HomeMy WebLinkAboutResolution No. PZ2016-05CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16 -05
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HEL AL SKA
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 — KENAI ZONING CODE TO ENACT KENAI MUNICIPAL
CODE SECTION 14.20.065 — AIRPORT LIGHT INDUSTRIAL ZONE (ALI), TO ADD THE
AIRPORT LIGHT INDUSTRIAL ZONE, AND RELATED USES, AND AMENDING KENAI
MUNICIPAL CODE CHAPTER 14.24 — DEVELOPMENT REQUIREMENTS TABLES, TO ADD
THE AIRPORT LIGHT INDUSTRIAL ZONE.
WHEREAS, the City of Kenai Zoning Code does not have a Zoning District where airport
compatible uses as Principal Permitted Use, Conditional Use, Secondary Use, and Not Permitted
Uses have been identified which primarily serve aviation users and related land -uses; and,
WHEREAS, Airports can have a widespread impact on surrounding areas and land -uses; and,
WHEREAS, the City of Kenai, as home rule municipality, has the authority to provide responsible
Zoning Regulations that promote the public peace, health, safety and welfare; and,
WHEREAS, it is in the best interest of the City of Kenai to protect its citizens from airport hazards
and to promote the health, safety and welfare of its citizens by regulating the placement and
operation of airports within City limits; and,
WHEREAS, it is in the best interest of the City of Kenai to create standards for development to
define the requirements by which construction of structures, buildings, obstructions and other
aviation compatible uses may be developed; and,
WHEREAS, it is in the best interest of the City of Kenai to incorporate regulations imposed by the
Federal Aviation Administration into the development regulations requirements to ensure
compliance; and,
WHEREAS, the 2003 City of Kenai Comprehensive Plan, Polices AP2 and AP3 discuss revising
the Kenai Zoning Code to create a Zoning District by which suitable parcels are retained and
available for future public and private airport- related development; and,
WHEREAS, the 2003 City of Kenai Comprehensive Plan, designates parcels within the Airport
Reserve Boundary as Airport Industrial, which identifies airport lands reserved for the Kenai
Municipal Airport and its future expansion, and tracts needed for present and future aviation -
related uses and activities; and,
WHEREAS, it is in the best interest of the City of Kenai to amend Kenai Municipal Code Section
14.20.320 - Definitions, to expand the definition of "Airport" to include paved and gravel runways
and helicopter touchdown and lift off area as well as definitions for "Airport Compatible Uses" and
"Necessary Aviation Facilities "; and,
WHEREAS, it is in the best interest of the City of Kenai to amend Kenai Municipal Code Section
14.22.010 — Land Use Table, add the Airport Light Industrial Zone and airport compatible land -
uses which are appropriate with aviation land -uses and help to protect the viability of the Kenai
Municipal Airport; and,
WHEREAS, the Airport Commission and the Planning and Zoning Commission held joint work
sessions on June 23, 2015, November 12, 2015 and January 13, 2016 to discuss the proposed
ordinance to create the Airport Light Industrial Zoning District; and,
WHEREAS, the Airport Commission held a regular meeting on February 11, 2016 and voted
unanimously that they Council of the City of Kenai approve this Ordinance; and,
NOW, THEREFORE, BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF KENAI,
ALASKA, THAT KENAI MUNICIPAL CODE OF ORDINANCES, CHAPTER AMENDING KENAI
MUNICIPAL CODE CHAPTER 14.20 — KENAI ZONING CODE TO ENACT KENAI MUNICIPAL
CODE SECTION 14.20.065 — AIRPORT LIGHT INDUSTRIAL ZONE (ALI), TO ADD THE
AIRPORT LIGHT INDUSTRIAL ZONE, AND RELATED USES, AND AMENDING KENAI
MUNICIPAL CODE CHAPTER 14.24 — DEVELOPMENT REQUIREMENTS TABLES, TO ADD
THE AIRPORT LIGHT INDUSTRIAL ZONE AND MAKE OTHER HOUSEKEEPING CHANGES
AS SHOWN IN ATTACHMENT "A ".
