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Home My WebLink About2015-12-17 Council Packet - Work SessionAGENDA KENAI CITY COUNCIL WORK SESSION DECEMBER 17, 2015 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.ci.kenai.ak.us A. Call to Order (Mayor Porter) B. Introduction (Mayor Porter) C. Public Comment (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. Presentation on revisions to Ordinance to regulation Commercial Marijuana Establishments (City Attorney, Scott Bloom & City Planner, Matt Kelley) 1. KMC 14.20.330 – Standards for Commercial Marijuana Establishments. Council discussed various options for methodology of establishing buffer distances between Commercial Marijuana Establishments (CME’s) a. In Proposed Code - Buffers are measured from property line to property line. b. State Regulation – Buffers distances are measured from shortest pedestrian route from the public entrance of the building in which the licensed premises would be located to the outer boundaries of the school, recreation or youth center, or the main public entrance of the building in which religious services are regularly conducted, or the correctional facility. c. Option – Buffer distance is measured from CME building exterior to property line, when stand-alone building. Buffer distance is measured from CME walls to property line, when in multi-business building. 2. Buffer Distance from Schools. a. In Proposed Code KMC 14.20.330(g)(1) - A 500 foot buffer distance from schools is established, property line to property line. b. State Regulation – 500 feet to outer boundaries of school. c. Option #1 – Buffer distance is increased to 1000 feet, property line to property line. d. Option #2 – Buffer Remains 500 feet and is measured from CME to School property line. 3. Consider if Commercial Marijuana Establishments should be only allowed in a standalone building or if they should be allowed in a multi-use building. a. In Proposed Code: Not addressed. b. State Regulation: Not addressed. c. Option #1 – All CME’s are required to be in standalone buildings. d. Option #2 – Retail Marijuana Store which allows on-site consumption is required to be in a standalone building. Retail Store which does not allow on- site consumption and all other CME’s are allowed to be in a multi-use building. e. Option #3 – Retail Stores which allow on-site consumption are allowed to be in multi-use buildings. All other CME’s are allowed in multi-use buildings. f. Option #4 All CME’s are allowed to be in multi-use buildings.. 4. Consider and review proposed KMC 14.20.330(g)(2) as to whether or not amend the list of buffer facilities recommended by the Planning & Zoning Commission. The following buffer facilities were added by the Planning & Zoning Commission in addition to the State Regulations: Playground, Parks, Licensed Day Care Centers, Public Swimming Pools, State Licensed Substance Abuse Treatment Provider or Facility Providing Substance Abuse Treatment, Hospitals and Housing Facilities Owned by a Public Housing Authority with Children as Residents. The following buffer facilities are required by State Regulations: School, Recreation or Youth Center, Church, Correctional Facility. a. Option #1 – Amend buffer facilities to match State Regulations. b. Option #2 – Do not amend buffer facilities. c. Option #3 – Amend some of the buffer facilities and leave State required buffer facilities. 5. Remove definition of Marijuana Accessories from KMC 14.20.320 – Definitions and KMC 14.20.330 – Standards for Commercial Marijuana Establishments. a. Option #1 – Remove Definition. b. Option #2 – Do not remove Definition. December 17, 2015 Work Session Page 2 of 3 6. Review the proposed Zoning Districts as recommended by the Planning & Zoning Commission (KMC 14.22.010 – Land Use Table) and consider whether they should be amended to include additional Zoning Districts. a. Option #1 – Consider amending the Land Use Table to add additional Zoning Districts which would permit CME’s by a Conditional Use Permit. b. Option #2 – Do not consider amending the Land Use Table to add additional Zoning Districts which would allow CME’s by a Conditional Use Permit. E. Council Discussion F. Adjournment All meetings are open to the public and participation is encouraged. Agendas and supporting documents are posted on the City’s website at www.ci.kenai.ak.us. For additional information, please contact the City Clerk’s Office at 907-283-8231. 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t 12, scuss oning oning g the ation Page 5 of 30 New Text Underlined; [DELETED TEXT BRACKETED] WHEREAS, some uses are especially susceptible to the potential negative impacts of marijuana-related activities and land-uses, requiring buffering in addition to the standard Zoning Regulations; and, WHEREAS, Kenai Municipal Code does not define “Retail Marijuana Store”, “Marijuana Cultivation Facility”, “Marijuana Product Manufacturing Facility” or “Marijuana Testing Facility” and these facility types should be defined for consistency with Alaska State Law and to establish regulations for their use within the City of Kenai; and, WHEREAS, Kenai Municipal Code does not define “Commercial Marijuana Establishment” which should be defined for consistency with Alaska State Law; and, WHEREAS, additional definitions related to Marijuana should be added to Kenai Municipal Code 14.20.320 to further regulate the cultivation, growing, preparation, packaging, storing, selling, and public consumption of Commercial Marijuana and Marijuana Products; and, WHEREAS, Kenai Municipal Code Chapter 14.20.330 should be enacted to establish standards for the construction, operation and development of Commercial Marijuana Establishments to ensure safe and consistent operations within the City of Kenai; and, WHEREAS, Commercial Marijuana Establishments should only be allowed by Conditional Use subject to the provisions of Kenai Municipal Code Section 14.20.150 to allow the Planning & Zoning Commission to evaluate each establishment to ensure consistency with Commercial Marijuana Regulations and the goals of the Kenai Zoning Code; and, WHEREAS, the growing, cultivation, preparation, packaging, manufacturing, processing or storing of all Marijuana, Marijuana Concentrate or Marijuana Products should only be conducted within a fully enclosed secure indoor facility or greenhouse with view obscuring rigid walls, a roof, doors, to promote health and safety; and, WHEREAS, when a Greenhouse is used for the cultivation of Marijuana it should be enclosed by a sight obscuring wall or fence at least six feet high, to reduce hazards to public health, safety and welfare; and, WHEREAS, to protect the public health, safety and welfare of the citizens of the City of Kenai, all Commercial Marijuana Establishments must not emit an odor that is detectable by the public from outside the Commercial Marijuana Establishment; and, WHEREAS, allowing both a Marijuana Cultivation Facility, Indoor Standard and a Indoor Limited to cultivate and grow Marijuana in the: Rural Residential (RR), Rural Residential-1 (RR-1), Suburban Residential (RS), Suburban Residential-1 (RS-1), Suburban Residential-2 (RS-2), Urban Residential (RU) or Limited Commercial (LC) on lots at least forty thousand (40,000) square feet or greater in size strikes an appropriate balance between the goals of the City Planning and Zoning Ordinances, Goals of the Residential Neighborhood Development Policies of the Comprehensive Plan and Commercial Marijuana interests; and, Page 6 of 30 New Text Underlined; [DELETED TEXT BRACKETED] WHEREAS, Commercial Marijuana Establishments shall be a prohibited use as a Home Occupation in order to preserve the character, health and safety of neighborhoods; and, WHEREAS, the Planning and Zoning held a Public Hearing on November 10, 2015 and recommended the Council of the City of Kenai approve this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Section 1. Form: That this is a code ordinance. Section 2. Amendment of Chapter 14.20 of the Kenai Municipal Code: That Kenai Municipal Code, Chapter 14.20 – Kenai Zoning Code, is hereby amended as follows: 14.20.230 Home Occupations. (a) Intent. It is the intent of this chapter to permit home occupations that are compatible with other permitted uses and with the residential character of a neighborhood, and that are clearly secondary or incidental to the residential use of the main building. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances would not be aware of its existence other than for a sign as permitted in this chapter. Home occupations are permitted accessory uses only so long as all the development requirements listed in this section are observed. (b) Uses Permitted. Subject to the development requirements of this section, home occupations include, but are not limited to, the following uses: (1) Art [s]Studio; (2) Day care of no more than eight (8) children under the age twelve (12), including children related to the caregiver; (3) Dressmaking; (4) Sewing and tailoring; (5) Barbers and beauticians; and (6) Tutoring and musical instruction. (c) Uses Prohibited. The following uses are prohibited as home occupations: (1) Commercial auto, small machine, and boat repair; (2) Commercial kennels or similar uses; (3) Convalescent homes for the care of more than two (2) patients; (4) Mortuaries; Page 7 of 30 New Text Underlined; [DELETED TEXT BRACKETED] (5) Private schools with organized classes; (6) Real estate office; and (7) Restaurants. (8) Commercial Marijuana Establishments (d) Development Requirements. (1) Not more than one (1) person outside the family shall be employed in the [h]Home occupation. (2) No more than thirty percent (30%) of the gross floor area of all buildings on the lot shall be used for the home occupation. (3) The home occupation shall be carried on wholly within the principal building, or other buildings which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. (e) Permit Application. (1) An application for a home occupation permit shall be filed in writing with the City Planning and Zoning Department and signed by the person requesting to operate the home occupation. (2) If the administrative official finds the application meets the criteria of KMC 14.20.230 and recommends that the Commission should grant the permit, the official shall place consideration of the application on the consent agenda of the Planning and Zoning Commission. Otherwise, the administrative official shall place consideration of the application as a regular new business item on the Commission’s agenda. Applications listed on the consent agenda are considered routine and will be approved by one (1) motion. There will be no separate discussion of the application unless a member of the Commission so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the general orders. (3) A finding by the Planning and Zoning Commission that an application does not meet the criteria of KMC 14.20.230 may be appealed in accordance with KMC 14.20.290. (4) Notice of the consideration by the Commission of a home occupation permit application shall be published once at least two (2) days prior to the meeting in a paper of general circulation in the City of Kenai. (f) Permits Nontransferable. A home occupation permit granted under this section is no transferable to another person or location. (g) Exemption. No home occupation permit shall be required for: Page 8 of 30 New Text Underlined; [DELETED TEXT BRACKETED] (1) Activities or business which are carried on solely by use of phones, computers and mail or delivery services; or (2) A State-approved relative home day care provider that provides care to no more than five (5) children (including the caregiver’s own children) under the age of twelve (12) of which no more than two (2) may be under thirty (30) months of age and who are the caregiver’s grandchildren, great- grandchildren, sibling (only if living in a separate residence), niece or nephew (not a great niece or nephew), and which involve no outside sign, little or no increase in traffic, and with only occasional visits by members of the public to the home. (h) Fire Code Inspections. (1) Day care facilities shall be inspected by the Fire Marshal for compliance with the Fire Code (KMC 8.05) prior to approval of the permit. Thereafter, they shall be inspected every other year by the Fire Marshal. Failure to comply with the Fire Code (KMC 8.05) shall be grounds for the suspension or revocation of the facilities’ home occupation permit. (2) Residences which are the subject of a home occupation permit application (other than day care facilities) may be required to be inspected by the Fire Marshal for compliance with the Fire Code (KMC 8.05) prior to approval of the permit, if the Fire Marshal determines it is necessary for public safety. 14.20.320 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 constructed to include the words “intended,” “arranged” or “designed to be used or occupied.” (b) Specific Definitions. “Accessory [b]Building” means a detached building or structure, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land which is located on the same lot as the main building or use, except as allowed by a conditional use permit. Page 9 of 30 New Text Underlined; [DELETED TEXT BRACKETED] An accessory building shall be considered to be a part of main building when joined to the main building by a common wall or when any accessory building and the main building are connected by a breezeway. “Accessory [u]Use” means a use customarily incidental and subordinate to the principal use of the land, building, or structure and located on the same lot or parcel of land. “Administrative [o]Official” means the person charged with the administration and enforcement of this chapter. “Agricultural [b]Building” means a building or structure 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. “Agriculture” means the science, art, and business of cultivating soil, producing crops, and raising livestock; farming. “Airport” means a location where aircraft such as fixed-wing aircraft, helicopters, and blimps take off and land. Aircraft may be stored