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HomeMy WebLinkAboutOrd1989-626 . . . Sponsored by: Schaefermever CITY OF SEWARD, ALASKA ORDINANCE NO. 626 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING CHAPTER 2.30, BOARDS AND COMMISSIONS, AND ADOPTING TITLE 15, PLANNING AND LAND USE REGULATIONS, OF THE SEWARD CITY CODE WHEREAS, the City Council has requested the Kenai Peninsula Borough to grant delegated authority to the City of Seward to provide zoning regulations within the City; and WHEREAS, the City Council has requested the Kenai Peninsula Borough to grant delegated authority to the City of Seward to make Land Use Plan amendments to the Seward Comprehensive Plan; and WHEREAS, upon adoption of appropriate code prov1s1ons regarding zoning and land use plan amendment regulations within the City, the corresponding provisions will be deleted from the Kenai Peninsula Borough code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Article 2. Seward Advisorv Plannina and Zonina commission, under Chapter 2.30 Boards and Commissions of Title 2 Administration, is hereby repealed. Section 2. commission, under Administration is A new Article 2. Seward Plannina Chapter 2.30 Boards and Commissions hereby adopted as follows: and Zonina of Title 2 Article 2. seward Planninq and zonina Commission Sections: 2.30.210 2.30.215 2.30.020 2.30.025 Established Terms of office, filling vacancies Meetings and quorum Duties and Powers 1 . . . 2.30.210 Established. A. There is created the Seward Planning and Zoning Commission, consisting of seven citizens, all of whom shall reside in the city and who shall be nominated by the mayor and confirmed by the council. No officer or employee of the city may be an appointed member of the commission. B. A chairman of the commission shall be selected annually and shall be appointed from and by the appointed members. 2.30.215 Terms of Office: fillina vacancies. A. Members of the Seward Planning and zoning commission shall be appointed for three years; provided that the terms of initial appointments shall be staggered so that as nearly as possible a pro rata number of members shall be appointed each year. B. The mayor, with approval of the council, may appoint any qualified person to fill a vacancy of any member of the commission; provided, that the appointment shall be for the unexpired term of the vacancy. C. FOllowing a member's absence for three consecutive regular meetings of the Commission, the remaining commission members shall decide whether the commissioner should be retained or whether to request council appointment of a new member. 2.30.220 Meetinas and QUorum. A. The Seward Planning and zoning commission shall meet at 7: 30 p.m. in the city council Chambers on the first Wednesday of each month. special meetings may be held at the call of the Chairman or the City Manager, and at such other times as the Commission may determine. B. Four members of the commission shall constitute a quorum for the transaction of business; except that, in the absence of a quorum, any number less than a quorum may adjourn the meeting to a later date. The affirmative votes of at least a majority of those commissioners present shall be required for official action unless a larger majority is required by law. C. All meetings and records of the commission shall be open to the public. The commission shall keep minutes of the proceedings, showing the vote of each member upon each question, and shall keep records of any other of its official actions, all which shall be immediately filed in the office of the city clerk and shall be a public record. 2 . . . 2.30.225 Duties and Powers. A. The Commission shall perform the following duties: 1. Interpret the provisions of compliance determinations when administrative official. this title and make requested by the 2. Review and act upon requests for variance permits, conditional use permits, and other matters requiring consideration under the Seward zoning Code. 3. Review the City of Seward Comprehensive Plan on an annual basis and conduct a minimum of one public hearing. Said recommendations shall be forwarded to the Council for consideration. 4. Promote public interest and understanding of comprehensive planning, platting, zoning, land management and other issues relating to community planning and development. B. The Commission shall act in an advisory capacity to the City Council regarding the Seward Zoning Code, Seward Comprehensive Plan, Official zoning Map, Official Land Use Plan map, and other duties as requested by the City Council. C. The Commission shall act in an advisory capacity to the Kenai Peninsula Borough Planning commission regarding the following matters: 1. Subdivision Plat proposals. 2. Right-of-way and easement vacation petitions. 3. Kenai Peninsula Borough Comprehensive Plan and Coastal Zone Management Plan development, updates and amendments. 4. City of Seward Comprehensive Plan amendments not otherwise delegated to the City of Seward. Section 3 . Title 15. Planninq and Land Use Requlations of the Seward City Code is adopted to read as follows: 3 . . . ChaDters: 15.01 15.05 15.10 sections: 15.01. 010 15.01. 015 15.01. 020 15.01. 025 15.01.030 15.01. 035 15.01. 040 15.01. 045 15.01. 050 15.01. 055 TITLE 15 PLANNING AND LAND USE REGULATION General provisions Land Use Planninq Seward Zoninq Code ChaDter 15.01 GENERAL PROVISIONS Authority, purpose; intent Administrative Official Planning and Zoning commission Board of Adjustment Official Maps - Generally Amendment Procedures Public Hearings Fees Enforcement and Penalties Severability 15.01.010 Authoritv. Puroose; Intent. A. Authority. In accordance with the provisions of AS 29.40.010 (b), and Kenai peninsula Borough Code of Ordinances 21.01.020 A. and 21.01.025, this title is enacted for the regulation of land uses within the City of Seward. B. Purpose. It is the purpose of this title to promote public health, safety and general welfare by providing for planning and land use regulations within the City of Seward. C. Intent. It is the intent of this title to: 1. Provide for orderly development of the community; 2. Promote safety and public order; 3. Protect the public health and general welfare of the citizens of the community; and 4 . . . 4. stimulate systematic development of transportation systems, public utilities, schools, parks and other public facilities. 15.01.015 Administrative Official. The City Manager or his designee is hereby named as the administrative official (hereinafter referred to as administrative official) relating to all actions taken by the Seward Planning and Zoning commission. The city manager or his designee shall be responsible for: 1. Interpreting and enforcing this title: 2. Maintaining records of all activity related to this title: and 3. Processing appeals consistent with this title. 15.01.020. Plannina and zonina Commission. The Seward Planning and zoning commission (hereinafter referred to as Commission) as established in 2.30.210 is the body created to assist in the interpretation of this title. 15.01.025 Board of Ad;ustment. The Seward City Council is declared to be the Board of Adjustment, which shall hear and decide appeals consistent with this title. 15.01.030 Official MaDS. A. custodian. The City Clerk shall be the custodian of the official land use and zoning maps which shall be located in city Hall. Each map is adopted by reference and declared to be part of this title in the exact form as it existed in April, 1988, or when amended by the City Council. It shall be the final authority as to the current land use and zoning status of land and water areas, buildings and other structures in the city. B. Lost or Damaged. If an official map is lost or damaged, any significant parts thereof remaining after partial destruction shall be preserved, and the City Council shall by ordinance adopt a new map which shall be consistent with and supersede the old map. C. shall be shall be Adoption. Official maps shall bear the adoption date and signed by the City Clerk. Amendments and the date thereof immediately added to the official maps. D. Changes. No changes of any nature shall be made to the official maps except in conformity with the procedures set forth in this title. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this title and punishable as provided in this title. 5 . . . E. Interpretation. Where uncertainty exists as to the boundaries of land use designations and zoning districts shown on the official maps, the following rules shall apply: 1. Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such lines; 2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines; 3. Boundaries indicated as approximately following city limits or section lines shall be construed as following city limits or section lines; 4. Boundaries indicated as following shorelines shall be construed to follow such shorelines. Boundaries indicated as approximately following the center lines of streams, rivers, lakes or other bodies of water shall be construed to follow such center lines; 5. Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 4, above, shall be so construed. Distances not specifically indicated on the official maps shall be determined by the scale of the map; 6. Where physical or cultural features existing on the ground are at variance with those shown on the official maps, or in other questions of map interpretation not covered by subsections 1 through 5 above, the Board of Adjustment shall interpret the applicable boundaries. 15.01.035 Amendments. A. Generally. Whenever the public necessity, convenience or general welfare requires, the city council may, under the procedure set forth in this section and by ordinance, amend or repeal these regulations or change zoning and land use district boundaries. B. Initiation. 1. Changes in this title may be initiated by the following means: a. By the City council on its own motion; b. By the Commission on its own motion; 6 . c. By petition property owners amended; of a majority of the in the area to be d. By petition bearing the signatures of fifty (50) registered voters within the city; e. By petition as provided by the Home Rule Charter of the city of Seward. 