HomeMy WebLinkAboutORDINANCE 1305-1989•
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Suggested By: Planning & Zoning
Commission
CITY OF KENAI
ORDINANCE 1305-89
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASK,A,.
AMENDING THE KENAI MUNICIPAL CODE CHAPTER 14, SECTION 14..20.320.
ENTITLED "DEFINITIONS," THE LAND USE TABLE AND WITH THE ADDXTX'N
OF SECTION 14.20.321 ENTITLED "BED & BREAKFAST ESTABLISHMENTS.*'
WHEREAS, the Kenai Municipal Code does not address Bed and
Breakfast establishments within the City of Kenai; and,
WHEREAS, there has become a need for defining such
establishments; and,
y
WHEREAS, the Planning & Zoning Commission has studied the
situation and made their recommendations during their
December 14, 1988 Commission Meeting.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF Y'
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KENAI, ALASKA, that the Kenai Municipal Code, Chapter 14, is
amended as follows on the attached pages: ?�
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first
day of March, 1989. ^ �,•--1_
ATTEST:
et Ruotsala, City Clerk
Approved by Finance:
(2/3/89)
IAMS, MAYOR
First Reading: February 15, 1989
Second Reading: March 1, 1989
Effective Date: April 1, 1989
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14.20.320 Detin_itkgn : (a) General Interpretation:
(1) Words used in the present tense include the..fut We'
tense.
(2) The singular number includes the plural.
(3) The word "person" includes a corporation as:.we l
as an individual.
(4) The word "lot" includes the word "plot" or
"parcel."
(5) The term "shall" is always mandatory.
(6) The word "used" or "occupied" as applied to any
land or building shall be construed to include the words;
"intended," "arranged" or "designed to be used or occupied.
(b) Specific definitions:
(1) "Accessory building" means a detached building,
the use of which is appropriate, subordinate, and
customarily incidental to that of the main building or to
the main use of the land and which is located on the same
lot as the main building or use. An accessory building
shall be considered to be a part of the main building when
joined to the main building by a common wall or when any
accessory building and the main building are connected by a
breezeway.
(2) "Accessory use" means a use customarily incidental
and subordinate to the principal use of the land, buildingj,-
or structure and located on the same lot or parcel of UnC
(3) "Administrative official" means the person charged
with the administration and enforcement of this chapter.,-...."
(4) "Agricultural building" means a building used to
shelter farm implements, hay, grain, poultry, livestock, or
other farm produce, in which there is no human habitation
and which is not used by the public.
(5) "Alley" means a public way designed and intended
to provide only a secondary means of access to any property:.
abutting thereon.
(6) "Alterations" means any change, addition, or
modification in construction, location, or use
classification.
(7) "Apartment house," see "Dwelling, multiple."
(8) "Area building" means the total of areas taken.on
a horizontal plane at the main grade level of the principA
building and all accessory buildings, exclusive of steps,
(9) "Automobile wrecking" means the dismantling of..
used motor vehicles or trailers or the storage or sale of
parts from dismantled or partially dismantled, obsolete, or.
wrecked vehicles.
10 "Bed and Break a t" means S relli-danti 1' gIMeX-
ocSupJqSJ dwelling in Rhich "_oMs 11re e t d to 0M.
e ' t o ha m 1 v ,. dAJIX
[(10)) .11ii "Boardinghouse" meansa building other
than a hotel where lodging, with or without me�,ila,..3i
provided for compensation for three or more personC_ on:.
other than day-to-day basis and which is not open to
transient Quests.
(11) ] 12 "Building" means any structure buAlt ,'-lor,
the support, shelter, or enclosure of persona, animals or
property of any kind.
[(12)] (1-1„ "Building Code" means the building coder
and/or other building regulations applicable in the City.
C(13)] 14 "Building, existing" means a building
erected prior to the adoption of the ordinance codified.in
this chapter or one for which a legal building permit has
been issued.
[(14)] "Building Height" means the vertical
distance from the "grade," as defined herein, to the highest
point of the roof.
1(15)] 16) "Building, principal or main" means a.
building in which is conducted the principal or main use of
the lot on which said building is situated.