or maintained at an airport. An airport consists of at least one (1) surface such as a runway for a plane to take off and land, a helipad, or water for takeoffs and landings, and often includes buildings such as control towers, hangars and terminal buildings. “Alley” means a public way designed and intended to provide only a secondary means of access to any property abutting thereon. “Alteration” means any change, addition, or modification in construction, location, or use classification. “Animal [b]Boarding” means any building or structure and associated premises in which animals are fed, housed, and/or exercised for commercial gain. “Apartment [h]House,” see “Dwelling, multiple-family.” “Area, [b]Building” means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of steps. “Assemblage” means a large gathering of people for an event such as a concert, fair, or circus. “Assisted [l]Living” means a living arrangement in which people with special needs, especially seniors with disabilities, reside in a facility that provides help with everyday tasks such as bathing, dressing, and taking medication. “Automobile [s]Sales” means the use of any building or structure and associated premises for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use. “Automobile [s]Service [s]Station” means the use of any building or structure and associated premises or other space used primarily for the retail sale and dispensing of motor fuels, tires, batteries, and other small accessories; the installation and servicing of such lubricants, tires, batteries, and other small accessories; and such other services which do not customarily or usually require the services of a qualified automotive mechanic. Page 10 of 30 New Text Underlined; [DELETED TEXT BRACKETED] “Automobile [w]Wrecking” means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. “Automotive [r]Repair” means the use of any building or structure and associated premises on which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered. “Bank” means any establishment or building or structure used for a financial institution that provides financial services for its clients or members. The term “bank” includes savings and loan. “Bed and [b]Breakfast” means a residential, owner-occupied dwelling in which rooms are rented to paying guests on an overnight basis with no more than one (1) meal served daily. “Boarding [h]House” means a dwelling where the principal use is a dwelling by the owner or keeper and where the owner or keeper provides lodging for three (3) or more persons who are not members of the owner’s or keeper’s family and the lodgers pay compensation to use one (1) or more rooms. The common parts of the building or structure are maintained by the owner or keeper who may also provide lodgers with some services, such as meals, laundry, and cleaning. Boarding houses are not motels or hotels and are not open to transient guests. “Building” means any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind. “Building Code” means the building code and/or other building regulations applicable in the City. “Building, [e]Existing” means a building erected prior to the adoption of the ordinance codified in this chapter or one for which a legal building permit has been issued. “Building [h]Height” means the vertical distance from the “grade,” as defined herein, to the highest point of the roof. “Building, [p]Principal or [m]Main” means a building or structure in which is conducted the principal or main use on the lot which said building is situated. “Business/[c]Consumer [s]Services” means the provision of services to others on a fee or contract basis, such as advertising and mailing; building maintenance; employment service; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services. “Cabin [r]Rentals” means the renting out of one (1) or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. “Cemetery” means any property used to inter the dead in buried graves or in columbarium, stacked vaults, or similar structures. “Centerline” means the line which is in the center of a public right-of-way. Page 11 of 30 New Text Underlined; [DELETED TEXT BRACKETED] “Church” means a building or structure in which persons regularly assemble for worship, ceremonies, rituals, and education pertaining to a particular system of beliefs. The term “church” includes a synagogue or temple. “City” means the City of Kenai, Alaska. “Clinic” (or outpatient clinic or ambulatory care clinic) means a health care facility that is primarily devoted to the care of outpatients. Clinics can be privately operated or publicly managed and funded, and typically cover the primary health care needs of populations in local communities, in contrast to larger hospitals which offer specialized treatments and admit inpatients for overnight stays. “Collector [s]Street” means a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City. Unless otherwise designated by the Commission, collector street shall be defined on the plan for streets and community facilities in the comprehensive development plan. “College” means an educational institution providing postsecondary (after high school) education. “Commercial [k]Kennel” has the same meaning given in KMC 3.05.010. “Commercial Marijuana Establishment” means any Retail Marijuana Store, Marijuana Cultivation Facility, Marijuana Product Manufacturing Facility, and Marijuana Testing Facility. “Commercial [r]Recreation” means a recreation facility operated as a business and open to the public for a fee. “Commission” means the Kenai Planning and Zoning Commission. “Communication [a]Antenna” has the same meaning given in KMC 14.20.255. “Communication [t]Tower” has the same meaning given in KMC 14.20.255. “Conditional [u]Use” means a use which is permitted under the terms of this chapter provided that under the specified procedures, the Commission finds that certain conditions, specified in this chapter are fulfilled. Conditional uses are listed in the Land Use Table. “Condominium” means a common interest ownership dwelling in which: (1) Portions of the real estate are designated for separate ownership; (2) The remainder of the real estate is designated for common ownership solely by the owners of those portions; (3) The undivided interests in the common elements are vested in the unit owners. In the Land Use Table (KMC 14.22.010), “condominiums” shall be treated as two (2) or more family dwellings. For example, a four (4) unit condominium building would be treated as a four (4) family dwelling. “Coverage” means that percentage of the total lot area covered by the building area. Page 12 of 30 New Text Underlined; [DELETED TEXT BRACKETED] “Crematory/[f]Funeral home” means building or structure used for preparation of the deceased for display and/or interment and may also be used for ceremonies connected with interment. Preparation may include cremation, which is the process of reducing dead bodies to basic chemical compounds in the form of gases and bone fragments. This is accomplished through burning—high temperatures, vaporization, and