HomeMy WebLinkAboutORDINANCE 1549-19934 ~ ~ ~..
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Suggested by: Council
CITY OF KENAI
ORDINANCE NO. 1549-93
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE KENAI MUNICIPAL CODB 14.20.150 TO INCLUDE REVOCATION OF
CONDITIONAL USE PERMITS.
V~~I:iEREAS, the Council of the City of Kenai believes that holders of conditional use permits
should comply with all provisions of the municipal code; and
S, the Council of the City of Kenai believes that failure to comply with the Kenai
Municipal Code should be grounds for revocation of conditional use permits;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 14.20.150 be amended as follows:
14.20.150 Conditional Uses: (a) Intent: There are some uses which maybe compatible
with principal uses in some zones if certain conditions are met. The Commission shall permit
this type of use if the conditions and requirements listed in this chapter are met. Before a
conditional use permit may be granted, the procedures specified in this chapter must be followed.
(Ord. 1504-92)
' (b) Conditional Uses in All Zones:
(1) Uses not specifically permitted in the zone concerned may be permitted
provided that the followinb conditions are met:
[iJ Such uses must be similar to principal uses permitted in the zone;
[iii Such uses must be in harmony with the intent of the zone.
(2) Development and extraction of natural resources which can be mined
underground without substantially disturbing the surface of the land may be permitted
together with the necessary buildings and apparatus, provided that the following
conditions aze met:
[iJ The benefits to the City in terms of economic development must
outweigh any adverse effects on adjoining properties;
[ii] Asight-obscuring fence or uncleared buffer strip of good appearance
acceptable to the Commission shall be provided between such uses and all
adjoining residential zones and aU adjoining public rights-of--way.
(3) Surface extraction of natural resources may be permitted provided that the
standards aze met and the procedures set out in this chapter are followed. The usual
procedures for conditional use permits contained in this chapter shall not be applicable
to conditional use permits for the surface extraction of natural resources.
(c) Procedure:
(1) An application for a conditional. use permit shall be filed in writing with the
administrative official and verified by the owner of the property concerned.
[i) Application shall contain the following data with respect to the pro
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and the applicant:
(A) Legal description of the property involved;
(B) Plans showing the location of all existing and proposed.
buildings or alterations, elevations of such buildings or alterations, and,
such data as may be required.
(C) Anon-refundable deposit/advertising fee of $100.00.
(2) The public hearing and notification procedure for a conditional use permit
application shall be accomplished in accordance with the requirements of this chapter...
(3) An approved conditional use permit shall lapse twelve months from the. date.
of approval if the nonconforming use for which the conditional use permit was approved
has not been implemented. The Commission may grant a time extension not to exceed
six months upon a finding that circumstances has not changed sufficiently since the date
of initial permit approval. A request for extension must be submitted prior to expiration
of the permit. A public hearing shall not be required as a condition to granting the
extension. (Ord. 925, 987, 1460) ,
L11 The Plannin i g Commission, er public notification and, rin~_
~v revoke a conditional,~permit if it finds the Hermit holder has violate pro, vision
of the Kenai Municipal Code including b. ut not limited to ,~g~rovisiQ,gs in Title 7 A
decision by the Commission on revocation ~y~e anoeal_er1 to the Board of Adiu~ stment
pursuant to KMC 14.20.290.
(2,).~, person whose conditional use Hermit is revoked under this section may
~pp,~,~for a permit under KI~IC 14 20 'fie ~~anning & Zoning Commission or Board
of Adjt}stment may,~Q~g~er the prior revocation ~+hen determining,~y,+ her to
new conditional use rmit.
PAS D BY THE
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COUNCIL OF THE CITY OF KENAI, ALASKA, this ld '"'day of
1993.
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ATTEST:
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Carol L. Freas, City Clerk
(5/27/93)
Introduced:
Adopted:
Effective:
June 2, 1993
June 16, 1993
July 16, 1993
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