2. A proposed amendment which is substantially the same as any other proposed amendment submitted wi thin the previous nine (9) months and which was not approved shall not be considered. 3. Except for an ordinance altering the boundaries of existing, contiguous zoning districts or an ordinance which brings a parcel into conformance with the land use plan, no ordinance altering zoning within the city shall be considered if the area encompassed by the proposed ordinance contains less than 1 acre, not including street or alley rights-of-way. . 4. The amendment request shall include the names and address of the applicant, a map showing the area involved, the present and proposed land use designation, the reason for the proposed change, the appropriate application fee as set by city council resolution and other pertinent information requested by the city. c. Amendment Procedure. 1. A completed application, as described in this section, shall be submitted to the administrative official. The administrative official shall schedule a public hearing pursuant to the provision of 15.01.040. 2. The Commission shall hold a public hearing in accordance with the requirements of this chapter. 3. The Commission shall, upon public hearing, forward its written recommendation to the Seward city Council, along with all certified minutes and public records relating to the proposed amendment. 4 . The ci ty council, in provisions of the Seward City Code, the amendment as a City ordinance. accordance with the mayor may not adopt . 7 . . . 5. A copy of all proposed and adopted amendments to the Land Use Plan shall be submitted to the Kenai Peninsula Borough Planning commission for information. 15.01.040 Public hearinqs. Public hearings as required by this Title shall comply with the notice requirements as contained herein. A. Procedures. 1. Notice of the public hearing shall be published at least twice in a newspaper of general circulation within the city. The notice shall be published during each of the 2 calendar weeks prior to the public hearing date. 2. The notice shall contain at least the following information: a brief description of the proposal on which the public body is to act; a legal or common description of the property involved; date, time and place of the public hearing; person and place to contact for more detailed information. 3. Decorum of the body holding the hearing shall prevail. B. Neighboring property owners Notification. A copy of the aforementioned newspaper notification shall be mailed by certified mail to real property owners of record on the Kenai Peninsula Borough assessor's records within a 300-foot periphery of the parcel affected by the proposed action. This notice shall be mailed not less than ten (10) days prior to the date of the hearing. When a public hearing is to be held about an amendment involving a change in text or major district boundary changes, no notification of neighboring property owners shall be required, but notices shall be displayed in at least three public places. 15.01.045 Fees. Fees, established by City Council resolution will defray a significant portion of the administration costs associated with processing applications for action covered by this title. Whether an application is granted or denied, the petitioner or applicant shall not be entitled to the return of the fee paid. 15.01.050 Enforcement and Denalties. abating violations. A. Procedures for 1. When a violation is discovered the city manager or his designee shall notify in writing via certified mail or by notice posted at the site of the violation, the person responsible for said violation. The notice shall specify the violation and order abatement within 8 . . . a reasonable period of time, to be no longer than 90 days. Interpretation and abatement action of all purported violations known to the city manager shall be presented to the Commission at its next regular meeting. 2. If a violation is not corrected within the aforementioned reasonable time, the city manager shall notify the city attorney, who may initiate action to abate the violation, including the filing of criminal charges as necessary. B. Penalties. See Chapter 1.05, violations and Penalties. 15.01.055 Severabilitv. In the event any portion, section, subsection, clause, sentence, or phrase of this title is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title. 9 . . . ChaDter 15.05 sections: Land Use Plannina 15.05.010 Seward Comprehensive Plan 15.05.015 Incorporation of additional documents 15.05.020 Land Use Plan - Purpose 15.05.025 Land Use Districts - Established, Defined 15.05.010 Seward ComDrehensive Plan. From time to time, upon recommendation of the Seward City council, the Kenai Peninsula Borough Assembly shall by ordinance modify, adopt and implement the Seward Comprehensive Plan. The Plan is a public declaration of policies reflecting community goals as expressed by citizens, and is meant to guide the actions of elected officials in setting forth the goals, objectives, and policies governing the future develop- ment within the City of Seward. 15.05.015 IncorDoration of additional documents. For the purposes of this title the following documents as initially enacted and thereafter amended are adopted by reference as part of the Seward Comprehensive Plan: 1. Seward Airport Land Use and Development Plan (Dee 1985) 2. Emergency Preparedness Plan (May 1986) 3. Plan of Action - Seward Fire Department (May 1986) 4. Seward Small Boat Harbor Uplands Management Plan (Nov 1983) 15.05.020 Land Use Plan PurDose. A part of the Comprehensive Plan is the development of a land use classification system on which to base zoning, and to guide the land use regulation system. Such a classification system should provide a balanced, compatible land use mix, in order to separate incompatible uses and minimize conflict between land uses. 15.05.025 Land Use Districts - Established. Definitions A. Established. The City is hereby divided into land use districts which shall be bounded and defined as shown on the official land use map. This official map, together with all explanatory matter thereon, as exhibited at the time of public hearing, is hereby adopted by reference and declared to be a part of this chapter. 10 . B. Definitions--purpose 1. Rural residential district. family housing on large lots. 2. Sinqle familv residential district. Houses on separate lots of varying sizes. Low density single 3. Two - familv residential district. Transitional housing area with a mix of single and two-family units, close to public services. 4. Multi-familv residential district. Higher density housing with good pedestrian access to nearby commercial and institutional services. 5. Office/residential district. Low density residential, commercial and office development designed to encourage maintenance of the historical character of "Millionaire's Row" on the west side of Third Avenue between Jefferson and Madison streets. 6. Harbor commercial district. Fishing, tourist and marine-related commercial uses. . 7 . Auto commercial district. Highway commercial uses with off-street parking. 8. Central business district. Full range of commercial business services, specialty retailing and convenience goods, with no required setbacks or off- street parking. Service access to businesses from alleys. In order to minimize intrusion into adjacent residential neighborhoods, the district boundary is defined along streets and alleys. 9. Industrial district. Manufacturing, processing, warehousing, distribution, and transportation facilities. 10. Institutional district. Public and private educational, administrative, government and health care uses, including public land reserve for future public development. 11. Parks district. Areas for recreation or commemorative uses. . 12. Resource manaqement district. Broadly classed lands which may include but not limited to wildlife habitats, steep slopes, flood plains and other perceived hazards to development. A wide range of development allowed by permit. 11 . . . ChaDter 15.10 Seward Zoninq Code sections: Article 1. Generallv 15.10.110 Title 15.10.115 Purpose 15.10.120 Applicability of Regulations 15.10.125 Permitted Uses 15.10.130 Unlisted Uses 15.01.135 Conflicts between codes/covenants 15.10.140 Definitions Article 2. District Requlations 15.10.210 zoning Districts 15.10.215 Parking 15.10.220 Development Requirements Table 15.10.220 Development Requirements 15.10.225 Land Uses Allowed Table 15.10.225 Land Uses Allowed--By Districts 15.10.230 Special Setbacks 15.10.235 Townhouses 15.10.240 Home Occupations Article 3. Supplementarv Requlations 15.10.310 Contract Zoning 15.10.315 Nonconforming, Lots, Structures, and Uses 15.10.320 Conditional Use Permit 15.10.325 Variances Article 4. Appeals 15.10.410 Appeals - Generally Article 1. Genera11v 15.10.110 Title. This chapter shall be known and cited as the "Seward Zoning Code." The provisions of this chapter are ap- plicable to all lands within the municipal limits of the City of Seward. 12 . . . 15.10.115 Purpose. This chapter is adopted in order to protect the public health, safety and welfare by: A. Designing, regulating, and restricting the location and use of buildings, structures, and land, for residence, commerce, trade, industry or other purpose: B. Regulating and limiting the height, number of stories and size of buildings and other structures hereinafter erected or alterations of any existing buildings: C. Regulating and determining the size of yards and other open spaces: D. Regulating and limiting the density of population: E. Conserving and stabilizing the value of property: F. Providing adequate open spaces for light and air, and to prevent and fight fires: G. Preventing undue concentration of population: H. Lessening congestion on streets and highways. 