HomeMy WebLinkAboutOrdinance No. 2870-2016Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 2870 -2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE SECTION 14.20.230 - HOME OCCUPATIONS, TO PROHIBIT
COMMERCIAL MARIJUANA ESTABLISHMENTS AS ALLOWED USES, AMENDING
KENAI MUNICIPAL CODE SECTION 14.20.320 - DEFINITIONS, TO ADD MARIJUANA
RELATED DEFINITIONS, ENACTING KENAI MUNICIPAL CODE SECTION 14.20.330 -
STANDARDS FOR COMMERCIAL MARIJUANA ESTABLISHMENTS, CREATING
STANDARDS FOR COMMERCIAL MARIJUANA ESTABLISHMENTS AND AMENDING
KENAI MUNICIPAL CODE SECTION 14.22.010 - LAND USE TABLE, TO ADD
COMMERCIAL MARIJUANA ESTABLISHMENT USES AND REGULATIONS AND MAKE
OTHER HOUSEKEEPING CHANGES.
WHEREAS, on November 4, 2014, the voters of the State of Alaska passed Ballot
Measure 2, an Act to Tax and Regulate the Production, Sale, and Use of marijuana,
codified as Alaska Statute 17.38; and,
WHEREAS, Alaska Statute 17.38.2 10 states in part that "a local government may enact
ordinances or regulations not in conflict with this chapter or with regulations enacted
pursuant to this chapter, governing the time, place, manner and number of marijuana
establishment operations "; and,
WHEREAS, the City of Kenai, as a home rule municipality, has the authority to provide
responsible Zoning Regulations that protect the public peace, health, safety and welfare;
and,
WHEREAS, the United States Department of Justice has issued guidance ( "the Cole
Memorandum ", dated February 14, 2014) describing eight marijuana- related federal
enforcement priorities, including "Preventing the distribution of marijuana to minors ";
and,
WHEREAS, the Planning and Zoning Commission held Work Sessions on: August 12,
2015; September 22, 2015; September 23, 2015 and October 28, 2015 to discuss
comments and concerns from the Citizens of Kenai, and Planning and Zoning
Commissioners regarding implementation of Ballot Measure 2 related to local zoning
issues; and,
WHEREAS, the City Council held work sessions on December 1, 2015 and December
17, 2015 to discuss the recommendations of the Planning and Zoning Commission; and,
WHEREAS, this ordinance is consistent with the federal Drug Free School Zone Act and
Colorado, Oregon and Washington buffer requirements providing a 1,000 foot buffer
around K -12 schools; and,
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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 Section 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 except for Marijuana Testing Facilities in the IL and IH zones which are consistent
with other permitted uses in these zones; 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 and doors, unless a non -rigid greenhouse or other
structure is specifically approved and enclosed by a sight obscuring wall or fence at
least six feet high to promote health and safety; 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, Standard and a 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,
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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 Section 14.20.230 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.20.230 - Home Occupations, is hereby amended as follows:
14.20.230 Home [OLccupations.
(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;
(5) Private schools with organized classes;
(6) Real estate office; and
(7) Restaurants.
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(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:
(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-
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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.
Section 3. Amendment of Section 14.20.320 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.20.320 - Definitions, is hereby amended as follows:
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.
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.
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"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.
"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.
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"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 [MMouse" 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, [Elpdsting" 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 [14fleight" 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.
"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
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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 Mariivana Store,
Mariivana Cultivation Facility Marijuana Product Manufacturing Facility, and
Mariivana 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 [ALAntenna" has the same meaning given in KMC 14.20.255.
"Communication [bower" 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.
"Crematory /[F]iuneral 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.
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"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 defmition 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.
"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.
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"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 [MJManufacturer /[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.
"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.
"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 MarUuana 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 Mariivana Establishment
license is issued and used controlled or operated by the Commercial Marijuana
Establishment to carry out the business for which it licensed.
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"Loading [S]S& ace" 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.
"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.
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but not to consumers.
"Marijuana Cultivation Facility, Limited" means an entity registered to cultivate in
an area of 500 square feet or less of cultivation prepare and package mariivana and to
"Marijuana Product Manufacturing Facility" means a state licensed fully enclosed
mariivana product manufacturing facilities and to retail marijuana stores, but not to
Mariivana 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.
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"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.
"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.
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Ordinance No. 2870 -2016
Page 14 of 25
"Planned [U]Unit [R]Residential [D]pevelopment" means an alternative method of
development of a residential neighborhood under more flexible conditions than
otherwise required in a specific zoning district.
"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.
"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
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.
"Recreation or Youth Center" means a building, structure, athletic playing field, or
Playground, run or created by a local government or the state to provide athletic,
recreational or leisure activities for minors, or operated by a public or private
organization licensed to provide shelter, training, or guidance for persons under 21
years of age.
"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 Marlivana Store" means a state licensed entity registered to purchase
mariivana from a mariivana cultivation facility, to purchase mariivana and marijuana
products from a mariivana manufacturing facility, and sell mariivana and mariivana
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.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2870 -2016
Page 15 of 25
"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 [1114ighway" means a right -of -way classified by the State of Alaska as a primary
or secondary highway.
"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.
"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.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2870 -2016
Page 16 of 25
"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.
"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.
"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 4. Enactment of Section 14.20.330 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.20.330 - Standards for Commercial Marijuana
Establishments, is hereby enacted 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
ll
ll
requirements in Kenai Municipal Code Section 14.20.280 except that notification
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2870 -2016
Page 17 of 25
ll
(0]
lll
W
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.
The preparation packaging manufacturing processing or storing of all
greenhouse with view obscuring rigid walls a roof and doors, unless a non -rigid
greenhouse or other structure is specifically approved in which case the
cultivation must be enclosed by a sight obscuring wall or fence at least sic feet
high.