oxidation. “Day [c]Care [c]Center” means an establishment where child care is regularly provided for children for periods of less than twenty-four (24) hours, including the building housing the facility and adjoining areas, and where tuition, fees, or other compensation for the care of the children is charged. “Dormitory” means a building, whether public or private, associated with a school, college or university and designed, used, and arranged for private sleeping, studying, and living accommodation for students. “Dwelling” means a building or any portion thereof designed or used exclusively for residential occupancy including one-family, two-family and multiple-family dwellings, but not including any other building wherein human beings may be housed. “Dwelling, [o]One-[f]Family” means any detached building containing only one (1) dwelling unit. “Dwelling, [t]Two-[f]Family” means any building containing only two (2) dwelling units. “Dwelling, [m]Multiple-[f]Family” means any building containing three (3) or more dwelling units. “Dwelling [u]Unit” means one (1) or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one (1) family for living or sleeping purposes. “Elementary [s]School” means any school usually consisting of grades pre- kindergarten through grade 6 or any combination of grades within this range. “Essential [s]Service” means the erection, construction, alteration, or maintenance by public utility companies or municipal departments or commissions, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith. This definition shall not be interpreted to include public buildings. “Family” means any number of individuals living together as a single housekeeping unit in a dwelling unit. “Farming” means a tract of land cultivated for the purpose of commercial agricultural production. “Fence, [h]Height” means the vertical distance between the ground directly under the fence and the highest point of the fence. “Floor [a]Area” means the total of each floor of a building within the surrounding outer walls but excluding vent shafts and courts. Page 13 of 30 New Text Underlined; [DELETED TEXT BRACKETED] “Fraternal [o]Organization” means a group of people formally organized for a common object, purpose, or interest (usually cultural, religious or entertainment) that conducts regular meetings and has written membership requirements. “Frontage” means all the property fronting on one (1) side of a street between intersection streets. “Garage, [p]Private” means an accessory building or any portion of a main building used in connection with residential purposes for the storage of passenger motor vehicles. “Garage, [p]Public” means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other vehicles. “Gas [m]Manufacturer/[s]Storage” means the surface use of lands used in the production, the mechanical transformation, or the chemical transformation of hydrocarbon gas and includes uses for gas conditioning/compressor stations. “Storage” means surface uses necessary for storage of produced or non-native natural gas. “Governmental [b]Building” means a building or structure owned and operated by any department, commission, or agency of the United States or of a state or municipality and used to conduct official business of government. “Grade ([g]Ground [l]Level)” means the average level of the finished ground at the center of all walls to a building. In case walls are parallel to and within five (5) feet of a public sidewalk, the ground level shall be measured at the sidewalk. “Greenhouse” means a building or structure, usually a glassed or clear plastic enclosure, used for the cultivation and protection of plants. “Guest [r]Room” means any room in a hotel, dormitory, boarding, or lodging house used and maintained to provide sleeping accommodations for one (1) or more persons. “Guide [s]Service” means any activity on any premises used for collecting or returning persons from recreational trips when remuneration is provided for the service. “Gunsmith” means a person who repairs, modifies, designs, or builds firearms. “High [s]School” means a secondary school usually consisting of grades 9 through 12 or any appropriate combination of grades within this range. “Home [o]Occupation” means an accessory carried out for remuneration by a resident in the resident’s dwelling unit, excluding Commercial Marijuana Establishments. “Hospital” means an institution that provides medical, surgical, or psychiatric care and treatment for the sick or the injured. “Hotel” means a building or group of buildings containing more than five (5) guest rooms used for the purpose of offering public lodging on a day-to-day basis with or without meals. Page 14 of 30 New Text Underlined; [DELETED TEXT BRACKETED] “Housing Facility Owned by a Public Housing Authority with Children as Residents” means rental housing owned and operated by a public housing authority that allows tenancy by families with children as residents. Senior housing facilities are excluded. “Junkyard” means any space one hundred (100) square feet or more of any lot or parcel of land used for the storage, keeping, or abandonment of junk or waste material, including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or any parts thereof. “Library” means a collection of sources, resources, and services, and the structure in which it is housed; it is organized for use and maintained by a public body, an institution, or a private individual. “Licensed Premises For Commercial Marijuana Establishment” means any and all designated portions of a building or structure, or rooms or enclosures in the building or structure, at the specific address for which a Commercial Marijuana Establishment license is issued, and used, controlled, or operated by the Commercial Marijuana Establishment to carry out the business for which it licensed. “Loading [s]Space” means an off-street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. “Lodge” means a building or group of buildings containing five (5) or fewer guest rooms used for the purpose of offering public lodging on a day-to-day basis with or without meals. “Lot” means a parcel of land occupied or to be occupied by a principal use and having frontage on a public street. “Lot, [c]Corner” means a lot situated at the junction of, and bordering on, two (2) intersecting streets, two (2) platted rights-of-way, two (2) government easements, or any combination thereof. “Lot [c]Coverage” means that portion of the lot covered by buildings or structures that require a building permit. “Lot [d]Depth” means the horizontal distance separating the front and rear lot lines of a lot and at right angles to its width. “Lot [l]Line, [f]Front-[c]Corner [l]Lot” means the shortest street line of a corner lot. “Lot [l]Line, [f]Front-[i]Interior [l]Lot” means a line separating the lot from the street. “Lot [l]Line, [r]Rear” means a line that is opposite and most distant from the front lot line, and in the case of irregular, triangular, or gore shaped lot, a line not less than ten feet (10′) in length, within a lot, parallel to and at the