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HomeMy WebLinkAboutOrd1994-026 . . . Sponsored by: Planninl! Commission Introduction Date: June 13. 1994 Public Hearing Date: June 27. 1994 CITY OF SEWARD, ALASKA ORDINANCE NO. 94-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE t 15.10.140, DEFINITIONS (ZONING CODE) WHEREAS, business opportunities, building construction methods and housing types are always being created or changing; and WHEREAS, it is important that the intent and meaning of tenns used in city ordinances are understood by both the public and city staff; and WHEREAS, the development of detailed deftnitions will assist those interpreting and administering the city zoning code; NOW, TIlEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Seward City Code t 15.10.140 is hereby amended to read as follows: 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". B. 8vecific definitions. In this chapter, unless otherwise provided or the context otherwise requires: Accessory building. A detached structure that: 1. is clearly incidental to and customarily found in connection with a principal building or use; 2. is subordinate to and serves a principal building or use; 3. is subordinate in area, extent or purpose to the principal building or use served; 4. contributes to the comjon, convenience or necessity of occupants, business or industry in the principal building or use served; and . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 94-26 5. is located on the same lot as the principal building or use served. 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. Accessory or mother-in-law aDartment. An efficiency or studio type apartment attached to or located within, and accessory to, an existing detached single-jamily dwelling. Agriculture. Commercial farming, dairying, pasturage, horticul- ture, floriculture, viticulture, or animal and poultry husbandry including buildings used to shelter farm implements, hay, grain, poultry, livestock or other farm produce in which there is no human habitation and which is not used by the public. Airport. A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, various accommo- dations for passengers, and business lease sites. dlkJ.. A dedicated public way which affords a secondary means of access to abutting property and not intended for general traffic circulation. Alteration. Any change, addition or modification in the construc- tion, location or use of a building. Amusement and recreation facility. Establishment engaged primarily in providing entertainment for a fee including such activities as bowling alleys, billiards and pool, dance hall, pinball machines, video games or other similar player-operated amusement devices. ADartment. Any portion of a building which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of an individual for daily living and doing his own cooking independently of any other individual or family in the same building. (See Dwelling) ADartment. owner or manager. An apartment within a building that is designed to be used exclusively as the living quarters for the owner or manager family of that building or a commercial business located in the building. Antenna. A device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based structures. Includes satellite dish. Auto repair station. A place where a qualified automotive mechanic provides services such as general motor vehicle and engine repair, reconditioning or rebuilding, and collision service including body, frame and fender straightening and repair, painting and undercoating of motor vehicles. Auto service station. A place used primarily for the retail dispensing of motor fuels and/or installation of tires, batteries and other Page 2 . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 94-26 accessories and services which do not customarily or usually require the services of a qualified automotive mechanic. Also known as a gas station. Bed and Brealfast. An owner occupied and operated single family residential dwelling where lodging with a meal is provided for compensation on a shon-term basis. The term does not include boarding houses and separate apanments which are leased on a month-to-month or longer basis. Boardinc or rooming. An owner occupied building which has not more than five (5) rooms available for rent or lease on other than a day-to-day basis and not open to transient guests for residential occupancy and in which no cooking or dining facilities are provided in the individual rooms. Meals may be regularly prepared and served for compensation at a table, family-style, without service or ordering of individual ponions from a menu. The term includes lodging house or rooming house but does not include separate apanments with individual kitchen and bath facilities. Building. Any structure built for the suppon, shelter or enclosure of persons, animals, chattels or property of any kind. Building area. 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. Building. existing. A building erected prior to the adoption of this code or one for which a legal building permit has been issued. Building height. The venical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum, which must be between the building and the property line or in a dedicated public right of way that is accessible to fire suppression personnel and rescue equipment, shall be selected by either of the following, whichever yields the greater height of building: 1. The elevation of the highest adjoining sidewalk or ground suiface within a five-joot horizontal distance of the exterior wall of the building when such sidewalk or ground suiface is not more than ten feet above the lowest grade; or, 2. An elevation ten feet higher than the lowest grade when the sidewalk or ground suiface described in subsection 1. above is more than ten feet above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. Buildinf!. DrinciDal or main. A building in which is conducted the principal or main use of the lot on which the building is situated. Attached garages, porches, and carpons shall be considered to be pan of the principal building. Buildable or usable area. That ponion 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 Page 3 . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 94-26 obstacles to development within the property as counting toward minimum required lot size. Bunkhouse. A building used as living quarters for people such as cannery workers or construction laborers where shower and sanitary facilities are shared by several rooms and in which there are no individual cooking facilities. Business. ~eneral sales. A premises where the sale of goods or commodities to the consumer takes place; i.e., groceries; bakeries; hobby, knit, or yam shops; book, gift or apparel shops; fishing equipment, hardware or vehicle sales; restaurants; vehicle rentals or variety stores. Business. Dersonal service. The conduct of business where personal assistance is offered for compensation; i.e., dress11U1ldng, tailoring, barbers and beauty, etc. CamD~round. A plot of ground upon which two or more campsites are located, established or maintained for occupancy by tents or recreation vehicles as temporary living quarters for recreational or vacation purposes. CamD~round. employee. An area operated by an established business with high seasonal employment of transient workers as a housing alternative and not construed to be a construction camp. Child care. licensed center. In accordance with Alaskfl state statutes, a building where adult care, protection, and supervision is provided for children other than the owner's or operator's. Also called day care, nursery school, pre-school and kindergarten. Child care. licensed home. In accordance with Alaskfl state statutes, a private residence where adult care, protection, and supervision is provided for children other than the occupant's. Also called day care, nursery school, pre-school and kindergarten. Church. A building, structure or group of buildings or structures primarily intended for conducting organized religious services and associated accessory uses. The definition of a church shall be dependent upon U. S. Internal Revenue Service and the Kenai Peninsula Borough Assessor's Office interpreta- tion. A standard single family residence not remodeled for public meetings shall not be considered a church. Clinic. A building or portion thereof containing offices and facilities for providing out-patient medical, dental or psychiatric services, and which may include a dispensary to handle medication and other merchandise prescribed by physicians in connection with their medical practice. Club. Drivate. A building and relatedfacilities owned or operated by a corporation, association, or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members, but not primarily for profit, and whose members meet certain prescribed qualifications for membership and pay dues. Includes lodges. Cluster subdivision. A development design technique that pennits a reduction in lot area provided there is no increase in the number of lots Page 4 . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 94-26 permitted under a conventional subdivision or increase in overall density of development by concentrating buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive areas. Commercial use. An occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee. Condominium. A form of housing ownership by which a person may purchase and own one dwelling unit in a multi-unit building or development. Each owner owns a common interest in such things as the underlying land, common walls, stairwells, elevators, lobbies, laundry rooms and recreation rooms. Convalescent or nursinf home. A structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care. Convenience Store. A small-scale neighborhood grocery establish- ment offering for sale prepacko.ged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet. Dormitory. A building used as residential group living quartersfor a student body or religious order as an associated use to a school, orphanage, or other similar institutional use, and does not include kitchen facilities, except a group kitchen facility to serve all residents. Drinking establishment. Any premises wherein the principal purpose is the retail sale of alcoholic beverages for consumption on the premises and minors are excluded therefrom by law. Includes bar, cocktail lounge, tavern and nightclub. Drive-in facility. Any portion of a building or structure which by design permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles. Dwellinf. A building designed or used exclusively as living quarters for one or more families. Dwelling. multivle family. A building used or designed as a residence for or occupied by three 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. Dwellinf. owner or manafer avartment. An apartment within a building that is designed to be used exclusively as the living quarters for the owner or manager family of that building or a commercial business located in the building. Dwellinf. single family. attached. A building containing two or more dwelling units, each of which has primary groundfloor access to the outside and which are attached to each other by party walls without openings. Also commonly called townhouse, row house, and zero-lot. Page 5 . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 94-26 Dwelling. sin~le family. detached. A building designed and/or used exclusively for occupancy of one family and entirely surrounded by open space on the same lot. Dwellin~. two-family or dUDlex. A building containing two single- family dwelling units totally separated from each other by an unpierced wall extending from ground to roof or unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. Dwellin~ unit. A building or separate portion thereof containing kitchen, living, sleeping accommodations and at least one bathroom and designed to be occupied exclusively as a residence by one family. Farm animal. Any cow, horse, mule, goat, sheep, swine, rabbit, chicken or other similar animal commonly kept as livestock. Flea market. An occasional or periodic sales activity held within a building or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales. Floor area. useable. That area used for or intended to be used for the sale of merchandise or services or as leasable office space as measured from the interior surfaces of the walls enclosing that part of the building. Suchjloor area which is used or intended to be used for the storage or processing of merchandise, hallway or for utilities or sanitary facilities is excluded from this computation of useable jloor area. Fractions. In the determination of density, required parking spaces or other requirements of this code, computations resulting in afractional number of 0.50 or above shall be considered the next largest whole number. Gara~e. Drivate. An accessory building or portion of a main building designed or used solely for storage of motor vehicles, boats and similar vehicles owned by the occupants of the building to which it is accessory. Greenhouse. commercial. A light-permeating structure used for cultivating and growing plants in a controlled temperature and humidity environment where such plants are offered for sale either on the premises or at another location. GrOUD care home. A dwelling shared by no more than five disabled persons, plus resident stajJ, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling residents to live as independently as possible in order to reach their maximum potential. The term "group care home" shall not include alcoholism or drug treatment center, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarcera- tion. Guest house. An accessory building occupied on a temporary basis solely by non-paying guests. Page 6 . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 94-26 Guide service. Any premises used for collecting or returning persons from recreation trips when remuneration is provided for the service. Halfway house. A licensed home for inmates on release from more restrictive custodial corifinement, or initially placed in lieu of more restrictive custodial corifinement, wherein supervision, rehabilitation and counseling are provided to mainstream residents back into society, enabling them to live independently. Such placement is pursuant to the authority of the Alaska Depan- ment of Corrections. Health club. Includes, but is not limited to, gymnasiums (except public), private clubs (athletic, health or recreational), reducing salons and weight control establishments. Historic district. An area containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community of such significance as to warrant conservation and preservation. Home occupation. Any use customarily conducted entirely within a dwelling, or its accessory building, 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 persons are engaged in such occupation. Home vrofessional office. A home occupation consisting of the office of a practitioner of a recognized profession. Hostel. A building, or portion thereof, in which temporary or overnight lodging is provided for hikers, cyclists or other travelers not generally traveling by car. Hotel. A facility offering transient lodging accommodations to the general public on a daily rate where access to all sleeping rooms is through a main entrance and which may provide food, entenainment, meeting rooms, recreational facilities or various personal services. Includes lodges and inns. lJJlJJs.. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile homes, trailers, used appliances or furniture, scrap building materials, metals, rubber, paper, plastic or other scrap materials. Kennel. Any enclosure, shelter, area or establishment usedfor the purpose of breeding, buying, selling, keeping or boardingfour or more dogs over the age offour months, whether for profit, pleasure, or as pets, by any person, individual, corporation, group of people or business entity. 1. Commercial. The buying, selling, training, keeping or boarding of dogs for profit. 2. Do~ musher's. The breeding, buying, selling or keeping of dogs for the purpose of dog mushing. Page 7 . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 94-26 3. Fancier. The keeping of show, trick, hunting, working or pet dogs for hobby or pleasure. Livestock. Animals whose proper care and feeding require detached structures, including pens, fencing, sheds and troughs. Livestock does not include dogs and cats. Loadinf SDace. A space located on premises for pickup and delivery at the premises. Required off-street loading space shall not be included as an off-street parking space. LodCing. A structure or portion or a structure which is rented or offered for rent for a term of less than thirty days for a dwelling, lodging or sleeping purposes and includes bed and breakfast, hotels, inns, motels and other similar businesses. Lot. 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, or complete lots of record and portions of lots of record, or portions of lots of record; or, 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. The total horizontal area within the lot lines of a lot, exclusive of streets and alleys. Lot. comer. A lot situated at the intersection of two or more streets having an angle of intersection of not more than one hundred thirty-five degrees. Lot coverafe. The area of a site covered by building or roofed areas, including covered porches, decb and accessory buildings, but excluding allowed projecting eaves. Lot deDth. The horizontal distance between the front and rear lot lines measured on the longitudinal centerline. Lot grouD in common ownership. 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, pannership or corporation. Lot. interior. A lot other than a comer lot. Lot line. front. In the case ofan interior lot, a line separating the lot from the street. In the case of a comer lot, the owner may choose which Page 8 . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 94-26 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 met. Lot line. rear. A line opposite and most distant from the front lot line and, in the case of irregular or triangular shaped lots, a line not less than tenfeet in length within the lot, parallel to and at the maximum distance from the front lot line. Lot line. side. Lot boundary not afront lot line or a rear lot line. Lot line. zero. The mean horizontal line whereby two adjacent buildings from adjacent lots can be constructed with a common party wall providing a proper fire wall rating. All other aspects are the same as in conven- tional development. Lot width. The average horizontal distance separating side lot lines of a lot and at right angles to its depth. Lumberyard. An establishment that sells sawn timber and other building materials typically stored on the premises. Manufacturing. heavy. A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials; or a use engaged in storage of, or manufacturing processes using flammable or explosive materials; or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. Manufacturing. li~ht. A use engaged in the manufacture, predominantly from previously prepared material, of finished products or pans, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing. Marina. A facility for