L11 1,000 feet of any primary and secondary schools (K -12) and 500 feet of
Ll
recreation or youth centers correctional facilities, churches, and state
licensed substance abuse treatment facilities providing substance abuse
treatment; and,
establishment from other uses or available uses m the structure, or an
exterior wall if closer, to the outer boundaries of the school, recreation or
youth center, or the main public entrance of a church or correctional
facility, a substance abuse treatment facility providing substance abuse
treatment.
Except as otherwise provided for in this Section no Person or Licensee may
(GC) Education Zone (ED) or Central Mixed Use (CMU).
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2870 -2016
Page 18 of 25
L1
ll
bi
ll
A person or licensee may apply for a Conditional Use Permit to allow for a
with a principal permitted use.
Section 5. Amendment of Section 14 22.010 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.22.0 10 - Land Use Table, is hereby amended as follows:
14.22.010 LAND USE TABLE
KEY: P = Principal Permitted Use NOTE: Reference footnotes on following pages for
additional restrictions
C = Conditional Use
S = Secondary Use
N = Not Permitted
ZONING DISTRICTS
LAND USES
C
RR
RR -I
RS
RS-
1
R9-
2
RU
I CC I
CG
I IL I
1H
I ED
I R
TSH
LC I
CMU
RESIDENTIAL
One - Family Dwelling
C18
P
P
P
P
I P
I P
I P21
S'
S2
S2
C22
P
P
P
S'/C21
Two - ,Three - Family Dwelling
C'8
P
P
P
P
P
P
P2'
S'
C
C
C22
P
P
P
S' /C21
Four - Family Dwelling
C18
P
0,29
P
N
N
P
P21
S'
C
C
C22
N
P
C
St /C21
Five - ,Six - Family Dwelling
08
C3
N
P
N
N
P
P2'
S1
C
C
N
N
P
C
S' /C21
Seven - or More Family Dwelling
C18
C3
N
C3
N
N
P
P21
S'
C
C
N
N
P
C
S' /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'
C18
C
C29
C
C
C
C
C
C
C
C
N
C
C
C
C
Townhouses'
C18
C3
C3,29
C3
C3
C3
C3
C
C
C
C
C22
C
C
C
C
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2870 -2016
Page 19 of 25
Accessory Building on Parcel
Without Main Building or Use (See
KMC 14.20.200)
N
C
C ICIC
C I
C IN
IN
ININININIC
N
N
LAND USES
C
RR
RR -1
RS
RS- I
1
RS-
2
RU
CC
CG
IL I
IH I
ED I
R
TSH
LC I
CMU
COMMERCIAL
Automotive Sales
N
C I
N
N
N
N
C
P
P
P I
P I
N
N
N I
N I
P
Automotive Service Stations
N
C
N
N I
N
N
C
P
P
P I
P I
N
C
N I
N I
P
Bad
N
C
N
C
N
N
C
P
P
P I
C I
N
C
C I
C I
P
Business/Consumer Services
N
C
N
C
N
N
C
P
P
P I
C I
N
C
C I
C I
P
Marijuana Testine Facility 10
N
N
N
N
N
N
N
C
C
P 1
P I
N
N
N I
C I
C
Commercial Recreation
N
C
N
C
N
N
C
P
P
C I
C I
N
P
C I
C I
P
Guide Service
N
I C
I N
C
N
N
C
P
P
P I
P I
N
P
P
I C I
P
Hotels/Motels
N
C
I N
C
N
N
C
P
P
P
I C
I N
C
P
C
I P
Lodge
N
C
N
C
N
N
C
P
P
P
C
I N
P
P
C
P
Professional Offices
N
C
I C29
C
N
N
P
P
P
P
P
I N
C
P
P
P
Restaurants
N
C
N
C
N
N
C
P
P
P
C
I N
C
C
C
P
Marijuana Cultivation Facility.
Standard JO
N
—
C
—
CN
—
—
—
—
—
—
—
—
—
—
—
—
Mariivana Cultivation Facility.
Limited 10
N
—
C
—
C
—
C
—
C
—
C
—
C
—
N
—
C
—
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'°
N
N
N
N
N
N
N
N
C
C
C
N
N
N
C
C
Theaters
N
C
N
C
P
C
C
N
P
C
C
P
Wholesale Business
N
C
N
C
#NC
P
P
P
N
S24
C
C
N
LAND USES
C
RR
RR -1
RS
CG
IL
IA
ED
R
TSH
LC
CMU
INDUSTRIAL
Airports
P20
C
N
C
I N
N
C
C
C
C
C
N
C
N
N
C
Automotive Repair
N
C
N
C
I N
N
C
P
P
P
P
N
N
N
N
P
Gas Manufacturer /storage
N
N
N
C
N
N
N
I 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
N
—
N
—
N
—
N
—
N
—
N
N
—
N
_
C
_
C
—
C
—
N
—
N
—
N
N
N
Facility'
Mini - Storage Facility
N
C
N
C
N
N
C
C
P
P
P
N
N
N
C
C
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2870 -2016
Page 20 of 25
Storage Yard
N
C
N
C
N
N
C
C
P
P
P IN
IN
N
N I
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
III
ED
R
TSH
LC
CMU
PUBLIC/INSTITUTIONAL
Assisted living
C
C I
C
C I
C
C I
C I
C
C
C I
C
C
C
C I
C I
C
Churches*
C
Pto I
PIG
plo I
PIG
plo I
plo
plo
plo
C
C
P
plo
p
P
P
Clinics
C
C
N
C
C
C I
C I
P
P
P
C
C
C
C
P
P
Colleges*
C
C I
C29
C I
C
C
C I
P
P
C
C
P
C
C
C
P
Elementary Schools*
C
C
C29
C I
C
C
C
P
P
C
C
P
C
C
C
P
Goverrunental Buildings
C
C
C29
C
C
C
C
P
P
P
C
P
C
C
P
P
High Schools*
C
C
C29
C
I C
C
C
I P
P
C
C
P
C
C
C
P
Hospitals*
C
C
N
C
C
C
C
I P
P
P
C
I C
I C
I C
C
P
Libraries*
C
C
I C211
C
C
C
C
I P
P
P
C
P
I C
I P
I C
P
Museums
C
C
C29
C
C
C
C
P
P
P
C
C
P
Parks and Recreation
P
C
C29
C
C
C
C
P
P
P
P
JED
tRTSH
C
P
LAND USES
C
RR
RRI
RS
RS1
RS2
RU
CC
CG
IL
IH
LC
CMU
MISCELLANEOUS
Animal Boarding/Commercial
Kennel 13
C
C
N
C
I C
N
I N
I C
C
C
C
N
C
N
C
I C
Assembhes "(Large: Circuses, Fairs,
Etc.)