15.10.120 Applicabilitv of Reaulations. Except as hereinafter provided, all land and structures within the City shall be constructed, used, occupied or altered in conformance with the requirements of the zoning district in which they are located. The regulations set by this chapter within each zone shall be minimum regulations and shall apply uniformly to private and public property, and to each class or kind of structure or land, except as hereinafter provided. All lots, structures, and uses within the corporate limits of the city shall conform to the applicable district purposes as defined in this chapter and shall conform to applicable district regulations as enumerated in Tables 15.10.220 and 15.10.225. 15.10.125 Permitted Uses. A. The express enumeration and authorization of a particular class of building, structure, premise, or use in a designated zone shall be deemed a prohibition of such building, structure, premise, or use in all other zones unless otherwise specified. B. In cases of reasonable doubt as to whether a use is permitted in a specific zone, the guidelines established for conditional uses in section 15.10.360 shall apply. 13 . . . 15.10.130 Unlisted uses. A. Unlisted uses may be allowed within a district upon written decision by the Commission providing that each unlisted use meets all of the following conditions: 1. The use is not specifically permitted in any other district. 2 . The use is not more appropriate in another district, and 3. The use is consistent district in question; and is permitted outright. with the purpose of the similar to other uses B. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or open space on one lot shall be considered as providing a yard or open space on any other lot. C. No yard or lot existing at the time of passage of the ordinance shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this chapter. 15.10.135 Conflicts between codes/covenants. Whenever there is a conflict between this chapter, other ordinances or recorded subdivision covenants pertaining to the regulation of property within the City, the most restrictive regulation shall apply. 15.10.140 Definitions. A. General Interpretation. 1. Words used in the present tense include the future tense. 2. The singular number includes the plural. 3. The word "person" includes a corporation as well as an individual. 4. The word "lot" includes the word "plot" or "parcel". 5. The term "shall" is always mandatory. 6. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended", "arranged", or "designed to be used or occupied." 14 . . . B. Specific definitions. In this chapter, unless otherwise provided or the context otherwise requires: Accessorv use or buildinq means a detached building, the use of which is appropriate, subordinate and customarily incidental to that of the main building or to the use of the land and which is located on the same lot as the main building or use. An accessory building shall be considered to be a part of the main building when joined by a common wall or connected by a breezeway to the main building. Accessory building means any structure regardless of type of foundation or base support, including skid- mounted or other moveable structures. Allev means a dedicated public way which affords a secondary means of access to abutting property and not intended for general circulation. Buildinq means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. Buildinq area means a total area taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of external steps. Buildinq existinq means a building erected prior to the adoption of this code or one for which a legal building permit has been issued. Buildinq heiqht means the vertical distance above a reference datum measured to the highest point of the coping of a flat roof. The reference datum shall be selected by either of the following, whichever yields the greater height of building: a. The elevation of the highest adjoining sidewalk or ground surface within a 5-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above the lowest grade; b. An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in subsection (a) above is more than 10 feet above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. Buildinq. Principal or Main means a building in which is conducted the principal or main use of the lot on which the building is situated. Attached garages, porches, and carports shall be considered to be part of the principal building. 15 . . . Buildable or usable area means that portion of a lot that a prudent person would use to construct a building and provide required parking. This excludes lakes and rivers, creeks, cliffs, marshes, and other similar natural obstacles to development within the property as counting toward minimum required lot size. Dwellinq means a building designed or used exclusively as living quarters for one or more families Dwellinq qroups means a group of two (2) or more, detached or semi-detached I-family dwellings occupying a parcel of land, in single ownership and having any yard or court in common, but not including motels and hotels. Dwellinq. Multiple Familv, means a building used or designed as a residence for or occupied by three (3) or more families, with a number of families in residence not exceeding the number of dwelling units provided and living independently of each other under one roof, and includes apartments, townhouses, row houses and other similar housing types. Dwellinq. Sinqle familv means a detached building designed or used exclusively for occupancy of one (1) family and having housekeeping facilities for only one (1) family. Dwellinq. 2-familv, means a detached building designed exclusively for occupancy of two (2) families living independently of each other under one roof and constituting two (2) dwelling units. Dwellinq unit means a containing kitchen, living, toilet, designed to be occupied by one (1) building or portion thereof and sleeping accommodations and family. Familv means any number of individuals living together as a single housekeeping unit in a dwelling unit and distinguished from a group occupying a rooming house, club, fraternity house or hotel. Home Occupation means any use customarily conducted entirely within a dwelling and carried on by the occupants thereof, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and in connection with which there is no exterior sign, no display or stock in trade, no outside storage of materials or equipment, no commodity sold upon the premises and not more than two (2) persons are engaged in such occupation. 16 . . . Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area and to provide such yards and other open spaces as are herein required. Such lot shall have frontage or access on a public street, or on an approved private street, and may consist of: 1. A single lot of record. 2. A portion of a lot of record. 3. A combination of complete lots of record; of complete lots of record and portions of lots of record; or portions of lots of record; 4. A parcel of land described by metes and bounds; provided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter and that, in the case of multiple lots or portions thereof, the property be replatted to eliminate interior lot lines. Lot Area means the total horizontal area within the lot lines of a lot, exclusive of streets and alleys. Lot. Corner, means a lot situated at the intersection of 2 or more streets having an angle of intersection of not more than 135 degrees. Lot coveraqe means the percentage of the total lot area included with the outside lines of exterior walls of all buildings on the lot, exclusive of steps. Lot depth means the horizontal distance between the front and rear lot lines measured on the longitudinal centerline. Lot qroup in common ownership means two or more parcels of land, each of which was recorded by the borough assessor on or before December 5, 1978, as separate tax parcels and which are contiguous and owned by the same person, partnership or corpora- tion. Lot. Interior, means a lot other than a corner lot. Lot Line. Front, means, in the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the owner may choose which street he shall designate as the front of the lot. Once the choice of frontage has been made, it cannot be changed unless all requirements for yard space are complied with. Lot Line. Rear, means a line opposite and most distant from the front lot line and, in the case of irregular or triangular 17 . . . shaped lots, a line not less than 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line. Lot line. Side, means lot boundary not a front lot line or a rear lot line. Lot width means the average horizontal distance separating side lot lines of a lot and at right angles to its depth. Mall - see shopping center. Parkinq area means a structure or an open area, other than a street, alley or other right-of-way on which vehicle parking spaces are defined, designated or otherwise identified and available, whether free or for compensation, for use by the public, clients, tenants, customers, employees or owners of the property for which the parking area is required by ordinance. Parkinq requirements as stated in terms of emplovees means the maximum number of employees who will be at the site at one time on either a single shift or an overlap of shifts. Parkinq space means an area, enclosed or unenclosed, sufficient in size to store one motor vehicle. At a minimum, each space shall measure 10 feet wide by 20 feet long. Parkinq Space. Off-street means a designated parking space, exclusive of maneuvering room designed with adequate independent access to, but located off any street, alley, or other right-of-way. Planned unit development means a group or combination of certain specified residential, commercial, or industrial uses developed as a functional integral unit in a district where some or all the uses might not otherwise be permitted. Residential means activity involving the occupation of a building for living, cooking, sleeping, and recreation. Setback means the required minimum distance from a right- of-way or lot line that establishes the area within which only fencing, landscaping , driveways, parking and similar uses are permitted. Any structure including, but not limited to, decks, stairways, porches, or other attachments to a building are specifically prohibited in the setback. Building eaves are permitted to extend into the setback a maximum of 3 feet. Shoppinq center means a single complex which provides a combination of retail establishments designed in such a manner as to provide convenience for shoppers. 