HomeMy WebLinkAboutOrdinance No. 2884-2016Sponsored by: Council Member Knackstedt
CITY OF KENAI
ORDINANCE NO. 2884 -2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING
KENAI MUNICIPAL CODE SECTION 14.20.065 - AIRPORT LIGHT INDUSTRIAL ZONE,
AMENDING KENAI MUNICIPAL CODE SECTION 14.22.010 - LAND USE TABLE AND
KENAI MUNICIPAL CODE CHAPTER 14.24 - DEVELOPMENT REQUIREMENTS TABLE,
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 a 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 areas as well as definitions for
"Airport Compatible Uses" and "Necessary Aviation Facilities"; and,
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2884 -2016
Page 2 of 25
WHEREAS, it is in the best interest of the City of Kenai to amend Kenai Municipal Code
Section 14.22.010 - Land Use Table, to add the Airport Light Industrial Zone and airport
compatible land -uses which are consistent 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,
WHEREAS, the Planning and Zoning Commission held a Public Hearing on March 9,
2016 and recommended the Council of the City of Kenai approve this Ordinance.
WHEREAS, the Airport Master Plan Phase 2 Report prepared for the City of Kenai
contains four (4) development concepts that include the City's acquisition of land
outside the Airport Reserve for buffer zone(s); and
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 Chanter 14.20.065: That Kenai
Municipal Code, Chapter 14.20.065 - Airport Light Industrial Zone (ALI), is hereby
enacted as follows:
14.20.065 Airport Licht 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 14.22.0 10 - 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
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2884 -2016
Page 3 of 25
(d) Accessory Uses: As defined (see Definitions).
(e) Home Occupations: Not Permitted.
t1f Development Requirements:
(1) No use shall be conducted in a manner which is noxious or injurious 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 outdoor 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 Airport Compatible Use abuts or is separated by an alley or
street from a residential zone the use or building in the ALI Zone shall be
screened by a sight - obscuring eight -foot (81 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 obiect 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.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2884 -2016
Page 4 of 25
(9) Except as necessary and incidental to airport operations, no building,
structure or object 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
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 the final decision of the
City Manager may be appealed to the Board of Adjustment as provided in
Kenai Municipal Code 14.20.290.
(12) Additional Requirements in Development Requirements Table.
fg) Parking Requirements: As required by this chapter and Chapter 21.05 - Airport
Administration and Operation.
Section 3. Amendment of Section 14.20.20 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.20.320 - Definitions, is hereby amended as
follows:
14.20.320 Definitions.
(a) General Interpretation.
(1) Words used in the present tense include the future tense.
(2) The singular number includes the plural.
(3) The word "person" includes a corporation as well as an individual.
(4) The word "lot' includes the word "plot" or parcel."
(5) The term "shall" is always mandatory.
(6) The word "used" or "occupied" as applied to any land or building shall be
constructed to include the words "intended," "arranged" or "designed to be
used or occupied."
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2884 -2016
Page 5 of 25
(b) Specific Definitions.
"Accessory [b]Building" means a detached building or structure, the use of which is
appropriate, subordinate, and customarily incidental to that of the main building or to
the main use of the land which is located on the same lot as the main building or use,
except as allowed by a conditional use permit. An accessory building shall be considered
to be a part of main building when joined to the main building by a common wall or
when any accessory building and the main building are connected by a breezeway.
"Accessory [u]Use" means a use customarily incidental and subordinate to the
principal use of the land, building, or structure and located on the same lot or parcel of
land.
"Administrative [o]Oiiicial" 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, and other uses
approved by the Ordinance of the City of Kenai, and the Federal Aviation
Administration's regulations and compatible with the current Airport Master Plan, the
Airport Layout Plan and the Comprehensive 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.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2884 -2016
Page 6 of 25
"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.
"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]F,7iisting" 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.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2884 -2016
Page 7 of 25
"Building, [p]Principal or [m]Main" means a building or structure in which is
conducted the principal or main use on the lot which said building is situated.
"Business /[c]Consumer [s]Services" means the provision of services to others on a fee
or contract basis, such as advertising and mailing; building maintenance; employment
service; management and consulting services; protective services; equipment rental and
leasing; commercial research; development and testing; photo finishing; and personal
supply services.
"Cabin [r]Rentals" means the renting out of one (1) or more individual, detached
dwelling units or buildings to provide overnight sleeping accommodations for a period
of less than thirty (30) consecutive days.
"Cemetery" means any property used to inter the dead in buried graves or in
columbarium, stacked vaults, or similar structures.
"Centerline" means the line which is in the center of a public right -of -way.
"Church" means a building or structure in which persons regularly assemble for
worship, ceremonies, rituals, and education pertaining to a particular system of beliefs.
The term "church" includes a synagogue or temple.
"City" means the City of Kenai, Alaska.
"Clinic" (or outpatient clinic or ambulatory care clinic) means a health care facility that
is primarily devoted to the care of outpatients. Clinics can be privately operated or
publicly managed and funded, and typically cover the primary health care needs of
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
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2884 -2016
Page 8 of 25
conditions, specified in this chapter are fulfilled. Conditional uses are listed in the Land
Use Table.
"Condominium" means a common interest ownership dwelling in which:
(1) Portions of the real estate are designated for separate ownership;
(2) The remainder of the real estate is designated for common ownership solely by the
owners of those portions;
(3) The undivided interests in the common elements are vested in the unit owners. In
the Land Use Table (KMC 14.22.010), "condominiums" shall be treated as two (2) or
more family dwellings. For example, a four (4) unit condominium building would be
treated as a four (4) family dwelling.
"Coverage" means that percentage of the total lot area covered by the building area.
"Crematory /[f]Funeral home" means building or structure used for preparation of the
deceased for display and /or interment and may also be used for ceremonies connected
with interment. Preparation may include cremation, which is the process of reducing
dead bodies to basic chemical compounds in the form of gases and bone fragments. This
is accomplished through burning —high temperatures, vaporization, and oxidation.
"Day [c]Care [c]Center" means an establishment where child care is regularly provided
for children for periods of less than twenty-four (24) hours, including the building
housing the facility and adjoining areas, and where tuition, fees, or other compensation
for the care of the children is charged.
"Dormitory" means a building, whether public or private, associated with a school,
college or university and designed, used, and arranged for private sleeping, studying,
and living accommodation for students.
"Dwelling" means a building or any portion thereof designed or used exclusively for
residential occupancy including one - family, two - family and multiple - family dwellings,
but not including any other building wherein human beings may be housed.
"Dwelling, [o]One- [f]Family" means any detached building containing only one (1)
dwelling unit.
"Dwelling, [tIlwo- [f]Family" means any building containing only two (2) dwelling units.
"Dwelling, [m]Multiple- [f]Family" means any building containing three (3) or more
dwelling units.
"Dwelling [u]Unit" means one (1) or more rooms and a single kitchen in a dwelling
designed as a unit for occupancy by not more than one (1) family for living or sleeping
purposes.
"Elementary [s]School" means any school usually consisting of grades pre-
kindergarten through grade 6 or any combination of grades within this range.
"Essential [s]Service" means the erection, construction, alteration, or maintenance by
public utility companies or municipal departments or commissions, of underground or
overhead gas, electrical, steam, or water transmission or distribution systems,
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2884 -2016
Page 9 of 25
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.
"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.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2884 -2016
Page 10 of 25
"High [s]School" means a secondary school usually consisting of grades 9 through 12
or any appropriate combination of grades within this range.
"Home [o]Occupation" means an accessory carried out for remuneration by a resident
in the resident's dwelling unit.
"Hospital" means an institution that provides medical, surgical, or psychiatric care and
treatment for the sick or the injured.
"Hotel" means a building or group of buildings containing more than five (5) guest
rooms used for the purpose of offering public lodging on a day -to -day basis with or
without meals.
"Junkyard" means any space one hundred (100) square feet or more of any lot or parcel
of land used for the storage, keeping, or abandonment of junk or waste material,
including scrap metals or other scrap materials, or for the dismantling, demolition, or
abandonment of automobiles, other vehicles, machinery, or any parts thereof.
"Library" means a collection of sources, resources, and services, and the structure in
which it is housed; it is organized for use and maintained by a public body, an
institution, or a private individual.
"Licensed Premises For Commercial 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 [I]Line, [i]Front- [c]Corner [1]Lot" means the shortest street line of a corner lot.
"Lot [1]Line, [i]Front- [i]Interior [i]Lot" means a line separating the lot from the street.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2884 -2016
Page 11 of 25
"Lot [l]Line, [r]Rear" means a line that is opposite and most distant from the front lot
line, and in the case of irregular, triangular, or gore shaped lot, a line not less than ten
feet (10') in length, within a lot, parallel to and at the maximum distance from the front
lot line.
"Lot [l]Line, [s]Side" means any lot boundary line not a front lot line or a rear lot line.
"Lot [w]Width" means the mean horizontal distance separating the side lot lines of a
lot and at right angles to its depth.
"Manufactured [h]Housing" means a dwelling unit that meets Department of Housing
and Urban Development Standards for manufactured housing and is wider than sixteen
feet (16'), has a roof pitch of 4:12 or greater with roofing and siding common to standard
residential construction and is transported to the site and placed on a permanent
foundation.
" Manufacturing /[f]Fabricating /[a]Assembly" means the mechanical or chemical
transformation of materials or substances into new products including assembling of
components parts, the manufacturing of products, and the blending of materials such
as lubricating oils, plastics, resins or liquors.
"Marijuana" means all parts of the plant of the genus Cannabis, whether growing or
not; the seeds thereof, the resin extracted from any part of the plant, and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds,
or its resin, including marijuana concentrate. The term does not include fiber produced
from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant
which is incapable of germination, or the weight of any other ingredient combined with
marijuana to prepare topical or oral administrations, food, drink, or other products.
"Marijuana Concentrate" means resin, oil, wax, or any other substance derived from
the marijuana plant by any method which isolates the Tetrahydrocannabinol (THC)-
bearing resins of the plant.
"Marijuana Cultivation Facility" means any entity with a state license registered to
cultivate, prepare, and package marijuana and to sell marijuana to Marijuana Retail
Facilities, Marijuana Products Manufacturing Facilities, Marijuana Testing Facilities,
but not to consumers.
"Marijuana Cultivation Facility, Standard" means an entity registered to cultivate in
an area greater than 500 square feet under cultivation, prepare, and package marijuana
and to sell marijuana to retail marijuana stores, to marijuana product manufacturing
facilities, and to other marijuana cultivation facilities, but not to consumers.
"Marijuana Cultivation Facility, Limited" means an entity registered to cultivate in
an area of 500 square feet or less of cultivation, prepare, and package marijuana and to
sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities,
and to other marijuana cultivation facilities, but not to consumers.
"Marijuana Products" means concentrated marijuana and marijuana products that are
comprised of Marijuana and other ingredients and are intended for use or consumption,
such as, but not limited to edible products, ointments, and tinctures.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2884 -2016
Page 12 of 25
"Marijuana Product Manufacturing Facility" means a state licensed fully enclosed
secure indoor facility registered to purchase marijuana, manufacture, prepare and
package marijuana products, and sell marijuana and marijuana products to other
marijuana product manufacturing facilities and to retail marijuana stores, but not to
consumers.
"Marijuana Testing Facility" means a state licensed commercial marijuana testing
facility that is registered to analyze and certify the safety and potency of Marijuana and
Marijuana Products.
"Mini- [s]Storage [f]Facility" means a completely enclosed structure containing three
(3) or more areas or rooms available for lease or rent for the purpose of the general
storage of household goods, vehicles or personal property; where the lessee of the unit
is provided direct access to deposit or store items and where vehicles do not fill the
majority of the allowed storage space.
"Mobile [h]Home" means a structure, which is built on a permanent chassis in
accordance with Department of Housing and Urban Development Standards and
designed to be used as a dwelling unit, with or without a permanent foundation when
connected to the required utilities. A mobile home is subject to all regulations applying
thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are
removed and regardless of the nature of the foundation provided.
"Mobile [h]Home [p]Park" means a site with required improvements and utilities for
the long -term parking of mobile homes which may include services and facilities for the
residents.
"Modular [h]Home" means a dwelling constructed in modules or sections at a place
other than the building site, built to conform to Title 4 of the Kenai Municipal Code, is
transported to the site and then assembled and placed on a permanent foundation.
"Motel" means a group of one (1) or more detached or semi - detached buildings
containing two (2) or more individual dwelling units and /or guest rooms designed for,
or used temporarily by, automobile tourists or transients, with a garage attached or
parking space conveniently located to each unit, including groups designated as auto
courts, motor lodges, or tourist courts.
"Museum" means a building or structure that houses and cares for a collection of
artifacts and other objects of scientific, artistic, or historical importance and makes
them available for public viewing through exhibits that may be permanent or temporary.
"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 [l]Lot" means a lot lawfully existing at the time this chapter became
effective, which by reason of area or dimensions, does not meet the development
requirements for the zone in which it is located.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2884 -2016
Page 13 of 25
"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.
"Principal [u]Use" means the major or predominant use of a lot or parcel of land.
"Profession" means an occupation or calling requiring the practice of a learned art
through specialized knowledge based on a degree issued by an institution of high
learning, e.g., Doctor of Medicine.
"Property [o]Owner" means the owner shown on the latest tax assessment roll.
"Public" means a place to which the public or a substantial group or persons has access
and includes highway, rivers, lakes, transportation facilities, schools, places of
amusement or business, parks, playgrounds, prisons, hallways, lobbies and other parts
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2884 -2016
Page 14 of 25
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.
"Recreation or Youth Center" means a building, structure, athletic playing field, or
playground, run or created by a local government or the state to provide athletic,
recreational, or leisure activities for minors, or operated by a public or private
organization, licensed to provide shelter, training, or guidance for persons under 21
years of age.
"Restaurant" means an establishment where food and drink is prepared, served, and
consumed primarily within the principal building.
"Retail [b]Business" means establishments engaged in selling goods or merchandise to
the general public for business or personal/ household consumption and rendering
services incidental to the sale of such goods.
"Retail Marijuana Store" means a state licensed entity registered to purchase
marijuana from a marijuana cultivation facility, to purchase marijuana and marijuana
products from a marijuana manufacturing facility, and sell marijuana and marijuana
products to consumers.
"Secondary [u]Use" means a use allowed on a lot or parcel of land only if there is also
an allowed principal use on the property.
"Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences,
emblems, devices, trade names, or trademarks by which anything is made known, such
as are used to designate an individual, firm, association, corporation, profession,
business, or a commodity or product, which are visible from any public street or highway
and used to attract attention.
"Square Feet Under Cultivation" means an area of the licensed premises of a standard
or limited cultivation facility that is used for growing marijuana, measured on the
perimeter of the floor or growing space for marijuana "Square Feet Under Cultivation"
does not include hallways, equipment storage areas, or other areas within the licensed
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2884 -2016
Page 15 of 25
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]_pdraction of [n]Natural [r]Resources" means removing valuable
minerals or other geological materials from the earth, from an ore body, vein or (coal)
seam. Materials recovered could include gas, oil, base metals, precious metals, iron,
uranium, coal, diamonds, limestone, oil shale, rock salt and potash.
"Surface [e]Extraction of [n]Natural [r]Resources" means removal of material, usually
soil, gravel, or sand for use at another location.
"Taxidermy" means the act of mounting or reproducing dead animals, fish, and /or
birds for display.
"Theater" means a building or structure, or part thereof, devoted to the indoor
exhibition of motion pictures and /or of live dramatic, speaking, musical, or other
presentations.
"Townhouse" means single - family dwelling units constructed in a series or group of
two (2) or more units separated from an adjoining unit by an approved party wall or
walls, extending from the basement of either floor to the roof along the linking lot line.
"Tree [n]Nursery" means a place where trees /plants are propagated and grown to
usable size.
"Use" means the purpose for which land or a building is arranged, designed, or
intended, or for which either land or a building is or may be occupied or maintained.
"Variance" means the relaxation of the development requirements of this chapter to
provide relief when the literal enforcement would deprive a property owner of the
reasonable use of his or her real property.
