HomeMy WebLinkAboutORDINANCE 1862-2000Suggested by: Administration
CITY OF KENAI
ORDINANCE N0. 1862-2000
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
VARIOUS SECTIONS OF TITLE 4 AND TITLE 14 OF THE KENAI MUNICIPAL CODE TO
CLARIFY AND CORRECT INCONSISTENCIES.
WHEREAS, KMC 14 and KMC 4 currently contain some sections with inconsistencies;
and
WHEREAS, KMC 14 and KMC 4 currently contain some sections that need
clarification; and
WHEREAS, a breakdown and explanation of the individual changes and amendments
is contained in Attachment B; and
WHEREAS, the Planning 8~ Zoning Commission has reviewed the suggested changes,
held public hearings on the suggested changes and recommended their approval.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska,
that changes to Title 4 and Title 14 of the Kenai Municipal Code be made as detailed
in Attachment A.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of June,
2000 _
ATTEST:
v ,~~'2G,(~e~
Carol L. Freas, City Clerk
Introduced: May 3, 2000
Adopted: June 21, 2000
Effective: July 21, 2000
4.05.035 Inspections.
Section 108.5.6 of the Uniform Building Code as adopted by this chapter is amended to read:
On new and enlarged structures, the Building Official shall require the submission of an as-built
survey as performed by a state registered land surveyor prior to final inspection if it is deemed
necessary to comply with KMC Title 14 setback requirements and Building Code regulations.
14.10.010 General.
[(d) FINAL PLATS SUBMITTED TO THE BOROUGH FOR APPROVAL WILL BE
SUBMITTED BY THE BOROUGH TO SAID CITY FOR REVIEW WHEN THE DESIGN
DEVIATES FROM THE PRELIMINARY PLAT IN A MANNER WHICH HAS NOT BEEN
RECOMMENDED BY THE CITY. IN SUCH INSTANCES, THE CITY PLANNING
COMMISSION SHALL HAVE 49 DAYS FROM THE DATE OF RECEIPT IN WHICH TO
REVIEW THE FINAL PLAT AND TAKE ACTION.]
14.10.030 Jurisdiction and procedure.
(a) It shall be unlawful for any person being the owner, agent, or person having control of any
land within the City of Kenai to subdivide or lay out such land in lots, unless by a plat, in
accordance with the regulations contained herein. A preliminary plat shall [FIRST] be submitted
to the [KENAI PENINSULA BOROUGH PLANNING DEPARTMENT FOR STUDY. THE
COPIES WILL BE FURNISHED BY THE BOROUGH TO THE] City of Kenai[,] who shall
make recommendations to the Borough Planning Commission.
[14.10.050 FILING FEES.]
[THE PRELIMINARY PLAT SHALL BE ACCOMPANIED BY A FEE 1N THE AMOUNT OF
$.0.50 PER LOT AND SHALL NOT EXCEED $25.]
14.10.070 Subdivision design standards.
(e) Lots:
(5) In subdivisions where septic tanks or other individual sewage disposal devices are to be
installed, the size of all lots included in such subdivision shall [BE SUBJECT TO THE
APPROVAL OF THE CITY SANITARIAN OR HEALTH OFFICER OF THE CITY OF
KENAI. THE APPROVAL OF THE CITY SANITARIAN SHALL BE BASED UPON THE
ALASKA STATE BOARD OF HEALTH REQUIREMENTS. HE SHALL NOTIFY THE
DEVELOPER AND THE CITY PLANNING COMMISSION, IN WRITING, OF HIS
FINDINGS] meet Kenai Peninsula Borough requirements.
14.15.010 Uniform numbering system.
(b) All streets and other public ways shall be named as follows:
Ordinance No.18b2-2000
Attachment A Page 1 of 8
(3) All subdivision plats shall be submitted to the [PUBLIC WORKS DIRECTOR] Planning and
Zoning Administration for review and approval prior to final approval by the Planning and
Zoning Commission.
14.15.060 Survey, placement, and size of numbers.
(b) Such number or numbers shall be placed on existing buildings on or before the effective date
of this chapter and within twenty (20) days after the assigning of the proper number in the case
of numbers assigned after the effective date of this chapter. The cost of the numbers shall be
procured and paid for by the property owner. The numbers used shall be not less than three (3)
inches in height and shall be made of a durable and clearly visible material. [IF THE PROPER
NUMBER IS NOT PLACED ON AN EXISTING BUILDING ON OR BEFORE THE
EFFECTIVE DATE OF THIS CHAPTER, IT SHALL BE THE DUTY OF THE DIRECTOR
OF PUBLIC WORKS TO HAVE INSTALLED THE PROPER NUMBER OR NUMBERS ON
SAID PREMISES AS HEREINAFTER SET FORTH AND TO MAKE A CHARGE OF TEN
DOLLARS ($10.00) FOR EACH SET OF ~BERS SO INSTALLED.]
14.15.080 Plat book.
For the purpose of facilitating a correct numbering, a plat book of all streets, avenues, and public
ways within the City showing the proper numbers of all houses or other buildings fronting upon
all streets, avenues, or public ways shall be kept on file in the office of the [DIRECTOR OF
PUBLIC WORKS] Building Official. These plats shall be open to inspection of all persons
during the office hours of the City of Kenai. (KMC 14-68)
14.15.090 [DIRECTOR OF PUBLIC WORKS] Building Official.
It shall be the duty of the [DIRECTOR OF PUBLIC WORKS] Building Official to inform any
party applying therefore of the number or numbers belonging to or embraced within the limits of
any said lot or property as provided in this chapter. Incase of conflict as to the proper number to
be assigned to any building, the said [DIRECTOR OF PUBLIC WORKS] Building Official shall
determine the number of said building.
14.15.100 Owner to procure number.
Whenever any house, building, or structure shall be erected or located in the City of Kenai after
the establishment of a uniform system of house and building numbering has been completed, in
order to preserve the continuity and uniformity of numbers of houses, buildings, or other
structures, it shall be the duty of the owner to procure the correct number or numbers as
designated from the [DIRECTOR OF PUBLIC WORKS] Building Official for the said property
and to immediately fasten the said number or numbers so assigned upon said building as
provided by this chapter. No building permit shall be issued for any house, building or structure
until the owner has procured from the [DIRECTOR OF PUBLIC WORKS] Building Official the
official number of the premises. Final approval of any structure erected, repaired, altered, or
Ordinance No.1862-2000
Attachment A Page 2 of 8
modified after the effective date of this chapter shall be withheld by the City Building Inspector
until permanent and proper numbers have been affixed to said structure.
14.20.020 Application of regulations.
[(E) EVERY BUILDING HEREAFTER ERECTED SHALL BE LOCATED ON A LOT AS
HEREIN DEFINED, EXCEPT THAT, IF TWO OR MORE CONTIGUOUS LOTS ARE
UNDER THE SAME Ow'NERSHIP, A BUILDING MAY STRADDLE THE INTERIOR LOT
LINE OR LINES PROVIDED THAT NO INTERIOR PARTITION OF THE BUILDING
FALLS ON A LOT LINE SO THAT SUCH PORTION COULD BE SOLD SEPARATELY
FROM THE REMAINDER OF THE BUILDING. THIS WOULD NOT PRECLUDE THE
SALE OF SUCH PROPERTY AS CONDOMII~IIUMS OR TOWNHOUSES PROVIDED
THEY ARE BUILT AS SUCH. ]