maximum distance from the front lot line. “Lot [l]Line, [s]Side” means any lot boundary line not a front lot line or a rear lot line. “Lot [w]Width” means the mean horizontal distance separating the side lot lines of a lot and at right angles to its depth. Page 15 of 30 New Text Underlined; [DELETED TEXT BRACKETED] “Manufactured [h]Housing” means a dwelling unit that meets Department of Housing and Urban Development Standards for manufactured housing and is wider than sixteen feet (16′), has a roof pitch of 4:12 or greater with roofing and siding common to standard residential construction and is transported to the site and placed on a permanent foundation. “Manufacturing/[f]Fabricating/[a]Assembly” means the mechanical or chemical transformation of materials or substances into new products including assembling of components parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. “Marijuana” means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate. The term does not include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products. “Marijuana Concentrate” means resin, oil, wax, or any other substance derived from the marijuana plant by any method which isolates the Tetrahydrocannabinol (THC)- bearing resins of the plant. “Marijuana Cultivation Facility” means any entity with a state license registered to cultivate, prepare, and package marijuana and to sell marijuana to Marijuana Retail Facilities, Marijuana Products Manufacturing Facilities, Marijuana Brokerage Facilities, Marijuana Testing Facilities, but not to consumers. “Marijuana Cultivation Facility, Indoor Standard” means a state licensed, fully enclosed Commercial Marijuana Facility, in which all growing, preparation and packaging are conducted completely indoors in a fully enclosed secure indoor facility or greenhouse with view obscuring rigid walls, a roof, and doors with 500 or more square feet under cultivation. Net floor area of all cultivation facility structures shall not exceed 10,000 square feet. “Marijuana Cultivation Facility, Indoor Limited” means a state licensed, fully enclosed Commercial Marijuana Facility in which all growing, preparation and packaging are conducted completely indoors in a fully enclosed secure indoor facility or greenhouse with view obscuring rigid walls, a roof, and doors with 500 or fewer square feet under cultivation. Net floor area of all cultivation facility structures shall not exceed 5,000 square feet. “Marijuana Cultivation Broker Facility, Indoor” means a state licensed, fully enclosed secure indoor facility providing essential business functions of a Marijuana Cultivation Facility, Indoor Limited, including storing marijuana, purchasing or arranging the purchase of the Marijuana Cultivation Facility, Indoor Limited’s marijuana crop, arranging testing and transportation of marijuana and filing the reports and paying the marijuana excise tax required under State of Alaska Statutes 43.61.010 and 43.61.020. Net floor area of all Marijuana Cultivation Broker Facilities shall not exceed 10,000 square feet. Page 16 of 30 New Text Underlined; [DELETED TEXT BRACKETED] “Marijuana Products” means concentrated marijuana and marijuana products that are comprised of Marijuana and other ingredients and are intended for use or consumption, such as, but not limited to edible products, ointments, and tinctures. “Marijuana Product Manufacturing Facility” means a state licensed fully enclosed secure indoor facility registered to purchase marijuana, manufacture, prepare and package marijuana products, and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. “Marijuana Testing Facility” means a state licensed commercial marijuana testing facility that is registered to analyze and certify the safety and potency of Marijuana and Marijuana Products. “Mini-[s]Storage [f]Facility” means a completely enclosed structure containing three (3) or more areas or rooms available for lease or rent for the purpose of the general storage of household goods, vehicles or personal property; where the lessee of the unit is provided direct access to deposit or store items and where vehicles do not fill the majority of the allowed storage space. “Mobile [h]Home” means a structure, which is built on a permanent chassis in accordance with Department of Housing and Urban Development Standards and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home is subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. “Mobile [h]Home [p]Park” means a site with required improvements and utilities for the long-term parking of mobile homes which may include services and facilities for the residents. “Modular [h]Home” means a dwelling constructed in modules or sections at a place other than the building site, built to conform to Title 4 of the Kenai Municipal Code, is transported to the site and then assembled and placed on a permanent foundation. “Motel” means a group of one (1) or more detached or semi-detached buildings containing two (2) or more individual dwelling units and/or guest rooms designed for, or used temporarily by, automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. “Museum” means a building or structure that houses and cares for a collection of artifacts and other objects of scientific, artistic, or historical importance and makes them available for public viewing through exhibits that may be permanent or temporary. “Nonconforming [l]Lot” means a lot lawfully existing at the time this chapter became effective, which by reason of area or dimensions, does not meet the development requirements for the zone in which it is located. “Nonconforming [s]Structure” means a structure or portion thereof, lawfully existing at the time this chapter became effective, which by reason of its yards, coverage, height, or other aspects of design, does not meet the development requirements of this zone. Page 17 of 30 New Text Underlined; [DELETED TEXT BRACKETED] “Nonconforming [u]Use” means a use of a structure of land, or of a structure and land in combination, lawfully existing at the time this chapter became effective, or established on the premises of a previous nonconforming use as specified in this chapter, which is not in conformity with the uses permitted in the zone in which it exists. “Nursing, [c]Convalescent or [r]Rest [h]Home” means a building or structure used as a residence for people who require constant nursing care and/or have significant deficiencies with activities of daily living. “Office” means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government. “Park” means a tract of land, designated by a public entity for the enjoyment of the public and generally used for active and passive recreational activities. “Parking, [p]Public [l]Lots” means a parking area available to the public, whether or not a fee for use is charged. “Parking [s]Space, [p]Private” means any automobile parking space, excluding garages, not less than nine feet (9′) wide and one hundred eighty (180) square feet in total area. “Parking [s]Space, [p]Public” means an area of not less than one hundred eighty (180) square