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HomeMy WebLinkAboutORDINANCE 1892-2000Suggested by: Administration CITY OF KENAI ORDINANCE N0. 1892-2000 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.05.010 AND 14.05.105 TO ASSIGN THE DUTIES OF HISTORIC PRESERVATION TO THE KENAI PLANNING AND ZONING COMMISSION. Whereas, the Kenai Historic Commission was eliminated by Ordinance No. 1887-2000 effective December 15, 2000; and Whereas, in order to continue with its historic preservation Certified Local Government (CLG) status, the City of Kenai wishes to continue some of the historic preservation functions of the former Kenai Historic Commission; and Whereas, the appropriate commission to assume those duties is the Kenai Planning 8~ Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.05.010 and 14.05.105 be amended as follows: SECTION I 14.05.010 Duties and powers. [aJ The Commission shall be required to perform the following duties: (1) Review and act upon requests for variance permits, conditional use permits, planned unit residential development permits, and other matters requiring consideration under the Kenai Zoning Code. (2) Interpret the provisions of the Kenai Zoning code and make determinations when requested by the Administrative Official. (3) Review the City of Kenai Comprehensive Plan on an annual basis and conduct a minimum of one public hearing. Said recommendations shall be forwarded to the Council for consideration. (4) Promote public interest and understanding of comprehensive planning, platting, zoning, land management, and other issues relating to community planning and development. (5) Propose plans for the rehabilitation or redevelopment of any area or district within the City. (61 Shall perform historic preservation reviews and duties as set forth in KMC 14.20.105. (b) The Commission shall act in an advisory capacity to the Kenai City Council regarding the following matters: (1) Kenai Zoning Code and Official City of Kenai Zoning Map amendments. (2) City and airport land lease or sale petitions. (3) Capital Improvements Programming. The Commission shall submit annually to the Council a list of recommended capital improvements which, in the opinion of the Commission, are necessary and desirable to Ordinance No. 1892-2000 Page2of3 be constructed during the forthcoming three-year period. Such list shall be arranged in order of preference, with recommendations as to which projects shall be constructed in which year. (c) The Commission shall act in an advisory capacity to the Kenai Peninsula Borough Planning Commission regarding the following matters: (1) Subdivision Plat proposals. (2) Right-of--way and easement vacation petitions. (3) City of Kenai Comprehensive Plan amendments. SECTION II 14.20.105 Townsite Historic (TSH) District (h) 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. (i) Historic Preservation. The Commission shall: (1) 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 into 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. (2) Review and comment to the State Historic Preservation Officer on all proposed National Register nominations within the boundaries of the City. ~1Vhen the Commission considers a National Register nomination that is normally evaluated by professionals in a specific discipline, the Commission will seek expertise in this area before rendering a decision. (3) 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 [(i)] .~ Signs. Signs shall be as allowed as set forth in KMC 14.20.220(f). [(j)] ~ Penalties. Penalties for non-compliance with this Chapter shall be as set forth by KMC 14.20.260. [(k)] ~ 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. Ordinance No. 1892-2000 Page 3 of 3 (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." (5) Historic District-An area designated as a "historic district" by ordinance of the City Council, which contains within definable geographic boundaries, one (1) 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 of the landmark or landmarks located within the historic district. (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 20th day of December, 2000. ATTEST: Carol L. Freas, City Clerk ~~ ohn ~ illiams, Mayor Introduced: December 6, 2000 Adopted: December 20, 2000 Effective: January 20, 2001