C
C
N
C
C
C
I C
Pu
pu
pls
Ply
P15
C
p
N
I Ple
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
I C
I N
N
Communications Towers &
Antenna(s), RadioflV Transmitters/
Cell Sites ** 21
P
C
I N
C
I C
C
I C
I P
P
P
P
P
C
C
C
C
Crematories/Funeral Homes
N
C
N
C
N
N
I C
I C
C
C
I C
N
C
C
C
C
Day Care Centers 12
C
C
C29
C
C
C
I C
P
P
P
C
C
C
C
P
P
DormitoriesBoarding 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
I P
P
P
P
P
P
P
P
P
P
Farmiag/GeneralAgriculture * **
P
P
N
N
N
N
N
N
N
N
P
N
P
N
N
N
Fraternal Organ zations/Private
Clubs/Social Halls and Union Halls
N
C
N
C
C
C
C
P
P
P
C
N
C
P
C
P
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2870 -2016
Page 21 of 25
GreenhouseVrreeNurseries'1
C
C
N
C
C
C I
C I
P
P I
P I
C
I N I
C
C I
C I
P
Gunsorthing, Taxidermy
N
C
N
C
C
C I
C
I P
P
P
P
I N I
C
P
P
I P
Nursing, Convalescent or Rest Homes
N
C
N
C
C
C
C
I P
P
C
C
I C
C
C
C
P
Parking, Public Lots "
C
C
N
C
C
C
C
C
C
C
C
C
C
C
C
C
Personal Services n
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
I 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 'r
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.
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;
New Text Underlined; [DELETED TEXT BRACKETED)
Ordinance No. 2870 -2016
Page 22 of 25
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.
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).
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2870 -2016
Page 23 of 25
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.
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)
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2870 -2016
Page 24 of 25
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
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 Mariivana Regulations Section 14 20 230 - Home Occupations, Section
14.20.320 - Definitions Section 14.20.330 - Standards for Commercial
Marijuana Establishments.
Section 6. Severabih : 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.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of
January, 2016.
New Text Underlined; [DELETED TEXT BRACKETEDJ
Ordinance No. 2870 -2016
Page 25 of 25
AT PORTER, MAYOR
Introduced: January 6, 2016
Enacted: January 20, 2016
Effective: February 19, 2016
New Test Underlined; [DELETED TEXT BRACKUI GUJ
M
'"Villaye with a Past, Gi�y with a Future fl
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / Fax: 907- 283 -3014
www.kenai.city
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15 -30
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, ALASKA
AMENDING KENAI MUNICIPAL CODE CHAPTER 14.20.230 — HOME
OCCUPATIONS, TO PROHIBIT COMMERCIAL MARIJUANA ESTABLISHMENTS AS
ALLOWED USES, AMENDING KENAI MUNICIPAL CODE CHAPTER 14.20.320 —
DEFINITIONS, TO ADD MARIJUANA RELATED DEFINITIONS, ENACTING KENAI
MUNICIPAL CODE CHAPTER 14.20.330 - STANDARDS FOR COMMERCIAL
MARIJUANA ESTABLISHMENTS, CREATING STANDARDS FOR COMMERCIAL
MARIJUANA ESTABLISHMENTS AND AMENDING KENAI MUNICIPAL CODE
CHAPTER 14.22.010 — LAND USE TABLE, TO ADD COMMERCIAL MARIJUANA
ESTABLISHMENT USES AND REGULATIONS AND MAKE OTHER HOUSEKEEPING
CHANGES.