14.20.050 Non-conforming lots, structures, and uses.
(c} Non-Conforming Lots of Record. In any zone in which single-family dwellings are permitted,
notwithstanding limitations imposed by other provisions of this chapter, asingle-family dwelling
and accessory buildings may be erected on any single lot of record at the effective date of
adoption or amendment of this ordinance. Such lot must be in separate ownership and not of
continuous frontage with other lots in the same ownership. This provision shall apply even
though such lot fails to meet the requirements for area or width, or both, if the lot conforms to
the regulation for the zone in which such lot is located. Exception to development requirements
shall be obtained only through the variance procedures established in this chapter. [IF TWO OR
MORE LOTS OR COMBINATIONS OF LOTS AND PORTIONS OF LOTS WITH
CONTINUOUS FRONTAGE IN SINGLE Ow'NERSHIP ARE OF RECORD AT THE TIME
OF PASSAGE OR AMENDMENT OF THIS ORDINANCE CHAPTER, AND IF ALL OR
PART OF THE LOTS DO NOT MEET REQUIREMENTS FOR LOT WIDTH AND AREA AS
ESTABLISHED BY THIS CHAPTER, THE LANDS INVOLVED SHALL BE CONSIDERED
TO BE AN UNDIVIDED PARCEL FOR THE PURPOSES OF THIS CHAPTER, AND NO
PORTION OF SAID PARCEL SHALL BE USED OR SOLD WHICH DOES NOT MEET LOT
WIDTH AND AREA REQUIREMENTS ESTABLISHED BY THIS CHAPTER, NOR SHALL
ANY DIVISION OF THE PARCEL BE MADE WHICH LEAVES REMAINING ANY LOT
WITH WIDTH OR AREA BELOW THE REQUIREMENTS STATED IN THIS CHAPTER,
EXCEPT TO ALLOW THE ADDITION TO ABUTTING LAND TO MAKE A STANDARD
LOT, PROVIDING SUCH SALE DOES NOT THEREBY CREATE A SUBSTANDARD
REMAINING LOT. ]
14.20.105 Townsite Historic (TSH) Zoning District.
(e) Development Criteria. The development criteria is intended to provide for a district in which
residential and business enterprises cohabit-habitat as a desirable and compatible use. All
proposed construction, renovation, demolition, or alteration shall;
(1) Encourage, whenever possible and compatible with historic character of the TSH zone, foot
traffic; restaurants, gift shops, parks, etc.; indigenous Kenai Peninsula flora; wooden structures
including log style with soft colored or natural sidings.
Ordinance No.1862-2000
Attachment A Page 3 of 8
(2) Discourage uses which will violate the historic and scenic quality of the TSH zone; buildings
and building additions that are not compatible with adjacent buildings or which violate the
existing character and scale of the district.
(3) Specific structures and activities which will not be allowed, but are not limited to:
(a) Buildings with "modern design style of architecture" that have no historical correlation with
the district;
[(B) MULTIPLE FAMILY RESIDENCES (EXCLUDING DUPLEXES)];
(c) Gas stations;
(d) Auto repair shops;
[(E) RENTAL STORAGE OF ANY K:IND];
(i) Uses.
(1) Principal Permitted Uses as allowed in Land Use Table.
(2) Conditional Uses: As allowed in the Land Use Table, KMC 14.20.150 and subject to the
provision of this chapter.
[ 1. SUCH USES MUST BE SIMILAR TO PRINCIPAL USES PERMITTED IN THE ZONE.
2. SUCH USES MUST BE IN HARMONY WITH THE INTENT OF THE ZONE.]
14.20.156 Yearly review.
The administrative official shall review the operations of the permit holder [EACH YEAR
WITHIN SIXTY (60) DAYS FOLLOWING THE ANNIVERSARY OF THE ISSUANCE OF
THE CONDITIONAL USE PERMIT] annuall to determine whether such permit holder is in
compliance with the provisions of this chapter. He shall compile a report based on his review and
shall submit his report, along with the report of the permit holder as required by this chapter, to
the Commission.
14.20.160 Townhouses.
(b) Townhouses shall be subj ect to the following standards:
(8) The developer or subdivider of any townhouse development including common open area,
property, or amenities, shall have evidence that compliance with the Horizontal Property
Regimes Act, AS 34.07 has been made prior to the sale of any townhouse dwelling units[, AND
FURTHER: ] .
[(A) THE DEVELOPER OR SUBDIVIDER OF ANY TOWNHOUSE DEVELOPMENT
SHALL DEPOSIT WITH THE APPROPRIATE HOMEOWNERS ASSOCIATION, FORMED
IN COMPLIANCE WITH THE HORIZONTAL PROPERTY REGIMES ACT CITED IN THIS
SECTION, A CONTINGENCY FUND IN THE SUM OF $500 PER DWELLING UNIT IN
THE TOV~JNHOUSE DEVELOPMENT;
(B) A COPY OF THE BY-LAWS OF THE HOMEOW'NERS' ASSOCIATION SHOWING IN
WHAT MANNER THE AFORESAID CONTINGENCY FUND SHALL BE CONTROLLED
SHALL BE FURNISHED TO THE CITY FOR REVIEW AND APPROVAL.]
14.20.161 Zero lot line development.
~ (b) Zero lot line development shall be subj ect to the following standards;
Ordinance No.18b2-2000
Attachment A Page 4 of 8
(5) The developer or subdivider of any zero lot line development including common open areas,
property, or amenities, shall have evidence that compliance with the Horizontal Property
Regimes Act, AS 34.07, has been made prior to the sale of any zero lot line dwelling units[,
AND FURTHER: ] .
[(i) THE DEVELOPER OR SUBDIVIDER OF ANY ZERO LOT LINE DEVELOPMENT
SHALL DEPOSIT WITH THE APPROPRIATE HOMEOWNERS' ASSOCIATION, FORMED
IN COMPLIANCE WITH THE HORIZONTAL PROPERTY REGIMES ACT, CITED IN
THIS SECTION, A CONTINGENCY FUND IN THE SUM OF $500 PER DWELLING UNIT
IN THE ZERO LOT LINE DEVELOPMENT;
(ii) A COPY OF THE BY-LAWS OF THE HOMEOWNERS' ASSOCIATION, SHOWING IN
WHAT MANNER THE AFORESAID CONTINGENCY FUND SHALL BE CONTROLLED,
SHALL BE FURNISHED TO THE CITY FOR REVIEW AND APPROVAL.]
(7) Side yard setbacks [SHOULD BE TEN FEET (10') FOR SINGLE FLOOR, FIFTEEN
FOOT (15') SETBACK FOR ONE AND ONE-HALF AND TWO STORY] as stated in the Land
Development Requirements Table
14.20.170 Planned unit residential development.
(b) Planned Unit Residential Development shall be subject to the following standards:
(8) The developer or subdivider of any Planned Unit Residential Development including
common open area, property, or amenities, shall have evidence that compliance with Horizontal
Property Regimes Act, AS 34.07 has been made prior to the sale of any townhouse dwelling
units [, and further: ] .
[(A) THE DEVELOPER OR SUBDIVIDER OF ANY PLANNED UNIT RESIDENTIAL
DEVELOPMENT SHALL DEPOSIT WITH THE APPROPRIATE HOMEO~i'NERS'
ASSOCIATION, FORMED IN COMPLIANCE WITH THE HORIZONTAL PROPERTY
REGIMES ACT CITED IN THIS SECTION, A CONTINGENCY FUND IN THE SUM OF
$500 PER DWELLING UNIT IN THE TOWNHOUSE DEVELOPMENT;
(B) A COPY OF THE BY-LAWS OF THE HOMEOWNERS' ASSOCIATION SHOWING IN
WHAT MANNER THE AFORESAID CONTINGENCY FUND SHALL BE CONTROLLED
SHALL BE FUrRNISHED TO THE CITY FOR REVIEW AND APPROVAL.]
14.20.190 Principal structures.
(a) Erection of More Than One Principal Structure on a Lot. In any zone more than one (1)
principal structure housing a permitted use may be erected on a single lot; provided that,' area
width and all other development requirements of the zone shall be met for each principal
structure as though each structure were on an individual lot except one additional single-family
dwelling may be permitted on the same lot provided the principal structure is asingle-family
dwelling, and the maximum lot coverage and setback requirements for the zone are met.
(b) Distance Between Buildings on a Lot. No detached dwelling or other main building shall be
less than six (6) feet from any other detached dwelling or main building on the same building
site.
