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HomeMy WebLinkAboutORDINANCE 1567-1993. _ . • Suggested by: Townsite Historic Task Farce CITY OF KENAI ORDINANCE NO. 1567.93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEAL- INf `s ORDINANCE 1133-86 AND REPLACING IT WITH ORDINANCE 1567-93, CIiANGIN(~ THE STRUCTURE OF THE TOWNSITE HISTORIC DISTRICT AND CREATING A HISTORIC DISTRICT BOARD. WHEREAS, it is in the best interest of the City of Kenai to take steps to maintain and preserve the area of Kenai known as 01d Town Historic Site; and WHEREAS, the City Council believes that protection of Old Town requires an amendment to the code; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the current KMC 14.20.105 is repealed and replaced by the following: 14.20.105 Townsite Historic (TSH) Zoning Distinct: (a) Intent: The TSH Zoning District is intended to provide for a mixed,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 aJl 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 thmugh 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. (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. • I ,~ ____.~ - ^~ (4) Written minutes of each Board meeting will be prepared and made available for public inspection, (c) Historic District Hoard 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 adjustinen~ 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 Plarming Department to review proposed building permit applications within the zone or other business considered necessary by the Planning Dent. (4) The Board shall conductor 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 prac~isses. Survey and inventory documents shall be maintained to protect the site location(s) from possible vandalism. The survey shall be updated every ten years. (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. ('n 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 Hoard 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 ch$riges within the zone. (9) The Board shall develop a local historical preservation plan that will be compatible with the Alaska State Histonc 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 B~epartment. The TSH zoning district, as located within the bounds shown on the City of Kenai Official Zoning Map. The application shall contain: • 2 :., , - _= _ ~ ~ . ~; (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 till 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 co-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; wavden structures including log style with soft colored or natural sidings. (2) Discourage uses which will violate the historic ind 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 ' (a) Buildings with "modern design style of architecture" that have no historical correlation with the district; (b) Multiple family residences (excluding duplexes); {c) Gas stations; (d) Auto repair shops; (e) Rental storage of any kind; (f) Kennels or similaz uses; (g) Livestock, Stables, Commercial horseback riding; (h) 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 lazger individual unit if it is determined to be compatible with the zone. (5) Metal-sided buildings may be allowed if the Commission determines they aze compatible with the zone. (~ Criteria for determining acceptable use shall include, but not be limited to the following: (l) 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 m 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 ~.' ' (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 ordh~-nce will be allowed to continue in their present form and use. In the event of loss of the existf ng ~, structure due to demolition, fire or natural causes, the structure may be 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 fir reconstruction of the structure must be made to the Planning Department within one yeaz 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: (1) Its age -approximately fifty years old. (2) Its character, interest or value as part of the development, heritage, or cultural characteristics of the city of Kenai. (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 azchitectural type. (6) Its relationship to other distinctive areas that are eligible for preservation according to a historical, cultural, or azchiteciurat criteria. (i) Uses. (l) Principal Permitted Uses as allowed in Land Use Table. (2) Conditional Uses: As allowed in the Land Use Table and subject to the provision of this chapter. 1. Such uses must be similar to principal uses permitted in the zone. 2. Such uses must be in harmony with the intent of the zone. (j) Review process. Upon submittal of an application, the Planning Departmeni shall schedule the application for review by the TSH Zoning District Review Board at the following appropriate meeting. The Board shall make a recommendation regarding the permit application to the Planning and Zoning Commission. The Board's recommendation shall be based upon the • 4 ~: . ,~ . • development criteria in this section and all other pertinent provisions of the Kenai Municipal Code. (k) Signs. signs shall be allowed in the Commercial Zone as set forth in KMC I4.20.220(c). Penalties. Penalties for non-compliance with this Chapter shall be as set forth by ItMC 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 limit©d 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 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 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 Ciry 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. // // // // // 5 ~ ,. .. ' , .. .. .:: ~.~ ` , A - - • (8/25/93) • • In~'OdLtCed: $~j?te~lber ~5, 1493 Adc~od: October b, 1993 ' Effective: ~ November 6, 199 Reconsideration Dates December 15, 1993 New Effective Date: January 15, 1994 6 ~ • ,,_ '1~ ~ ~ i <. .S.O:• .l., .7. .~, f.' ~I~~L ;{.,4 ;: Y' 1- - \ rj;, ~-~' / e 5 ( 't -