feet exclusive of drives or aisles giving access thereto in area accessible from streets and alleys for the storage of passenger motor vehicles operated by individual drivers. “Person” means a natural person, his or her heirs, executors, administrators, or assigns, and also including firm, partnership, or corporation, or their successors and/or assigns or the agent of any of the aforesaid. “Personal [s]Services” mean establishments engaged in providing services involving the care of a person or his or her apparel. “Planned [u]Unit [r]Residential [d]Development” means an alternative method of development of a residential neighborhood under more flexible conditions than otherwise required in a specific zoning district. “Playground” means any outdoor facility, including any parking lot appurtenant thereto, intended for recreation other than team sports, open to the public, and with any portion thereof containing three or more separate apparatus intended for the recreation of children including, but not limited to, sliding boards, swing sets, and teeterboards. “Principal [u]Use” means the major or predominant use of a lot or parcel of land. “Profession” means an occupation or calling requiring the practice of a learned art through specialized knowledge based on a degree issued by an institution of high learning, e.g., Doctor of Medicine. “Property [o]Owner” means the owner shown on the latest tax assessment roll. Page 18 of 30 New Text Underlined; [DELETED TEXT BRACKETED] “Public” means a place to which the public or a substantial group or persons has access and includes highway, rivers, lakes, transportation facilities, schools, places of amusement or business, parks, playgrounds, prisons, hallways, lobbies and other parts of apartments houses and hotels not constituting rooms or apartments designed for actual residence. “Recreation” means leisure activities sometimes requiring equipment and taking place at prescribed places, sites, parks, or fields. It can include active recreation, such as structured individual or team activities requiring the use of special facilities, courses, fields or equipment or passive recreation, such as activities that do not require prepared facilities such as wildlife and bird viewing, observing and photographing nature, picnicking, and walking. “Recreational [v]Vehicle” means a vehicular-type unit, primarily designed as temporary living quarters for recreational camping, or travel use, which either has its own motor power or is mounted on or drawn by another vehicle. Recreational vehicles include, but are not limited to, travel trailers, camping trailers, truck campers, and motor homes. “Recreational [v]Vehicle [p]Park” means an area established by a conditional use permit for the parking of two (2) or more recreational vehicles on a temporary basis. “Restaurant” means an establishment where food and drink is prepared, served, and consumed primarily within the principal building. “Retail [b]Business” means establishments engaged in selling goods or merchandise to the general public for business or personal/household consumption and rendering services incidental to the sale of such goods. “Retail Marijuana Store” means a state licensed entity registered to purchase marijuana from a marijuana cultivation facility, to purchase marijuana and marijuana products from a marijuana manufacturing facility, and sell marijuana and marijuana products to consumers. “Secondary [u]Use” means a use allowed on a lot or parcel of land only if there is also an allowed principal use on the property. “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, firm, association, corporation, profession, business, or a commodity or product, which are visible from any public street or highway and used to attract attention. “Square Feet Under Cultivation” means an area of the licensed premises of a standard or limited cultivation facility that is used for growing marijuana, measured on the perimeter of the floor or growing space for marijuana “Square Feet Under Cultivation” does not include hallways, equipment storage areas, or other areas within the licensed premises that are not used for growing marijuana such as an office, or a processing or storage area. “State [h]Highway” means a right-of-way classified by the State of Alaska as a primary or secondary highway. Page 19 of 30 New Text Underlined; [DELETED TEXT BRACKETED] “Storage [y]Yard” means a lot used primarily for the storage of operational vehicles, construction equipment, construction materials or other tangible materials and equipment. “Street” means a public right-of-way used as a thoroughfare and which is designed and intended to provide the primary means of access to property abutting thereon. “Structure” means that which is built or constructed, an edifice or a building of any kind, composed of parts joined together in some definite manner. “Subsurface [e]Extraction of [n]Natural [r]Resources” means removing valuable minerals or other geological materials from the earth, from an ore body, vein or (coal) seam. Materials recovered could include gas, oil, base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock salt and potash. “Surface [e]Extraction of [n]Natural [r]Resources” means removal of material, usually soil, gravel, or sand for use at another location. “Swimming Pool” means any public facility, including any parking lot appurtenant thereto, intended for the purposes of swimming and other water-related recreational activities. “Taxidermy” means the act of mounting or reproducing dead animals, fish, and/or birds for display. “Theater” means a building or structure, or part thereof, devoted to the indoor exhibition of motion pictures and/or of live dramatic, speaking, musical, or other presentations. “Townhouse” means single-family dwelling units constructed in a series or group of two (2) or more units separated from an adjoining unit by an approved party wall or walls, extending from the basement of either floor to the roof along the linking lot line. “Tree [n]Nursery” means a place where trees/plants are propagated and grown to usable size. “Use” means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. “Variance” means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his or her real property. “Warehouse” means a building or structure used for the storage of goods, wares and merchandise that will be processed, sold or otherwise disposed of off of the premises. “Wholesale [b]Business” means business conducted primarily for the purpose of selling wares or merchandise in wholesale lots to retail merchants for resale. “Yard” means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this chapter, on the same lot on which a building is situated. “Yard, [f]Front” means a yard extending across the full width of the lot between the front lot line of the lot and the nearest exterior wall of the building which is the nearest to the front lot line. Page 20 of 30 New Text Underlined; [DELETED TEXT BRACKETED] “Yard, [r]Rear” means a yard extending across the full width of the lot between the most rear main building and the rear lot line. “Yard, [s]Side” means a yard on each side of a main building and extending from the front lot line to the rear lot line. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line to the nearest part of the main building. “Youth Center” means any public or private recreation facility and / or gymnasium, including any parking lot appurtenant thereto, intended primarily for use by persons under 18 years of age, which regularly provides athletic, civic, or cultural activities. “Zoning [c]Change” means the alteration or moving of a zone boundary; the reclassification of a lot, or parcel of land, from one zone to another; and the change of any of the regulations contained in this chapter. “Zoning [o]Ordinance or [o]Ordinances” mean the zoning ordinance of the City of Kenai and Kenai Municipal Code Chapter 14. Section 3. Amendment of Chapter 14.20 of the Kenai Municipal Code: That Kenai Municipal Code, Chapter 14.20 – Kenai Zoning Code, is hereby amended to add the following Section as follows: 14.20.330 Standards for Commercial Marijuana Establishments. The purpose of this Section is to establish general standards for Commercial Marijuana Establishments. (a) A Commercial Marijuana Establishment shall only be allowed with a Conditional Use Permit under Kenai Municipal Code Section 14.20.150. (b) Applicants applying for a Conditional Use Permit must include an area map drawn to scale indicating all land uses on other properties within a 500-foot proximity of the lot upon which the applicant is seeking a Conditional Use Permit. This shall be in additional to the Conditional Use Permit submission requirements in Kenai Municipal Code Section 14.20.150. (c) A Public Hearing shall be scheduled before the Planning and Zoning Commission to review the Conditional Use Permit application once it has been deemed complete. The Public Hearing shall be scheduled in accordance with the requirements in Kenai Municipal Code Section 14.20.280, except that notification shall be mailed to all real property owners on record on the Borough Assessor’s records within a five hundred (500) foot periphery of the parcel affected by the proposed action. (d) The growing, cultivating, preparation, packaging, manufacturing, processing or storing of all Marijuana, Marijuana Concentrate or Marijuana Products shall be conducted within a fully enclosed secure indoor facility or greenhouse with view obscuring rigid walls, a roof and doors. A Greenhouse must be enclosed by a sight obscuring wall or fence at least six feet high. Page 21 of 30 New Text Underlined; [DELETED TEXT BRACKETED] (e) All Commercial Marijuana Establishments shall not emit an odor that is detectable by the public from outside the Commercial Marijuana Establishment. (g) No portion of a parcel upon which any Commercial Marijuana Establishment is located shall be permitted within the following buffer distances: (1) 1000 feet from any primary and secondary schools (K-12) including vocational programs, post-secondary schools including but not limited to trade, technical, or vocational schools, colleges and universities; and, (2) 500 feet from any playgrounds, parks, youth centers, licensed day care centers, public swimming pools, adult and juvenile correctional facilities, churches, State licensed substance abuse treatment provider or facility providing substance abuse treatment, State licensed Clinic providing substance abuse treatment, Hospitals, and Housing Facilities Owned by a Public Housing Authority with Children as Residents; and, (3) Buffer distances shall be measured from property line to property line. (h) Except as otherwise provided for in this Section, no Person or Licensee may construct, build, operate or otherwise develop a Commercial Marijuana Establishment on any parcel zoned: Rural Residential (RR), Rural Residential-1 (RR-1), Suburban Residential (RS), Suburban Residential-1 (RS-1), Suburban Residential-2 (RS-2), Urban Residential (RU), Townsite Historic (TSH), Conservation (C), Recreation (R), Central Commercial (CC), General Commercial (GC), Education Zone (ED) or Central Mixed Use (CMU). (i) A Person or Licensee may apply for a Conditional Use Permit to allow for the construction and operating of a Marijuana Testing Facility in the Central Commercial (CC), General Commercial (GC) or Central Mixed Use (CMU) zones. (j) On Lots of forty thousand (40,000) square feet or greater in size, and zoned: Rural Residential (RR), Rural Residential-1 (RR-1), Suburban Residential (RS), Suburban Residential-1 (RS-1), Suburban Residential-2 (RS-2), Urban Residential (RU) or Limited Commercial (LC); a Person or Licensee may apply for a Conditional Use Permit to allow for the construction and operation of a Marijuana Cultivation Facility, Indoor Standard or a Marijuana Cultivation Facility, Indoor Limited as defined by Alaska State Law. (k) A Marijuana Cultivation Facility, Indoor Standard, Marijuana Cultivation Facility, Indoor Limited, or a Marijuana Cultivation Broker Facility, Indoor shall only be allowed on a Lot which has an existing structure consistent with a principal permitted use. (l) A Marijuana Cultivation Facility located in an Accessory Building shall be subject to the setback provisions in Kenai Municipal Code Section 14.24.020 – Development Requirements Table. A Person or Licensee seeking relief from the provisions in the Development Requirements Table may apply for a Variance subject to the provisions of Kenai Municipal Code Section 14.20.180. Page 22 of 30 New Text Underlined; [DELETED TEXT BRACKETED] Section 4. Amendment of Chapter 14.22 of the Kenai Municipal Code: That Kenai Municipal Code, Chapter 14.22 – Land Use Table, is hereby amended as follows: 14.22.010 LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS LAND USES C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU RESIDENTIAL One-Family Dwelling C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/C21 Two-, Three-Family Dwelling C18 P P P P P P P21 S1 C C C22 P P P S1/C21 Four-Family Dwelling C18 P C3,29 P N N P P21 S1 C C C22 N P C S1/C21 Five-, Six-Family Dwelling C18 C3 N P N N P P21 S1 C C N N P C S1/C21 Seven- or More Family Dwelling C18 C3 N C3 N N P P21 S1 C C N N P C S1/C21 Mobile Home Parks 6 N C N C C C C C C C C N C C C C Planned Unit Residential Development 7 C18 C C29 C C C C C C C C N C C C C Townhouses 4 C18 C3 C3,29 C3 C3 C3 C3 C C C C C22 C C C C Accessory Building on Parcel Without Main Building or Use (See KMC 14.20.200) N C C C C C C N N N N N N C N N LAND USES C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU COMMERCIAL Automotive Sales N C N N N N C P P P P N N N N P Automotive Service Stations N C N N N N C P P P P N C N N P Banks N C N C N N C P P P C N C C C P Business/Consumer Services N C N C N N C P P P C N C C C P Marijuana Testing Facility 30 N N N N N N N C C C C N N N C C Commercial Recreation N C N C N N C P P C C N P C C P Guide Service N C N C N N C P P P P N P P C P Hotels/Motels N C N C N N C P P P C N C P C P Lodge N C N C N N C P P P C N P P C P Professional Offices N C C29 