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.

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.

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.

Stimulate systematic development of transportation systems, public utilities, schools, parks and other public facilities.

(Ord. 626, § 3, 1989)

The City Manager or their 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 their 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.

(Ord. 626, § 3, 1989; Ord. No. 2026-001, 1, 1-26-2026)

The Seward planning and zoning commission (hereinafter referred to as "commission") as established in section 2.30.210 is the body created to assist in the interpretation of this title.

(Ord. 626, § 3, 1989)

The City Council is declared to be the board of adjustment, which shall hear and decide appeals consistent with this title.

(Ord. 626, § 3, 1989)

A.

Management. Official land use and zoning maps of the City shall be maintained by the City and made available for public review. Each map is adopted by reference and declared to be part of this title in the exact form as it existed in April 1988, with all subsequent amendments adopted by the City Council. These official maps 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.

Adoption. Official maps shall bear the adoption date and shall be signed by the City Clerk. Amendments and the date thereof shall be 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.

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 centerlines 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 centerlines of streams, rivers, lakes or other bodies of water shall be construed to follow such centerlines;

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; and

7.

Boundaries indicated as intersecting the shoreline of Resurrection Bay are considered to continue in a cardinal direction to the center of the bay or an intersecting line, making the tidal and bay map designation the same as the adjoining upland designation.

(Ord. 626, § 3, 1989; Ord. 649, § 1, 1991; Ord. 95-17; Ord. 96-01; Ord. 99-14, § 3, 1999)

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;

c.

By petition of a majority of the property owners in the area to be amended;

d.

By petition bearing the signatures of 50 registered voters within the City; or

e.

By petition as provided by the home rule charter of the City.

2.

A proposed amendment which is substantially the same as any other proposed amendment submitted within the previous nine 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 one acre, not including street or alley rights-of-way.

4.

The amendment request shall include the name 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 section 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 City Council, along with all certified minutes and public records relating to the proposed amendment.

4.

The City Council, in accordance with the provisions of the City code, may or may not adopt the amendment as a City ordinance.

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.

(Ord. 626, § 3, 1989)

A.

Public hearings as required by this title shall comply with the notice requirements as contained herein.

1.

Procedures.

a.

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 two calendar weeks prior to the public hearing date.

b.

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.

c.

Decorum of the body holding the hearing shall prevail.

2.

Neighboring property owners notification. A copy of the public hearing notice shall be mailed to the applicant and to real property owners of record on the Kenai Peninsula Borough assessor records within a 300-foot periphery of the parcel affected by the proposed action. This notice shall be mailed not less than ten days prior to the date of the hearing. When a public hearing is to be held regarding 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 mailed to affected property owners and displayed in at least three public places.

3.

Public posting. The applicant shall post the property subject to the application with public notices as provided by the City at least ten days before the date of the required public hearing. Such notices shall be placed so as to be visible from each improved street adjacent to the property. The applicant is responsible for removing the posted notices within five days after the hearing is completed. Failure to properly post notices is grounds for deferral or denial of the application. No one except the applicant, an agent of the applicant, or the City shall remove or tamper with any such required posted notice during the period it is required to be maintained under this paragraph.

4.

Proof of posting. Before the public hearing, the applicant shall submit to the City an affidavit signed by the person who posted the notice or caused the posting to be done that the notice was posted as required by this section.

(Ord. 626, § 3, 1989; Ord. 97-01)

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.

(Ord. 626, § 3, 1989)

A.

Procedures for abating violations.

1.

When a violation is discovered, the administrative official shall notify in writing, via mail or personal delivery with proof of receipt or by notice posted at the site of the violation, the person responsible for or the owner of the property upon which said violation occurs. The notice shall specify the violation and order abatement within a reasonable period of time, to be no longer than 90 days. Interpretation and abatement action of all purported violations known to the administrative official 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.

(Ord. 626, § 3, 1989; Ord. 99-16, § 1, 1999)

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.

(Ord. 626, § 3, 1989)