Ordinance No.1862-2000
Attachment A Page 5 of 8
14.20.200 Accessory structures.
(a) Yard Requirements for Accessory Structures. Where yards are required, accessory structures
shall be subj ect to the same requirements as principal structures except as follows:
(2) Covered but unenclosed passenger landings [OR] carports or storage sheds not more than
one (1) story in height may extend into either side yard or rear yard, but such structure shall not
be closer than three (3) feet to an adjoining lot;
(4) A detached accessory building may be permitted to occupy a rear yard; provided that, not
more than one-third (1/3) of the total area of such rear yard shall be so occupied. Exce t as
provided in KMC 14.20.200(a)(2), setbacks must be maintained if structure requires a building
it.
14.20.240 Mobile homes.
(fj Manufactured and modular homes as defined are exempt from this subsection.
14.20.245 Recreational vehicles.
(d) Prohibited Use of Recreational Vehicles. No person may occupy or utilize any recreational
vehicle as living quarters or sleeping accommodations under any of the following conditions:
(3) While such vehicle is parked on private property and set up for long term use. Long term use
includes, but is not limited to, connection to external fuel tanks or natural gas, skirting in,
connection to water, sewer, electrical or natural gas, or exceeding thirty (30) consecutive days.
(e) Exceptions to Prohibited Uses.
(4) Recreational vehicles may be set up as living or sleeping quarters by permit in conjunction
with an active building permit under the following conditions:
1. During the period of April 1 until October 3 1.
2. On bona fide construction sites.
3. One recreational vehicle per construction site.
4. Permits are for amaximum ofone-hundred eighty (180) days.
14.20.250 Off-street parking and loading requirements.
(a) jIN ALL ZONESl For non-residential uses, there shall be provided at the time of construction
of any main building or at the time of the alteration, enlargement, or change in use of any main
building, permanently maintained off street parking facilities for the use of occupants,
employees, or patrons of such building. It shall be the joint and several responsibility of the
owner and/or occupant of any main building or structure to provide, and thereafter maintain,
minimum free off street parking facilities as required below.
(b) No existing parking area and no parking area provided for the purpose of complying with the
provisions of this chapter shall herea~er be relinquished or reduced in any manner below the
requirements herein established.
(4) Design Standards.
(B) [PARKING AREAS SHALL NOT BE USED FOR SALES DISPLAY, STORAGE,
REPAIR WORK, OR ANY PURPOSE OTHER THAN PARKING] Parking areas and front
yards as defined in 14.20.320 (b) (75), which includes the required parking spaces, in
Ordinance No.1862-2000
Attachment A Page 6 of 8
commercial use areas shall not be used for storage, repair work or any purpose other than
parking, landscaping, signage, or sales displays. Anon-conforming use of parking areas and
front yards prohibited by this section shall be made to conform to this section within a period of
one (1) year after adoption of this ordinance.
Exc~e tion: Semi-trailers or containers may be parked in these areas for no more than thirty
consecutive days to facilitate unloading. Trucking terminals and bona fide construction sites are
exem t;
(8) Off Street Parking Requirements: (See attached Addendum A.)
14.20.280 Public hearings and notifications.
(c) Property Owner Notification: [A COPY OF THE AFOREMENTIONED NEWSPAPER]
Notification shall be sent by certified mail to real property owners on record on the borough
assessor's records within a 300-foot periphery of the parcel affected by the proposed action. This
notice shall be mailed not less than ten (10) days prior to the date of hearing. When a public
hearing is to be held about a proposed zoning ordinance amendment involving a change in the
text or major district boundary changes, no notification of neighboring property owners shall be
required, but notices shall be displayed in at least three (3) public places.
14.20.290 Appeals--Board of adjustment.
(a) Appeals from decisions of the administrative official or the Commission must be submitted in
writing to the City Clerk within [THIRTY (30)] fi~een 15 days of the decision. The appeal
shall be heard by the Kenai City Council acting as the Board of Adjustment.
14.20.320 Definitions.
(b) Specific Definitions: (*Remove numbering and insert these alphabetically.)
"Manufactured housing" is a dwelling unit that meets Dept. of Housing and Urban Development
Standards for manufactured housing and is wider than sixteen feet, has a roof pitch of 4:12 or
greater with shingles and siding common to standard residential construction is moved on the
highway by a licensed commercial trailer and placed on a permanent foundation.
"Modular home" means a building constructed as a prefabricated or assembled unit at a place
other than the building site, is wider than sixteen feet, has a roof pitch of 4:12 or greater with
shingles and siding common to standard residential construction and is moved on the highway by
a licensed commercial trailer and then placed on a permanent foundation.
"Mobile home" a structure, transportable in one or more sections, which is built on a permanent
chassis in accordance with Dept. of Housing and Urban Development Standards contained in
Code of Federal Regulations Title 24, Chapter 20, 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.
Ordinance No.1862-2000
Attachment A Page 7 of 8
14.22.010 Land Use Table. (See attached Addendum "B.")
14.24.01 Development Requirements Table. (See attached Addendum "B.")
14.24.030 Addendum to development requirements tables.
A. Additional Requirements.
1. Minimum Yards.
Yards for Corner Lots. The minimum side yard on the street side, or platted right-of way, or
government easement, of a corner lot shall be the same as the minimum front yard required for
that zone. The front yard shall be determined as being the area between the main entrance to the
building and the street, right of way, or government easement.
2. Maximum Heights.
Height Limitation of Structures Near Airport. All structures in aircraft-approach zones and
within eight thousand (8,000) feet of the main runway shall be subject to height limitation on the
basis of obstruction criteria as shown on the current FAA-approved Kenai Airport Master Plan
drawings which are on file at Kenai City Hall.
14.25.020 Application.
This section shall apply to all commercial and industrial development and all development of
[$10,000] $20,000 or more in the Townsite Historic Zone (TSH) within the City of Kenai and
shall apply to both the landscaping and site plans. "Commercial and industrial development" and
"all development" shall be defined as any improvements requiring a building permit for new
construction or any improvements of [$10,000] $20,000 or more, which adds square footage,
[ALTERS THE EXTERIOR, OR CHANGES THE OCCUPANCY OF THE BUILDING,]
located on properties within the Central Commercial (CC), General Commercial (CG), Heavy
Industrial (IH), Townsite Historic (TSH), and Light Industrial (IL) zoning districts. It shall be
unlawful for any person to construct, erect or maintain any structure, building, fence, or
improvement, including landscaping, parking, and other facilities on property designated as a
commercial tract unless such improvements are constructed or reconstructed in a manner
consistent with the approved plan.
14.25.030 Landscaping/site plan--Submittal requirements.
Three (3) copies of the landscaping/sitep1an 11x14" sized shall be submitted for approval to the
Planning Specialist prior to the issuance of a building permit. One copy of the approved plans
shall be returned to the applicant; one copy filed; and the third copy showing action taken, filed
with the Building Official. The landscaping/site plan shall be prepared at a minimum scale of 1"
= 20' and shall include the following information:.. .
End
Ordinance No.1862-2000
Attachment A Page 8 of 8
DWELLING AND LODGING I MI1vIMUM NUMBER OF PARKING .
SPACES REQUIRED
Hotels, rooming and houses and other structures One per dwelling unit and one per three guest
containing sleeping rooms other than, or in room.
addition to, dwelling units .
Mobile Home Parks.
Motels .
Two per trailer.
One per unit.
Multiple-family dwellings and other places One per efficiency unit; 1-112 per one-bedroom
containing dwelling units . unit; and two per two or more bedroom units .
Single-family dwellings, two-family dwellings,
and parish houses .
Two per dwelling unit.
INSTITUTIONS AND PUBLIC USES
Churches, theaters, auditoriums, and other
places of public assembly with fixed seats.
Clinics.
Day nurseries, foster homes, and kindergarten.
[ELEMENTARY AND JUNIOR HIGH
SCHOOLS.]
Hospitals, sanitariums, nursing and rest homes.
MI1vIMUM NUMBER OF PARKING
SPACES REQUIRED
One per flue seats in the principal assembly
area. The width of a seat or a bench or pew shall
be considered 22 inches.
