HomeMy WebLinkAboutORDINANCE 1797-1998Suggested by: Planning 8~ Zoning Commission
CITY OF KENAI
ORDINANCE N0. 1797-98
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REMOVING
THE CURRENT KMC 14.20.150 AND REPLACING IT WITH A NEW KMC 14.20.150
THAT IS COMPATIBLE WITH RECENT CHANGES IN THE LAND USE TABLE AND
WHICH PROVIDES FOR CLOSER SCRUTINY OF THE EFFECTS OF EACH
CONDITIONAL USE PERMIT.
WHEREAS, the current KMC 14.20.150 needs clarification to make it compatible with
the Land Use Table in the Kenai Zoning code; and
WHEREAS, the current KMC 14.20.150 does not provide for consideration of any
significant negative impact that the proposed conditional use may have on the value of
adjoining property and neighborhood; and
WHEREAS, the current KMC 14.20.150 does not provide for review of the proposed
conditional use to determine if it is in harmony with the City's comprehensive plan;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
Alaska, that the current KMC 14.20.150 is now replaced with the following:
14.20.150 Conditional use permits. (a) Intent. It is recognized
that there are some uses that may be 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 may be 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;
2. 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
6. The appropriate fee.
(c) Public Hearin. 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) Modification of final approval.
1. An approved conditional use permit may, upon
application by the permittee, be modified by the Planning 8~ 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
approval.
2. The modification application shall be subject to a
public hearing and a filing fee.
(fl 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 year
or longer.
4. A conditional use permit is not transferable from one
parcel of land to another. Conditional use permits may be
ORDINANCE 1797-98
Page 2 of 3
transferred from one owner to another for the same use, but if
there is a change in use on the property, a new permit must be
obtained.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this~~day of October,
1998.
ATTEST:
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
(9/28/98 sp)
October 7, 1998
October 21, 1998
November 21, 1998
ORDINANCE 1797-98
Page 3 of 3