18 . . . Street means a dedicated public way, which affords the principal means of access to abutting property, such as an avenue, place, drive, boulevard, highway, and other similar public thoroughfare, except an alley defined herein. structure means anything constructed or erected on the ground or attached to something having location on the ground, including, but not limited to, buildings, towers, sheds, and signs. Fences, retaining walls less than 3 feet in height, and similar improvements of a minor character are excluded. Townhouse means single-family dwelling units constructed in a series or group of not less than 3 units separated from an adjoining unit or units by an approved party wall or walls, extending from the basement of either floor to the roof along the linking lot line. Each unit and its lot shall be held in fee simple, except that the amenities, open area and other associated common property shall be held as undivided common property of the owners of each unit. Yard means a required open space on the same lot with a main building, unoccupied or unobstructed from the ground upward, except as otherwise provided in this chapter. Yard. Front, means the area extending across the full width of a lot, measured between the front lot line and the nearest exterior wall of the building, front of a bay window, or the front of a covered porch or other similar projection, whichever is the nearest to the front lot line. Yard. Rear, means a yard extending across the full width of the lot between the most rear extension of the main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the point of the rear lot line nearest to the main building. Yard. Side, means a yard between a main building and side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building. Article 2. District Requlations 15.10.210 Zoninq Districts. A. Adoption of Zones. The City is hereby divided into zones, which shall be bounded and defined as shown on the official zoning map. The official zoning map, together with all explanatory matter thereon, as exhibited at the time of public hearing, is hereby adopted by reference and declared to be a part of this chapter. 19 . B. Districts--definitions--purpose. 1. RR rural l-familv residential district. The "RR" district is intended to be used for low-density single-family homes in outlying areas in a form which creates a stable and attractive living environment. 2. Rl l-familv residential district. The "Rl" district is intended to be used for urban, single-family homes and the appurtenant conununity services, and to encourage a suitable environment for family life. 3. R2 2-familv residential district. The "R2" district is intended to stabilize, protect, and encourage a suitable environment for medium-density multi-family residential living. 4. R3 multi-familv residential district. The "R3" district is intended to stabilize, protect and encourage a suitable environment for high-density mUlti-family residential living. . 5. OR office residential district. The "OR" district is intended to protect a part of the historical character of that area of town known as "Millionaire's Row" which is on the west side of Third Avenue between Jefferson and Madison streets. It allows limited conunercial/office development within existing structures along with residential uses. 6. HC harbor conunercial district. The "HC" district is intended to be applied to lands with direct access or close proximity to small boat harbors within the city. Uses within the HC district are intended to be marine-related or marine-dependent and primarily those uses that are particularly related to tourism, recreation, conunercial or industrial enterprises that derive economic or social benefit from a harbor waterfront location. 7. AC auto conunercial district. The "AC" district is intended to provide an area for convenience shopping facilities for surrounding neighborhood areas. It is also established as a district in which the principal use of land is for establishments offering acconunodations, supplies or services to motorists. . 8. district business primary CB central business district. The "CB" is designed to protect and enhance central district core for efficient performance of its function as an urban center for retail, 20 . . . commercial, financial, and service facilities, and to discourage uses not requiring a prime central location. 9. I industrial district. The "I" district is intended primarily for industrial and transport operations, including sea transportation and commerce. The intent is to reserve such areas for appropriate industries which can function in no other location. 10. INS institutional district. The "INS" district is intended to include public and private educational, administrative, government and health care uses, including public land reserves for future public development 11. P parks district. The "P" district is intended to include only those public lands which are established as public parks for recreational and commemorative uses for the benefit and enjoyment of the residents and visitors to the community. 12. RM resource manaqement district. The "RM" district is intended to include lands which are undeveloped due to natural hazards, steep slopes, critical wildlife habitat or watersheds. Some lands may not be developed while others cannot be precisely zoned due to inadequate information on the extension of public services and utilities, and suitability of the land to support commercial, residential, industrial or public uses. c. undesignated - Annexed Lands. Property which has not been specifically included within a zone and lands which may hereafter be annexed to the City shall be classified Rural Residential until such classification is changed by amendment to the zoning ordinance as provided by section 15.01.035. 15.10.215 Parkinq. A. Except in the CB and OR districts and that portion of the HC district along Fourth Avenue between the boat launch ramp and Old Airport Road, there shall be provided at the time of construction of a principal building or at the time of alteration, enlargement or any change in use of any principal building, permanently maintained off-street parking spaces for the use of occupants, employees or patrons of such building. It shall be the responsibility, jointly and severally, of the occupants and owners of the building to provide and maintain said off-street parking in accordance with this chapter continuously during the life of the building. 21 . . . B. For each principal building or use wi thin a principal building, there shall be no less than the number of off-street parking spaces specified under this section: Land Use Dwellina and Lodaes 1. Single-family and 2 family dwellings and parish houses 2. Multiple-family dwellings and other places containing multiple dwelling units 3. Hotels and motels 4. Bed and Breakfast, room- ing and boarding houses Institutions and PUblic Uses 5. Churches, auditoriums, sports arenas, funeral chapels, theaters and other places of public assembly 6. Sanitariums, nursing homes, dormitories, and other similar institutions 7. Hospitals 8. Public libraries, museums and art galleries; post offices; community/ senior centers Minimum Number of parkina Spaces Reauired 2 parking spaces per dwelling unit 2 parking spaces per dwelling unit plus 1/2 space for every unit larger than 2-bedrooms or greater than 1000 square feet in size 1 and 2/10ths spaces per guest unit 1 space per guest room plus spaces for the principal dwelling unit 1 space for each 4 seats at maximum capacity 1 space per 2 residents at maximum capacity 1 space per 2 beds at maximum capacity plus 1 space for each employee on duty 1 space per 1000 square feet of gross floor area 22 . . . 9. Primary and secondary public and private schools 10. Post secondary, voca- tional and music schools; dance studios and colleges 11. Day care, nurseries and kindergartens Offices 12. Office buildings (public and private), professional center or clinic, financial institutions and other similar uses Entertainment and Services 13. Skating rinks, youth halls, fraternal and civic clubs, assembly halls and other similar uses without fixed seats 14. Eating and drinking establishments 15. Bowling alley Commercial 16. Food stores, shopping centers and malls 1 parking space for every 4 seats in the main auditorium or assembly room, or 3 parking spaces for every classroom plus 1 parking space for each staff member or employee, whichever is greater 1/2 parking space for each instructor and 1/2 space for each student, based upon maximum student capacity at one time 1/2 space for each staff member and employee plus 1 space for each 1000 square feet of gross floor area 1 parking space for each 250 square feet of gross floor area, but not less than 5 spaces 1 parking space for each 100 square feet of gross floor area 1 parking space per 200 square feet of gross floor area, or one for each 4 seats, whichever is greater 4 parking spaces for each alley plus 1 for each employee on duty 1 parking space for each 250 square fee of gross floor area, but not less than 6 spaces 23 . . . 