Three per doctor or dentist or health care
professional plus one per exam room or dentist
chair plus one-half per employee.
One-half per employee plus one space for every
ten (10) children cared for at the facility .
[ONE-HALF PER EMPLOYEE.]
One per resident and staff doctor plus 112 per
employee, intern, and nurse, plus one per every
flue beds plus one per institutional vehicle.
Libraries, exhibition halls, and other places of 112 per employee, plus one per 100 sq. ft. of
public assembly without fixed seats. usable floor area.
Mortuaries and funeral homes .
One per every eight parlor or chapel seats, plus
one per funeral vehicle.
OFF-STREET PARKING REQUIREMENTS
(Suggested Code changes)
ADDENDUM "A"
Page 1 of 4
Municipal buildings and public utility buildings.
Post offices and telegraph offices.
Public Schools
[SENIOR HIGH SCHOOLS.]
Trade and business schools, music schools,
dance studios and other private schools and
colleges .
112 per employee, plus one per official vehicle.,
plus one visitor space for each 500 sq. ft. of
office or display space.
One per employee, plus one per 100 sq. ft. of
gross floor area.
112 per employee, one per classroom plus one
for every ten ~ 10) students in those schools who
_____
are permitted to drive to school. Schools with
auditoriums shall rovide onl the s aces
required here or for the auditorium, whichever
is reater.
[ONE PER EVERY SEVEN PUPILS, PLUS
ONE PER EVERY TWO EMPLOYEES.]
1/2 space per employee plus one per every flue
students based upon the maximum number
attending class at one time.
COMMERCIAL MII~TIMUM NUMBER OF PARKING
SPACES REQUIRED
Automotive service and/or sales.
[FOUR PER MAINTENANCE STALL PLUS
ADEQUATE SPACES TO ACCOMMODATE
ALL NEW AND USED RETAIL U1~TITS AND
CUSTOMER PARKING GENERATED BY
RETAIL SALES.J One for each 400 square feet
of usable floor area of sales room and one for
each auto service stall.
Banks, buildings, and loan companies. One per 300 sq. ft. of gross floor area
Business and professional offices not generally One per 400 sq. ft. of floor space.
patronized by the public.
Beauty and barber shops.
One per 250 sq. ft. of gross floor area.
Bowling alleys.
Gasoline stations.
Four per alley.
One for each two has pumps plus two per grease
rack, working bay, or carwash bay.
OFF-STREET PARKING REQUIREMENTS
(Suggested Code changes)
ADDENDUM "A"
Page 2 of 4
Grocery store, delicatessen, drug store, or
pharmacy.
Household services and trades such as carpentry,
electrical servicing, plumbing and heating shops,
paper hanging, painting, furniture upholstering,
decorating shops, and other similar service
establishments.
Laundry and dry-cleaning pick-up stations.
Medical office buildings.
Pool halls, billiard parlors.
Restaurants, cafes, soda fountains, eating and
drinking places, clubs, nightclubs and lodes,
etc.
Self service dry cleaning and laundry
establishments.
Service stations .
Skating rinks, dance halls, civic clubs, and
similar uses without fixed seats.
Taxicab companies .
Nurseries and greenhouses.
Retail and wholesale stores of bulky items (e.g.
furniture and major. appliances}.
Retail and wholesale stores of non-bulky items.
112 per employee plus one per company vehicle
plus one per 250 sq. ft. of gross floor area.
1/2 per employee, plus one per company vehicle
plus one per 500 sq. ft. of floor area.
112 per employee plus one per 500 sq. ft. of
gross floor area.
Three per doctor or dentist or health care
professional plus one per exam room or dentist
chair plus one-half per employee.
Three per table.
112 per employee plus one per five seats.
One per every four washing machines and/or
dry cleaning machines .
[Three] One for each two gas pumps plus two
per grease rack, [OR] working bay, or carwash
~•
One (1) for each 200 square feet of dross floor
area.
One per taxi operated by the company plus one
extra space.
1/2 per employee plus four spaces for customer
parking.
112 per employee plus one per company vehicle
plus one per 800 sq. ft. of sales area.
112 per employee plus one per company vehicle
plus 300 sq. ft. of sales area.
OFF-STREET PARKING REQUIREMENTS
(Suggested Code changes)
ADDENDUM "A"
Page 3 of 4
Warehouses.
Wholesale, retail, and commercial storage.
Manufacturing industries.
Manufacturing research and laboratories .
Printing, publishing, and allied industries,
welding, blacksmith shops, manufacturing,
bakeries, dry cleaning, and dyeing plants.
Trucking terminals, storage yard, building
contractors, lumber yards, etc.
Veterinarian office, dog. hospitals, animal
clinics, and kennels.
One (1) for each 2,000 square feet of dross floor
area.
112 per employee plus one per company vehicle
plus two spaces, but a total of no less than four
spaces.
One per every three employees and officers on
the maximum employee shift, plus one per
company vehicle.
112 per employee plus one per company vehicle.
An additional lot or reserved space shall be
provided for visitor parking equal to 5 % of the
employee parking spaces, but not less than three
spaces .
1/2 per employee on the maximum employee
shift plus one per company vehicle and five for
customer parking.
1/2 per employee plus one per company vehicle,
truck, tractor, or trailer stored at the site when
not in use, and five for customer parking.
112 per veterinarian and employees and two for
visitors.
OFF-STREET PARKING REQUIREMENTS
(Suggested Code changes)
ADDENDUM "A"
Page 4 of 4
14.22.010
Chapter 14.22
LAND USE TABLE*
Sections:
14.22.010 Land use table.
* Editor's Note: The land use table was moved to its own chapter by
request of the city.
14.22.010 Land use table.
KEY: P =Principal Permitted Use
C =Conditional Use
S =Secondary Use
N =Not Permitted Table 1 of 3
NOTE: Reference footnotes on
following pages for additional
restrictions
ZONING DISTRICTS
LAND USES C RR RRl RS RS1 RS2 RU CC CG IL IH R TSH
RESIDENTIAL
One Family Dwelling C" P P P P P P S S' S2 S~ P P
'I~wofThree Faurily Dwelling C'$ P P P P P P S Sj C {:~ ~~ • P
Four Family Dwelling C'a P C3 P N N P S S' C C S C P
Five/Siz Family Dwelling C'a C3 N P N N P S S' C C C P
Seven or More Family Dwelling C'a C; N C~ N N P S Sl C C C P
Townhouses 4 C'a C C C C C C C C C C S C C
Mobile Home Parks 6 N C C C C C C C C C C C N
Planned Unit Residential
Development' C18 C C C C C C C C C C C C
COMMERCIAL
Automotive Sales N C C" N N N C P P P P N N
Automotive Service Stations N C C19 N N N C P P P P C N
Banks N C C19 C N N C P P P C C C
Business/Consumer Services N C C19 C N N C P P P C ~ C
Hotels/Motels N C C19 C N N C P P P C C P
Professional Offices N C C19 C N N P P P P P C P
Restaurants N C C19 C N N C P P P C C C
Addendum "B"
Page 1 o f 7
LAND USE TABLE
KEY: P =Principal Permitted Use
C =Conditional Use
S =Secondary Use
N =Not Permitted
Table 2 of 3
NOTE: Reference footnotes on
following pages for additional
restrictions
ZONIlVG DT`iTRICTS
LAND USFS C RR RRl RS RSl RSZ RU CC CG IL IH R TSH
RetaiUWholesale Business N C Ct9 C N N C P P P P C C
TheaurslCommercial Recreation N C C19 C N N C P P C C P C
INDUSTRIAL
Airports and Related Uses C C19 C19 N N C P~ P P P C N
Automotive Repair~re
RecappinglRebuilding N C C" C19 N N C P P P P N N
Gas ManufacturelStorage N N C19 C19 N N N N N C~ C9 N N
ManufacturinglFabricating!
