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HomeMy WebLinkAboutORDINANCE 1867-2000Suggested by: Council CITY OF KENAI ORDINANCE N0. 1867-2000 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.105 TO ELIMINATE THE TOWNSITE HISTORIC DISTRICT BOARD (TSH) AND TRANSFER SOME OF ITS DUTIES TO THE PLANNING 8v ZONING COMMISSION. Whereas, the Kenai Historic District Board currently acts both as an advisory board to the City of Kenai Planning 8~ Zoning Commission on development within the TSH District in addition to working on historical issues within the City of Kenai; and Whereas, the Kenai Historic District Board currently reviews zoning revisions and boundary changes for the Townsite Historic District (TSH); and Whereas, the Council of the City of Kenai finds that it would be better to have the Historic District Board become a commission that focuses on historical issues within the City of Kenai while being available to advise the Planning 8~ Zoning Commission on certain historical issues as needed; and Whereas, it is in the best interest of the City of Kenai, Alaska to make these changes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.20.105 is amended to read as follows: 14.20.105 Townsite Historic (TSH) Zoning District. (a) Intent. The TSH Zoning District is intended to provide for a mixed, controlled use in a designated area, which will protect and enhance the historic character of the zone. The goal of the TSH zone is to manage all new development, reconstruction and alterations within the zone. (THE INTENT OF THE TOWNSITE HISTORIC REVIEW BOARD IS TO ENHANCE AND IDENTIFY THE CITY OF KENAI'S HERITAGE, TO PRESENT THIS HERITAGE IN A MANNER THAT PROMOTES CIVIC PRIDE, AND TO FOSTER AN AWARENESS OF WHERE WE AS A PEOPLE HAVE EVOLVED. (B) HISTORIC DISTRICT BOARD. A HISTORIC DISTRICT BOARD WILL BE ESTABLISHED TO REGULATE DEVELOPMENT WITHIN THE TSH ZONE. THE FOLLOWING PROVISIONS WILL GOVERN THE BOARD'S ACTIVITIES THROUGH THE STATE OF ALASKA CERTIFIED LOCAL GOVERNMENT PROGRAM: (1) THE BOARD WILL .CONSIST OF A MINIMUM OF SEVEN MEMBERS WITH A DEMONSTRATED INTEREST, COMPETENCE, OR KNOWLEDGE IN HISTORIC PRESERVATION, APPOINTED FOR TERMS OF NOT LESS THAN THREE YEARS. A MAJORITY, PLUS ONE MEMBER MUST BE RESIDENTS OF THE CITY OF KENAI. Ordinance 1867-2000 Page 2 of 6 ` (2) TO THE EXTENT AVAILABLE, THREE BOARD MEMBERS SHALL BE PROFESSIONALS, AS DEFINED BY NATIONAL PARK SERVICE REGULATIONS, FROM THE DISCIPLINES OF HISTORY, ARCHITECTURE OR ARCHITECTURAL HISTORY, AND ARCHEOLOGY. (3) THE BOARD WILL MEET TWICE EACH YEAR OR AS NECESSARY AND CONDUCT BUSINESS IN ACCORDANCE WITH THE OPEN MEETING LAWS OF ALASKA. THIS INCLUDES PUBLIC NOTIFICATION OF MEETING PLACE, TIME AND AGENDAS. (4) WRITTEN MIl~fiUTES OF EACH BOARD MEETING WILL BE PREPARED AND MADE AVAILABLE FOR PUBLIC INSPECTION. (C) HISTORIC DISTRICT BOARD DUTIES: (1) THE BOARD SHALL MAKE RECOMMENDATIONS TO THE KENAI PLANNING AND ZONING COMMISSION AS TO THE AREA OF THE CITY TO BE INCLUDED WITHIN THE ZONE AND ANY ADNSTMENTS TO THE BOUNDARIES IN THE FUTURE. (2) THE BOARD SHALL REVIEW ZONING REQUIREMENTS AND REVIEW ALL PROPOSED CHANGES TO THE ZONING LAW WITHIN THE TSH ZONING DISTRICT. (3) THE BOARD SHALL SCHEDULE A MINIMUM OF TWO MEETINGS ANNUALLY AND SPECIAL MEETINGS AS REQUESTED BY THE PLANNING DEPARTMENT TO REVIEW PROPOSED BUILDING PERMIT APPLICATIONS WITHIN THE ZONE OR OTHER BUSINESS CONSIDERED NECESSARY BY THE PLANNING DEPARTMENT. (4) THE BOARD SHALL CONDUCT OR CAUSE TO BE CONDUCTED A SURVEY OF THE HISTORIC, ARCHITECTURAL, AND ARCHAEOLOGICAL RESOURCES WITHIN THE COMMUNITY. THE SURVEY SHALL BE COMPATIBLE WITH THE ALASKA HERITAGE RESOURCES SURVEY AND ABLE TO BE READILY INTEGRATED 1NT0 STATEWIDE COMPREHENSIVE HISTORIC PRESERVATION PLANNING AND OTHER PLANNING PROCESSES. SURVEY AND INVENTORY DOCUMENTS SHALL BE MAINTAINED TO PROTECT THE SITE LOCATION(S) FROM POSSIBLE VANDALISM. THE SURVEY SHALL BE UPDATED ANNUALLY. (ORD. 1636-95) (5) THE BOARD SHALL REVIEW AND COMMENT TO THE STATE HISTORIC PRESERVATION OFFICER ON ALL PROPOSED NATIONAL REGISTER NOMINATIONS FOR PROPERTIES WITHIN THE BOUNDARIES OF THE CITY. WHEN THE TSH BOARD CONSIDERS A NATIONAL REGISTER NOMINATION WHICH IS NORMALLY EVALUATED BY PROFESSIONALS IN A SPECIFIC DISCIPLINE AND THAT DISCIPLINE IS NOT REPRESENTED ON THE