WHEREAS, on November 4, 2014, the voters of the State of Alaska passed Ballot
Measure 2, an Act to Tax and Regulate the Production, Sale, and Use of marijuana,
codified as Alaska Statute 17.38; and,
WHEREAS, Alaska Statute 17.38.110 states in part that "a local government may enact
ordinances or regulations not in conflict with this chapter or with regulations enacted
pursuant to this chapter, governing the time, place, manner and number of marijuana
establishment operations'; and,
WHEREAS, the City of Kenai is the "local regulatory authority" pursuant to Alaska
Statute 17.38 as well as the local zoning authority; and,
WHEREAS, the City of Kenai, as a home rule municipality, has the authority to provide
responsible Zoning Regulations that protect the public peace, health, safety and
welfare; and,
WHEREAS, the United States Department of Justice has issued guidance ( "the Cole
Memorandum ", dated February 14, 2014) describing eight marijuana - related federal
enforcement priorities, including `Preventing the distribution of marijuana to minors ";
and,
WHEREAS, the Planning and Zoning Commission held Work Sessions on: August 12,
2015; September 22, 2015; September 23, 2015 and October 28, 2015 to discuss
comments and concerns from the Citizens of Kenai, and Planning and Zoning
Commissioners regarding implementation of Ballot Measure 2 related to local zoning
issues; and,
WHEREAS, this Ordinance is consistent with Alaska Statute 11.71.040 requiring the
buffering of Controlled Substances within 500 feet of School Grounds and Recreation or
Youth Centers; and,
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 Accessories, 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,
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,
NOW, THEREFORE, BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF
KENAI, ALASKA, THAT KENAI MUNICIPAL CODE OF ORDINANCES, CHAPTER
14.20.230 — HOME OCCUPATIONS, BE AMENDED TO PROHIBIT COMMERCIAL
MARIJUANA ESTABLISHMENTS AS ALLOWED USES; AMEND KENAI MUNICIPAL
CODE CHAPTER 14.20.320 — DEFINITIONS, TO ADD MARIJUANA RELATED
DEFINITION; ENACT KENAI MUNICIPAL CODE CHAPTER 14.20.330 - STANDARDS
FOR COMMERCIAL MARIJUANA ESTABLISHMENTS, CREATING STANDARDS
FOR COMMERCIAL MARIJUANA ESTABLISHMENTS; AND AMEND KENAI
MUNICIPAL CODE CHAPTER 14.22.010 — LAND USE TABLE, TO ADD
COMMERCIAL MARIJUANA ESTABLISHMENT USES AND REGULATIONS AND
MAKE OTHER HOUSEKEEPING CHANGES AS SHOWN IN ATTACHMENT "A ".
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 10TH DAY OF NOVEMBER, 2015.
4
CHAIRPERSON: ATTEST:
WTt, airperson
LWA
"Villaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
www.kenai.city
MEMORANDUM
TO: Mayor Porter and Council Member
FROM: City Attorney, Scott Bloom
DATE: December 30, 2015
SUBJECT: Amendments to Ordinance No. 2870 -2016 Commercial Marijuana
Establishments
On December 17, 2015 the Kenai City Council met in a work session. The following
amendments were discussed at the work session and are provided to Council should any
Council Member wish to move one or more:
1. Remove regulations regarding "Marijuana Accessories." The purpose for this
amendment is to remove the regulation of marijuana accessories from the Ordinance, which
is largely unnecessary and unintentionally affects existing businesses selling tobacco
products and accessories. The following amendments accomplish this:
Amend Ordinance 2870 -2016 by deleting the definition of "Marijuana Accessories"
provided in Section 3 under KMC 14.20.320(b) — Definitions (Page 12). Delete the words
"Marijuana Accessories" from Section 4 in 14.20.330(d) — Standards for Commercial
Marijuana Establishments (Page 17). In the 14th "WHEREAS" clause, delete the words
"Marijuana Accessories" (Page 2).
2. Amend Section 4 of the Ordinance, KMC 14.20.330(d) — Standards for Commercial
Marijuana Establishments (Page 17), to remove the prohibition on growing in a non -rigid
greenhouse and/or outdoors as follows (new language in bold):
The rg owing cultivating preparation packaging manufacturing, processing or
storing of all Mariivana Marijuana Accessories 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, unless a non -rigid
greenhouse other structure or outdoor cultivation is specifically approved, in
which case the cultivation must be ^ G-eepheuse nRt w.. enclosed by a sight
obscuring wall or fence at least six feet high.
Mayor Porter and City Councilors
December 30, 2015
Page 2 of 7
If this amendment is made, the 14th and 15th "WHEREAS" clauses should be amended
for consistency as follows:
WHEREAS, the growing, cultivation, preparation, packaging, manufacturing, processing
or storing of all Marijuana, Marijuana Accessories, 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 and doors, unless a non -rigid
greenhouse or other structure or outdoor cultivation is specifically approved and
enclosed by a sight obscuring wall or fence at least six feet high to promote health and
safety; and,
ene1 db J a 1. b a C it a4least si* feet high, to re-duee H .l
health,, safety and v elfike; afld.,
3. Amend Section 4 of the Ordinance, KMC 14.20.330(f)(1) and (2) - Standards for
Commercial Marijuana Establishments, (Pages 17 and 18) to change the buffers. The
various options discussed area as follows:
a. Amend KMC 14.20.330(f)(1) (Pages 17 and 18) to read:
"(1) 500 feet of 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 recreation or youth centers
ls parks.
^
. adult e «:le correctional facilities and churches,c. ^' ^'rnacc- iiC°cirSc'tr
SHbstaijee ab ...eatfl-efit
st�r0.liFensed- Flinir�c�vidin�rrbs #anFP- a1j »srt�e�t•�•��.r>z�' -,-mod u,,....: «�
L a li •taac- QNN%ed by a Public HeusifigAiAerity with Ghildfea as Rest le «4... and,"
This amendment more closely mirrors the State regulations and should include a further
amendment, the addition of a definition in Section 2 of the Ordinance in KMC 14.20.320
- Definitions, (Pages 14 and 15) for "Recreation or Youth Centers" which are defined
under the proposed MCB regulations as:
A building, structure, athletic playing field, or playground run or created by
a local government or the state to provide athletic, recreational, or leisure
activities for minors; or operated by a public or private organization licensed
to provide shelter, training, or guidance for persons under 21 years of age.
Mayor Porter and City Councilors
December 30, 2015
Page 3 of 7
The proposed amendment above would also accommodate the deletion of the following
Definitions in 14.20.320: "Housing Facility Owned by a Public Housing Authority with
Children as Residents;" (Page 10) "Playground;" (Page 14) "Swimming Pool" (Page 16)
and "Youth Center" (Page 16).