Assembly/Storage N C C C N N C C P P P C C
Warehouses N C Ct9 C N N C C P~ P P C N
PUBLIC
INSTI~TU1'IONAL
Charitable Institutions C C C C C C P P P P P C P
Churches C P10 p,o p,o p,o p,o p,o p,o p,o C C P'
o P
Clinics C C C C C C C P P P C C C
Colleges C C C C C C ~C P P C C C C
Elementary Schools C C C C C C C P P C C C C
Governmental Buildings C C C C C C C P P P C C C
High Schools C C C C C C C P P C C C C
Hospitals C C C C C C C P P P C C C
Libraries C C C C C C C12 P P P C C P
Museums C C C C C C C P P P C C P
Parks and Recreation P S S S S S S P P S S P P
Sanitariums C C C C C C C C C C C C C
Addendum "B"
Page 2 o f 7
LAND USE TABLE
KEY: P =Principal Permitted Use
C =Conditional Use
S =Secondary Use
N =Not Permitted
Table 3 of 3
NOTE: Reference footnotes on
following pages for additional
restrictions
ZON1r1G DT`iTRICTS
LAND USFS C RR RRl RS RSl RSZ RU CC CG IL IH R TSH
MISCELLANEOUS
Animal Boarding 13 C C C C C N N C C C C C N
Bed and Breakfasts C C C C C C C C C C C C C
Cabin Rentals C C C C N N N P P P C C P
Cemeteries C C C C N N N C C C C C C
Crematories N C N C N N C C C C C C C
Day Care Centers '~ C C C C C C C C C C C C C
DormitoriesBoarding Houses C C C C C C P S' S C P C C
Essential Services P P P P P P P P P P P P P
FarminglGardening/General Agriculture P P P P P P P P P P C P P
Greenhouses/rree Nurseries 13 C C C C C C C P P P C C C
Assemblages 's
(Large: Circuses, Fairs, etc.} C C C C C C C pis pis pis pis C p
LodgeslFraternalOrganizations N C C C C C C P P P C C P
Nursing, Convalescent or Rest Homes N C C C C C C P P C C S C C
Parking, Off-street P P P P P P P P P P P P P
Parking, Public Lots t2 C C C C C C C C C C C C C
Private Clubs N C C C C C C P P C C S C
RadiofI'V Transmitters/Cell Sites P P C C C C C P P P P C C
Recreational Vehicle Parks C C C C N N C C C C C C C
Social Halls N C C C C C C P P C C C C
Subsurface Extraction of Natural
Resources 16 C C C C C C C C C C C C N
Surface Extraction of Natural
Resources " C C C C N N C C C C C C N
Union Halls N C C C C C C P P P C C C
Addendum "B"
Page 3 of 7
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.
(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 Conunission;
(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.
(b) 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 ch<~racteristics of the site will
not destroy the residential character of the neighborhood.
(9) Allowed as a conditional use, provided that aU 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.
(I 1) 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 wiU 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 steps, and other provisions are adequate
to assure that the use will not be a nuisance to surrounding properties. The Conunission shall specify
the conditions necessary to fulfill this requirement.
14 Allowed a c ' ' use rovided that no indication of said use is evident from the exterior of
( ) as onditlonal , p
the mortuary.
Addendum "B"
Page 4 of 7
(15) Allowed, provided that the following conditions are met:
(a) An uncleared buffer strip of at least thirty (3D) 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 shah be lasted 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) Allowed as a conditional use provided that ingress and egress from the property is from the Kenai Spur
Highway,
(20)~he airport and related uses allowed under this entry are aircraft
approach zones per KMC 14.20.070(a).
Addendum "B"
Page 5 o f 7
14.24.010
Chapter 14.24
DEVELOPMENT REQUIREMENTS
TABLES*
Sections:
14.24.010 Minimum lot area
requirements.
14,24,020 General requirements.
14,24.030 Addendum to development
requirements tables.
* Editor's Note: The development requirements tables were moved
to their own chapter by request of the city.
14.24.010 Minimum lot area requirements.
DEVELOPMENT REQUIP~:MENTS TABLE
ZONIlVG DISTRICTS
USES C /RR RRI RS RSl RS2 RUlTSB IL IH CC CG R
LOT
AREA
(square feet)
Singlel'!'wo/ 20,000 20,000 ?,200 12,500 ?,200 ?,200 20,000
Three Family
Dwelling See individual
de
f C
ti
o
ons o
sec
Four Family 20,000 22,400 9,600 N N ?,200 for requirements. 20,000
Dwelling
Five Family 22,400 N 12,000 N N 7,200 20,000
Dwelling
Sias Family 24,800 N 14,400 N N ?,200 20,000
Dwelling
Seven or Mare 27,200 +2,400 N 16,800 +2,400 N N 7,200 20,000
Family Dwelling for each unit for each unit
ova 7 ova ?
Note:
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 waxer supply andlor sewer is necessary.
(Amended during 1-7-99 supplement)
Addendum "B"
Page 6 of 7
14.24.020
14.24.020 General requirements.
DEVELOPMENT REQUIREMENTS TABLE
ZONIlVG DDTRICTS
USES /RR RR1 RS RS1 RS2 RU/TSH TL IH CC CG R
MINIMUM LOT WIDTH (feet) 90 90 b0 60 60 60 90
MINIMUM YARD SIZE (feet)
Front 25 25 2S 2S 25 10 25
Sider
One-story
Daylight BasementlSplit Level
Two-story
15
15
15
15
1S
15
S
10
15
5
10
15
S
10
15
5
S
53
See individual
sections of Code for
the requirements
15
15
15
Rear ZO 20 20 20 ZO 103 20
MA~GMUM LOT COVERAGE 30% 300 309b 300 309b 40ok 30%
MAXIMUM HIIGHT (in feet) 3S 35 35 3S 35
FOOTNOTES:
1. Side setbacks are determined independently from the front view of the structure. Plot planlAs-built
will distil single and two-story portions of building to verify setback distances are met.
2. Story is that portion of a building included between the upper stirfa,ce 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 cone-story is considered cone-story s~ucture 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 asone-story plus less than one-half (112) 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.
3. 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 (l4) feet for each side yard and nineteen (19) feet for the rear
yard.
(Amended during 7-7-99 supplement)
Addendum "B"
Page 7 of 7
4.05.035 Inspections.
New
Removes asbuilt
requirement. Section 108.5.6 of the Uniform Building Code as adopted b this cha ter is
Y p
amended to read:
On new and enlarged structures, the Building Official shall require the submission ~~
of an as-built survey as performed by a state registered land surveyor prior to final
inspection if it is deemed neces to com 1 with KMC Title 14 setback
reQuirements and Building Code regulations.
Housekeeping 14.10.010 General.
Has not been done.
[(d} FINAL PLATS SUBMITTED TO THE BOROUGH FOR APPROVAL
WILL BE SUBMITTED BY THE BOROUGH TO SAID CITY FOR REVIEW
WIN TI-IE DESIGN DEVIATES FROM TIC PRELIlVIINARY PLAT IN A
R WHICH HAS NOT BEEN RECOI~~.VIENDED BY THE CITY. IN
SUCH INSTANCES, THE CITY PLA~NNIrtG COMMISSION SHALL HAVE 49
DAYS FROM THE DATE OF RECEIPT IN WHICH TO REVIEW THE FINAL
PLAT .AND TAKE ACTION.]
Hausekeeping 14.10.030 Jurisdiction and procedure.
Has not been done.
(a) It shall be unlawful for any person being the owner, agent, or person having
control of any land within the City of Kenai to subdivide or lay out such land in
lots, unless by a plat, in accordance with the regulations contained herein. A
preliminary plat shall [FIRST] be submitted to the [K~NAI PErTINSULA
BOROUGH PLANNING DEPARTNJ~NT FOR STUDY. THE COPIES WILL
BE F1JI:ZNISHED BY THE BOROUGH TO TI-IE] City of Kenai[,] who shall
make recommendations to the Borough Planning Commission.
Housekeeping [14.10.050 FILING FEES.]