17. Barber, beauty and other personal ser- vices shops 18. Retail stores or ser- vice business 19. Service or repair shop, retail store handling exclusively bulky merchandise such as machinery, furniture, wholesale stores, appliances, carpet, show- rooms, etc. 20. Motor vehicle sales and service estab- lishments 21. Laundry and dry- cleaning establish- ments 22. Gasoline service station Industrial 23. Industrial, processing, manufacturing, and assembling 24. Warehousing, storage, and wholesale business 1 parking space per 100 square feet of gross floor area 1 parking space for each 300 square feet of gross floor area 1 parking space for each 400 square feet of gross floor area 1 parking space for each 400 square feet of gross sales floor area plus 4 spaces for each auto service stall 1 parking space for each 500 square feet of gross floor area, or 1 parking space for each 4 coin-operated washing machines, dryers or dry cleaning machines, whichever is greater 1 parking space for each 2 gas pumps plus 2 spaces for each grease rack, wash rack, and stall for servicing vehicles 1 parking space for each 500 square fee of gross floor area except that office space shall provide parking space as required for offices 1 parking space for each 1,500 square feet of gross floor area, but not less than 3 spaces c. Unlisted uses. The requirements for off-street parking facilities for uses not specifically mentioned in this chapter shall be the same as the above-mentioned use which, in the op1n1on of the administrative official, is most similar to the use not specifically mentioned. 24 . . . D. size of spaces. All parking spaces shall not be less than 10 feet wide and 20 feet long per vehicle, exclusive of access and turning areas required to utilize such space. E. Location. All required parking spaces shall be on the same lot as the main building served; on an abutting lot(s); or by conditional use permit, on any lot(s) within 300 feet if it is determined to be impractical to provide parking on the same or abutting lot(s). separate or abutting parking lot(s) is (are) allowed provided that such lots are permitted as a principal or condi tional use wi thin the zoning district. Such abutting or separated lot(s) shall be under the same ownership as that of the building being served, or there shall be a parking agreement approved by the city, which provides for parking requirements for the life of the occupancy. F. Site plan. A site plan showing all parking areas shall accompany all applications for building permits. Said plan shall show dimensions of spaces, curb cuts and other information necessary to determine compliance with the provisions of this chapter. The administrative official shall approve or reject the site plan on the basis of compliance with the requirements of this section. No building permit shall be issued until the parking site plan is approved. G. Street access. All off-street vehicle parking facilities shall be designed with appropriate means of access to street, alley or other right-of-way, and will have adequate maneuvering area. No driveway or curb cuts in any district shall be less than 12 feet or more than 25 feet in width. Detailed plans for all curb cuts shall be submitted to the administrative official for approval before a building permit is issued. R. Parking lots. Every lot or parcel of land used as a pUblic or private parking area, shall be developed as follows, subject to the approval of the plans by the administrative official: 1. Lighting of all parking areas shall be arranged to reflect away from adjacent residential areas and all public streets and highways; 2. All parking spaces and lots shall be durably surfaced, free of mud and standing water, and be dust free. 3. Where such area adjoins the side of a lot in any residential district, it shall be separated from such lot by a fence or hedge not less than 4 feet or more than 6 feet in-height. Such fence or hedge shall be maintained in good condition and shall not extend beyond front yard lines required in such residential district; 25 . . . 4. All parking (except that serving single-family and duplex residences) shall be so arranged that ingress and egress are possible without backing over a sidewalk, sidewalk area, or onto a street of collector or larger designation; 5. Turning and maneuvering space (except that which services single-family and duplex residences) shall be located entirely on private property, provided that the usable portion of an alley may be credited as aisle space subject to safety approval by the city engineer. I. Dual use of lots. Two or more buildings or uses may collectively provide the required off-street parking, in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately. In the instance of dual function of off-street parking where operating hours of uses do not overlap, the advisory plan- ning and zoning commission may by conditional use permit, reduce the required parking to any amount that meets the requirements of each use. J. parking require computation of numbers of spaces. In figuring the total requirements for a use, any fraction of 1/2 or more shall one. more space. K. Reduction of spaces. No existing parking area and no parking area provided for the purpose of complying with the provisions of this chapter shall, after adoption of the ordinance codified in this chapter, be relinquished or reduced in any manner below the requirements of this chapter. L. Uses of parking areas. Required parking areas and spaces shall not be used for sales display, storage, repair work or any other purposes other than parking. All vehicles in custody of an operator of a business for service, repair, storage, sale, or other purpose shall be stored on the premises or on a separate vehicle parking lot and shall not be parked on a public right-of-way. K. Location on property. Parking spaces shall be permitted in any required yard area, provided that no parking spaces shall be permitted within 5 feet of any property line, exclusive of the central business district. N. Intersection with public street. At the intersection of any private drive or entrance or exit for a common parking area with a public street, no fence, wall, hedge, or other planting or structure forming a material impediment to visibility between a height of 2 1/2 feet and 8 feet shall be erected, planted, placed or maintained, and no vehicle so impeding visibility shall be 26 . . . parked within triangular area defined by lines connecting points as follows: Beginning at the point where the midline of the private drive or entrance or exit for a common parking area intersects the public right-of-way line in the direction of the nearer lane of approach- ing traffic, thence to a point 35 feet toward the interior of the property along the previously described midline, and thence to point of beginning. o. Handicapped parking. The following minimum off-street handicapped parking facilities shall be provided in commercial uses. Handicapped spaces shall be at least 12 feet wide. Each space shall be designated as reserved for physically handicapped individuals. All handicapped spaces shall be within 200 feet of an entrance that is accessible to handicapped individuals if one is required. TOTAL SPACES IN PARKING AREA 6--30 30--60 60--90 90-120 Over 120 HANDICAPPED SPACES REQUIRED I 2 3 4 5 P. Group use of lots. Where more than one tenant or use is included within anyone building or on anyone lot, the parking requirements shall be the sum total of the parking requirements for all of the various tenants or uses. The aggregation of tenants or uses shall meet all the requirements within the definition of "shopping center" in order to become entitled to utilize the parking ratio specified in section 15.10.060(B) (16). Generally speaking, parking requirements for a building shall be based on the most common parking requirement for uses in the zone in which such building is located, except where use areas are distinctively separated by building form. 15.10.220 Development Reauirements. Development Requirements, is incorporated herein the restrictions contained therein are mandatory modified by this chapter. Table 15.10.220 by reference and unless otherwise 15.10.225 Land uses allowed. Table 15.10.225 Land Uses Allowed by Districts, is incorporated herein by reference and the restrictions contained therein are mandatory unless otherwise modified by this chapter. The following codes are provided for information and interpretation: 27 . . . CODES A = Accessory Use (such as office with an apartment) o = A use allowed outright. Such use would not be reviewed by the P&Z Commission C = Conditional Use Permit required from P&Z Commission P = A permit from the city administration is required. These are generally spelled out elsewhere in sections of the City Code. BLANK = This use is prohibited within the specified zoning district. P = Parks RR = Rural Residential, very low density residential Rl = Single Family, low density residential R2 = Single and Two Family, medium density residential R3 = Single, Two and MUlti-Family, high density residential OR = Office residential (Millionaire's Row) AC = Auto and neighborhood oriented, light commercial HC = Harbor commercial CB = Central Business District - dense downtown commercial I = Industrial INS = Institutional, public, quasi-public uses RM = Resource Management - flood plains, steep slopes, other lands 28 . . . TABLE 15.20.065 DEVELOPMENT REQUIREMENTS I DESCRIPTION RR R1 R2 R3 ZONING DISTRICTS I OR ! AC I HC CB I INS P RM tv 1.0 Maximum Building ! 34 34 I 34 I 34 I 34 34 34 34 34 34 34 34 Height (It) I I i Minimum Buildable I 20,000 6,000 1-2 Units Lot Size - 6.000 6.000 9,000 lor 3-4 Units 6,000 6,000 None 3,000 10,000 None None 20,000 (sq. ft.) 1/21 7,000 7,000 plus 1,200 per unit lor 5 units & above ! I Minimum Lot 100 60 60 I 90 I 60 60 I 30 30 100 None None 100 Width (ft) IMinimum Front 20 20 20 20 20 10 None None 20 20 5 20 IYard Setback (ft) , Minimum Side I .Q .Q Yard Setback ! 10 15 TL 15TL 10 5 5 5 None 10 10 5 10 (ft) 31 5min 5min . 'Minimum Side Yard I Setback Adjacent 10 10 10 10 10 10 10 None 20 10 5 I 10 to Street (It) 41 Minimum Rear Yard I I Setback (It) 4/ 10 10 10 10 10 10 10 None 10 15 5 10 Maximum Accessory I I I I I Building Height (It) 20 20 20 20 I 20 I 20 20 34 34 34 20 I 20 Maximum Lot I I I !Coverage (0/0) 51 30 35 35 I 40 35 50 100 100 100 50 10 30 11 Buildable/useable area - lot may have to be larger to have minimum buildable area available. 21 6,000 sq. It. south of 1500 Block and 7,000 sq. It. north 01 1500 Block - R1 and R2 31 5 loot setback south 01 1500 Block and 15 leet total both sides with 5 loot minimum north of 1500 Block - R1 and R2. 