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 91' day of March, 2016.
CHAIRPERSON: ATTEST:
J it, Chairperson Sa dr Modi , City Clerk
Attachment A
Sponsored by: Council Member Knackstedt
CITY OF KENAI
NO. * -2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE CHAPTER 14.20 - KENAI ZONING CODE TO ENACT KENAI
MUNICIPAL CODE SECTION 14.20.065 - AIRPORT LIGHT INDUSTRIAL ZONE (ALI), TO
ADD THE AIRPORT LIGHT INDUSTRIAL ZONE, AND RELATED USES, AND AMENDING
KENAI MUNICIPAL CODE CHAPTER 14.24 - DEVELOPMENT REQUIREMENTS
TABLES, TO ADD THE AIRPORT LIGHT INDUSTRIAL ZONE.
WHEREAS, the City of Kenai Zoning Code does not have a Zoning District where airport
compatible uses as Principal Permitted Use, Conditional Use, Secondary Use, and Not
Permitted Uses have been identified which primarily serve aviation users and related
land -uses; and,
WHEREAS, Airports can have a widespread impact on surrounding areas and land -
uses; and,
WHEREAS, the City of Kenai, as home rule municipality, has the authority to provide
responsible Zoning Regulations that promote the public peace, health, safety and
welfare; and,
WHEREAS, it is in the best interest of the City of Kenai to protect its citizens from airport
hazards and to promote the health, safety and welfare of its citizens by regulating the
placement and operation of airports within City limits; and,
WHEREAS, it is in the best interest of the City of Kenai to create standards for
development to define the requirements by which construction of structures, buildings,
obstructions and other aviation compatible uses may be developed; and,
WHEREAS, it is in the best interest of the City of Kenai to incorporate regulations
imposed by the Federal Aviation Administration into the development regulations
requirements to ensure compliance; and,
WHEREAS, the 2003 City of Kenai Comprehensive Plan, Polices AP2 and AP3 discuss
revising the Kenai Zoning Code to create a Zoning District by which suitable parcels are
retained and available for future public and private airport- related development; and,
WHEREAS, the 2003 City of Kenai Comprehensive Plan, designates parcels within the
Airport Reserve Boundary as Airport Industrial, which identifies airport lands reserved
for the Kenai Municipal Airport and its future expansion, and tracts needed for present
and future aviation - related uses and activities; and,
WHEREAS, it is in the best interest of the City of Kenai to amend Kenai Municipal Code
Section 14.20.320 - Definitions, to expand the definition of "Airport' to include paved
and gravel runways and helicopter touchdown and lift off area as well as definitions for
"Airport Compatible Uses" and "Necessary Aviation Facilities "; and,
New Text Underlined; [DELETED TEXT BRACKETED]
WHEREAS, it is in the best interest of the City of Kenai to amend Kenai Municipal Code
Section 14.22.010 - Land Use Table, add the Airport Light Industrial Zone and airport
compatible land -uses which are appropriate with aviation land -uses and help to protect
the viability of the Kenai Municipal Airport; and,
WHEREAS, the Airport Commission and the Planning and Zoning Commission heldjoint
work sessions on June 23, 2015, November 12, 2015 and January 13, 2016 to discuss
the proposed ordinance to create the Airport Light Industrial Zoning District; and,
WHEREAS, the Airport Commission held a regular meeting on February 11, 2016 and
voted unanimously that they Council of the City of Kenai approve this Ordinance; and,
WHEREAS, the Planning and Zoning Commission held a Public Hearing on March 9,
2016 and recommended the Council of the City of Kenai 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. Enactment of Kenai Municipal Code Chapter 14.20.06 : That Kenai
Municipal Code, Chapter 14.20.065 - Airport Light Industrial Zone (ALI), is hereby
enacted as follows:
14.20.065 Airport Light Industrial Zone (ALI)
(a) Intent: The ALI Zone is established to protect the viability of the Kenai Municipal
Airport as a significant resource to the community by encouraging compatible land
uses, densities and reducing hazards that may endanger the lives and property of
the public and aviation users. Industrial and Commercial uses which are usually
compatible with aviation users are permitted which have no nuisance effects upon
surrounding property, or which may be controlled to prevent nuisance effects upon
surrounding property. New residential uses are not permitted in this zone because
it is intended that lots classified in the ALI Zone are reserved for aviation related
commercial and industrial uses.