Fees have not been
collected. [THE PRELIlVIINARY PLAT SHALL BE ACCOMPAEVIED BY A FEE IN TI-I'E
AMOUNT OF $.0.50 PER LOT AND SHALL NOT EXCEED $25. ]
PLANiNING AND ZONING Attachment B
SUGGESTED CHANGES TO TITLE 14 Page 1 of 11
Housekeeping 14.10.070 Subdivision design standards.
No city health
officer or sanitarian. (e) Lots:
(5} In subdivisions where septic tanks or other individual sewage dis sal devices
. 1~
are to be installed, the size of all lots included in such subdivision shall [BE
SUBJECT TO THE APPROVAL OF 1~ CITY SANITARIAN OR HEALTH
OFFICER OF THE CITY OF KENAI. THE APPROVAL OF TI-IE CITY
SANITARIAN SHALL BE BASED UPON THE ALASKA STATE BOARD OF
HEALTH REQUIREMENTS. HE SHALL NOTIFY THE DEVELOPER AND
TIC CITY PLA~G CONMSSION, IN ~+'RI'1['Il~1G, OF HIS FINDINGS]
meet Kenai Peninsula Borou requirements.
Housekeeping 14.15.010 Uniform numbering system.
(b}All streets and other public ways shall be named as follows:
(3 } All subdivision plats shall be submitted to the [PUBLIC WORKS
DIRECTOR] Pl~g and Zoning~,Administration for review and approval prior
to final approval by the Planning and Zoning Commission.
Housekeeping 14.15.060 Survey, placement, and size of numbers.
City does not want
to be responsible to (b} Such number or numbers shall be placed on existing buildings on or before the
place numbers on
buildings. Charge effective date of this chapter and within twenty (20) days after the assigning of the
proper number in the case of numbers assigned after the effective date of this
quoted would not
cover city chapter. The cost of .the numbers shall be procured and paid for by the property
owner. The numbers used shall be not less than three (3) inches in height and shall
employee's time and be made of a durable and clearly visible material. [IF TI-IE PROPER NtJN~ER IS
materials. Change NOT PLACED ON AN EXISTING BUILDING ON OR BEFORE THE
makes property EFFECTIVE DATE OF THIS CHAPTER, IT SHALL BE TI-IE DUTY OF TIC
owner responsible DIRECTOR OF PUBLIC WORKS TO HAVE INSTALLED THE PROPER
for numbering. NUMBER OR NUMBERS ON SAID PREMISES AS HEREINAFTER SET
FORTH AND TO M[A,KE A CHARGE OF TEN DOLLARS ($10.00} FOR EACH
SET OF NUMBERS SO INSTALLED. ]
Housekeeping 14.15.080 Plat book.
For the purpose of facilitating a correct numbering, a plat book of all streets,
avenues, and public ways within the City showing the proper numbers of all
houses or other buildings fronting upon all streets, avenues, or public ways shall
be kept on file in the office of the [DIRECTOR OF PUBLIC WORKS] Building
Official. These plats shall be open to inspection of all rsons durin the office
~ g
hours of the City of Kenai. (KMC 14-68)
PLANNING AND ZONIlVG Attachment B
SUGGESTED CHANGES TO TITLE 14 Page 2 of 11
Housekeeping 14.15.090 [DIRECTOR OF PUBLIC WORKS Buildin Offi i
] ~ cal.
It shall be the duty of the [DIRECTOR OF PUBLIC WORKS] Big Official
to inform any party applying therefore of the number or numbers belonging to or
embraced within the limits of any said lot or property as provided in this chapter.
In case of conflict as to the proper number to be assigned to any building, the said
[DIRECTOR OF PUBLIC WORKS] Buildin~f~cial shall determine the number
of said building.
Housekeeping 14.15.100 Owner to procure number.
Whenever any house, building, or structure shall be erected or located in the City
of Kenai after the establishment of a uniform system of house and buildin
g
•
numbenng has been completed, in order to preserve the continuity and uniformity
of numbers of houses, buildings, or other structures, it shall be the duty of the
owner to procure the correct number or numbers as designated from the
[DIRECTOR OF PUBLIC WORKS] Building Oi~icial for the said property and to
immediately fasten the said number or numbers so assi ed u n said buildin as
~ l~ g
provided by this chapter. No building permit shall be issued for any house,
building or structure until the owner has procured from the [DIRECTOR OF
PUBLIC WORKS] Building Official the official number of the premises. Final
approval of any structure erected, repaired, altered, or modified after the effective
date of this chapter shall be withheld by the City Building Inspector until
permanent and proper numbers have been affixed to said structure.
New 14.20.020 Application of regulations.
Corrects conflict
with building code. [(E} EVERY BUILDING HEREAFTER ERECTED SHALL BE LOCATED ON
A LOT AS HEREIN DEFINED, EXCEPT THAT, IF TWO OR MORE
CONTIGUOUS LOTS ARE UNDER TIDE SAME Ow'NERSHIP, A BUILDING
MAY STRADDLE THE INTERIOR LOT LINE OR LINES PROVIDED THAT
NO Ir1TERI0R PARTITION OF TIC BUILDING FALLS ON A LOT LINE SO
THAT SUCH PORTION COULD BE SOLD SEPARATELY FROM THE
RENtAINDER OF THE BUILDING. THIS WOULD NOT PRECLUDE TIC
SALE OF SUCH PROPERTY AS CONDOMINIUMS OR TOWNHOUSES
PROVIDED THEY ARE BUILT A.S SUCH. ]
PLANfNING AND ZONING Attachment B
SUGGESTED CHANGES TO TITLE 14 Page 3 of 11
New 14.20.050 Non-conforming lots, structures, and uses.
Impossible to
enforce. (c)Non-Conforming Lots of Record. In any zone in which single-family dwellings
are permitted, notwithstanding limitations imposed by other provisions of this
chapter, asingle-family dwelling and accessory buildings may be erected on any
single lot of record at the effective date of adoption or amendment of this
ordinance. Such lot must be in separate ownership and not of continuous frontage
with other lots in the same ownership. This provision shall apply even though such
lot fails to meet the requirements for area, or width, or both, if the lot conforms to
the regulation for the zone in which such lot is located. Exception to development
requirements shall be obtained only through the variance procedures established in
this chapter. jIF Two 0R MORE LOTS OR COMBINATIONS OF LOTS AND
PORTIONS OF LOTS WITH CONZ~UOUS FRONTAGE IN SINGLE
O~i'NERSHIP ARE OF RECORD AT 'THE TIlVIE OF PASSAGE OR
M[ENT OF THIS ORDINANCE CHAPTER, AND IF ALL OR PART
OF TI-IE LOTS DO NOT MEET REQUIREMENTS FOR LOT WIDTH AND
AREA AS ESTABLISHED BY THIS CHAPTER, THE LANDS IlWOLVED
SHALL BE CONSIDERED TO BE AN UNDIVIDED PARCEL FOR THE
PURPOSES OF THIS CHAPTER, AND NO PORTION OF SAID PARCEL
SHALL BE USED OR SOLD WHICH DOES NOT MEET LOT WIDTH AND
AREA REQUIREMENTS ESTABLISHED BY THIS CHAPTER, NOR SHALL
ANY DIVISION OF TIC PARCEL BE MfADE WHICH LEAVES RE G
ANY LOT V~~'TH WIDTH OR AREA BELOW THE REQUIREMENTS
STATED IN THIS CHAPTER, EXCEPT TO ALLOW THE ADDITION TO
ABUTTING LAND TO MADE A STANDARD LOT, PROVIDING SUCH
SALE DOES NOT THEREBY CREATE A SUBSTANDARD RE G
LOT.J
PLANNING AND ZONING Attachment B
SUGGESTED CHANGES TO TITLE 14 Page 4 of 11
Housekeeping 14.20.105 Townsite Historic (TSH) Zoning District.
Corrects conflict
with Land Use (e} Development Criteria. The development criteria is intended to provide for a
Table. district in which residential and business enterprises cohabit-habitat as a desirable
and compatible use. All proposed construction, renovation, demolition, or
alteration shall:
(1 }Encourage, whenever possible and compatible with historic character of the
TSH zone, foot traffic; restaurants, gift shops, parks, etc.; indigenous Kenai
Peninsula flora; wooden structures including log style with soft colored or natural
sidings.