"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.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2884 -2016
Page 16 of 25
"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 Section 14.22.010 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.22.010 - 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
New Text Underlined; [DELETED TEXT BRACKETED]
ZONING DISTRICTS
LAND USES
RESIDENTIAL
ALI
C
RR
RR -1
RS
RS-
1
RS-
2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
One - Family Dwelling
N
C18
P
P
P
P
P
P
p21
S1
S2
S2
C22
P
P
P
S1 /C21
Two - ,Three - Family Dwelling
N
C18
P
P
P
P
P
P
P21
S1
C
C
C22
P
P
P
Sl /C21
Four - Family Dwelling
N
Cis
P
C3•29
P
N
N
P
P21
SI
C
C
C12
N
P
C
S1/C21
Five - ,Six - Family Dwelling
N
C18
C3
N
P
N
N
P
P21
SI
C
C
N
N
P
C
SI /C21
Seven -or More Family Dwelling
N
C18
C3
N
C3
N
N
P
P21
S1
C
C
N
N
P
C
SI /C21
Mobile Home Parksb
N
N
C
N
C
C
C
C
C
C
C
C
N
C
C
C
C
Planned Unit Residential
Development,
N_
CIS
C
C29
C
C
C
C
C
C
C
C
N
C
C
C
C
Townhouses'
N
C18
C3
C3,29
C3
C3
C3
C3
C
C
C
C
C22
C
C
C
C
Accessory Building on Parcel
Without Main Building or Use (See
KMC 14.20.200)
N
N
C
C
C
C
C
C
N
N
N
N
N
N
C
N
N
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2884 -2016
Page 17 of 25
COMMERCIAL
ALI
C
RR
RR -1
RS
RS-
1
RS-
2
RU
CC
CG
IL 11H
ED
R
TSH
LC
CMU
Airport Compatible Uses
p
N
N
N
N
N
N
N
C
C
C
C
N
N I
N
C I
C
Automotive Sales
C
N
C
N
N
N
N
C
P
P
P I
P
N
N
N
N I
P
Automotive Service Stations
C
N
C
N
N
N
N
C
P
P
P
P
N
C I
N
N I
P
Banks
C
N
C
N
C
N
N
C
P
P
P
C I
N
C I
C
C I
P
Business/Consumer Services
C
N
C
N
C
N
N
C
P
P
P
C I
N
C
C
C I
P
Commercial Recreation
N
N
C
N
C
N
N
C
P
P
C
C I
N
P
C
C
P
Guide Service
C
N
C
N
C
N
N
C
P
P
P
P I
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
P
P
P
C
N
P
P
C
P
Marijuana Cultivation Facility,
Limited 30
N
N
C
C
C
C
C
C
N
C
C
C
N
N
N
C
N
Marijuana Cultivation Facility,
Standard J0
N
N
C
C
C
C
C
C
N
C
C
C
N
N
N
C
N
Marijuana Product Manufacturing
Facilityi0
N_
N
N
N
N
N
N
N
N
C
C
C
N
N
N
N
N
Marijuana Testing Facility '0
N
N
N
N
N
N
N
N
C
C
P
P
I N
N
N
C
C
Professional Offices
C
N
I C
CZ"
C
N
N
P
P
P
P
P
I N
C
P
P
P
Restaurants
C
N
C
N
C
N
N
C
P
P
P
C
I N
C
C
C
P
Retail Business
C
N26
C
N
C
N
N
I C
I P
p
P
P
S24
S24
C
C
P
Retail Marijuana Store i°
N
N
N
N
N
N
N
I N
I N
C
C
C
N
N
N
C
C
Theaters
N
N
C
N
C
N
N
C
I P
P
C
C
N
P
C
C
P
Wholesale Business
C
N
C
N
C
N
N
C
C
P
P
P
N
S24
C
C
N
INDUSTRIAL
ALI
C
RR
RR -1
RS
RS-
1
RS-
2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
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
C
N
C
N
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
Manufacturing /Fabricating/Assembly
p
N
C
N
C
N
N
C
C
P
P
P
N
C
C
N
C
Mini - Storage Facility
C
N
C
N
C
N
N
C
C
P
P
P
N
N
N
C
C
Storage Yard
C
N
C
N
C
N
N
C
C
P
P
P
N
N
N
N
C
Warehouses
C
N
C
N
C
N
N
C
N
P
P
P
N
C
N
N
N
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2884 -2016
Page 18 of 25
PUBLIGINSTITUTIONAL
Assisted Irving
N
C
C
C
C
C
C
C
C
C I
C I
C
C
C
C
I C I
C
Churches*
N
C
Plo
plo
plo
plo
pro
plo
p10
pro I
C I
C
P
P10
P
P I
P
Clinics
N
C
C
N
C
C I
C
C
P
P
P I
C
C
C
C
P I
P
colleges*
N
C
C
C29
C
C
C
C
P
P
C I
C
P
C
C
C
P
Elementary Schools*
N
C
C
C29
C
C I
C
C
P
P
C I
C
P
C
C
C
P
Governmental Buildings
p I
C
C
C29
C
C I
C
C
P
P
P I
C
P
C
C
P
P
High Schools*
N
C
C
C29
C
C I
C
I C
P
P
C I
C
P
C
C
C
P
Hospitals*
N
C
C
N
C
C
C
I C
P
P
P I
C
C
C
C
C
P
Libraries*
N
C
C
C29
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
P
C
P
MISCELLANEOUS
C
RR
RRl
RS
RSl
RS2
RU
CC
IL
IH
ED
R
TSH
LC
CMU
Animal Boarding/Commercial
Kennel"
C
C
C
N
C
C
N
N
C
rCG
C
C
N
C
N
C
C
Assemblies" (Large: Circuses, Fairs,
Etc.)
p
C
C
N
C
C
C
C
p15
p15
p15
p15
C
p
N
prs
Bed and Breakfasts
N
C
C
C
C
C
C
C
C
C
C
C
N
P
C
C
P
Cabin Rentals
N
C
C
N
C
N
N
N
P
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), Radio/TV Transmitters/
Cell Sites ** xs
C
P
C
N
C
C
C
C
P
P
P
P
P
C
C
C
C
Crematories /Funeral Homes
N
N
C
N
C
N
N
C
C
C
C
C
N
C
C
C
C
Day Care Centers"
N
C
C
C29
C
C
C
C
P
P
P
C
C
C
C
P
P
Dormitmies/BoardingHouses
N
C
C
N
C
C
C
P
p21
S
C
P
Pei
C
C
C
P
Essential Services
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Farming/Geneml Agriculture * **
N
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
—
N
C
N
C
C
C
C
P
P
P
C
N
C
P
C
P
Greenhouses/Tree Nurseries °
N
C
C
N
C
C
C
C
P
P
P
C
N
C
C
C
P
Gunsmithing, Tuidermy
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 Lotsrr
C
C
C
N
C
C
C
C
C
C
C
C
C
C
C
C
C
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2884 -2016
Page 19 of 25
Personal services"
N
C
I C
N
I C
I C
I C
I C
P
P
P
P
C
C
P
P /CZ'
P
Recreational Vehicle Parks
N
C
C
N
C
N
N
C
C
C
C
C
N
C
C
N
I C
Subsurface Extraction of Natural
Resmace416
C
C
C
C
C
C
C
C
C
C
C
C
N
C
N
N
N
Surface Extraction of 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)
** 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;
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.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2884 -2016
Page 20 of 25
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]
Ordinance No. 2884 -2016
Page 21 of 25
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 and
departure zones pursuant to 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
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2884 -2016
Page 22 of 25
Dry Cleaners
ZONING DISTRICTS
X
Fitness Centers
X
Massage Therapist
X
Photographic Studios
X
Self- Service Laundries
x
Tailors
X
Tanning Salons
X
RU/
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, KMC Section 14.20.320 - Home Occupations, KMC
14.20.320 - Definitions, KMC 14.20.330 - Standards for Commercial Marijuana
Establishments.
Section S. Amendment of Chapter 14.24 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 14.24 - Development Requirements Tables, is hereby amended
as follows:
Table 14.24.010 Minimum lot area requirements.