(b) Principal Permitted Uses: Necessary Aviation Facilities and as allowed in Kenai
Municipal Code Section 14.22.010 - Land Use Table
(c) Conditional Uses: As allowed in Land Use Table and subject to the provisions of this
chapter and Kenai Municipal Code Section 14 20 150
(d) Accessory Uses: As defined (see Definitions)
ll Home Occupations: Not Permitted.
(f ) Development Requirements:
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(1) No use shall be conducted in a manner which is noxious or incurious to
nearby properties by reason of the production or emission of dust smoke
refuse matter, odor, gas fumes noise vibration or similar substances or
conditions, provided that the restriction against noise shall not apply to
uses located within two thousand (2,000) feet of the airfield runways;
(2) No open storage shall be located closer than twenty -five feet (25') to the
adioining right -of -way of any collector street or main thoroughfare
(3) Wherever an Aviation Compatible Use abuts or is separated by an alley from
• residential zone, the use or building in the ALI Zone shall be screened by
• sight - obscuring eight -foot (8') high fence or vegetation of good appearance
acceptable to the City of Kenai
(4) No use shall be made of any land that will cause interference with
navigational signals or radio communications at the airport or with radio
or electronic communications between the airport and aircraft
(5) No use, building or structure shall emit emissions of fly ash dust vapor,
gases or other forms of emissions that may conflict with any planned
operations of the airport or aircraft
(6) All exterior lighting shall be installed in such a manner that will not shine
light or allow light glare to exceed the boundaries of the parcel on which it
is placed. All exterior lighting shall be positioned so that it is downcast and
shielded. These requirements shall not apply to lighting which is installed
for the purposes of aiding in aircraft navigation as required and approved
by the Federal Aviation Administration
(7) No use shall be permitted that would foster an increase in bird population
and thereby increase the likelihood of a bird - impact problem as defined
under the most recent Federal Aviation Administration 150/5200 Advisory
Circular (AC), "Hazardous Wildlife Attractants on or Near Airports"
(8) No structure, device or other object shall be placed or erected that makes
it difficult for pilots to distinguish between airport lights and other lights
results in glare in the eves of pilots using the airport impairs visibility in
the vicinity of the airport, or otherwise endangers the landing taking off or
maneuvering of aircraft.
(9) Except as necessary and incidental to airport operations no building
structure or obiect of natural growth shall be constructed altered
maintained, or allowed to grow so as to project or otherwise penetrate the
airspace surfaces as defined by the Federal Aviation Administration in:
Federal Aviation Regulation (FAR) Part 77 "Safe Efficient Use and
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Preservation of the Navigable Airspace "• and under the most recent Federal
Aviation Administration Order 8260.3 United States Standard for Terminal
Instrument Procedures (TERPS) as shown in the City of Kenai Airport
Master Plan and on the City of Kenai Airport Layout Plan
(10) Construction of any and all buildings structures or any obstructions
whether permanent or temporary shall be subject to filing a "Notice of
Proposed Construction or Alternation" as required under Title 14 Code of
Federal Regulations, Part 77 of the United State Code
(11) Other uses or activities determined to be incompatible with aviation and
aviation safety as determined by the City Manager or designee Airport
Manager or designee. or Airport Commission or City Council shall be
prohibited.
(12) Additional Requirements in Development Requirements Table
(g) Parking Requirements: As required by this chapter and Chapter 21.05 Airport
Administration and Operation.