(2) Discourage uses which will violate the historic and scenic quality of the TSH
zone; buildings and building additions that are not compatible with ad'acent
~
.
buildings or which violate the existing character and scale of the district.
(3) Specific structures and activities which will not be allowed, but are not limited
to:
(a} Buildings with "modern design style of architecture" that have no historical
correlation with the district;
[(B) MULTIPLE FAMMII„Y RESIDENCES (EXCLUDING DUPLEXES)];
(c) Gas stations;
(d} Auto repair shops;
[(E}RENTAL STORAGE OF ANY K:IND];
(i Uses.
(1) Principal Permitted Uses as allowed in Land Use Table.
Housekeeping (2) Conditional Uses: As allowed in the Land Use Table, KMC 14.20.150 and
Provides consistency subject to the provision of this chapter.
with section [ 1. SUCH USES MUST BE SIlVl1I,AR TO PRINCIPAL USES PERMIT'T'ED IN
14.20.150. 1~ ZONE.
2. SUCH USES MUST BE IN HARMONY V~IITH THE INTENT OF THE
ZONE. ]
Housekeeping 14.20.156 Yearly review.
Provides f legibility
far administration The administrative official shall review the operations of the permit holder [EACH
and allows all YEAR wTTHIN SIXTY (b0} DAYS FOLLOwIl~G THE RSARY OF
permits to be THE ISSUANCE OF TIC CONDITIONAL USE PERMIT] ~iy to
reviewed at the same determine whether such permit holder is incompliance with the provisions of this
time, chapter. He shall compile a report based on his review and shall submit his report,
along with the report of the permit holder as required by this chapter, to the
Commission.
PLANNIlVG AND ZONIlVG Attachment B
SUGGESTED CHANGES TO TITLE 14 Page 5 of 11
Housekeeping 14.20.160 Townhouses.
Not done`--pity
doesn't want legal (b}Townhouses shall be subject to the followin standards:
g
...
responsibility. (8} The developer or subdivider of any townhouse develo went includin
p g
..
common open area, property, or amenities, shall have evidence that compliance
with the Horizontal Property Regimes Act, AS 34.07 has been made rior to the
p
sale of any townhouse dwelling units[, AND FURTHER:].
[(A) 1'HE DEVELOPER OR SUBDIVIDER OF ANY TOWNHOUSE
DEVELOPNJ~NT SHALL DEPOSIT V~~TTH THE APPROPRIATE
HOMEOV4~NERS ASSOCIATION, FORMED IN COMPLIANCE WITH THE
HORIZONTAL PROPERTY REGIlVIES ACT CITED IN THIS SECTION, A
CONTIl~tGENCY FIUND IN THE SUM OF $500 PER DWELLING UNIT IN
THE TO~V'NHOUSE DEVELOPMIENT;
(B} A COPY OF THE BY-LAWS OF TIC HOMEOV~'NERS' ASSOCIATION
SHOWIlVG IN V~'HAT R THE AFORESAID CONTINGENCY F1UND
SHALL BE CONTROLLED SHALL BE FURNISHED TO TIC CITY FOR
REVIEW AND APPROVAL. ]
Housekeeping 14.20.161 Zero lot line development.
Not done-City
doesn't want legal (b) Zero lot line development shall be subject to the following standards;
responsibility. (5} The developer or subdivider of any zero lot line development includin
g
common open areas, property, or amenities, shall have evidence that compliance
with the Horizontal Property Regimes Act, AS 34.07, has been made prior to the
sale of any zero lot line dwelling units[, AND FURTHER:].
[(i) THE DEVELOPER OR SUBDIVIDER OF ANY ZERO LOT LINE
DEVELOPMENT SHALL DEPOSIT WITH TIC APPROPRIATE
HOMEO~ti'NERS' ASSOCIATION, FORMED IN COMPLIANCE WITH THE
HORIZONTAL PROPERTY REGIlViES ACT, CITED IN THIS SECTION, A
CONTINGENCY F1UND IN TIC SUM OF $500 PER DWELZING UNIT IN
THE ZERO LOT LINE DEVELOPMENT;
(ii} A COPY OF THE BY-LAWS OF THE HOMEOw~1ERS' ASSOCIATION,
SHOWIrtG IN V~'HAT MANNER THE AFORESAID CONTINGENCY FIUND
SHALL BE CONTROLLED, SHALL BE FISHED TO TI-IE CITY FOR
REVIEW AND APPROVAL.]
Housekeeping (7) Side yard setbacks [SHOULD BE TEN FEET (10' FOR SINGLE FLOOR
Provide consistency FIFTEEN FOOT (15') SETBACK FOR ONE AND ONE-HALF AND TVVO
in the code. STOR as stated in the Land Develo ment Re uirements Table
PLANNING AND ZONIlVG Attachment B
SUGGESTED CHANGES TO TITLE 14 Page 6 of 11
Housekeeping 14,20.170 Planned unit residential development.
Not dons-City (b) Planned Unit Residential Development shall be subject to the followin
g
doesn't want legal standards:
responsibility. (8) The developer or subdivider of any Planned Unit Residential Develo ment
p
.
~ncludtng common open area, property, or amenities, shall have evidence that
compliance with Horizontal Property Regimes Act, AS 34.07 has been made prior
to the sale of any townhouse dwelling units[, and further:].
[(A} THE DEVELOPER OR SUBDIVIDER OF ANY PLANNED UNIT
RESIDENTIAL DEVELOPMENT SHALL DEPOSIT V~~ITH 'THE
APPROPRIATE HOMEOV4rNERS' ASSOCIATION, FORMED ~ IN
COMPLIANCE WITH THE HORIZONTAL PROPERTY REGIMES ACT
CITED IN THIS SECTION, A CONTINGENCY FUND IN THE SUM OF $500
PER DV~~ELLING Ui~I'T IN THE TOV~'NHOUSE DEVELOPMENT;
(B) A COPY OF THE BY-LAWS OF THE HOMEOW'NERS' ASSOCIATION
SHOWING IN W~-IAT MANNER THE AFORESAID CONTINGENCY FIUND
SHALL BE CONTROLLED SHALL BE F1JI~IISHED TO THE CITY FOR
.REVIEW AND APPROVAL. ]
New 14.20.190 Principal structures.
Allows property
owners to build (a) Erection of More Than One Principal Structure on a Lot. In any zone more
second structure than one (1) principal structure housing a permitted use may be erected on a single
"mother-in-law lot; provided that, area width and all other development requirements of the zone
house" if lot size is shall be met for each principal structure as though each structure were on an
large enough to individual lot except one additional single-f_ily dwelling may be permitted on
accommodate the _ same lot provided the principal structure is asingle-family dwelling
, and the
structure. ,
maximum lot covera a and setback re uirements for the zone are met.
(b} Distance Between Buildings on a Lot. No detached dwelling or other main
building shall be less than six (b} feet from any other detached dwelling or main
building on the same building site.
Housekeeping 14,20.200 Accessory structures.
Clarifies setback
requirements far (a} Yard Requirements for Accessory Structures. Where yards are required,
accessory structures, accessory structures shall be subject to the same requirements as principal
structures except as follows:
{2}Covered but unenclosed passenger Iandin~s [OR] carports or storage sheds not
more than one { 1) story in height may extend into either side yard o. r rearmed, but
such structure shall not be closer than three (3) feet to an adjoining lot;
(4) A detached accessory building may be permitted to occupy a rear yard;
provided that, not more than .one-third (1 /3) of the total area of such rear yard shall
be so occupied. Except as provided in KMC 14.20.200(a)~2), setbacks must, be
maintained if structure requires a, bu` ilding~ it.
PLANNING AND ZONING Attachment B
SUGGESTED CHANGES TO TITLE 14 Page 7 of 11
New--adds 14.20.240 Mobile homes.
manufactured and (f} Manufactured and modular homes as defined are exem t from this s '
- p ubsection
modular homes. .
