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Home My WebLink AboutORDINANCE 1916-2001Suggested by: Council Member Pat Porter CITY OF KENAI ORDINANCE N0. 1916-2001 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.150 (CONDITIONAL USES) TO PROVIDE: 1) THAT APPLICANTS MUST PROVIDE EVIDENCE OF BEING CURRENT ON ALL CITY OBLIGATIONS PRIOR TO ISSUANCE OF A PERMIT; 2) TO PROVIDE FOR AN ANNUAL REPORT SUMMARIZING ON-SITE ACTIVITY FOR THE YEAR; 3) SETTING FORTH STANDARDS FOR REVOCATION OF CONDITIONAL USE PERMITS FOR NON-COMPLIANCE WITH THE TERMS OF THE PERMIT, VIOLATIONS OF THE KENAI ZONING CODE, OR DELINQUENCY IN CITY OBLIGATIONS. WHEREAS, applicants for conditional use permits should be required to provide proof of being current on financial obligations to the city prior to .issuance of a conditional use permit; and, WHEREAS, conditional use permit holders should be required to submit annual reports outlining the on-site activity in order to assist the city in monitoring compliance; and, WHEREAS, procedures for revocations of out of compliance conditional use permits should be better defined for the benefit of both the city and permit holders. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF fiHE CITY OF KENAI, ALASKA that KMC 14.20.150 is amended as appears on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of June 2001. ATTEST: A Carol L. Freas, ity Clerk ~~ Introduced: June 6, 2001 Adopted: June 20, 2001 Effective: July 20, 2001 Ordinance No. 1916-2001 Attachment "A" Page 1 of 2 14.20.150 Conditional use permits. (a) Intent. It is recognized that there are some uses that maybe compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission may permit this type of use if the conditions and requirements listed in this chapter are met. The allowed uses are listed in the Land Use Table. Before a conditional use permit maybe granted, the procedures specified in this chapter must be followed. (b) Applications. Applications for a conditional use permit shall be filed in writing with the Planning Department. The application shall include, but is not limited to, the following: (1) Name and address of the applicant; (2j Verification by the owner of the property concerned if other than the applicant; (3) A legal description of the property involved; (4) A description of the proposed use; (5) Dimensioned plot plans showing the location of all existing and proposed buildings or alteration, and such data as maybe required; and Th r ri f (6) e app op ate ee. (c) Public Hearing. If the application is in order, a public hearing shall be scheduled in accordance with the requirements of KMC 14.20.280 of this title. (d) Review Criteria. Prior to granting a use permit, it shall be established that the use satisfies the following conditions: (1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; (2) The value of the adjoining property and neighborhood will not be significantly impaired; (3) The proposed use is in harmony with the Comprehensive Plan; (4) Public services and facilities are adequate to serve the proposed use; (5) The proposed use will not be harmful to the public safety, health or welfare; (6) Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. (e) Issuance of the permit. Following approval by the Commission, the administrative official shall not issue the, permit until the expiration of the 15-day appeal period contained in KMC 14.20.290. After approval by the Commission and before the issuance of the permit, the administrative official must determine that the applicant is current on all obligations (e.~. sales tax, property tax, lease payments, utility paymentsl to the city or has entered into an approved payment plan with the city on any obligations owed and the applicant is in compliance with the patent plan and (if the permit is for a use required to collect sales tax) must show a valid borough sales ~~, tax account. If a timely appeal is filed pursuant to KMC 14.20.290, the permit shall not be issued unless authorized b the Board of Ad'ustment. J (fl Yearly reports. The permit holder shall submit a ,may report between October 1 and December 31 to the administrative official. Such report shall include a summary of the on-site activity. (~) Revocation for non-compliance/Compliance notices. If the Commission determines, based on the yearly review or any other investigation undertaken by the official, that the conduct of the operation(s) is not in compliance with: 1) the terms and conditions of the permit; 2) the provisions of the Kenai Zoning Code; 3) or that the permit holder is not current on any obligations (e.~. sales tax, property tax, utility payments, lease payments) to the city unless the applicant has entered into an approved payment with the city on any obligations owed and the applicant is in compliance with the payment plan, the Commission may revoke the permit. The Commission shall not revoke the permit until the permit holder has been notified and iven reasonable opportunity to correct the deficiency(s) or to provide information relating to or rebutting the alleged deficiency(s). Appeals from decisions under this section shall be made in accordance with the provisions of KMC 14.20.290. If the administrative official determines the permit holder is in compliance with the conditions in this paragraph, it shall send a notice of compliance to the Commission and the permit holder. [e] (h) Modification of final approval. (1) An approved conditional use permit may, upon application by the permittee, be modified by the Planning and Zoning Commission; (a) When changed conditions cause the conditional use to no longer conform to the standards for its approval; (b) To implement a different development plan conforming to the standards for its ~ a royal. pp (2) The modification application shall be subject to a public hearing and a filing fee. ([f]ij Expiration--Extensions--Transferability. (1) An approved conditional use permit lapses twelve (12) months after approval if no building permit is procured or if the allowed use is not initiated. (2) The Commission may grant time extensions not to exceed six (6) months each upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. A request for an extension must be submitted prior to the expiration of the permit. A public hearing shall not be required prior to granting an extension of time. (3) A conditional use permit shall automatically expire if for any reason the conditioned use ceases for a period of one (1) year or longer. (4) A conditional use permit is not transferable from one (1) parcel of land to another. Conditional use permits maybe transferred from one (1 j owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained. CITY OF KENAI PLANNING 8v ZONING COMMISSION RESOLUTION N0. PZO 1-22 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, KMC 14.20.150 (CONDITIONAL USES) BE AMENDED TO PROVIDE: 1) THAT APPLICANTS MUST PROVIDE EVIDENCE OF BEING CURRENT ON ALL CITY OBLIGATIONS PRIOR TO ISSUANCE OF A PERMIT; 2) TO PROVIDE FOR AN ANNUAL REPORT SUMMARIZING ON-SITE ACTIVITY FOR THE YEAR; 3) SETTING FORTH STANDARDS FOR REVOCATION OF CONDITIONAL USE PERMITS FOR NON-COMPLIANCE WITH THE TERMS OF THE PERMIT, VIOLATIONS OF THE Kenai ZONING CODE, OR DELINQUENCY IN CITY OBLIGATIONS. WHEREAS, applicants for conditional use permits .should be required to provide proof of being current on financial obligations to the city prior to issuance of a conditional use permit; WHEREAS, conditional use permit holders should be required to submit annual reports outlining the on-site activity in order to assist the city in monitoring compliance; WHEREAS, procedures for revocations of out of compliance conditional use permits should be better defined for the benefit of both the city and permit holders. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.20.150 is amended as attached. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, Alaska, PASSED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 23rd day of MAY, 2001. z Chairman ATTE T: