HomeMy WebLinkAboutORDINANCE 1784-1998
Suggested by: Planning & Zoning Commission
CITY OF KENAI
ORDINANCE N0. 1784-98
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING
KENAI MUNICIPAL CODE 14.20.230 TO REQUIRE PERMITS FOR HOME
OCCUPATIONS.
WHEREAS, KMC 14.20.230 currently does not require a permit for operating a business
out of a home;
WHEREAS, it is in the best interest of the City of Kenai to require permits for
businesses being operated out of private homes; and
WHEREAS, certain low-impact home activities should not require a home occupation
permit;
NOW, THEREFORE, BE IT RESOLVED THAT KMC 14.20.230 be amended to read as
follows:
14.20.230 Home Occupations: (a) Intent. It is the intent of this
chapter to permit home occupations which are compatible with other
permitted uses and with the residential character of a neighborhood,
and which are clearly secondary or incidental to the residential use of
the main building. In general, a home occupation is an accessory use
so located and conducted that the average neighbor, under normal
circumstances would not be aware of its existence other than for a sign
as permitted in this chapter. Home occupations are permitted
accessory uses in residential zones only so long as all the development
requirements listed in this section are observed.
(b) Uses Permitted. Subject to the development requirements of
this section, home occupations include, but are not limited to, the
following uses:
(1) Art studio.
(2) Day care of no more than eight children under the age
12, including children related to the caregiver.
(3) Dressmaking.
(4) Millinery.
(5) Beauty parlor.
(6) Tutoring and musical instruction.
(c) Uses Prohibited.
(1) Commercial auto and boat repair.
(2) Commercial kennels or similar uses.
(3) Convalescent homes for the care of more than two
patients.
(4) Mortuaries.
(5j Private schools with organized classes.
(6j Real estate office.
Ordinance No. 1784-98
Page 2 of 3
(7) Restaurants.
(d) Development Requirements.
(1) Not more than one person outside the family shall be
employed in the home occupation.
(2) No more than thirty (30%) percent of the gross floor
area of all buildings on the lot shall be used for the home
occupation.
(3) The home occupation shall be carried on wholly within
the principal building, or other buildings which are accessory
thereto. Any building used for a home occupation shall be wholly
enclosed.
(e) Permit Application.
(1) In application for a home occupation permit shall be
filed in writing with the City Planning and Zoning Department and
signed by the person requesting to operate the home occupation.
(2j If the Planning and Zoning Department finds the
application meets the criteria of KMC 14.20.230 it shall be placed
on the consent agenda of the Planning and Zoning Commission.
Applications listed on the consent agenda are considered routine
and will be approved by one motion. There will be no separate
~ discussion of the application unless a member of the Commission
so requests, in which case the item will be removed from the
consent agenda and considered in its normal sequence on the
agenda as part of the general orders.
(3) A finding by the Planning and Zoning Department
that an application does not meet the criteria of KMC 14.20.150
and denial of placement on the consent agenda may be appealed to
the Planning and Zoning Commission b.~iling a written appeal
with the Kenai City Clerk within thirty (30) days of the date of
denial.
(4) Notice of the consideration by the Commission of a
home occupation permit application shall be published once at
least two days prior to the meeting in a paper of general circulation
in the city of Kenai.
j Permits non-trans erable.
A home occupation permit granted under this section shall
not be transferable to another person or location.
Exemption.
No home occupation permit shall be required for activities or
business which are carried on solely by use of phones, computers
and mail or delivery services and which involve no outside sign,
little or no increase in traffic, and with only occasional visits by
members of the public to the home.
Ordinance No. 1784-98
Page 3 of 3
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of June,
1998.
t
ATTEST:
Carol L. Freas, City Clerk
Introduced: May 20, 1998
Adopted: June 3, 1998
Effective: July 3, 1998
~ May 14, 1998 (sp)