[(16)] 17 "Centerline" means the line which is in
the center of a public right-of-way.
[ (17) ] (11) "City" means the City of Kenai,. Alaska.
[(18)] ,(19) "Collector street" means a street located
and designed for the primary purpose of carrying throu
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traffic and of connecting major areas of the. City. Unl6sis
otherwise designated by the Commission, collector street.
shall be defined on the plan for streets and Community'.....
facilities in the comprehensive development plan.
[(19)] (20) "Commission" means the Kenai Planning &
Zoning Commission. (Ord. 1179)
H20)] 21 "Conditional use" means a use which is
permitted under the terms of this chapter provided that.
under the specified procedures, the Commission finds that
certain conditions, specified in this chapter are fulfilled.
Conditional uses are listed in the Land Use Table.
t(21)] (22) "Coverage" means that percentage of the
total lot area covered by the building area.
[(22)] 23 "Dwelling" means a building or any portion
thereof designed or used exclusively for residential
occupancy including one -family, two-family and multiple -
family dwellings, but not including any other building
wherein human beings may be housed.
[(23)] (24) "Dwelling unit" means one .:*r:more .rooms
and a single kitchen in a dwelling designed as a unit for
occupancy by not more than one family for living or sleeping
purposes.
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[(24)] 1251 "Dwelling, one --family" means any detached
building containing only one dwelling.unit,
[(25)] ,J§,Z "Dwelling, two-family" means any building
containing only two dwelling units..
1(26) ] (27 "Dwelling, multiple . family! means.. any;
building containing three or more dwelling units..
[(27)] .(.28) "Essential.ser.vice" means the erection,
construction, alteration) or maintenance. by public utility,
companies or municipal departments or commissions, of
underground or overhead gas, electrical, steam, or water
transmission or distribution systems, collection,.
communication, supply, or disposal systems, including poles,
wires, mains, drains, sewers, pipes, conduits, cables, fire.
alarm boxes, traffic signals, hydrants,.anti other similar.
equipment and accessories in connection therewith. This
definition shall not be interpreted to include public .
buildings.
[(28)] 29 "Family" means anyonumber of individuals
living together as a single housekeeping unit in a dwelling
unit.
((29)] (30) "Fence, height" means the vertical
distance between the ground directly under the fence and the
highest point of the fence.
[(30)] (31) "Floor area" means the total of each floor
of a building within the surrounding outer walls but
excluding vent shafts and courts.
I(31)] (22)„ "Frontage" means all the property fronting
on one side of a street between intersection streets.
i(32)] 33) "Garage, private" means an.accessory
building or any portion of 'a mama building used in
connection with residential purposes for the storage of
passenger motor vehicles.
[(33)] (.34) "Garage, public" means any garage other
than a private garage, available to the public, operated for
gain, and which is used for storage, repair, rental,
greasing, washing, servicing, adjusting, or equipping of
automobiles or other vehicles.
{(34)] (35) "Grade (ground level)" means the average
level of the finished ground at the center of all walls to a
building. In case walls are parallel to and within five(5)
feet of a public sidewalk, the ground level shall be
measured at the sidewalk.
C(35)] 36 "Guest room" means any room in a hotel,,
dormitory, boarding, or lodging house used and maintained to
provide sleeping accommodations for more than two persons:
t(36)] (37) "Rome occupation" means an accessory use
of a service character customarily conducted with a
dwelling, by the residents, which does not involve the
conduct of trade on the premises.
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[(37)] 38 "Hotel" means any building or group of '
buildings in which there are guest rooms used, designed, or.
intended to be used for the purpose of offering to the
general public, food or lodging, or both, on ra day -today
basis.
[ (38) ] ( -33 ) "Junkyard" means any space 100 square feet
or more of any lot or parcel of land used for the stoae,
keeping, or 4bandonment of junk or waste material, inc..jud AO
scrap metals or other scrap materials, or for the
dismantling, demolition, or abandonment of autolaobiles-,
other vehicles, machinery, or any parts thereof.