BOARD, THE BOARD WILL SEEK EXPERTISE IN THIS AREA BEFORE RENDERING A DECISION. (6) THE BOARD SHALL ACT IN AN ADVISORY ROLE TO OTHER OFFICIALS AND DEPARTMENTS OF LOCAL GOVERNMENT REGARDING THE IDENTIFICATION AND PROTECTION OF LOCAL HISTORIC AND ARCHAEOLOGICAL RESOURCES. Ordinance 1867-2000 Page 3 of d (7) THE BOARD SHALL WORK TOWARD THE CONTINUING ~ EDUCATION OF CITIZENS REGARDING HISTORIC PRESERVATION AND THE COMMUNITY'S HISTORY. (8) THE BOARD WILL REVIEW ALL BUILDING PERMIT APPLICATIONS AS WELL AS ALL EXTERIOR ARCHITECTURAL ALTERATIONS AND DEMOLITION WITHIN THE DESIGNATED ZONE. THE BOARD'S RESPONSIBILITY WILL BE TO PROVIDE IT'S RECOMMENDATION FOR APPROVAL, DENIAL OR MODIFICATION TO THE PLANNING AND ZONING COMMISSION. THE GUIDELINES TO BE FOLLOWED BY THE BOARD WILL BE DESIGNED TO PRESERVE THE CHARACTER WHICH TYPIFY DEVELOPMENT IN THE ZONE AND PROVIDE THE BASIS FOR PRESERVING THE HISTORICAL CHARACTER OF THE ZONE. APPLICATIONS MUST BE ACCOMPANIED BY A SCHEMATIC DRAWING OF PROPOSED CHANGES WITHIN THE- ZONE. (9) THE BOARD SHALL DEVELOP A LOCAL HISTORICAL PRESERVATION PLAN THAT WILL BE COMPATIBLE WITH THE ALASKA STATE HISTORIC PRESERVATION PLAN AND PRODUCE INFORMATION THAT IS COMPATIBLE WITH THE ALASKA HERITAGE RESOURCE SURVEY.) (D)~ Application: An application requiring review in TSH Zoning District shall be filed with the Planning Department. The TSH zoning district, as located within the bounds shown on the City of Kenai Official Zoning Map. The application shall contain: (1) One reproducible copy of the application signed by the applicant and, if leasing the premises, co-signed by the owner indicating type or nature of business. (2) Current color photographs of the site and of any existing structures representing both the overall condition of structures and accurately portraying materials and color. (3) Reproducible schematic plans of the proposed construction sufficient to show building size and layout, exterior elevations, proposed materials and colors. (4) A landscaping and site plan complying with KMC 14.25 and the development criteria of this chapter drawn to scale showing the existing structure and all proposed alterations and additions in relation to the site. (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. (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: Ordinance 1867-2000 Page 4 of 6 (a) Buildings with "modern design style of architecture" that have no historical correlation with the district (b) Gas stations; (c) Auto repair shops; (d) Kennels or similar uses; (e) Livestock, stables, commercial horseback riding; (f) Auto body and paint shops; (4) Commercial buildings are limited to a total area of no more 5,000 square feet per story. Any individual unit within the structure may be of no more than 2,500 square feet, except that the Commission may allow a larger individual unit if it is determined to be compatible with the zone. (5) Metal-sided buildings may be allowed if the Commission determines they are compatible with the zone. (F)~ Criteria for determining acceptable use shall include, but not be limited to the following: (1) All alterations to existing structures should be performed so as to preserve the historical and architectural character of the TSH zoning district. (2) The distinguishing original qualities or character of a building, structure, or site in its environment shall not be destroyed. The removal or alteration of any historic material or destruction of architectural features cannot be done without approval. (3) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site, and its environment. These changes may have acquired significance of their own, which should be recognized and respected. (4) Landscaping requirements according to City of Kenai as required by KMC 14.25. (5) All exterior construction must be completed within a year of date of approval. (G)~ Existing structures: All structures existing prior to the enactment of this ordinance will be allowed to continue in their present form and use. In the event of loss of the existing structure due to demolition, fire or natural causes, the structure maybe rebuilt with the following requirements: (1) The structure to be rebuilt must conform to the previously existing structure in terms of size, shape and location unless the Commission