C N N P P P P P N C P P P Page 23 of 30 New Text Underlined; [DELETED TEXT BRACKETED] Restaurants N C N C N N C P P P C N C C C P Marijuana Cultivation Facility, Indoor Standard 30 N C C C C C C N N C C N N N C N Marijuana Cultivation Facility, Indoor Limited 30 N C C C C C C N N C C N N N C N Retail Business N26 C N C N N C P P P P S24 S24 C C P Retail Marijuana Store 30 N N N N N N N N N C C N N N C N Theaters N C N C N N C P P C C N P C C P Wholesale Business N C N C N N C C P P P N S24 C C N Marijuana Cultivation Broker Facility, Indoor 30 N N N N N N N N N C C N N N C N LAND USES C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU INDUSTRIAL Airports P20 C N C N N C C C C C N C N N C Automotive Repair N C N C N N C P P P P N N N N P Gas Manufacturer/Storage N N N C N N N N N C9 C9 N N N N N Manufacturing/Fabricating/Assembly N C N C N N C C P P P N C C N C Marijuana Product Manufacturing Facility 30 N N N N N N N N N C C N N N N N Mini-Storage Facility N C N C N N C C P P P N N N C C Storage Yard N C N C N N C C P P P N N N N C Warehouses N C N C N N C N P P P N C N N N LAND USES C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU PUBLIC/INSTITUTIONAL Assisted Living C C C C C C C C C C C C C C C C Churches* C P10 P10 P10 P10 P10 P10 P10 P10 C C P P10 P P P Clinics C C N C C C C P P P C C C C P P Colleges* C C C29 C C C C P P C C P C C C P Elementary Schools* C C C29 C C C C P P C C P C C C P Governmental Buildings C C C29 C C C C P P P C P C C P P High Schools* C C C29 C C C C P P C C P C C C P Hospitals* C C N C C C C P P P C C C C C P Libraries* C C C29 C C C C P P P C P C P C P Museums C C C29 C C C C P P P C P C P C P Page 24 of 30 New Text Underlined; [DELETED TEXT BRACKETED] Parks and Recreation P C C29 C C C C P P P P P P P C P LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU MISCELLANEOUS Animal Boarding/Commercial Kennel 13 C C N C C N N C C C C N C N C C Assemblies 15 (Large: Circuses, Fairs, Etc.) C C N C C C C P15 P15 P15 P15 P15 C P N P15 Bed and Breakfasts C C C C C C C C C C C N P C C P Cabin Rentals C C N C N N N P P P C N P P C P Cemeteries C C N C N N N N C C C N C C N N Communications Towers & Antenna(s), Radio/TV Transmitters/ Cell Sites** 28 P C N C C C C P P P P P C C C C Crematories/Funeral Homes N C N C N N C C C C C N C C C C Day Care Centers 12 C C C29 C C C C P P P C C C C P P Dormitories/Boarding Houses C C N C C C P P21 S C P P23 C C C P Essential Services P P P P P P P P P P P P P P P P Farming/General Agriculture*** P P N N N N N N N N P N P N N N Fraternal Organizations/Private Clubs/Social Halls and Union Halls N C N C C C C P P P C N C P C P Greenhouses/Tree Nurseries 13 C C N C C C C P P P C N C C C P Gunsmithing, Taxidermy N C N C C C C P P P P N C P P P Nursing, Convalescent or Rest Homes N C N C C C C P P C C C C C C P Parking, Public Lots 12 C C N C C C C C C C C C C C C C Personal Services 25 C C N C C C C P P P P C C P P/C27 P Recreational Vehicle Parks C C N C N N C C C C C N C C N C Subsurface Extraction of Natural Resources 16 C C C C C C C C C C C N C N N N Surface Extraction of Natural Resources 17 C C N C N N C N C C C N C N N N * See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000) ** See 42 Telecommunications Act of 1996, Sec. 704(a) *** See, however, the limitations imposed under KMC 3.10.070 Footnotes: 1. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site plans. Page 25 of 30 New Text Underlined; [DELETED TEXT BRACKETED] 2. One (1) single-family residence per parcel, which is part of the main building. 3. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; b. The site square footage in area must be approved by the Commission; c. Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; e. The proposed dwelling group will constitute a residential area of sustained desirability and stability, will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f. The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See “Townhouses” section. 5. See “Mobile Homes” section. 6. Allowed as a conditional use, subject to “Mobile Homes” section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. 7. See “Planned Unit Residential Development” section. 8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met. Page 26 of 30 New Text Underlined; [DELETED TEXT BRACKETED] 10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 11. Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12. Allowed as a conditional use, provided that the following conditions are met: a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; b. Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. 13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. Animal boarding and commercial kennels require a kennel license (see KMC Chapter 3.15). 14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 15. Allowed, provided that the following conditions are met: a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b. Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. 16. See “Conditional Uses” section. 17. See “Conditional Use Permit for Surface Extraction of Natural Resources” section. 18. Conditional Use allowed only on privately held property. Not allowed on government lands. 19. Reserved. 20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed. Page 27 of 30 New Text Underlined; [DELETED TEXT BRACKETED] 21. Developments for use shall be the same as those listed in the “Development Requirements Table” for the RU/TSH zones. 22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. 23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. 24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27. Personal services not set forth in the [ABOVE] below matrix are conditional uses. Limited Commercial Zone Personal Services Permitted(P) Conditional Use(C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Fitness Centers X Massage Therapist X Photographic Studios X Self-Service Laundries X Page 28 of 30 New Text Underlined; [DELETED TEXT BRACKETED] Tailors X Tanning Salons X Tattoo Parlors X 28. Communications tower/antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met. 29. Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from: (a) driveway access on the Kenai Spur Highway; or (b) driveway access from a dedicated right-of-way and that driveway access is not more than two hundred seventy-five (275) feet as measured from the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as-built drawing/survey of the parcel. 30. See Marijuana Regulations, Section 14.20.230 – Home Occupations, Section 14.20.320 – Definitions, Section 14.20.330 – Standards for Commercial Marijuana Establishments. Section 6. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 7. Effective Date: That pursuant to Kenai Municipal Code Section 1.15.070(f), this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2015. ______________________________________ PAT PORTER, MAYOR ATTEST: Page 29 of 30 New Text Underlined; [DELETED TEXT BRACKETED] ___________________________________ Sandra Modigh, City Clerk Introduced: *, 2015 Adopted: *, 2015 Effective: *, 2015 Page 30 of 30