It should be further noted that the City's definition of "Church" (Page 7) is different from
the Marijuana Control Board regulations which uses the phrase "a building in which
religious services are regularly conducted." The State's language would control over the
City's if the States can be applied more broadly.
b. Amend KMC 14.20.330(f)(1) (Pages 17 and 18) to read:
"(1) 1000 feet of any primary and secondary schools (K -12) and 500 feet of
any or-ighwy and a ebeels -(K 12) iinehgli g vocational programs, post-
secondary schools including but not limited to trade, technical, or vocational
schools colleges and universities, 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."
Option (a) and Option (b) combined would read as follows:
c. Amend KMC 14.20.330(f)(1) (Pages 17 and 18) to read:
"Y1)" 1000 feet of anv primary and secondary schools (K -12) and 500 feet of
any vocational programs post - secondary schools including but not limited to trade,
technical or vocational schools colleges and universities, recreation or youth
centers a_, out, entefs lie r
als adtAt and itiven ,, correctional facilities and churches,State
nubli,, u,,.,. ine n uts,,....ky with Ghil re„ as
Res � and,"
Options (b) and (c) above require the amendment of the last "WHEREAS" on Page 1 of
the Ordinance as follows:
WHEREAS, this Ordinance is consistent with the federal Drug Free School Zone Act
and Colorado, Oregon and Washington buffer requirements Alaska St t..te 1 .71.040
ne,.- ,.,.6en Yeu4h renters providing a 1000 foot buffer around K -12 schools; and,
Mayor Porter and City Councilors
December 30, 2015
Page 4 of 7
Council also discussed amending the method for measuring buffer distances. The current
Ordinance in KMC 14.20.330(f)(2) (Page 18) provides for a property line to property line
measurement as the crow flies. I recommend that if the current buffer measurement
remains, we amend it to read:
"(2) Buffer distances shall be measured by the shortest lineal distance from
property line to prop= 1
Proposed state regulations provide: "The distance ........must be measured by the 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." It is my opinion that the state's buffer measurement method is
problematic, open to interpretation and differences of opinion and may result in unintended
results and litigation. While the method of measurement recommended by P &Z is
straightforward, Council discussed the following, more business friendly approach which
would replace KMC 14.20.330(f)(2) (Page 18) in its entirety with the following
amendment:
d. "(2) Buffer distances are measured as the closest distance from the perimeter of a
stand -alone commercial marijuana establishment structure to the property line of
the property use being buffered from. If the commercial marijuana establishment
ocMies only a portion of a structure buffer distances are measured as the closest
distance from the perimeter of the closest interior wall segregating the commercial
marijuana establishment from other uses, or available uses in the structure, or an
exterior wall if closer, to the property line of the property use being buffered from."
4. Council discussed amending the proposed land use table in Section 5 of the
Ordinance (Pages 18 -21) The changes discussed were permitting Marijuana Testing
Facilities in the IL and IH zones, and allowing by Conditional Use other Commercial
Marijuana Establishments in the CC zone, as follows (shown in bold and in red):
Mayor Porter and City Councilors
December 30, 2015
Page 5 of 7
14.22.010 LAND USE TABLE
KEY: P = Principal Permitted Use NOTE: Reference footnotes on following pages for
C = Conditional Use additional restrictions
S = Secondary Use
N = Nqt Permitted
ZONING DISTRICTS
LAND USES
C
RR
RR -1
RS
RS-
1
RS-
2
RU
I CC
CG
IL
IH
ED
I R
I TSH
LC
I CMU
RESIDENTIAL
One - Family Dwelling
C18
p
p
p
p
p
p
p21
S+1
S2
S2
C22
p
p
p
SI /C21
Two - ,Three - Family Dwelling
CIS
P
P
P
P
P
P
p21
Sl
C
C
C22
P
P
P
SI /C21
Four - Family Dwelling
Clg
p
C3,29
p
N
N
p
p21
Sl
C
C
0
N
P
C
Sl/C21
Five - ,Six - Family Dwelling
C"
C3
N
P
N
N
P
P21
S
C
C
N
N
P
C
Sl /C21
Seven -or More Family Dwelling
CIS
C3
N
C3
N
N
P
P21
SI
C
C
N
N
P
C
Sl /C21
Mobile Home Parks_'
N
C
N
C
C
C
C
C
C
C
C
N
C
C
C
C
Planned Unit Residential
Development 7
Cis
C
C29
C
C
C
C
C
C
C
C
I N
C
C
C
C
Townhouses4
Cis
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 i0
N
N
N
N
N
N
N
C
C
P
P
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
T
C
N
N
C
P
P
P
P
NIP
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
Mayor Porter and City Councilors
December 30, 2015
Page 6 of 7
Professional Offices
N
I C
C29
C
I N
I N
I P
P
P
I P
P
N
C
P
I P
P
Restaurants
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
Marijuana Cultivation Facility,
N
—
C
—
C
—
C
—
C
—
C
—
C
—
C
—
N
—
C
—
C
—
N
—
N
—
N
—
C
—
N
—
Indoor Standard 30
Mariivana Cultivation Facility.