'"--
14.20.245 Recreational vehicles.
NewlHousekeeping
(d} Prohibited Use of Recreational Vehicles. No person may occu or utilize an
pY y
recreational vehicle as living quarters or sleeping accommodations under an of
y
the f ' '
ollowing conditions:
(3) While such vehicle is parked on private property and set u for ion term use.
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Housekeeping Long term use includes, but is not limited to, connection to external fuel tanks or
Clarifies long-term natural gas, skirting in, connection to water sewer electrical or exceedin '
• ~ ~ g~
use. (30) consecutive days.
(e) Exceptions to Prohibited Uses.
4 Recreational vehicles ma be set u as livin or slee in carters b rmit in
conjunction with an active buildingpermit under the following conditions:
New 1. During the period of April 1 until October 31
Allows an exception 2. On bona fide construction sites.
for RV use. 3. One recreational vehicle per construction site.
4. Permits are for amaximum ofone-hundred ei~ht,~(1 SO) days.
Housekeeping/New 14.20.250 Off-street parking and loading requirements.
See Addendum "A"
(a} jIN ALL ZONESl For non-residential uses, there shall be provided at the time
Housekeeping of construction of any main building or at the time of the alteration, enlar ement,
g
Clarifies off-street .
,
or change in use of any main building, permanently maintained ofd-street arkin
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parking for non- ..
facilities for the use of occupants, employees, or patrons of such building. It shall
residential uses. be the joint and several responsibility of the owner and/or occupant of an main
Y
.
building or structure to provide, and thereafter maintain, minimum free off-street
parking facilities as required below.
(b} No existing parking area and no parking area provided for the purpose of
complying with the provisions of this chapter shall hereafter be relinquished or
reduced in any manner below the requirements herein established.
New (4) Design Standards.
To alleviate (B} [PARK.IlVG AREAS SHALL NOT BE USED FOR SALES DISPLAY,
improper use of STORAGE, REPAIR WORK, OR ANY PURPOSE OTT-IER THAN PARKING
parking areas for P king areas and front yards as defined in 14.20.320 (
b)
{75}, which includes the
storage. ,
^
re aired arkin s aces in commercial use areas shall not be used for stars e
repair work or any purpose other than par__
king, landsca in si~na~e, or sales
p~
_
. .
_ '_.__________
d~splays. Anon-conforming use ~f p l~an~ areas and front a
~ds~rohibited by
„
this section shall be made to conform to this section within a riod of two 2
Years after adoption of this ordinance.
Ex_,,, ception: Serni-trailers or containers may be parked in these areas for no more
than thi consecutive da s to facilitate unloadin . Tnuckin terminals and bona
fide construction sites are exempt;
(8}Off-Street Parking Requirements: (See attached Addendum A. )
PLANNING AND ZONING Attachment B
SUGGESTED CHANGES TO TITLE 14 Page 8 of 11
Housekeeping 14.20.280 Public hearings and notifications.
Time constraints
make it impossible (c} Property Owner Notification: [A COPY OF TIC AFOREMENTIONED
to send a copy of the NEWSPAPER] Notification shall be sent by certified mail to real property owners
newspaper ad. on record on the borough assessor's records within a 300-foot periphery of the
parcel affected by the proposed action. This notice shall be mailed not less than
ten (10} days prior to the date of hearing. when a public hearing is to be held
about a proposed zoning ordinance amendment involving a change in the text or
major district boundary changes, no notification of neighboring property owners
shall be required, but notices shall be displayed in at least three (3 }public places.
New 14.20.290 Appeals--Board of adjustment.
Shortens appeal
period. (a) Appeals from decisions of the administrative official or the Commission must
be submitted in writing to the City Clerk within [THIRTY (30)] fifteen 15 days
of the decision. The appeal shall be heard by the Kenai City Council acting as the
Board of Adjustment.
New 14.20.320 Definitions.
Adds def nitions far
manufactured (b) Specific Definitions: (*Remove numbering and insert these alphabetically.)
housing and "Manufactured housing" is a dwelling unit that meets Dept. of Housi
n~ and Urba
n
modular homes. ,
_
Develo ment Standards for manufactured housin and is wider than sixteen feet
has a roof pitch of 4:12 or greater with s_
hingles and siding common to standard
___
residential construction is moved on the hi hg
way by a licensed commercial trailer
~
and placed on a pe~nanent foundation.
"Modular home" means a building constructed
as a prefabricated or assembled
,
unit at a lace other than the buildin site is wider than sixteen feet has a roof
pitch of 4:12 or greater with shin es and siding common to standard residential
construction and is moved on the hi wa b a licensed commercial trailer and
then placed on a permanent foundation.
"Mobile home" a structure, transportable in one or more sections, which is built on
a permanent chassis in accordance w_th Dept. of Housingand Urban Development
Standards contained in Code of Federal Re lations Title 24 Cha ter 20 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 b' ect to all
re ations a 1 in thereto whether or not wheels axles hitch or other
appurtenances of mobili are removed and regardless of the nature of the
foundation provided.
_______
PLANNING AND ZONING Attachment B
SUGGESTED CHANGES TO TITLE 14 Page 9 of 11
Housekeeping .14.22.010 Land Use Table. (See attached Addendum "B. "}
Footnote 20 brings
table into
compliance with
ordinance text.
Hoasekeeping 14.24.010 Develo meat Re uirements Table. See a "
p q ( ttached Addendum B. }
Adds requirements
for Conservation
Zone.
Housekeeping 14.24.030 Addendum to development requirements tables.
Deftnes front yard.
A. Additional Requirements.
1. Minimum Yards.
Yards for Corner Lots. The minimum side yard on the street side, or platted right-
of-way, or government easement, of a corner lot shall be the same as the minimum
front yard required for that zone. The front and shall be determined as bein the
area between the main entrance to the building and the street, n~ht of way or
government easement.
2. Maximum Heights.
Height Limitation of Structures Near Airport. All structures in aircraft-approach
zones and within eight thousand (8,000) feet of the main runway shall be subject
to height limitation on the basis of obstruction criteria as shown on the current
FAA-approved Kenai Airport Master Plan drawings which are on ale at Kenai
City Hall.
Housekeeping 14.25.020 Application.
Increases $ amount
of building permit This section shall apply to all commercial and industrial development and all
that requires development of [$10,000] $20,,000_ or more in the Townsite Historic Zone (TSH)
landscapelsite plan within the City of Kenai and shall apply to both the landscaping and site plans.
review and redefines "Commercial and industrial development" and "all development" shall be defined
development . as any improvements requiring a building permit for new construction or any
improvements of [$10,000] $20,000 or more, which adds square footage,
[ALTERS T'HE EXTERIOR, OR CHANGES THE OCCUPANCY OF THE
BUILDING,] located on properties within the Central Commercial (CC), General
Commercial (CG), Heavy Industrial (IH), Townsite Historic TSH ,and Li t
( ) ~
Industrial (IL} zoning districts. It shall be unlawful for any person to constn~ct,
erect or maintain any structure, building, fence, or improvement, including
landscaping, parking, and other facilities on property designated as a commercial
tract unless such improvements are constructed or reconstructed in a manner
consistent with the approved plan.
PLA~fNING AND ZONING Attachment B
SUGGESTED CHANGES TO TITLE 14 Page 10 of 11
Housekeeping 14.25.030 Landscaping/site plan--Submittal r uirements.
. ~l
Regaxres plan be
submitted in a size Three (3} copies of the landscaping/site plan 11x14'" size shall be submitted for
that can be copied. approval to the Planning Specialist prior to the issuance of a buildin rmit. One
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copy of the approved plans shall be returned to the applicant; one co filed; and
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the third copy showing action taken, filed with the Buildin .Official. The
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landscaping/site plan shall be prepared at a minimum scale of 1" = 20' and shall
include the following information:.. .
End
PLANfNING AND ZONING Attachment B
SUGGESTED CHANGES TO TITLE 14 Page 11 of 11