Section 3. Amendment of Chapter 14.20 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 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,
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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 [010fiicial" 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 paved or gravel runway [FOR A PLANE TO
TAKE OFF AND LAND], a helicopter touchdown and lift off (TLOF) area helipad, or water
runway for aircraft takeoffs and landings, and often includes buildings such as control
towers, hangars and terminal buildings.
"Airport Compatible Uses" means uses which include but are not limited to: Hangars
Fixed Base Operators Aircraft Repair and Manufacturing Aircraft Sales other Airport
Compatible Uses Approved by the City of Kenai and the Federal Aviation Administration
and compatible with the current Airport Master Plan and the Airport Layout Plan
"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]1!iving" 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,
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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.
"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
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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
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 [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;
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(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 /[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]Two- [i]Family" means any building containing only two (2) dwelling units.
"Dwelling, [m]Multiple- [t]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.
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"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.
"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]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.
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"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.
"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, fc]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, [t]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.
"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.
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" 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.
"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]Home [p]Park" means a site with required improvements and utilities for
the long -term parking of mobile homes which may include services and facilities for the
residents.
"Modular [h]Home" means a dwelling constructed in modules or sections at a place
other than the building site, built to conform to Title 4 of the Kenai Municipal Code, is
transported to the site and then assembled and placed on a permanent foundation.
"Motel" means a group of one (1) or more detached or semi - detached buildings
containing two (2) or more individual dwelling units and /or guest rooms designed for,
or used temporarily by, automobile tourists or transients, with a garage attached or
parking space conveniently located to each unit, including groups designated as auto
courts, motor lodges; or tourist courts.
"Museum" means a building or structure that houses and cares for a collection of
artifacts and other objects of scientific, artistic, or historical importance and makes
them available for public viewing through exhibits that may be permanent or temporary.
"Necessary Aviation Facilities" means any air navigation facility, airport visual
approach aid, airfield lighting and signage meteorological device or any type of device
approved by the Federal Aviation Administration (FAA) the location and height of which
is fixed by its functional purpose.
"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
New Text Underlined; [DELETED TEXT BRACKETED]
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]liome" 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.
"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.
"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
New Text Underlined; [DELETED TEXT BRACKETED]
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.
"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.
"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.
"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.
New Text Underlined; [DELETED TEXT BRACKETED]
"Tree [n]Nursery" means a place where trees /plants are propagated and grown to
usable size.
"Use" means the purpose for which land or a building is arranged, designed, or
intended, or for which either land or a building is or may be occupied or maintained.
"Variance" means the relaxation of the development requirements of this chapter to
provide relief when the literal enforcement would deprive a property owner of the
reasonable use of his or her real property.
"Warehouse" means a building or structure used for the storage of goods, wares and
merchandise that will be processed, sold or otherwise disposed of off of the premises.
"Wholesale [b]Business" means business conducted primarily for the purpose of
selling wares or merchandise in wholesale lots to retail merchants for resale.
"Yard" means an open, unoccupied space, other than a court, unobstructed from the
ground to the sky, except where specifically provided by this chapter, on the same lot
on which a building is situated.