N
—
C
—
C
—
C
—
C
—
C
—
C
—
C
—
N
—
C
—
C
—
N
—
N
—
N
—
C
—
N
—
Indoor limited 30
Retail Business
N26
C
N
C
N
N
C
P
P
P
P
S24
S24
C
C
P
Retail Marijaaaz Stoic' 0
N
N
N
N
N
N
N
C
N
C
C
N
N
N
C
N
Theaters
N
C
N
C
N
N
I C
I P
P
C
C
N
P
C
C
P
Wholesale Business
N
C
N
C
N
N
I C
I C
P
P
P
N
S24
C
C
N
Mari juana 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
TS
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
Mariivana Product Manufacturing
N
—
N
—
N
—
N
—
N
—
N
—
N
—
C
—
N
—
C
—
C
—
N
—
N
—
N
—
N
—
N
—
Facility 30
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 I
C I
N
N
N
Allowing testing facilities as a permitted use in the IL and IH zones would require the
amendment of the 13th "WHEREAS" clause on page two of the Ordinance as follows:
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 except for Marijuana Testing Facilities in the IL and IH zones which are
consistent with other permitted uses in these zones; and,
Mayor Porter and City Councilors
December 30, 2015
Page 7 of 7
5. I recommend amending the Ordinance to remove all references to Marijuana
Cultivation Broker Facilities, which are not an available license type in the final proposed
regulations. This amendment requires deleting the references to Marijuana Brokerage
Facilities, from Section 3 of the Ordinance in KMC 14.20.320 — Definitions (Page 12), as
follows:
"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 Testing Facilities, but not to consumers.
And amending Section 4 of the Ordinance establishing 14.20.330 - Standards for
Commercial Marijuana Establishments by removing the reference in subsection (k) (Page
18) as follows:
A Marijuana Cultivation Facility, Indoor Standard, or Marijuana Cultivation Facility,
Indoor Limited-.-er� Mariitiafia Gtihivafien B° aeihb -E = shall only be allowed
on a Lot which has an existing structure consistent with a principal permitted use.
Finally, Section 5, of the Ordinance should be amended to remove "Marijuana Cultivation
Broker Facility, Indoor" from the Land Use Table in KMC 14.22.010 (Page 20).
YAOrdinances & Resolutions \Ordinances\2016\2015 1222 Amendment Memo For Marijuna Ordinance.docx
-may
And amending Section 4 of the Ordinance establishing 14.20.330 - Standards for
Commercial Marijuana Establishments by removing the reference in subsection (k) (Page
18) as follows:
A Marijuana Cultivation Facility, Indoor Standard, or Marijuana Cultivation Facility,
Indoor Limited-.-er� Mariitiafia Gtihivafien B° aeihb -E = shall only be allowed
on a Lot which has an existing structure consistent with a principal permitted use.
Finally, Section 5, of the Ordinance should be amended to remove "Marijuana Cultivation
Broker Facility, Indoor" from the Land Use Table in KMC 14.22.010 (Page 20).
YAOrdinances & Resolutions \Ordinances\2016\2015 1222 Amendment Memo For Marijuna Ordinance.docx
u
"KIlaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014
www.kenai.city
MEMORANDUM
TO: Mayor Porter and Council Members
FROM: City Attorney, Scott Bloom
DATE: December 30, 2015, updated January 14, 2016
SUBJECT: Amendments to Ordinance No, 2670 -2016 Commercial Marijuana
Establishments
On December 17, 2015 the Kenai City Council met in a work session to discuss land use
regulations regarding commercial marijuana businesses. Council also briefly discussed
potential amendments to Ordinance No. 2870 -2016 during the Attorney's report at the
January 6, 2016 Council Meeting. The following amendments discussed throughout the
process and are provided to Council should any Council Member wish to move one or
more:
1. Remove regulations regarding "Marijuana Accessories." The purpose for this
amendment is to remove the regulation of marijuana accessories from the Ordinance, which
is largely unnecessary and unintentionally affects existing businesses selling tobacco
products and accessories. The following amendments accomplish this:
Amend Ordinance 2870 -2016 by deleting the definition of "Marijuana Accessories"
provided in Section 3 under KMC 14.20.320(6) — Definitions (Page 12). Delete the words
"Marijuana Accessories" from Section 4 in 14.20.330(d) — Standards for Commercial
Marijuana Establishments (Page 17). In the 14th "WHEREAS" clause, delete the words
"Marijuana Accessories" (Page 2).
2. Amend Section 4 of the Ordinance, KMC 14.20.330(d) — Standards for Commercial
Marijuana Establishments (Page 17), to remove the prohibition on growing in a non -rigid
greenhouse and /or outdoors and make the language more readable as follows (new
language in bold):
The eFeyAnez eultivatinR preparation, packaging, manufacturing. processing or
storing of all Mariivana, Marijuana Accessories, Marijuana Concentrate or Mariivana
Products shall must be conducted within a fully enclosed secure indoor facility. The
growine and cultivatima of marijuana must be conducted within a fully enclosed
Mayor Porter and City Councilors
December 30. 2015, updated January 14, 2016
Page 2 of 7
secure indoor facility or greenhouse with view obscuring rigid walls, a roof and doors,
unless a non - rigid greenhouse, other structure or outdoor cultivation is
specifically approved, in which case the cultivation must be.
be enclosed by a sight obscuring wall or fence at least six feet high,
If this amendment is made, the 14th and 75th "WHEREAS" clauses should be amended
for consistency as follows:
WHEREAS, the growing, cultivation, preparation, packaging, manufacturing, processing
or storing of all Marijuana, Marijuana Accessories, 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 and doors, unless a non -rigid
greenhouse or other structure or outdoor cultivation is specifically approved and
enclosed by a sight obscuring wall or fence at least six feet high to promote health and
safety: and,
3. Amend Section 4 of the Ordinance, KMC 14.20.330(f)(1) and (2) - Standards for
Commercial Marijuana Establishments, (Pages 17 and 18) to change the buffers. The
various options discussed area as follows:
a. Amend KMC 14.20.330(f)(1) (Pages 17 and 18) to read:
"(1) 500 feet of anv 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. recreation or youth centers
f)eA'° adak arA i °-tile correctional facilities. and churches, licensed
Faei4ities n... ed by „ n l u .. n,..ti : «. . ;.t Chdd..eH as no..; to.... and,"
This amendment more closely mirrors the State regulations and should include a further
amendment. the addition of a definition in Section 2 of the Ordinance in KMC 14.20.320
- Definitions, (Pages 14 and 15) for "Recreation or Youth Centers" which are defined
under the proposed MCB regulations as:
A building, structure, athletic playing field, or playground run or created by
a local government or the state to provide athletic, recreational, or leisure
Mayor Porter and City Councilors
December 36, 2015. updated January 14.2016
Page 3 of 7
activities for minors; or operated by a public or private organization licensed
to provide shelter, training; or guidance for persons under 21 years of age.
