Loading...
HomeMy WebLinkAboutRes1995-003 (~ ~ ~ w'- J--o v"- ;L-\ \ 'S \ '"\ 5' Sponsored by Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION NO. 95-03 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, RECOMMENDING AMENDMENTS TO SCC CHAPTER 15.10 REGARDING LODGING ESTABLISHMENTS WHEREAS, the Seward Planning and Zoning Commission passed Resolution 94-024, recommending that the City Council approve proposed amendments to SCC Chapter 15.10 Seward Zoning Code regarding lodging establishments; and WHEREAS, the administration has noted discrepancies in the language of the proposed ordinance as approved by the Planning and Zoning Commission; and WHEREAS, it is necessary to clarify the language of the proposed ordinance prior to recommending it to the Seward City Council. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. Resolution 94-024, recommending amendments to the SCC Chapter 15.10 Seward Zoning Code is hereby rescinded. Section 2. The attached proposed ordinance, incorporated herein by reference, is recommended to the Seward City Council for adoption. Section 3. It is recommended that the bed and breakfast permit application include authorization from the property owner to allow a tenant to operate a bed and break- fast/lodging business at his principal place of residence. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4th day of January, 1995. THE CITY OF SEWARD, ALASKA a~ Blaine Bardarson, Chairman Sponsored by: PlanoiD!! & ZooiD!! Commission Introduction Date: January 23. 1995 Public Hearing Date: ! CITY OF SEWARD, ALASKA ORDINANCE NO. 95-* AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE CHAPTER 15.10 SEWARD ZONING CODE REGARDING WDGING WHEREAS, the community's burgeoning visitor industry is spawning an increasing number of bed and breakfast businesses as well as overnight rentals of rooms, apartments and houses; and WHEREAS, the current zoning code limits the operation of a bed and breakfast business to an "owner-occupant," and requires a life safety inspection permit, while other lodging uses have been generally ignored; and WHEREAS, the Seward 2010 Comprehensive Plan Update stresses that the City's primary concerns, relative to any modifications to the zoning ordinance which would encourage a greater number of bed and breakfast accommodations, are to ensure that facilities are operated in conformance with local life safety codes and that the facilities do not adversely impact adjacent uses -- particularly single-family residential; and WHEREAS, there is a need to revise the zoning code to address these changes and the Comprehensive Plan; and WHEREAS, it is expressly intended by this ordinance, that the occupant of a residence within residential districts operate a Bed and Breakfast enterprise for his own benefit; not the benefit of the owner of the residence, if different from the operator. WHEREAS, the Planning and Zoning Commission has approved P & Z Resolution No. 95-03, recommending the code amendments included in this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. The following sections of Title 15 of the Seward City Code are hereby amended to read as follows: see 15.10.140 B. SDecific definitions Bed and Breakfast. A business conducted within a residential unit or portion thereof, where overnight bedroom accommodations with no more than one daily meal is offered on a daily or weekly basis. . Lodging. A structure or portion thereof used to provide overnight sleeping accommodations such as a bed, room, apartment, or house, usually for less than CITY OF SEWARD, ALASKA ORDINANCE NO. 95-* 30 consecutive days, usually for the traveling public. The definition does not include similar accommodations used for longer term residence or hotel/motels. 15.10.225 Land Uses Allowed B. Lodging and Bed and Breakfast as defined in ~ 15.10.140 B. of this chapter which are allowed in accordance with Table ~ 15.10.225 of this chapter are subject to the following conditions. 1. Regardless of the date either such use began, an annual administrative permit is required which includes a life safety inspection for adequate smoke detection systems, current Uniform Building Code door/window egress, the presence of operable/inspected fire extinguisher, a posted evacuation plan, and visible signs showing exit locations. 2. Parking will be provided in accordance with ~15.10.215 of this chapter. 3. No cooking or cooking facilities are permitted in individual guest bedrooms; 4. When located within residential districts length of stay is limited to no more than thirty (30) consecutive days. 5. Within residential districts, the rental of bedrooms for overnight lodging/B&B purposes is allowed within a owner-operator's principal place of residence as a home occupation, and is limited to 50% of the bedrooms to a maximum of five. 6. Within commercial districts, and regardless of building or business ownership, the rental of bedrooms for overnight lodging/B&B purposes is limited to a maximum of five bedrooms. 7. Regardless ofa business name, the use of more, thanfive bedrooms is considered a motel or hotel for building and other code interpretation purposes. 8. Renting individual bedrooms for lodging purposes is not extended to apartment unit tenants. Table 15.10.225 Land Uses Allowed Hotel, motel, inn, lodge AC,CB and RM by Outright use; and HC by Conditional use permit Lodging, bed and breakfast & rooms w/o meal RR,R1,R2,R3,UR,RM - Home occupation Lodging, with administrative permit; and OR,AC,CB by Outright use with administra- tive permit -2- CITY OF SEWARD, ALASKA ORDINANCE NO. 95-* Lodging, apartments, kitchenettes, house: R3,UR,OR,AC,CB and RM Outright use wi administrative permit Lodging, hostel R3,OR,AC,CB - Outright use wlAdministr- ative Permit, and UR by Conditional Use and administrative permit Residence, rooming or boarding house: R3, UR,OR,AC, and RM - Outright wlAd- ministrative Permit Section 2. SCC ~ 15.10.140 B. and Table 15.10.225 Land Uses Allowed are hereby amended by changing the designations "housing" and "dwelling" to "residence". Section 3. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this * day of *, 1995. THE CITY OF SEWARD, ALASKA Dave W. Crane Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska Linda S. Murphy, CMC/AAE City Clerk City Attorney (City Seal) -3- Seward Planning and Zoning Commission Resolution No. 95-03 AYES: NOES: ABSENT: ABSTAIN: Bardarson, Carpenter, Castellina, Kowalski, Skibeness Corrigan Nelson None ATTEST: P vdt-~L='-.9'-' ~\, ~ tN''S-- Linda S. Murphy, CMC/AAE City Clerk (City Seal)