"Yard, [i]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. 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
C.— Conditional Use additional restrictions
S = Secondary Use
N = Not Permitted
ZONING DISTRICTS
LAND USES LI C RR RR -] I RS RS- RS- RU CC CG IL IH ED I R TSH LC CMU
1 2
RESIDENTIAL
New Text Underlined; [DELETED TEXT BRACKETED]
One - Family Dwelling
NI
C18
p
p
p
p
p
I p
pet
SI
S2
S2
C22
P
P
P
SI /C21
Two - ,Three - Family Dwelling
N
Cta
p
p
p
p
p
p
P21
St
C
C
C22
P
P
P
Svc
Four - Family Dwelling
N
Cg
P
C3,29
P
N
N
P
P21
S'
C
C
C22
N
P
C
St /C21
Five -,Six - Family Dwelling
N
Cle
C3
N
P
N
N
P
P21
SI
C
C
N
N
P
C
SVC21
Seven -or More Family Dwelling
N
C$
C3
N
C3
N
N
P
P2l
St
C
C
N
N
P
C
SI /C21
Mobile Home Parke
N
N
C
N
C
C
C
C
C
C
C
C
N
C
C
C
C
Planned Unit Residential Development'
N
Cls
C
C29
C
C
C
C
C
C
C
C
N
C
C
C
C
Townhouses'
N
08
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
N
C
C
C
C
C
C
N
N
N
N
N
N
C
N
N
COMMERCIAL
Airport Compatible Uses
P
#NC
N
N
N
N
N
C
C
C
C
N
N
N_
C
C
Automotive Sales
C
N
N
N
N
C
P
P
P
P
N
N
N
N
P
Automotive Service Stations
C
N
C
N
N
N
N
C
P
P
P
P
N
C
N
N
P
Banks
C
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
Business/Consumer Services
C
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
Commercial Recreation
N
N
C
N
C
N
N
C
P
P
C
C
N
P
C
C
P
Guide Service
C
N
C
N
C
N
N
C I
P
P
P
P
N
P
P
C
P
Hotels /Motels
C
N
C
N
C
N
N
C
P
P
P
C
N
C
P
C
P
Lodge
C
N
C
N
C
N
N
C I
P
P
P
C
N
P
P
C
P
Professional Offices
C
N
C
C
N
N I
P I
P
P
P
P
N
C
P
P
P
Restaurants
C N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
KEY'.
LAND USE TABLE
P = Principal Permitted Use
C= Conditions] Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on following pages for
additional restrictions
New Text Underlined; [DELETED TEXT BRACKETED]
New Text Underlined; [DELETED TEXT BRACKETED]
ZONING DISTRICTS
LAND USES
ALI C
RR
RR]
RS
RS]
RS2
RU
CC
CG
IL
IH
ED
R
TSH
L,C
CMU
Retail Business
C
N26
C
N
C
N
N
C
P
P
P
P
S24
S24
C
C
P
Theaters
N
N
C
N
C
N
N
C
P
P
C
C
N
P
C
C
P
Wholesale Business
C
N
C
N
C
N
N
C
I C
P
P
P
N
S21
C
C
N
INDUSTRIAL
Airports
C
[P20]
C
N
C
N
N
C
C
C
C
C
N
C
N
N
C
Necessary Aviation Facilities
p
p
C
C
C
C
C
C
P
P
P
P
C
P
C
P
P
Automotive Repair
p
N
I C
N
C
N
I N
C
P
P
P
P
N
N
N
N
P
Gas Manufacturer/Storage
C9
N
N
N
C
N
N
N
N
N
C9
C9
N
N
N
N
N
Manu facturing /Fabricating/Assembly
p
N1
C
N
C
N
N
I C
C
P
P
p
NI('
C
N
C
Mini - Storage Facility
P
N
C
N
C
N
N
C
C
TN
tNN
N
C
C
Storage Yard
p
N
C
N
C
N
N
C
C
I-
P
N
N
C
Warehouses
p
N
C
N
C
N
N
C
N
P
P
P
N
C
N
N
N
PUBLIC /INSTITUTIONAL
Assisted Living
N
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Churches*
N
C
P10
Plo
Plo
P1C
Plo
Plo
Plo
pia
C
C
P
P°
P
P
P
Clinics
N
C
C
N
C
C
C
C
P
P
P
C
C
C
C
P
P
Colleges•
N
C
C
7
C
C
C
C
P
P
C
C
P
C
C
C
P
Elementary Schools*
N
C
C
C29
C
C
C
C
P
P
C
C
P
C
C
C
P
Governmental Buildings
C
C
C
C'-9
C
C
C
C
P
P
P
C
P
C
C
P
P
High schools*
N
C
C
C29
C
C
C
C
P
P
C
C
P
C
C
C
P
Hospitals*
N
C
C
N
C
C
C
C
P
P
P
C
C
C
C
C
P
Libraries*
N
C
C
C21
C
C
C
C
P
P
P
C
P
C
P
C
P
Museums
C
C
C
C29
C
C
C
C
P
P
P
C
P
C
P
C
P
Parks and Recreation
N
P
C
C29
C
C
C
C
P
P
P
P
P
C
p
C
p
MISCELLANEOUS
C
RR
RR1
RS IRS]
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
New Text Underlined; [DELETED TEXT BRACKETED]
Animal Boarding/Commercial
Kennel"
C
—
C
C
N
C
C
N
I N
I C
C
C
C
N
C
N
C
C
Assemblies " (Large: Circuses, Fairs,
Etc.)