The proposed amendment above would also accommodate the deletion of the following
Definitions in 14,20.320: "Housing Facility Owned by a Public Housing Authority with
Children as Residents;" (Page 10) "Playground;" (Page 14) "Swimming Pool" (Page 16)
and "Youth Center" (Page 16).
It should be further noted that the City's definition of "Church" (Page 7) is different from
the Marijuana Control Board regulations which uses the phrase "a building in which
religious services are regularly conducted." The State's language would control over the
City's if the States can be applied more broadly.
b. Amend KMC 14.20.330(f)(1) (Pages 17 and 18) to read:
"(1) 1000 feet of anypriman and secondary schools (K -12) and 500 feet of
any imiEnary tid seeefidai-vseheels (K 424 ineludif,•• vocational programs. post -
secondary schools including but not limited to trade, technical, or vocational
schools, colleges and universities, &vgrounds, parks, youth centers, licensed day
care centers, public swimming pools, adult and iuvenile correctional facilities,
churches, State licensed substance abuse treatment provider or facility uroviding
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,"
Option (a) and Option (b) combined would read as follows:
c. Amend KMC 1420.330(t)(1) (Pages 17 and 18) to read:
"(1)" 1000 feet of anv Primary and secondary schools (K -12) and 500 feet of
any vocational programs, post - secondary schools including but not limited to trade,
technical, or vocational schools. colleges and universities, recreation or vouth
centers ,eds arks ouch eente. , eeflsed ,,o,, eafe e..,o..s. ett- :.,
el add• ' and itivenile correctional facilities, and churches, ,State
Ht
Rest , and,"
Options (b) and (c) above require the amendment of the last "1VHEREAS" on Page I of
the Ordinance as follows:
Mayor Porter and City Councilors
December 30. 2015, updated January 14.21016
Page 4 of 7
WHEREAS, this Ordinance is consistent with the federal Drug Free School Zone Act
and Colorado, Oregon and Washington buffer requirements Alaska Statute I1 7' pen
providing a 1000 foot buffer around K -12 schools; and,
Council also discussed amending the method for measuring buffer distances. The current
Ordinance in KMC 14.20.330(f)(2) (Page 1 fl) provides for a property line to property line
measurement as the crow flies. I recommend that if the current buffer measurement
remains, we amend it to read:
d. "(2) Buffer distances shall be measured by the shortest lineal distance
from property line to property line."
ine."
Proposed state regulations provide: "The distance ........must be measured by the 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." It is my opinion that the state's buffer measurement method is
problematic, open to interpretation and differences of opinion and may result in unintended
results and litigation. While the method of measurement recommended by P&Z is
straightforward, Council discussed the following, more business friendly approach which
would replace KMC 14.20.330(f)(2) (Page 18) in its entirety with the following
amendment:
e. "(2) Buffer distances shall be measured as the closest distance from the
perimeter of a stand -alone commercial marijuana establishment structure to
the property line of the property use being buffered from. If the commercial
mariivana establishment occupies only a portion of a structure, buffer
distances are measured as the closest distance from the perimeter of the
closest interior wall se reeati,, the commercial marijuana establishment
from other uses, or available uses in the structure, or an exterior wall if closer,
to the property line of the property use being buffered from"
Another option discussed is to amend the proposed ordinance to mirror the state regulations
as follows:
f. Buffer distances shall be measured by the 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 a church. or correctional facility.
Mayor Porter and City Councilors
December 30, 2015, updated Iamlary 14, 2016
Page 5 of
4. Council discussed amending the proposed land use table in Section 5 of the
Ordinance (Pages 18 -21) The changes discussed were permitting Marijuana Testing
Facilities in the IL and IH zones, and allowing by Conditional Use other Commercial
Marijuana Establishments in the CC and CG zones, as follows (shown in bold and in
red):
14.22.0101,AND USE TABLE
KEY: P= Principal Permitted Use NOTE: Reference fooumcs on following pabns for
C = Conditional Use additional restrictions
S = Secondary Use
N = Not Permitted
ZONING DISTRICTS
LAND USES
C
RR
RR -1
RS
RS-
1
RY
2
R1
I CC
CG
iL
lH
ED
R
TS
LC
I CMU
RESIDENTIAL
One - Family Dwelling
08
P
I P
P
P
P
I P
P2'
SI
S2
S2101
P
I P
P
S' /C21
Two- .ThtwFamilyDwelling
C'S
P
P
P
P
P
P
P21
S'
C
C
C22
P
P
P
S' /C21
Four - Family Dwelling
C18
P
N
P
p2l
Sl
C
C
C22
N
P
C
S' /C2'
Five- ,Six - Family Dwelling
Cl8
C3
N
P
P2'
S'
C
C
N
N
P
C
S1 /C*21
Sevens- or More Family. Dwelling
C 18
C3
N
P
P"
S'
C
C
N
N
P
C
S' /C21
Mobile Horne Parks"
N
C
C
C
C
C
C
C
N
C
C
C
C
Manned Unit Residential
Development'
C 18
C
JIRS
C
C
C
C
C
C
N
C
C
C
C
Townhouses
C18
C3
C3
C3
C
C
C
C
C21
C
C
C
C
Accessary Building on Panet
1MitboulMain Building or Use (Sec KMC 14,20,2(1))
N
C
C
C
N
N
N
N
N
N
C
N
N
LAND USES
C
RR
RS-
2
RIl
CC
CG
IL
I!1
ED
R
TSH
LC
CMtt
COMMERCLIL
Automotive Sales
N
N
N
C
P
P
P
P
N
N
N
N
P
Autmmnivc Service Stations
N
N
N
C
P
P
P
P
N
C
N
N
P
Ba„ ks
N
INN
N
N
C
P
P
P
C
N
C
C
C
N
N
N
C
P
P
P
C
N
C
C
C
J�c
MaeiiaarcaTesOnaFacility,
N
N
N
N
C
C
P
P
N
N
N
C
Mayor Porter and City Councilors
December 30, 2015, updated January 14, 2016
Page 6 of 7
Commercial Recreation
N
C
N
C
N
N
C
I P
I P
C
C
N
I P
I C
C
I P
Guideservice
N
C
N
C
N
N
C
P
I P
P
P
N
P
P
C
P
Hotewmo(els
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
I C
I N
I P
P
C
P
Professiornal offices
N
C
C29
C
N
N
P
P
P
P
P
N
C
P
P
P
Rastaumms
N
C
N
C
N
N
C
P
P
P
C
N
C
C
P
Man tnum Cultivation Facility
N
—
C
—
C
—
C
—
C
—
C
—
C
—
C
—
C
—
C
—
C
—
N
—
N
—
C
N
Indmi Standard'P
Mat uanaCultivationFacilnv.
