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City of Seldovia Municipal Code

Title 18: Zoning

Chapter 18.16 Administration and Enforcement

18.16.010 Administrative official.
A. The city manager shall be the administrative official relating to all actions taken by the city plamring commission and the city council sitting as the board of adjustment.

B. This chapter shall govern all enforcement of the Seldovia Zoning Code.

18.16.020 Duties of the city manager.
The city manager or appointed staff shall be responsible for:

  1. Interpreting and enforcing this zoning code; and
  2. Maintaining records of all activity related to this zoning code; and
  3. Processing appeals and applications made under this zoning code.

18.16.030 Procedures for abating violations.
A. When a violation is discovered, the city manager or appointed staff shall notify in writing via certified mail or by notice posted at the site of the violation the person responsible for the violation. The notice shall specify the violation and order abatement within a reasonable period of time, to be no longer than 90 days. All purported violations known to the city manager, including interpretation and abatement action, shall be presented to the Seldovia Planning Commission at its next regular meeting.

B. lf the violation is not corrected within the stated period, the city manager is authorized to retain an attorney to represent the city by initiating action to abate the violation, including the filing of criminal charges as necessary.

18.16.040 Violation and Penalties.
A. Every act prohibited by this zoning code or any rule or regulation adopted in pursuance thereof is declared unlawful and every violation of this zoning code constitutes a misdemeanor. Every person convicted of a violation of any provision or any rule or regulation adopted or issued in pursuance thereof shall be punished under the general penalty provision of the Seldovia City Code. Each act of violation and every day upon which such violation continues after the expiration of any grace period specified in the notice of violation constitutes a new and separate offense.

B. The penalties provided by this section shall, unless other penalty is expressly provided, apply to every portion of Seldovia Zoning Code, Chapters 18.04 through 18.96 inclusive, and to all amendments to that zoning code.

Chapter 18.20 Definitions

18.20.010 Definitions and Construction of Terms Generally.
A When used in this zoning code, the following words used herein shall be interpreted or defied as set forth in this chapter.

B. When not inconsistent with the context, words used in the present tense shall include the future; the singular number includes the plural; and the word "person" includes a firm, partnership or corporation as well as an individual; the word "lot" includes the words "plot," "piece," "parcel"; the term "shall" is always mandatory; and the words "used" or "occupied" shall be construed to include the words "intended," "arranged," or "designed" to be used or occupied.

18.20.020 Accessory Use or Structure.
" Accessory use or structure" means a use or structure on the same lot with and of a nature customarily incidental and subordinate to the principal use or structure.

18.20.030 Building.
"Building" means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind, containing walls on at least three sides.

18.20.040 Building Height.
"Building height" means the vertical distance from the average lot finished grade 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 pitch or hip roof.

18.20.050 Building Setback.
"Building setback" means the distance from a lot line or right-of-way centerline, whichever is specified, that a principal and accessory structure must be located.

18.20.060 Dwelling
"Dwelling" means a structure containing one or more dwelling units and designed to be affixed to a permanent foundation. This term includes prefabricated structures which are not constructed on a chassis that is an integral part of the structure.

18.20.070 Dwelling Unit.
"Dwelling unit" means one or more rooms in addition to a bathroom, which include kitchen facilities and are arranged, designed or used for living quarters by a family.

18.20.080 Family.
"Family" means one or more persons occupying a dwelling unit.

18.20.090 Home Occupation.
"Home occupation" means any use entirely within a dwelling or accessory structure and carried on by the occupants of the dwelling, which is clearly incidental to the use of the dwelling and lot for residential purposes and does not change the character thereof. It shall not cause any noise, odors, effluent. smoke, dust, vibrations, electrical interference, bright or flashing light, or other objectionable conditions which would interfere with the quiet enjoyment of a residential neighborhood. A home occupation shall not include automobile or machinery repair, welding, sheet metal, or other similar work, and shall not require regular or frequent deliveries of goods or materials of such bulk or quantity, nor the parking of customer or client vehicles in numbers or frequency over and above the normal traffic associated with the dwelling as a residence. It allows for one exterior sign not exceeding 6 (six) square feet and display or stock in trade is limited to local articles and produce.

18.20.100 Loading Space.
"Loading space" means an off-street space on the same lot with a building or contiguous to a group of buildings, designated or intended for the temporary parking of commercial vehicles while loading and unloading, and which abuts upon a street, alley or other appropriate means of access.

18.20.110 Lot.
"Lot" means a legally described land parcel or combination thereof which meets the minimum size and design requirements of this zoning code for the type and number of principal and accessory uses and structures proposed.

18.20.120 Lot Area.
"Lot area" means the total horizontal net area within the lot lines exclusive of streets, highways, roads and other rights-of-way.

18.20.130 Lot Coverage.
"Lot coverage" means the amount of land covered by principal and accessory structures exclusive of open porches and patios as well as parking area.

18.20.140 Mobile Home.
"Mobile home" means a factory assembled structure or combination thereof which contains the necessary service connections to support one or more dwelling units, is made so as to be readily movable as a unit or units on individual chassis and running gear, and which is designed to be used without a permanent foundation.

18.20.150 Mobile Home Park.
"Mobile home park" means a parcel of land which has been designated and improved so that it contains three or more mobile home spaces available for rent or purchase.

18.20.160 Nonconforming Lot, Use and Structure.
"Nonconforming lot, use and structure" shall be any lot, use or structure which does not conform to the requirements for the zoning district in which it is located.

18.20.170 Open Space.
"Open space" means the ground area and the space above which is unimpeded from the ground to the sky by any structure except as provided in this zoning code. Open space does not include area used for parking or outside storage.

18.20.180 Parking Area.
"Parking area" means an off-street area containing one or more parking spaces with aisles and driveways necessary for maneuvering without use of public rights-of -way. In general, there shall be an average of at least 350 square feet of parking area per parking space to insure adequate maneuvering area.

18.20.190 Parking Space.
"Parking Space" means an area, enclosed or unenclosed, sufficient in size to store a motor vehicle. At a minimum, each space shall contain 200 square feet measuring 10 feet by 20 feet and shall not be located within the first 6 feet of the building setback from an adjacent right-of-way.

18.20.200 Planned Unit Develonment.
"Planned unit development" means a group or combination of certain specified residential, commercial or industrial uses developed as a functional and integral unit in a district where some or all the uses might not otherwise be permitted.

18.20.210 Princinal Use or Structure.
"Principal use or structure" means the uses or structures for which the district is primarily designed.

Service Station.
"Service station" means any building, structure, premises or other space used primarily for the retail sale and dispensing of motor fuels, tires, batteries and other small accessories.

18.20.230 Sign.
"Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names or trademarks, by which anything is made known; such as are used to designate an individual, a firm, an association, a corporation. a profession, a business, or a commodity or product, which are visible from any public street or highway and used to attract attention.

18.20.240 Structure.
"Structure" means anything constructed or erected on the ground or which is attached to something located on the ground including but not limited to buildings, radio and TV towers, sheds and permanent signs, and excluding fences.

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