HomeMy WebLinkAboutResolution No. PZ2015-30M
"Villaye with a Past, Ci� with a Future"
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.
CHAIRPERSON: ATTEST:
J T t, airperson
t
ATTACHMENT A
CITY OF KENAI
ORDINANCE NO. * -2015
Sponsored by:
AN ORDINANCE OF 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,
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 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,
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 Chanter 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;
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:
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 [blBuilding" 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.
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]Official0° 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 [1]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.
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.
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.
New Text Underlined; [DELETED TEXT BRACKETED]
"Crematory /[i]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- [i]Family" means any detached building containing only one (1)
dwelling unit.
"Dwelling, [t]Iwo- [i]Family" means any building containing only two (2) dwelling
units.
"Dwelling, [m]Multiple- [1]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.
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 [1]1!evel)" 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.
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 [1]Line, [i]Front- [c]Corner [1]Lot" means the shortest street line of a corner lot.
"Lot [1]Line, [i]Front- [i]Interior [1]Lot" means a line separating the lot from the street.
"Lot [1]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 [1]Line, [s]Side" means any lot boundary line not a front lot line or a rear lot line.
New Text Underlined; [DELETED TEXT BRACKETED]
"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 /[i]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.
combined with marijuana to prepare topical or oral administrations food drink or
other products.
"Marijuana Accessories" means any equipment products or materials of any kind
which are used, intended for use or designed for use in planting propagating
cultivating, growing harvesting composting manufacturing compounding
converting producing processing preparing testing analyzing packaging repacking
storing, vaporizing, or containing marijuana or for ingesting inhaling or otherwise
introducing marijuana into the human body.
"Marijuana Concentrate" means resin, oil wax or any other substance derived from
the marijuana plant by any method which isolates the Tetrahvdrocannabinol (THC)
bearing resins of the plant.
Facilities, Marijuana Products Manufacturing Facilities Mariivana Brokerage
Facilities, Marijuana Testing Facilities, but not to consumers
not exceed 10,000 square feet.
"Marijuana Cultivation Facility, Indoor Limited" means a state licensed fully
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.
New Text Underlined; [DELETED TEXT BRACKETED]
"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
reports and paving 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.
"Mariivana Products" means concentrated mariivana and marijuana products that
are comprised of Mariivana 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 Marijuan a
and Mariivana Products.
"Mini- [s]Storage [i]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]Nome [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]liome" 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.
New Text Underlined; [DELETED TEXT BRACKETED]
"Nonconforming [1]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 [1]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 aaDurtenant
reererooaras.
New Text Underlined; [DELETED TEXT BRACKETED]
"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.
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 Mariivana Store" means a state licensed entity registered to purchase
mariivana from a marijuana cultivation facility, to purchase mariivana 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.
New Text Underlined; [DELETED TEXT BRACKETED]
"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.
"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 or private recreational 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.
"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.
New Text Underlined; [DELETED TEXT BRACKETED]
"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 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
Municipal Code Section 14.20.150.
New Text Underlined; [DELETED TEXT BRACKETED]
ll A Public Hearing shall be scheduled before the Planning and Zoning Commission
requirements in Kenai Municipal Code Section 14.20.280, except that notification
proposed action.
(d) The growing cultivating preparation packaging manufacturing processing or
storing of all Marijuana, Mariivana Accessories Mariivana Concentrate or
Marijuana Products shall be conducted within a fully enclosed secure indoor
high.
(e) All Commercial Marijuana Establishments shall not emit an odor that is
detectable by the public from outside the Commercial Marijuana Establishment
IMI
(1)
mousing racnines Uwned by a Public Housing Authority with Children as
Residents; and,
(2) Buffer distances shall be measured from property line to property line
(hh) Except as otherwise provided for in this Section no Person or Licensee may
construct, build, operate or otherwise develop a Commercial Mariivana
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)
ll 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 (CO., General Commercial (GC) or Central Mixed Use (CMU) zones
New Text Underlined; [DELETED TEXT BRACKETED]
f a On Lots of forty thousand (40,000) square feet or greater in size and zoned Rural
ll
ll
defined by Alaska State Law.
allowed on a Lot which has an existing structure consistent with a principal
permitted use.
1�.GY.uzu —
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.