4/ Jesse Lee Heights Subdivision - 20 feet - R1 51 Excludes setbacks in HC and I . . . TABLE 15.20.070 LAND USES Key: 0= Use Pemitted Outright C = Use Requires Conditional Use Permit P = Use Requires Administrative Permit Blank = Use Prohibited ZONING DISTRICTS USES RR R1 R2 I R3 I OR I AC 1 HC I CB I i INS I P [@ I AUTOMOTIVE w o Car Wash 0 C C Repair C C I 0 C I Paint. Body and Upholstery I C 0 I C Parts - New 0 0 0 Parts - Used i C C Sales/Rentals & Service C C Service/gas Station I I 0 0 C C C BOAT (MARINE) Bu ild ing/Fabrication I 0 0 C Charter Office 1 0 0 C C Marina/Harbor I I 0 C 0 C Marine Related Facility i C 0 C 0 C Repairs C 0 C Storage C 0 ! C C COMMERCIAL: RETAIL / WHOLESALE I Art Gallery I I ! i I , i I I i I C 0 I 0 , C 0 I Auction House , I , 01 C ; , Flea Market - Open Air Retail I C C C i C Gift Shop \ I C 0 0 0 I C Greenhouse/Nursery - commercial I 0 0 I 0 I Grocery I 0 c 0 c . . . USES RR I R1 I~I R3 ! OR I~I CB I IINSI P ~ COMMERCIAL: RETAIL / 'MiOLESALE Mobile Home sales , ! C I I C I Recreational Vehicle (RV) - Sales I : C I C 0 I C I Retail Business i 0 C 0 C C Studio: Art, Dance, Radio, TV C i 0 I 0 C Wholesale Sales 0 I 0 i 0 I 0 C I FOOD [BEVERAGE Bakery I 0 0 0 Bar C C C C Restau ran t ! ! I C 0 C 0 C C Drive-In (Fast Food) I 0 C C W I-' INDUSTRIAL Bulk Material Handling/Concrete Redl-mix C C Food Processing i.e. Canning C C C C Fuel, Bulk Tanks C C Junkyard C C lumber Yard/Building Supply I C C 0 C Manufacturing - Light C C 0 C Manufacturing - Noxious, Heavy C C Minerals & Natural Resource Develop. Facility I C I , C I Natural Resource Extraction I I C i C I C i Sawmill ! I C C : Sign Shop i I , C I 0 C 0 0 ! C I Tool/Equipment Rental i , , , i C C I C I 0 : I i 0 I I , i [ Welding, Sheet Metal I [ C I C i I 0 I I C ! . . . USES RR R1 I R2 R3 OR I AC HC! CB I INS! P ~ MISCELLANEOUS Ac es Bid C 't t 'th D' t ' t I 0 o o I 0 I 0 o i 0 o o I 0 I 0 o I c sory gs onsls en WI IS nc I I Farming - General Agriculture C I i i i i I i ! 0 : Fraternal Lodge/Club, Union Hall I i C i C ! o I C I 0 0 C i I i Home Occu pation ) 0 I 0 0 I o ! 0 I 0 0 0 I 0 I Satellite TV Dish I 0 i 0 I 0 I 0 I 0 i 0 0 0 i 0 0 0 I I ToweF6, Commercial - Radio, TV, etc. C C i C i C i I C I C I C I 0 0 0 I ! OFFICES W tv Agencies, Travel, Title, Insurance, etc. I I 0 I 0 0 I I Financial Institution i.e. Bank, S&L I I C 0 0 I Mobile or Temporary Bldg for Office/Security I ! I I C/P I C/P C/P I C/P i Professional, Business, Medical, Dental ! I I C C I 0 I C i 0 I 0 I I i : PUBLIC /INSTITUTIONAL Auditorium i I i ! o ! 0 0 Cemetery I I I I I i 0 I 0 I I ! I Churches I C i C C C I 0 C C Government, Administration ! i I C 0 i 0 0 0 0 I C Hospital I I C ! : C I I C Library ! : C I C ! C I C I 0 I 0 0 i I I i Museum I i i I C I 0 C I 0 ! 0 I I i I I I I Safety - Fire, Police I I I i ! I 0 0 0 C i I i I i I I ! Solid Waste Disposal Teen Center Utilities: Water, Sewer, Electric C C I o o , C , I C I : --lQJ C o o o C C i C o . . . USES IRRiR11R2 R3~CBI I INS I p I AM I RECREATION Billiards Hall I 0 I 0 ! 0 0 I Bowling Alley i i I , 0 I ! 0 C ; I Campground, Camper ParklRV Park I I i C/P C/P C/P I 0 0 i Campground, Employee I I C/P I I Community Center i I I C i I C 0 0 C I Golf Course 0 0 0 130lf Driving Range I 0 0 0 I 0 Gymnasium i I 0 0 0 I C Health Spa i i C 0 I 0 C Playground/Tot lot i 0 0 0 0 C , 0 C C 0 0 0 Theatres - Concert, Movie 0 I 0 I 0 I w w RESIDENTIAL / LODGING One Family Dwelling 0 0 I 0 0 I 0 I C Two Family Dwelling 0 0 C C Three-Four Family Dwelling I 0 0 0 0 C Five + Family Dwelling C I C C C C Townhouses, etc. I C C C I I Planned Unit Development I C C i C I C C C Mobile Home not in a Park I I i I Mobile Home/RV Park i ! I C/P C/P C/P Rooming/Boarding House I C I C i C I I C I Dormitory/Transient Housing C ! 0 i i C C C Nursing/Retirement Home I I C I i C i C C I i I I I I i I Bed and Breakfast Owner/Mgr Apartment to Business HotellMotelllodge P P P P P o o o o C o o I i I LJ P C C . - SCHOOLS \ C T C C C I I. \ C \ C C C \ C private. \'lon-pro\it \ T I C 0 0 pvt, Pro\it i.e. p,rt. Business. oance C \ \ C -\ C \ public. E.lement3JY I I C\ C C publiC. secondary \" C \ C C \ \ C post secondary i T C\ C C C C C C I vocatiOnal . uSE.S V) .t> SE C \ \ \ C p,nimal Hospital. Vet C\'Inic. Boarding \ C C C C C \ C C C OaY Cal'e _ \'lursery. Childcare \ \ 0 \ C \ 0 0 u~.undry/Ory Cleaning 0 C "\ \ I C 0 C Mortuary/Funeral \-Iome \ \ \ \ 0 0 \ C personal Ser'iiCe \.e. Beaut'!. Shoe, lailor \ 0 C C C f\epairlser'iiCe i.e. APp\'lance C C \ C C la)(idermY \ 0 C 0 \ 0 C \ " UPhOlsterY ftV\CE.S S,o 0\ 0 \ C C C 0 '\ I. C I C \ C 0 \ outdOOr I C i Wal'ehOuse f\AGE. ,fW'lSpOf{{ AIION . . . 15.10.230 special setbacks- CB and I Districts. Central Business and Industrial Districts. Where the CB district abuts the RR, R1, R2 or R3 districts, a minimum setback equal to that required of the abutting district shall be required. Where industrial districts abut onto RR, R1, R2 or R3 districts a minimum setback of 10 feet shall be required. 15.10.235 Townhouses. A. Generally. The standards set forth in this section shall compliment the general standards set forth in this chapter and shall not be construed as superseding any general standard. In the event of conflict, the stricter standard shall control. Notwithstanding the provisions of any other section of this chapter, planned unit developments i.e. townhouses shall be conditionally permitted in the following districts: R1, R2, R3, and RM, if the following requirements are met: B. Conditions. The proposed development meets all conditions specified in this chapter under the section titled Conditional Use Permits. All townhouse developments constructed pursuant to a conditional use permit issued under the provisions of this chapter shall be constructed in compliance with current state statutes. C. Plan. A detailed development plan is submitted with the application for a conditional use to include a site plan, drawn to scale. Such site plan shall include, but shall not be limited to the topography and drainage of the proposed site, the location of all buildings and structures on the site, counts and open space area, circulation patterns, ingress and egress points, parking areas (including the total number of parking spaces provided), and a general floor plan of the principal buildings, together with other such information as the Commission shall require. The number of contiguous units permitted shall be related to the topography, aesthetics, access and public safety. The development plan and the conditional use application may be rejected or modified if the development plan is not consistent with good design, efficient use of the site, and community standards. D. Number of units. Not more than 6 contiguous townhouses shall be built in a row with the same or approximately the same front line. E. separation requirement. No portion of a townhouse or accessory structure in or related to a group of contiguous townhouses shall be closer than 15 feet to any portion of a townhouse or accessory structure related another group, or to any building outside the development area. F. Minimum lot width. Minimum lot width for an individual townhouse is 12 feet. Larger lot and townhouse units may be required to assure adequate living space. 35 . . . G. Lot Coverage. The maximum lot coverage by all buildings shall be forty percent. carports open on three sides shall not be considered buildings for calculating maximum lot coverage. H. parking. Grouping of parking spaces is desirable; provided, that spaces intended for a particular unit are no more than 100 feet from the unit. On minor streets, use of the right- of-way may be permitted for maneuvering incidental to parking where this will facilitate snow removal. On collector and arterial streets, maneuvering incidental to parking shall not be permitted. I. Covered storage. Two hundred cubic feet of covered storage space shall be provided exclusive of the living area of the unit. J. Party walls. All party walls shall adhere to fire safety standards as established by the state Fire Marshal. K. Homeowners Association. The developer or subdivider of any townhouse development shall deposit with the appropriate homeowners association, formed in compliance with the Horizontal Property Regimes Act, AS 34.07, has been made prior to the sale of any townhouse dwelling units. 1. The developer or subdivider of any townhouse development shall deposit with the appropriate homeowners association, formed in compliance with the Horizontal Property Regimes Act cited in this section, a contingency fund in the sum of $500.00 per dwelling unit in the townhouse development fund. 2. A association contingency to the city copy of the bylaws of the homeowners showing in what manner the aforesaid fund shall be controlled shall be furnished for review and approval. L. Landscaping. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following: lawn grass, natural or ornamental shrubbery or trees. M. Rights-of-way. All roadways, fire lanes, or areas for maneuvering incidental to parking (not to include designated commonly held open space or recreational areas) shall be a minimum of 22 feet in width. Furthermore, no vehicular parking shall be allowed in the aforementioned areas. 15.10.240 Home Occunations. A. Intent. It is the intent of this chapter to permit home occupations which are compatible with other permitted uses and with the residential character of a 36 . . . neighborhood, and which are clearly secondary or incidental to the residential use of the main building. In general, a home occupa- tion is an accessory use so located and conducted that the average neighbor, under normal circumstances would not be aware of its existence. So long as all the development requirements of this section are met, home occupations are permitted accessory uses in the RR, Rl. R2, and R3 zones. B. Development Requirements. 1. Not more than two persons shall be employed in the home occupation. 2. No more than thirty (30%) percent of the gross floor area of all buildings on the lot shall be used for the home occupation. 