determines the new structure is more compatible with the intent of the TSH zone. (2) The use of the new structure must be the same as the use of the previous structure. (3) Application for reconstruction of the structure must be made to the Planning Department within one year of the date of loss due to demolition or damage. (4) Reconstruction of the structure must be complete within two years of the date of the loss due to demolition or damage. (5) If applicant wants to rebuild, other than apre-existing structure, the existing structure provisions as stated above are not applicable. (H)~ Criteria for designation of landmarks to be included in the TSH zone: (1) Its age -approximately fifty years old. Ordinance 1867-2000 Page 5 of 6 (2) Its character, interest or value as part of the development, heritage, or cultural characteristics of the City of Kenal. (3) Its location as the site of a significant historic event. (4) Its identification with a person or persons who significantly contributed to the culture and development of the City of Kenai. (5) Its distinguishing characteristics of an architectural type. (6) Its relationship to other distinctive areas that are eligible for preservation according to a historical, cultural, or architectural criteria. (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 subj ect to the provision of this chapter. (J)~ Review process. The Commission will review all building permit applications as well as all exterior architectural alterations and demolition to properties included in the Historic Preservation Plan. Upon submittal of such an application, the Planning Department shall schedule the application for review by the Planning and Zoning Commission at the following appropriate meeting. The Board's recommendation shall be based upon the development criteria in this section and all other pertinent provisions of the Kenai Municipal Code. Any other building permits within the Townsite Historic District shall be handled administratively by the Building Official. (K)~ Signs. Signs shall be as allowed as set forth in KMC 14.20.220(f). (Ord. 1727-96) (L)~ Penalties. Penalties for non-compliance with this Chapter shall be as set forth by KMC 14.20.260. (M)~ Definitions. (1) Alteration-Any act or process that changes one or more of the .exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure which requires a building permit. (2) Construction-The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property which requires a building permit. (3) Demolition-Any act or process that destroys in part or in whole a landmark or a structure within a historic district. (4) Certified Local Government-A local government "that has been certified to carry out the purposes of section 101(b) of the National Historic Preservation Act." (Ord. 1637-95) (5) Historic District-An area designated as a "historic district" by ordinance of the City Council, which contains within definable geographic boundaries, one or more landmark and which may have within its boundaries other properties or structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics ofthe landmark or landmarks located within the historic district. Ordinance 1867-2000 Page 6 of 6 (6) Historic Preservation-The act of adopting regulations and restrictions for the protection and preservation of places and areas of historical and cultural importance to the Kenai. (7) Landmark-A property or structure designated as a "landmark" by ordinance of the City Council, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration, and preservation because of its historic and/or architectural significance to the City of Kenai. (8) New Development-Any development which requires a building permit. (9) Reconstruction-The action of returning a structure to original state. (10) Relocation-Any relocation of a structure on its site or to another site. (11) Renovation-To restore to a former better state (as by repairing or rebuilding). (12) Site plan-Schematic drawing complying with the development criteria of this chapter and drawn to scale showing proposed structure in relation to the site. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of June, 2000. ATTEST: Carol L. Freas, City Clerk Introduced: June 7, 2000 Adopted: June 21, 2000 Effective: July 21, 2000