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City of Seldovia Municipal Code

Title 18: Zoning

Chapter 18.68 Supplemental Regulations

• 18.68.010 Signs.
• 18.68.020 Mobile Home Parks.

18.68.010 Signs.
A. Signs serving residential uses shall not exceed six square feet in area and are located so as not to impede visibility or traffic.

B. Signs associated with other uses shall not exceed 20 square feet in area and shall be located so as not to impede visibility or traffic.

C. No signs of a flashing or animated variety are permitted.

18.68.020 Mobile Home Parks.
All mobile home parks shall meet the following conditions in order to obtain a conditional use permit:

1. The park shall contain a minimum of 1 acre (approximately 16 units).
2. Each mobile home space shall have a yard of 1000 square feet not including parking area assigned to the space. This yard area may be reduced by up to 500 square feet, provided an equivalent amount of common open area is provided for each unit.
3. A year-round buffer of natural vegetation or terrain features shall be provided along all boundaries which abut land zoned residential. The city planning commission may allow a screen of other materials if conditions preclude use of vegetation or terrain features.
4. A detailed site plan submitted with the application shall show specific layout of spaces, all buildings and structures, access points, vehicular and pedestrian circulation systems, parking areas, recreation areas, buffer system and other data as required by the city planning commission.
5. Safe access ftom a street with sufficient capacity to handle the traffic generated by the mobile home park shall be provided.
6. Separation of pedestrian and recreation areas from parking and traffic systems shall be maintained.
7. Access shall be adequate for fIre protection and snow removal.
8. An anchoring system for each mobile home space which is sufficient to prevent movement during the highest winds experienced to date in the area shall be provided and utilized.
   1. Adequate agreements for maintenance of common grounds and facilities such as recreation areas, and screening shall be established for mobile home parks containing spaces for sale.
9. Each mobile home shall be skirted to prevent wind from getting underneath the structure.

Chapter 18.72 Conditional Use Permits

• 18.72.010 Intent.
• 18.72.020 General Conditions.
• 18.72.030 Application for Conditional Use Permits.
• 18.72.040 Procedures.
• 18.72.050 Time Limitations.
• 18.72.060 Revocation and Amendment.

18.72.010 Intent.
It is the intent of this section to provide the flexibility necessary to pennit a use within a district under specified conditions which are in addition to regulations applying to uses permitted outright within the district. Only uses which have been listed as conditional uses for each district may be pennitted under this chapter.

18.72.020 General Conditions.
Prior to obtaining a conditional use permit, it shall be established that the use satisfies the following conditions:

1. The use as proposed is consistent with the purpose of this zoning code and the purpose 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 and with surrounding land uses;
4. Public services and facilities are adequate to serve the proposed use; and
5. Any and all specific measures deemed necessary by the city planning commission to fulfill the above mentioned conditions shall be met by the applicant. Measures relating to access, screening, site development, building construction, operation of the use and other similar aspects of the proposed use may be utilized by the commission to assure the specified conditions are met.

18.72.030 Application for Conditional Use Permits.
Application for a conditional use permit shall be filed with the city manager. The application shall include, but is not limited to, the following:

1. Name and address of the party seeking the permit;
2. A legal description of the land;
3. A description of the proposed use including a dimensional plot plan, and a description of the neighboring land use including any necessary maps and diagrams;
4. The fee established by commission resolution;
5. Any additional information which the administrative official or the city planning commission may require to determine if all conditions will be satisfied.

18.72.040 Procedures.
A. If the application is in order, the city manager shall schedule a public hearing of the proposal as specified in Chapter 18.96.

B. Approval of any conditional use permit shall require a concurring majority plus one vote of the city planning commission.

18.72.050 Time Limitations.
Failure to meet any time limits imposed by the conditional use permit granted by the city planning commission shall void the conditional use permit.

18.72.060 Revocation and Amendment
A. Upon a determination that any required conditions are not being met, the administrative official shall notify the violator via certified mail and order compliance within 90 days. If the violation is not corrected, the conditional use permit shall be deemed administratively revoked and the administrative official shall begin the procedures for abating a violation specified in Chapter 18.16.

B. The conditional use permit may be amended if it is determined that additions or modifications are required to satisfy the general conditions in section 18.72.020. Proposals to amend the conditional use permit shall be subject to the public hearing. notice and voting requirements of section 18.72.040.

Chapter 18.76 Variances

• 18.76.010 Intent.
• 18.76.020 Conditions Precedent to Granting a Variance.
• 18.76.030 Application for a Variance.
• 18.76.040 Procedures.

18.76.010 Intent.
A variance may be granted to provide relief when a literal enforcement of this zoning code would deprive a property owner of the reasonable use of his real property.

18.76.020 Conditions Precedent to Granting a Variance.

1. All of the following conditions shall be found before a variance may be granted:
   1. A literal interpretation of the provisions of this zoning code would deprive the applicant of rights commonly enjoyed by other properties in the same district
   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.
2. Financial hardship or inconvenience shall not be the reason for granting a variance.
3. Other nonconforming land use or structures within the district shall not be considered grounds for granting a variance.
4. A variance shall be the minimum variance necessary to permit the reasonable use of the land or structure.
5. A variance shall not be granted which will permit a land use in a district in which that use is otherwise prohibited.

18.76.030 Application for a Variance.
Application for a variance shall be filed with the city manager and the application shall include, but is not limited to, the following:

1. All of the infonnation required for a conditional use permit; and
2. A precise description of the variance requested, including the section, paragraph, and sentence of this zoning code from which the applicant wishes to deviate; and
3. A written item by item response to all of the conditions specified in Section 18.76.020.

18.76.040 Procedures.
Procedures shall be as follows:

1. If the application is in order, the city manager shall schedule and conduct a public hearing of the proposal as specified in Chapter 18.96.
2. Approval shall require the concurring majority vote plus 1 of the city planning commission.

Chapter 18.80 Contract Zoning

• 18.80.010 Intent.
• 18.80.020 Procedures.

18.80.010 Intent.
It is the intent of this section to provide a means of insuring that the type of land use proposed in a rezoning request is the one which occurs if the rezoning is granted. "Contract zoning" means a zoning reclassification to a less restricted use when the owner of the rezoned property, either through an agreement with the 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 distinct in which the property has been placed.

18.80.020 Procedures.
A. A petition for contract zoning shall be submitted to the city manager. The applicant's petition shall contain detailed information on the proposed development and use of the land. Proposed covenants, guarantees or other forms of agreement to assure the development and use of the land as proposed shall also be submitted. A time schedule for the development and use shall be included with the petition.

B. The city manager shall present the petition to the city planning commission. The city planning commission may consider the petition upon finding that:

1. The proposed land use is beneficial to the public interest and can be developed in a manner to be compatible with development in adjacent zoning districts.
2. Existing public facilities, services and utilities can accommodate the proposed use without any detrimental effect on adjacent zoning districts.
3. Rezoning accomplished under this section does not constitute "spot zoning."
4. Unrestricted rezoning to a district ordinarily permitting the proposed use would permit other uses which would not be compatible with the adjacent land use.

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