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 NOTE: Reference footnotes on following pages for additional
C = Conditional Use restrictions
S = Secondary Use
N = Not Permitted
ZONING DISTRICTS
LAND USES
C
RR
RR -1
RS
RS -1
RS -2
RU
CC
CG
IL
IH
ED
R
TSH
I LC
CMU
RESIDENTIAL
One - Family Dwelling
C18
P
P
P
P
P
P
p2l
SI
S2
S2
C22
P
P
P
SI /C21
Two-,Three- Family Dwelling
Cle
p
p
p
p
p
p
p2l
SI
C
C
C22
P
P
P
SI /C21
Four - Family Dwelling
08
P
C3'29
P
N
N
P
P21
SI
C
C
C22
N
P
C
SI/C21
Five- ,Six - Family Dwelling
CI$
C3
N
N
P
p2l
S'
C
C
N
N
P
C
SI /C21
Seven -or More Family Dwelling
Cie
C3
*NC
N
N
P
P21
SI
C
C
N
N
P
C
Si/C21
Mobile Home Parks 6
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
G22
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
New Text Underlined; [DELETED TEXT BRACKETED]
LAND USES
C
RR
RR -1
RS
RS -1
RS -2
RU
I CC
CG
IL
IH
I ED
R
TSH
LC
CMU
COMMERCIAL
Automotive Sales
N
C
N
N
N
N
C
P
P
P
P
N
N
N
N
I 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
Mariivana Testing Facility
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
Restaurants
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
Mariivana Cultivation Facility.
N
—
C
—
C
—
C
—
C
—
C
—
C
—
N
—
N
—
C
—
C
—
N
—
N
N
C
N
—
Indoor Standard '°
Manivana Cultivation Facility,
N
—
C
—
C
—
C
—
C
—
C
—
C
—
N
—
N
—
C
—
C
—
N
N
N
C
—
N
—
Indoor Limited 10
Retail Business
N26
C
N
C
N
N
C
P
P
P
P
S24 S24
C
C
P
Retail Mariivana Store '°
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
S
N
Marijuana Cultivation Broker
Facility. Indoort°
N
—
N
—
N
—
N
—
N
—
N
—
N
—
N
—
N
—
C
—
C
—
JED
N
LA ND USES
C
RR
RR -1
RS
RS -1
RS -2
RU
CC
CG
IL
IH
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
Manu facturing/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
N
— 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
Storage Yard
N I
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
New Text Underlined; [DELETED TEXT BRACKETED]
LAND USES
C
RR
RR -1
I Rq
RS-1
RS -2
RU
I CC
I CG
IL
IH
ED
R
TSH
LC
I CMU
PUBLIC /INSTITUTIONAL
Assisted Lining
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Churches*
C
plo
plo
plo
plo
plo
plo
plo
pm
C
C
P
pis
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
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
I 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
0229
C
C
C
C
P
P
P
C
P
C
P
C
P
Parks and Recreation
p
C
C29
C
C
C
P
P
P
P
p
P
C
P
LAND USES
C
RR
RRI
RS
RS1
RS2
ij
CC
CG
IL
III
ED
R
TSH
LC
CMU
MISCELLANEOUS
Animal Boarding/Commercial
Kennel "
C
C
N
C
C
N
N
C
C
C
C
N
C
N
C
C
Assemblies "(Large Circuses, Fairs,
Etc.)
C
C
N
C
C
C
C
pls I
ply
ply
ply
pis
C
P
N
P15
Bed and Breakfasts
C
C
C
C
C
C
C
C I
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.'I V Transmitters/
Cell Sites*
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 °
C
C
C29
C
C
C
C
P
P
P
C
C
C
C
P
P
Dormitories Boarding houses
C
C
N
+pCp
C
P
p' -I
S
C
P
p23
C
C
C
P
Essential Services
p
p
p
p
p
p
P
P
P
P
p
p
p
p
Fanning/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
M
C
C
C
P
P
P
C
N
C
P
C
P
Greenhouses /Tree Nurseries"
C
C
N
C
C
C
C
P
P
P
C
N
C
C
C
P
Gunsmithing, Taxidermy
N
C
N I
C
C
C
C
P
P
P
P
N
C
P
P
P
Nnrsl "b` Cry, fls,ew or Res' H°'"es
N
C
N
C
C
C
C
P
P
C
C
C
C
C
C
P
New Text Underlined; [DELETED TEXT BRACKETED]
Parking Public Lots "
C
C
N
C
C
C
I C
I C
C
C
C
C
C
C
C
C
Personal services
C
C
N
C
C
C
C
I P
P
P
P
C
C
P
P /CZ'
P
Recreational Vehide Parks
C
C
N
C
N
N
C
C
C
C
C
N
C
C
N
C
Subsurface Extraction of Natural
Resources 's
C
C
C
C
C
C
C
C
C
C
C
N
C
N
N
N
Surface Extraction of Natural
Resources "
C
C
N
C
N
N
C
N
C
C I
C
N
C
N
N
N
* See 42 USCA Sec. 2000ec (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;
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;
New Text Underlined; [DELETED TEXT BRACKETED]
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).
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.
New Text Underlined; [DELETED TEXT BRACKETED]
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.
New Text Underlined; [DELETED TEXT BRACKETED]
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
Tailors
X
"fanning 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.
New Text Underlined; [DELETED TEXT BRACKETED]
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
1.15.0700, 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:
Sandra Modigh, City Clerk
Introduced: *, 2015
Adopted: *, 2015
Effective: *, 2015
New Text Underlined; [DELETED TEXT BRACKETED]