N1
—
I C
C
I N
C
C
C
C
PIS
pts
pis
pls
PH
C
P
N
P15
Bed and Breakfasts
N
C
I C
C
C
C
C
C
C
C
C
C
N
P
C
C
P
Cabin Rentals
N
C
C
N
C
N
N
NIP
P
P
C
N
P
P
C
P
Cemeteries
P
C
C
N
C
N
N
N
N
C
C
C
N
C
C
N
N
Communications Towers &
Antenna(s), Radioff V Transmitters/
Cell Sites * * 's
C
—
P
C
N
C
C
C
C
I P
P
P
P
P
C
C
C
C
Crematories /Funeral Homes
N
N
C
N
C
N
N
I C
I C
C
C
C
C
C
C
C
C
Day Care Centers"
N
C
C
C29
C
C I
C I
C I
P
P
P
C
C
C
C
P
P
Dormitories /Boarding Houses
N
C
C
N
C
C
C
P
P21
S
C
P
p23
C
C
C
P
Essential Services
p
P
p I
P
p
P
p
p
P
PIP
C
P
P
P
P
P
P
Famning/General Agriculture " **
N
P
p
N
N
N
N
N
N
N
N
P
N
P
N
N
N
LAND USN: TABLE
KEY: P= Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on following pages for
additional restrictions
See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000)
New Text Underlined; [DELETED TEXT BRACKETED]
ZONING DISTRICTS
LAND USES
ALI C
RR
RRI
RS
RSI
752
RU
CC
CG
IL
IH
TSH
LC
CMU
Fraternal
Organimtions/Private
N
—
N
C
N
C
C
C
C
P
P
P
C
TR
P
C
P
Clubs/Social Halls and
Union Halls
Greenhouses/Tree
Nurseries''
N
—
C
C
N
C
C
C
C
P
P
P
C
N
C
C
C
P
Gunsmithing,
Taxidermy
N
—
N
C
N
C
C
C
C
P
P
P
P
N
C
P
P
P
Nursing, Convalescent
or Rest Homes
N
—
N
C
N
C
C
C
C
P
P
C
C
C
C
C
C
P
Parking, Public Lots"
C
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
Recreatienal Vehidl Parks
N
C
C
N
C
N
N
C
C
C
C
C
N
C
C
N
C
Subsurface Extraction
of Natural Resources"
C
—
C
C
C
C
C
C
C
C
C
C
C
N
C
N
N
N
Sutural Resources'?
Natural Resources"
C
—
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)
New Text Underlined; [DELETED TEXT BRACKETED]
** 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;
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.
New Text Underlined; [DELETED TEXT BRACKETED]
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.
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.
New Text Underlined; [DELETED TEXT BRACKETED]
19. Reserved
20. The airport related uses allowed under this entry are aircraft approach and
departure 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 below [ABOVE] 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
Tanning Salons
X
Tattoo Parlors
X
New Text Underlined; [DELETED TEXT BRACKETED]
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.
Section 5. Amendment of Chapter 14.24 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 14.24 — Land Use Table, is hereby amended as follows:
Table 14.24.010 Minimum lot area requirements.