storing, servicing, fueling, berthing and securing and launching of boats that may include the sale of fuel and incidental supplies for the boat owners and guests. Also includes harbor. Mobile Home. A factory-built home designed to be used as a year- round residential dwelling and originally designed and mounted on wheels and/or axle supports for transportation by another vehicle. Mobile Home Park. A parcel or adjacent parcels of land in the same ownership upon which two or more mobile homes are located or for which space is leased or held out for lease or use on a month-to-month or longer basis. This does not include sale lots on which unoccupied mobile homes are parked for inspection and sales and shall not be construed to mean tourist facilities for parking of travel trailers, motor homes or campers. Modular home. A factory-built residential structure that is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation, but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles Page 9 . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 94-26 permanently attached to its body or frame. Includes factory built and manufac- tured home. Motel. A building or group of detached or connected buildings offering sleeping accommodations to the general public on a daily rate and designed primarily for the motoring public with parking conveniently located on the premises. Includes designations such as motor lodges, auto courts or tourist courts. Non-conforming building. Any building or portion thereof lmvfully existing at the effective date of the ordinance affecting it and which does not conform to all of the use, height and density regulations of the zone in which it is located. Non-conforming use. A use which lmvfully occupied a building or land at the effective date of the ordinance affecting it that does not conform to the use provisions of the zoning district in which it is located. Noxious use. A use which is injurious or hamiful to health, highly disagreeable or offensive. Office. A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations, i. e., travel, insurance or employment agencies; utility, public service or government agencies. Owner. Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land, including the attorney or agent thereof. Park. Any public land available for recreational, educational, cultural or aesthetic use. Parking area. 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 compensa- tion, for use by the public, clients, tenants, customers, employees or owners of the property for which the parking area is required by ordinance. Parking requirements as stated in terms Q.f emvloyees. The maximum number of employees who will be at the site at one time on either a single shift or an overkzp of shifts. Parking svace. Q.fJ-street. Except for a commercial garage facility, a designated unenclosed area sufficient in size to accommodate one motor vehicle, exclusive of maneuvering room, designed with adequate independent access to, but located off any street, alley or other right of way. Peddler. A person who, with no fixed pkzce of business, goes from house to house, place to place, or from store to store transporting goods, wares or merchandise for sale or offering or exposing the same for sale or making sales and delivering articles to purchasers. (See transient merchant and vending, street) Page 10 . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 94-26 Planned unit development. A land development under unified control that is planned and constructed in its entirety as a single development operation or in a series of programmed stages. The development may include streets, circulation ways, utilities, residences, commercial buildings, open spaces and other site features and improvements some of which may not otherwise be individually permitted. PrQfession. An occupation or calling requiring the practice of a learned art through specialized knowledge, training, experience or a degree issued by an institute of higher learning, e.g., doctor of medicine, lawyer, engineer or real estate broker. PrQfessional Qfjice. The office of a member of a recognized profession maintained for the conduct of that profession. Recreational. indoor commercial. A facility accommodating such indoor recreation activities as skating rinks, bowling lanes or shooting/archery ranges. Recreational. outdoor Dublic. Outdoor recreation facilities such as sports fields, ice rinks, playing fields or miniature golf. Recreational Vehicle. A vehicle used or intended to be used as transient living or sleeping quarters for humans and which may be driven, towed or propelled from one location to another without change in structure or design, whether or not the same is supported by wheels or identified by a model, serial or vehicle registration number. Includes travel trailers, camping trailers, tent campers, trailer coaches, motor homes, truck campers and similar vehicles. Recreational Vehicle fRV) Park. Any parcel of land upon which two or more recreational vehicle sites are located, established, or maintained for commercial occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes. Includes trailer park and camper park. Recyclin~ collection point. An incidental use serving as a neighborhood drop-offpointfor temporary storage of recoverable resources. No processing of such items would be allowed. This facility would generally be located in a shopping center parking lot or in other public/quasi-public areas such as churches and schools, as opposed to being allowed on residential or vacant lots. Recyclin~ center. A building in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products. ReDair service. lwuselwld/a,ppliance. A business establishment where repairs are made to appliances and furniture. Resource extraction. Commercial or industrial operations involving the removal of nonrenewable natural resources such as ore, topsoil, sand, gravel, rock, gas, oil or any operations having similar characteristics. Said use includes the use of heavy equipment such as loaders, dozers, backhoes and crushers. Page 11 . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 94-26 Restaurant. An establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state and whose principal method of operation includes one or both of the following characteris- tics: 1. customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which the food and beverages are consumed; and/or 2. a cafeteria-type operation where food and beverages generally are consumed within the restaurant building. Restaurant. fast-food. An establishment whose principal business is the sale of quickly prepared ready to eat food and/or beverages for consump- tion within the restaurant building, within a motor vehicle parked on the premises, or off the premises as carry-out orders, and whose principal method of operation includes the following characteristics: orders are generally taken at a main counter or drive-up window, andfood and/or beverages are usually served in disposable wrapping or containers. This includes drive-in and carry-out restaurants. Salva~e yard (auto wreckin~. scraD. iunJd. Any area usedfor the storage, keeping or abandonment of junk or waste material, including scrap metal or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, machinery, other vehicles or pans thereof. School. Any public, religious or non-profit facility providing a general curriculum of academic or vocational instruction serving any or all grades between kinderganen and twelfth grade. School. commercial. A facility providing commercial instruction in such activities as music, dance, ans, crafts and sailing. School. adult vocational. Afacility providing a general curriculum of adult academic or vocational instruction. Setback. 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 three feet. Shoppinf! center. A single complex which provides a combination of retail establishments designed in such a manner as to provide convenience for shoppers with common parking facilities. Includes mall. Solid waste facility. A disposal site employing an engineering method for disposing of solid wastes in a manner that minimizes environmental hazards. Includes landfill, compactor, transfer, etc. Storaf!e. container. An accessory storage use consisting of containers such as semi-tractor vans, shipping containers, and conex containers originally designed to transpon goods and materials via highway, rail, air or sea, Page 12 . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 94-26 which are parked or placed on a parcel of land and used for covered storage provided that all wheel assemblies have been removed; the unit is placed on non-rot susceptible blocking or foundation; the unit is roofed, skined or sided to match the primary building on the property; and the unit is located outside any setbacks. Railroad box cars are excluded except in the Industrial Zone. There are no "grandfathered" uses. (See accessory use/building, building, and structure. Stora~e. outdoor. The commercial keeping, in an unroofed area and usually enclosed by afence, of any goods, junk, material, merchandise, or vehicles in the same place for an extended period of time. In the harbor commercial area, the use is limited to the storage of boats only. Storage. self service. A building or group of buildings consisting of individual, small, self-contained units that are leased or owned for storage of business and household goods or contractors supplies. Includes mini warehouses. Storage. Warehouse and distribution. A building used primarily for the storage and distribution of goods, products, materials, supplies, and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions. Street. A dedicated public way which affords the principal means of access to abutting property, such as an avenue, place, drive, boulevard, highway or other similar public thoroughfare, except an alley defined herein. Structure. 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 three feet in height, and similar improvements of a minor character are excluded. Transient merchant. Any person, pannership,firm or corporation, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods and/or services, wares and merchandise within the city and not located within a permanent building. As used in this definition, "temporary" means for a period less than 120 days. Includes itinerants, vendors and farm stands. See peddler. Utility. oublic facility. An installation owned by an agency under public franchise or ownership, or under certificate of convenience and necessity, providing the public with electricity, gas, heat, steam, communication, water, sewage collection or other similar service. Vending. mobile unit. Any type of vehicle or wagon which is designed to be readily movable andfrom which any food or beverage is prepared for immediate consumption and sold or offered for sale to the public at any location, whether on private or public property. Vending. street. The sale offood or merchandise from a can, stall or vehicle located in any public right-of-way. Veterinary hosoital. A facility, which may include animal "runs", in which veterinary services are rendered to animals and domestic pets and which Page 13 . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 94-26 may include clipping, bathing, boarding and other services. Includes veterinary clinic. Watchman or caretaker dwellinf. An accessory dwelling associated with a commercial or industrial building or structure for the purpose of housing a watchman or caretaker and immediate family. Water-devendent. A use or activity which can be carried out only on, in, or adjacent to water areas because the use requires access to the water body for water-borne transponation, recreation, energy, production, or source of water. Water-related. Uses which are not directly dependent upon access to a water body, but which provide goods or services that are directly associated with water-dependent land or waterway use and which, if not located adjacent to water, would result in a public loss of the quality of goods or services offered. Yard. 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. The area extending across the full width of a lot, measured between thefront 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. 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. 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 pan of the main building. Zero-lot line. The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. Section 2. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 27th day of June, 1994. THE CITY OF SEWARD, ALASKA ~00~ Dave W. Crane Mayor Page 14 . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 94-26 AYES: NOES: ABSENT: ABSTAIN: Anderson, Bencardino, Crane, Darling, Krasnansky, O'Brien & Sieminski None None None ATTEST: APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska ~;(~ City Attorney (City Seal) Page 15