DEVELOPMENT REQUIREMENTS TABLE
ZONING DISTRICTS
ALI /IL /IH/
I
RU/
CC /CG
USES
C /RR
RR-1
RS
RS
RS2
TSH
/CMU
R
ED
LC
MINIMUM LOT
AREA
(square feet)
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2884 -2016
Page 23 of 25
Footnotes:
(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]
See
individual
sections of
Single /Two /Three
Code for
Family Dwelling
20,000
20,000
7,200
12,500
7,200
7,200
requirements
20,000
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
N
12,500
Six Family
Dwelling
24 800
N
14,400
N
N
7,200
N
N
12,500
27,200+
16,800+
2,400 for
2,400 for
Seven or More
each unit
each unit
Family Dwelling
over 7
N
over 7
N
N
71200
N
N
12,500
Maximum Height
(feet)
35
35
35
35
35
35
Footnotes:
(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]
Ordinance No. 2884 -2016
Page 24 of 25
Table 14.24.020 General Requirements.
DEVELOPMENT REQUIREMENTS TABLE
ZONING DISTRICTS
RU /TS
ALI/IL /IH /C
USES
C /RR
RR -1
RS
RS -1
RS -2
H
C /CG /CMU
R
ED
LC
See individual
sections of
Code for
requirements
90
MINIMUM LOT Width feet
90
90
60
60
60
60
90
90
MINIMUM LOT Size feet
Front Setback'
20
20
20
20
20
10
20
20
20
20
Side Setbacks
One- Story 3
15
15
5
5
5
5
10
15
15
15
Day -light Basement /Split
Level
15
15
10
10
10
5
10
15
15
15
Two -Stor 3
15
15
15
15
15
54
10
15
15
15
Rear Setback
20
20
20
20
20
104
10
20
20
20
Maximum Lot Coverage
30%
30%
30%
30%
30%
40%
30%
30%
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 based on the primary vehicular access 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]
Ordinance No. 2884 -2016
Page 25 of 25
(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 18th day of May,
2016.
PAT PORTER, MAYOR
Introduced: May 4, 2016
Adopted: May 18, 2016
Effective: June 18, 2016
New Text Underlined; [DELETED TEXT BRACKETED]
"Villaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 M
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 11 Ill. 1
1992
MEMORANDUM:
Rick Koch, City Manager
FROM: Matt Kelley, City Planner
DATE: March 30, 2016
SUBJECT: Ordinance No. 2884 — 2016 — An Ordinance to Enact Kenai Municipal
Code Section 14.20.065 - Airport Light Industrial (ALI)
The purpose of this communication is to introduce Ordinance No. 2884 — 2016 to the Council of
the City of Kenai:
On June 23, 2015, November 12, 2015 and January 13, 2016, the Planning & Zoning Commission
and the Airport Commission held Joint Work Sessions to discuss and create the proposed Airport
Light Industrial Zoning District. At each work session the two Commissions discussed the
proposed Ordinance which would enact Kenai Municipal Code Section 14.20.065 — Airport Light
Industrial Zone.
When the City of Kenai received Zoning Authority from the Borough all parcels designated as
Airport Property, were zoned Conservation Zone. At the time it was intended that these parcels
be reserved for Kenai Municipal Airport use pursuant to the 1963 Deed of Conveyance from the
Federal Aviation Administration. Over time, the interpretation of the Conservation Zone has
changed and has moved more towards preserving these parcels for open spaces, watersheds
and wildlife reserves. Airports are still included in the Conservation Zone; however, it has been
predominantly for aircraft approach zones. As airport lands have been leased and developed,
the zoning designation of these parcels has changed to Light Industrial (IL) which allows "Airports"
as a Conditional Use. Kenai Municipal Code Section 14.20.320 — Definitions, defines the Airport
Use as "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."
