HomeMy WebLinkAboutOrd1997-015
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Sponsored by: Planning & Zoning Commission
Introduction Date: May 27. 1997
Public Hearing Date: June 9.1997
CITY OF SEWARD, ALASKA
ORDINANCE NO. 97-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, PROVIDING FOR HOUSEKEEPING AMENDMENTS TO SCC
TITLE 15, SEWARD ZONING CODE, REGARDING CONDITIONAL USES
WHEREAS, the conditional use permit provisions of the Seward Zoning Code do not
specifically address how long a conditional use permit is valid if the use ceases to exist for any
length oftime or whether or not such permits are transferable from one owner to another; and
WHEREAS, the conditional use permit provisions do not stipulate whether or not a
permittee is allowed to request amendments to an approved conditional use permit; and
WHEREAS, the Zoning Code fails to address whether or not an existing use, that did not
require a conditional use permit when it was initiated, but which would now require a conditional
use permit under the terms of the Zoning Code, is subject to the conditional use permit provisions
prior to any development expansion; and
WHEREAS, there is a need to amend the Seward Zoning Code in order to address these
issues and ensure consistent administration of the code; and
WHEREAS, at its May 7, 1997, meeting the Planning & Zoning Commission held a public
hearing and recommended the amendments contained in this ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
HEREBY ORDAINS that:
Section 1. SCC 15.10.315 Nonconforming lots, structures and uses, is hereby amended by
adding the following subsection:
H Uses vermitted under conditional use vrovisions.
1. A use that was legal and did not require a conditional use permit when it
was initiated, but which would now require a conditional use permit under the terms
of this chapter, shall be considered a legal conforming use and may continue to exist
as a conditional use subject to the provisions of this chapter and may be modified in
accordance with see c915.10.320. In accordance with 915.10.320 F.3., if there is
a lapse in such use for a period of one year or longer, that use will no longer be
considered a legal conforming use, and the owner must apply for a conditional use
permit for any later use.
CITY OF SEWARD, ALASKA
ORDINANCE NO. 97-15
2. A use that was conditionally permitted when it was first initiated, but
which is now allowed as an outright use in the district in which it is located under
the terms of this title, shall not be deemed a nonconforming use. Such use shall be
considered to exist as a permitted principal use and the conditional use permit shall
be null and void
Section 2. SCC 15.10.320 Conditional use permits is hereby amended by adding a new
Subsection E., changing the existing Section E to Section F, and amending Section F to read as
follows:
E. Modification of final approval.
1. An approved conditional use permit may, upon application by the
permittee, be modified by the planning and zoning commission:
a. When changed conditions cause the conditional use to no longer
conform to the standards for its approval.
b. To implement a different development plan conforming to the
standards for its approval.
2. The modification application shall be subject to a public hearing and a
filingfte set by city council resolution.
F. Exviration - Extensions - Transferability.
1. An approved conditional use permit lapses six (6) months after approval
if no building permit is procured or if the allowed use is not initiated.
2. The commission may grant time extensions not to exceed 6 months each
upon a finding that circumstances have not changed sufficiently to warrant
reconsideration of the approval of the conditional use permit. A request for an
extension must be submitted prior to the expiration of the permit. A public hearing
shall not be required prior to granting an extension of time.
3. A conditional use permit shall automatically expire if for any reason the
conditioned use ceases for a period of one year or longer.
4. A conditional use permit is not transferrable from one parcel of land to
another. eonditional use permits may be transferred from one owner to another for
the same use, but if there is a change in use on the property, a new permit must be
obtained.
Section 3. This ordinance shall take effect ten (10) days following its enactment.
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 97-15
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this
9th day of June, 1997.
AYES:
NOES:
ABSENT:
ABSTAIN:
THE CITY OF SEWARD, ALASKA
Anderson, Bencardino, Blatchford, Clark, Crane, Keil, King
None
None
None
ATTEST:
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson and
Brecht, Attorneys for the City of Seward
P~O-D< .~.~~
Patricia J. Jones, CMC
Acting City Clerk
(City Seal) ~~~"'~~I:~.'",_,,
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