DEVELOPMENT REQUIREMENTS TABLE
ALI /IL/ IH/
RU/
CC /CG
USES
C /RR
RR1
RS
RS1
RS2
TSH
/CMU
R
ED
LC
MINIMUM LOT
AREA
(square feet
See
individual
Single /Two /Three
sections of
Code for
Family Dwelling
20,000
20,000
7,200
12,500
7,200
7,200
requirements
20,00
20,000
12,500
Four Family
Dwelling
20,000
22,400
9,600
N
N
7,200
N
N
12,500
Five Family
Dwelling
22,400
N
12,000
N
N
7,200
N
12,500
Six Family
Dwelling
24,800
N
14,400
N
N
7,200
N
27,200+
16,800 +
2,400 for
2,400 for
IN
Seven or More
each unit
each unit
t12,500
Family Dwelling
over 7
N
over 7
N
N
7,200
N
Maximum Height
(feet
35
35
35
35
35
Footnotes:
New Text Underlined; [DELETED TEXT BRACKETED]
(1) Listed square footages are the minimum required for each zone.
(2) Greater lot square footages may be required to satisfy Alaska Department of Environmental
Conservation (ADEC) requirements where on -site water supply and /or sewer is necessary.
(3) Minimum lot size for non - residential uses in ED zone is 40,000 square feet.
(4) Minimum lot size for residential uses in the CMU zone is 7,200 square feet.
New Text Underlined; [DELETED TEXT BRACKETED]
Table 14.24.020 General Requirements.
DEVELOPMENT REQUIREMENTS TABLE
ZONING DISTRICT
USES
C /RR
RR1
RS
RS1
RS2
RU /TS
H
ALI /IL /IH /C
C /CG /CMU
LC
See individual
sections of
IRED
Code for
MINIMUM LOT Width feet
90
90
60
60
60
60
requirements
90
90
MINIMUM LOT Size feet
Front t
25
25
25
25
25
10
20
25
25
25
Side a
One -Story 3
Day -light Basement /Split
Level
Two-Story 3
15
15
15 1
5
10
15
5
10
15
5
10
15 I
5
10
15 1
5
5
54
10
10
10
15
15
1515
15
15
15
15
15
Rear
20
20
20
20
20
104
10
20
20
20
Maximum Lot Coverage
30%
30%
30%
30%
309%/o
40%
30%
Maximum Height feet
35
35
35
35
35
35
Footnotes:
(1) Provided that the minimum front setback is measured from any right -of -way or access easement.
(2) Side setbacks are determined independently from the front view of the structure. Plot plan /As -built will distinguish
single and two -story portions of building to verify setback distances are met.
(3) Story is that portion of a building included between the upper surface of any floor and the upper surface of the
floor next above or the ceiling or roof above.
One -story is defined as a story having direct access from grade level without a lower story. A structure having a
lower story situated below a one -story is considered a one -story structure in its entirety.
Two -story is defined as one -story plus more than one -half (1/2) the height of the lower story all situated above
grade.
Daylight basement /split level is defined as one -story plus less than one -half (1/2) the height of the lower story all
situated above grade.
For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface of the
ground between the building and a line five (5) feet from the building.
New Text Underlined; [DELETED TEXT BRACKETED]
(4) Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but need
not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard.
(5) Side setbacks for parcels within the airport perimeter fence situated along aircraft movement areas, ramps,
taxiways, or parking aprons are exempt from the side setback requirements of this title. The building restriction
line identified on the Airport Layout Plan must be maintained.
(6) All structures in aircraft- approach zones and within eight thousand feet (8,0001 of the main runway shall be subject
to height limitations on the basis of obstruction criteria as shown on the current FAA- approved Kenai Airport
Layout Plan.
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 *, 2016.
PAT PORTER, MAYOR
ATTEST:
Sandra Modigh, City Clerk
Introduced: *, 2016
Adopted: *, 2016
Effective: *, 2016
New Text Underlined; [DELETED TEXT BRACKETED]