N
—
C
—
C
C
—
C
—
C
—
C
—
C
C
C
C
C
N
-
N
-
I
C
—
N
Indoor Gmiled'°
Retail Busluesa
N26
C
N
C
N
N
C
P
P
P
P
S24
S24
C
P
Retail Mal ittana slow "'
N
N
N
N
N
N
N
C
C
C
C
N
I N
N
C
N
Th°tM.
N
C
N
C
N
N
C
P
P
C
C
N
P
C
C
P
wholmilc Busirwss
N
C
N
C
N
N
C
C
P
P
P
N
.S'24
C
C
N
Marrimana Cultivation Broker
Facility. Indoor •,:
N
—
N
—
N
—
N
—
N
—
N
—
N
—
N
—
N
C
—
C
—
N
N
N
C
N
LAND USES
C
RR
BR-)
I RS
d
2
RU
CC
CC
IL
IH
ED
R
TSR
LC
CMII
I11DUSTRIAL
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 I
N
N
N
N
Manufacturdngtfabncating 'Assembly
N
C
N
C
N
N
C
C
P
P
P
N
C
C
N
C
Marijuana Product Manufactudne
N
—
N
—
N
—
N
—
N
—
N
—
N
—
C
—
C
—
C
—
C
—
N
—
N
—
N
—
N
N
Facilav "'
Mini-Storap 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 I
C
C
P
P
P
N
N
N
N
C
Warehouses
N
C
N
C
N
N
C
Nt
P
P
P
N
C
N
N
N
Allowing testing facilities as a permitted use in the IL and IH zones would require the
amendment of the 13th "WHEREAS" clause on page two of the Ordinance as follows:
WHEREAS, Commercial Marijuana Establishments should only be allowed by
Conditional Use subject to the provisions of Kenai Municipal Code Section 14.20.150 to
Mayor Porter and City Councilors
December 30, 2015, updated January 14, 2016
Page 7 of
allow the Planning & Zoning Commission to evaluate each establishment to ensure
consistency with Commercial Marijuana Regulations and the goals of the Kenai Zoning
Code except for Marijuana Testing Facilities in the IL and IH zones which are
consistent with other permitted uses in these zones; and,
5. I recommend amending the Ordinance to remove all references to Marijuana
Cultivation Broker Facilities, which are not an available license type in the final proposed
regulations. This amendment requires deleting the references to Afaryuana Brokerage
Facilities•, from Section 3 of the Ordinance in KMC 1420.320 — Definitions (Page 12), as
follows:
"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, Mariivana Products Manufacturing Facilities. Ma
Breltefaee Mariivana Testing Facilities, but not to consumers.
• Kxir±
And amending Section 4 of the Ordinance establishing 14.20.330 - Standards for
Commercial Mariivana Establishments by removing the reference in subsection 0) (Page
18) as follows:
A Mariivana Cultivation Facility, Indoor Standard, or Marijuana Cultivation Facility.
Indoor Limited-o". shall only he allowed
on a Lot which has an existinlr structure consistent with a mincipalllermitted use.
Finally, Section 5, of the Ordinance should be amended to remove "Marijuana Cultivation
Broker Facility, Indoor" from the Land Use Table in K'MC 14.22.010 (Page 20).
YAOrdinances & Resolution ,tOrdinamest,2016t2415 1222 Amendmem Memo For Marijuna Ordinauce.doex
WWWWWWWWW&MMINCO!
-
. e.
And amending Section 4 of the Ordinance establishing 14.20.330 - Standards for
Commercial Mariivana Establishments by removing the reference in subsection 0) (Page
18) as follows:
A Mariivana Cultivation Facility, Indoor Standard, or Marijuana Cultivation Facility.
Indoor Limited-o". shall only he allowed
on a Lot which has an existinlr structure consistent with a mincipalllermitted use.
Finally, Section 5, of the Ordinance should be amended to remove "Marijuana Cultivation
Broker Facility, Indoor" from the Land Use Table in K'MC 14.22.010 (Page 20).
YAOrdinances & Resolution ,tOrdinamest,2016t2415 1222 Amendmem Memo For Marijuna Ordinauce.doex