In researching the proposed Airport Light Industrial Zone, staff looked at the Light Industrial Zone
appropriate land uses contained within it. The intent of the Light Industrial Zone as outlined in
KMC 14.20.130 is "designed to provide for the development of industrial and commercial uses
which are usually compatible and which are of a type which has no nuisance effects upon
surrounding property, or which may be controlled to prevent any nuisance effects upon
surrounding property. New residential uses and other non - industrial uses, except as otherwise
provided in this chapter, are not permitted in this zone as principal uses because it is intended
that land classified in this zone be reserved for industrial and commercial purposes, and because
the IL zone is not suited to the excluded uses." The proposed new zoning code would seek to
protect the viability of the airport and encourage appropriate development and compatible land
uses, consistent with aviation uses. It would also take into account the protection of Runway
Protection Zones and help to reduce hazards to public health, safety and welfare.
At their regular meeting of February 11, 2016, the Airport Commission voted unanimously to
support the proposed Ordinance and directed staff to forward this recommendation to the City
Council along with a recommendation from the Planning & Zoning Commission.
At their regular meeting of March 9, 2016, the Planning and Zoning Commission voted to support
the proposed Ordinance and directed staff to forward this recommendation to the City Council.
Thank you for your consideration.
FIB
Municipal
Memo
305 N. WILLOW ST. SURE 200 K BW, ALASKA 99611
7ELERME 907.2837951
FAX 907,2833737
To:
Rick R. Koch - City Manager
Thru:
Matt Kelley — City Planner
From:
Mary Bondurant — Airport Manager
Date:
February 12, 2016
Subject:
Proposed Ordinance of Airport Rezone
An item of new business discussed at the February 11, 2016, Airport Commission meeting was
the proposed ordinance of Airport rezone.
The ordinance would create the Airport Light Industrial (ALI), rezone parcels with the Airport
Reserve from Conservation (C), Light Industrial (LI) and Suburban Residential (RS) to Airport
Light Industrial (ALI) and certain parcels along the Kenai Spur Highway from Conservation (C)
to General Commercial (CG).
The City Planner presented an updated ordinance based on comments received during work
sessions with the Planning and Zoning Commission and Airport Commission and based on
discussions with Airport and City Administration.
After discussion, the Airport Commission moved to adopt the new Airport Rezone and rezone of
certain parcels along the Kenai Spur Highway. The Airport Commission also recommended that
the City Manager at the request of the Airport Commission move forward with the Rezone
applications.
The Airport Commission recommends that Council adopt the new Airport Rezone from
Conservation, Light Industrial and Suburban Residential to Airport Light Industrial and
certain parcels along the Kenai Spur Highway from Conservation to General CommerciaL
www.kenaiairport.com.
"li'llaye with a Paso Cl' l with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 lkmemo
Telephone: 907- 283.75351 FAX: 907 - 283 -3014 1
M2
APPROVED 13Y COUNCIL
MEMO: Date. e��� —,,
TO: Mayor Porter and the Kenai City Council
FROM: Councilor Henry Knackstedt
DATE: May 6, 2015
SUBJECT: Airport Lands Rezoning Discussion/Action item
The purpose of this correspondence is to request that the City Council direct the
Airport Commission, Planning & Zoning Commission, and Administration to research
and provide recommendations to the City Council regarding the appropriate zoning for
all Airport Lands?
The 1963 Deed of Conveyance from the FAA to the City of Kenai requires that Airport
Lands be used for the benefit of the airport. This has been accomplished by sale or
lease of airport lands and the development of the Airport Reserve Area.
When the City of Kenai initiated zoning, it designated all airport properties as
"Conservation ", meaning at the time that the land was conserved for the use of the
Kenai Municipal Airport per the 1963 Deed. This zoning designation has been
problematic since the meaning of the word "conservation" has a different modem
connotation which causes confusion, and because each lease or sale has required
appropriate rezoning,
The commissions should consider creating a new zone for all lands within the Airport
Reserve, appropriate for and consistent with the established requirements of the area.
Additionally, the commissions should consider appropriate zoning for undeveloped
lands outside the Reserve. It is anticipated that existing zoning would be used
however, for some areas it may be needed to create a new zone for airport lands where
the appropriate zoning is unclear.
1 respectfully request your support to request the two commissions and Administration
work together to provide the council appropriate airport land zoning recommendations.
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16 -05
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.
LdL— �
CHAIRPERSON: 4MitT ' ATTEST:
, Chairperson Sa dr Modi ,City Clerk