3. The home occupation shall be carried on wholly within the principal building, or other buildings which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. c. Bed and Breakfast uses. Bed and breakfast type uses are allowed by administrative permi t in the RR, Rl, R2, and R3 districts, subject to the following: 1. The use follows the guidelines set forth as a home occupation; 2. The operation will be limited to an owner- occupied dwelling with that dwelling being the owner's principal place of residence. 3. No more than one (1) bedroom will be utilized; 4. for the required off-street parking space is to be provided and breakfast room in addi tion to those the residential dwelling; One bed for 5. chief; Use is contingent upon approval by the fire 6. No cooking or cooking facilities are permitted in the guest room; 7. The length of stay shall not exceed seven (7) consecutive days; and 8. No more than one meal per day can be served. 37 . . . Article 3. SUDDlementarv Reaulations 15.10.310 Contract Zonina. A. Intent. It is the intent of this section to provide a means of permitting a proposed land use which is compatible with adjacent uses but not with the zoning district classification. "Contract zoning" means a zoning reclassification to a less restricted use when the owner of the rezoned property, either through an agreement with the City Council or a covenant in favor of the City, places restrictions on the use of the land beyond the zoning requirements generally attaching to the new district in which the property has been placed. B. Minimum building lot. The smallest parcel that may be considered for contract rezoning is any lot that may be built upon in accordance with this chapter. C. Procedures. Contract zoning shall follow the amendment and public hearing procedures as set forth in this title. D. Application. An application for a contract zoning agreement shall be submitted to the administrative official. The application shall include the names and addresses of the applicant, a map showing the property involved, present zoning, detailed information on the proposed development and use of the land, site plan, floor plan and artist elevations, and applicable fee. Proposed covenants, guarantees or other forms of agreement to assure the development and use of the land as proposed shall also be submitted. E. Review criteria. 1. The Commission may reject, modify or accept the applicant's proposal submitted under this section, provided however that prior to recommending approval of a contract zoning the Commission shall find that: a. The proposed land use can be developed in a manner compatible with development in adjacent zoning districts; b. Existing public facilities, services and utilities can accommodate the proposed use without any detrimental effect on adj acent zoning districts; c. Rezoning to a district allowing the proposed use would not permit other uses which would not be compatible with the adjacent land use. 2. Upon acceptance by the applicant of the terms of the contract zoning agreement, as approved by the commission, it shall be submitted to the City Council. 38 . . . F. Agreement. 1. The use of the property beyond the terms of the contract zoning agreement shall immediately invalidate the agreement and the zoning shall revert back to the classification at the time the agreement is initiated. 2. A copy of the agreement shall be filed with the district recorder and shall control all future owners of the land to the same extent as the original applicant. 15.10.315 Nonconformina. Lots. structures and Uses. A. xntent. within the zoning districts established by this chapter or amendments that may later be adopted, there may exist lots, structures, and uses of land and structures, and characteristics of use which were lawful before the effective date of the applicable regulations, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit these nonconformi ties to continue until they are removed, but not to encourage their perpetuation, and to eliminate the nonconformities as rapidly as the law permits. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor used as grounds for adding other structures or uses prohibited elsewhere in the same district. B. status Designated. When a lot, structure, or use legally exists prior to the adoption of this ordinance or otherwise stated effective date, but does not meet the requirements of this chapter, it shall be permitted to continue within the limits set forth in this section. Under such circumstances it is said to have nonconforming status. There are three types of nonconforming status: 1. Lots. The lot, width, or acreage is smaller than the minimum permitted in the zone in which it is located. 2. structures. The structure is designed to accommodate a nonconforming use or fails to meet yard, coverage, height, or other development requirements established for the zone in which it is located. 3. Uses. The use to which land and/or structures is being put is not a principal, accessory, or condi tional use permitted in the zone in which it is located, and is not otherwise permitted in this chapter. 39 . . . c. Effective Date. existed prior to June 6, of this chapter, shall be or use. Any land, structure, or use that legally 1978, but does not meet the requirements considered a nonconforming lot, structure D. Nonconforming Uses. the following provisions: 1. A nonconforming use within a nonconforming structure shall not be extended to occupy any land outside that structure. Nonconforming uses are subject to 2 . When a nonconforming use is discontinued for one year, the use shall not thereafter be permitted except in conformance with the regulations of this chapter. 3. All nonconforming uses associated with a nonconforming structure which is destroyed, shall be deemed terminated. 4. A nonconforming use shall not be moved to any other portion of the lot or the parcel. E. Nonconforming Lots and Lot Groups. Nonconforming lots and lot groups are subject to the following provisions: 1. Provided all other provisions of this title are met, each lot and each lot group in common ownership of 4,500 square feet or greater of record on December 5, 1978, may be developed even though such lot or lot group in common ownership fails to meet minimum area or width requirements. 2. No lot or lot group in common ownership less than 4,500 square feet may be used except in conformity with all provisions of this title; provided, that in the RR district each lot and each lot group in common ownership of 6,000 square feet or greater of record as of December 5, 1978, may be developed in conformity with all other provisions of this title 3. Any lot or lot group than 6,000 square feet may conformity with all provisions in common ownership less not be used except in of this title. 4. Any use permitted under this chapter shall substitute the lot group in common ownership in place of the individual lots for zoning purposes, and the owner shall execute a covenant running with the lots which will provide that the lot group in common ownership will not be disposed of except as a single unit of land. Prior 40 . . . to initiation of use of the lot group provided under this section, the covenant must be executed and recorded with the Seward District recorder. F. Nonconforming structures. Nonconforming structures are subject to the following restrictions: 1. A nonconforming structure may not be enlarged or altered in a way which increases its nonconformity. 2. Should a nonconforming non residential structure or nonconforming portion thereof be damaged by any means to an extent of more than 50 percent of its replacement cost at time of destruction, as determined by the city manager or his designee, it shall not be reconstructed except in conformity with the provisions of this chapter. 3. Any nonconforming residential structure being used as a primary residence that is destroyed, may be rebuilt provided that all provisions of this chapter, excluding lot size and width, are met. 4. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done, in any period of 12 consecutive months on ordinary repairs, to an extent not exceeding 50 percent unless said repairs are in conformity with all other provisions of this chapter or are required by any official charged with protecting the public safety. G. Elimination - Public safety, Health and General Welfare. If it is determined that a nonconforming lot, structure or use, or combination thereof, significantly impairs the public health, safety, and general welfare or the rights of neighboring property owners pursuant to this chapter, the city council shall by ordinance establish a reasonable schedule for the termination of the nonconformity. 15.10.320 Conditional Use Permits. A. Intent. There are some uses which may be compatible with principal uses in some zones if certain conditions are met. The Commission shall permit this type of use if the conditions and requirements listed in this chapter are met. The allowed uses are listed in the Land Uses Allowed Table 15.10.225. Before a conditional use permit may be granted, the procedures specified in this chapter must be followed. B. Applications. Applications for a conditional use permit shall be filed in writing with the City Clerk. The application shall include but is not limited to the following: 1. Name and address of the applicant; 41 . . . 2. Verification by the owner of the property concerned if other than the applicant. 3. A legal description of the property involved. 4. A description of the proposed use; 5. Dimensioned plot plans showing the location of all existing and proposed buildings or alteration, and such data as may be required. 6. The appropriate fee as established by City Council resolution. c. Public Hearing. If the application is in order, a public hearing shall be scheduled in accordance with the requirements of 15.01.040 of this title. D. Review criteria. Prior to granting a use permit, it shall be established that the use satisfies the following conditions: 1. The use is consistent with the purpose of this chapter and the purposes of the zoning district; 2. The value of the adjoining property will not be significantly impaired; 3. The proposed use is in harmony with the Comprehensive Plan; 4. Public services and facilities are adequate to serve the proposed use; 5. A more suitable location for the use is not readily available; 6. Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions shall be met by the applicant. E. Expiration--Extensions. 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. The Commission may grant time extensions not to exceed 6 months upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. A public hearing shall not be required prior to granting an extension of time. 42 . . . 15.10.325 Variances. A. Intent. When the literal enforcement of this chapter would deprive a property owner of the reasonable use of his real property, a variance would allow for the relaxation of the development requirements of this chapter to provide relief. B. Application. Application for a variance shall be filed with the City Clerk. The application shall include, but is not limited to the following: 1. All of the information required for a conditional use permit; 2. A precise description of the variance requested, including the section, paragraph and sentence of this chapter from which the applicant wishes to deviate; 3. A written item-by-item response to all of the conditions specified in this section; and 4. The appropriate fee as established by City Council resolution. c. Public Hearing. If the application is in order, a public hearing shall be scheduled in accordance with the requirements of 15.01.040 of this title. D. Review Criteria. The Commission shall establish a finding that all of the following conditions have been found to exist as a prerequisite to issuance of a variance permit. 1. The proposed action must be consistent with all of the general conditions required for a conditional use permit. 2. Special conditions and circumstances exist which are peculiar to the land or structures involved and which are not applicable to other lands and structures in the same district. 3. The special conditions and circumstances have not been caused by actions of the applicant. 4. Financial hardship or inconvenience shall not be a reason for granting a variance. 5. Other nonconforming land use or structures within the district shall not be considered grounds for granting a variance. 43 . . . 6. A variance shall be the m1n1mum variance necessary to permit the reasonable use of the land or structure. 7. A variance shall not be granted which will permit a land use in a district in which that use is otherwise prohibited. F. Permit. An approved variance permit shall lapse six (6) months from the date of approval if the variance for which the permit was issued has not been implemented. The Commission may grant a time extension not to exceed six (6) months upon finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to the expiration of the permit. A public hearing shall not be required as a condition of granting the extension. Article 4. Appeals 15.10.410 Appeals - Generallv. A. Purpose. This article governs all appellate actions and determinations taken under the Seward Zoning Code. B. Appeals--standing. Any person or persons aggrieved by an action or determination taken under this chapter may appeal said action or determination. C. Time Limitation. An appeal of a decision of the administrative official or the Seward Planning and Zoning Commission must be filed within ten (10) days of the action or determination being appealed. An appeal of a decision of the Board of Adjustment must be filed within thirty (30) days of the action or determination being appealed. Computation of the time period for filing an appeal shall commence with the date on which the action or determination is mailed or delivered to the parties involved. Any decision not appealed within these time limits shall become final. D. Applications. The application for appeal shall be filed with the City Clerk, except that appeals to the Superior Court shall be filed with the appropriate court officer with a copy to the City Manager, shall be in writing, and shall contain, but is not limited to, the following information: 1. The name and address of the appellant; 2. A description of the action or determination from which the appeal is sought; 44 . . . 3. The reason for the appeal which must show a grievance to the applicant. E. Filing Fee. An application appealing actions and determinations of the administrative official or the Seward Planning and Zoning commission shall be accompanied by a filing fee as set by resolution of the Council. F. Jurisdiction. Appeals of actions and determinations of the administrative official are heard by the Seward Planning and Zoning commission. Appeals of actions and determinations of the Seward Planning and Zoning Commission are heard by the Board of Adjustment. Appeals of actions of Board of Adjustment are heard by the Superior court. 15.10415 Appeal notice and hearina. A. Upon receipt of a valid application appealing an action or determination of the administrative official or the Seward Planning and Zoning Commission, the city Clerk shall schedule an appeal hearing to be held within thirty (30) days. All parties to the action or determination being appealed shall be provided with written notice not less than fifteen (15) days prior to the appeal hearing. Notice of the appeal hearing shall also be published in the manner provided for publishing notice of public hearings in 15.01.040(A). B. An appeal hearing conducted by the Board of Adjustment shall be on the basis of the record established before the Commission and the record on appeal. The agency hearing an appeal may allow for oral presentations by the administration and the appellant. A time limit may be established for said presentations. C. The hearing, and any reconvenings thereof, shall be open to the publici however, the hearing agency may vote to recess to a closed, executive session, in order to deliberate and prepare its findings of facts and conclusions of lawi provided that final action shall be voted upon in open session. D. No new evidence shall be received or considered by the Board of Adjustment hearing an appeal. To receive and consider new evidence, the matter shall be remanded to the Commission for reconsideration. 15.10.420 Record of appeal. A. The record of appeal shall be prepared by the City Clerk and provided to the hearing agency not less than five (5) days prior to the hearing, and shall consist of the following: 1. A verbatim transcript of the prior proceedings from which the appeal has been taken, if those proceedings were taped or otherwise recorded, or if the proceedings were not recorded, copies of any approved minutes, summaries or other records of the proceedings. 45 . . . 2. Copies of all memoranda, exhibits, correspondence, recommendations, analyses, maps, drawings, and other documents or exhibits submitted prior to the decision from which the appeal is taken. 3. A copy of all determinations and decisions, conclusions. prior written actions, including findings and 4. A list of the names and addresses of all persons appearing as witnesses at prior hearings. 5. Any written statements filed pursuant to Section 15.10.425. B. The record of appeal shall be made available for public inspection in the clerk's office no less than five (5) days prior to the hearing date. 15.10.425 ADDellant. s written statement A. An appellant may file a written statement summarizing the facts and setting forth pertinent points and authorities in support of the points contained in the notice of appeal if such statement is filed not less than seven (7) days prior to the date set for the appeal hearing. B. The administration and any interested party wishing to file a written statement in rebuttal to the appeal may do so if such statement is filed not less than two (2) days prior to the appeal hearing date. 15.10.430 Findinqs and conclusions. A. Within sixty (60) days following the filing of an appeal, the body hearing the appeal shall issue its decision in the form of written findings of fact and conclusions of law. B. The findings of fact and conclusions of law shall reference specific evidence in the record and the controlling sections of this chapter. The body hearing the appeal may exercise its independent judgment on legal issues raised by the appeal. Legal issues are those matters that relate to the interpretation or construction of ordinances or other provisions of the law, or the application of case law to the facts as presented. The Board of Adjustment shall defer to the judgment of the Commission regarding disputed issues of fact. Findings of fact adopted expressly or by necessary implication by the Commission shall be considered as true if they are supported by substantial evidence in the record. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. 46 . . . C. Upon express vote, the body hearing the appeal may adopt as its statement of findings and conclusions those findings and conclusions officially adopted by the body below from which the appeal was taken. D. The findings of fact and conclusions of law shall be signed by the presiding officer and filed with the clerk, who shall promptly mail a copy to the appellant. section 3. The members of the Seward Advisory Planning and Zoning 'commission shall become members of the Seward Planning and Zoning commission with their same terms and positions. section 4. This ordinance shall take effect upon approval of an ordinance by the Kenai peninsula Borough Assembly delegating to the city of Seward, the authority to provide zoning regulations and to make land use plan amendments to the Seward Comprehensive Plan. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 6th day of November, 1989. THE CITY OF SEWARD, ALASKA ~~ W lAM C. NOLL, MAYOR AYES: NOES: ABSENT: ABSTAIN: Burgess, Dunham, Noll, sieminski, Simutis None Hilton, Meehan None ATTEST: APPROVED AS TO FORM: PERKINS COIE, Attorneys for the City of Seward, Alaska Q~~.~~ Patricia J. Jones Acting City Clerk ~ClY~( J~ Fred B. Arvidson City Attorney (City Seal) Introduced By: Simutis/Meehan Introduction Date: 10/09/89 Public Hearing Date: 10/23/89 and 11/06/89 Enactment Date: 11/06/89 47