[(39)] (� "Loading space" means an off-street apace
or berth on the same lot with a building or structure to be
used for the temporary parking of commercial : vehicles -rhi,e,
loading or unloading merchandise or materials.
[(40)] 0411 "Lot" means a parcel of land occupied or
to be occupied by a principal use and having frontage on a
public street.
[(41)] ,(42„) "lot, corner" means a lot situated at the
junction of, and bordering on, two intersecting streets.
[(42)] JA21 "Lot line, front - corner lot" means the
shortest street line of a corner lot.
[(43)] AU "Lot line, front - interior lot" means'a
line separating the lot from the street.
[(44)] 45 "Lot line, rear" means a line that is
opposite and most distant from the front lot line, and in
the case of irregular, triangular, or gore shaped lot, 'a
line not less than ten feet in length, within a lot,
parallel to and at the maximum distance from the front Tot , .
line.
[(45)] 46 "Lot line, side" means any lot boundary"
line not a front lot line or a rear lot line.
[(46)] 4_47) "Lot depth" means the horizontal distance
separating the front and rear lot lines of a lot and at
right angles to its width.
[(47)] (48) "Lot width" means the mean horizontal
distance separating the side lot lines of a lot and at right
angles to its depth.
[(48)] ,(_42)„ "Mobile home" a structure, transportable
in one or more sections, which is built on a permanent
chassis and designed to be used as a dwelling unit, with or
without a permanent foundation when connected to the
required utilities.
[(49)] (5 ) "Mobile home park" means a site with
required improvements and utilities for the long-term
parking of mobile homes which may include services and
facilities for the residents.
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E(50)] (5,1-1 "Motel" means a group of one or more
detached ore semi-detached buildings containing two or more.
individual dwelling units and/or guest rooms designed for,
or used temporarily by, automobile tourists or transi:entsv .
with a garage attached or parking space conveniently located.
to each unit, including groups designated as auto courts.
motor lodges, or tourist courts.
[ (51) ] (52) "Nonconforming lot" means a lot lawfully
existing at the time this ordinance became effective, �a►hi
by reason of area or dimensions, does not meet the
development requirements for the zone in which it is
located.
[(52)] (53) "Nonconforming structure" means a
structure or portion thereof, lawfully existing at the time
this ordinance became effective, which by reason of its 11
yards, coverage, height, or other aspects of design, does
not meet the development requirements of this zone.
E(53)] (54) "Nonconforming use" means a use of a
structure of land, or of a structure and land in
combination, lawfully existing at the time this ordinance
became effective, or established on the premises of a
previous nonconforming use as specified in this chapter,
which is not in conformity with the uses permitted in the
zone in which it exists.
E(54)] (55) "Nursery, children's" means any home or
institution used or maintained to provide day care for
children not more than seven years of age.
E(55)) (56) "Parking space, private" means any:.
automobile parking space not less than 180 square feet_,in
area.
[(56)] (57) "Parking space, public" means an area -of
not less than 180 square feet exclusive of drives or aisles -
giving access thereto in area accessible from streets and
alleys for the storage of passenger motor vehicles operated
by individual drivers.
E(57)] (580 "Person" means a natural person, his
heirs, executors, administrators, or assigns, and also
including firm, partnership, or corporation, its or their
successors and/or assigns or the agent of any of the
aforesaid.
E(58)) 59 "Planned Unit Residential Development"
means an alternative method of development a residential
neighborhood under more flexible conditions that other
required in a specific zoning district.
E(59)] (§0,) "Principal use" means the major or,
predominant use of a lot or parcel of land.
[ (60) ] (6-1) "Profession" means an occupation or
calling requiring the practice of a learned art through
specialized knowledge based on a degree issued by an
institution of high learning, e.g., Doctor of Medicine.
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[(61)] (62) "Property owner" means the owner shown on
the latest tax assessment roll.
1(62)] (,3 "Service station" means any building,
structure, premises or other space used primarily fox trio''
retail sale and dispensing of motor fuels, tires, bsttezi.ssi.,
and other small accessories; the installation and soIvicing
of such lubricants, tires, batteries, and other small.
accessories, and such other services which do not
customarily or usually require the services of a qualified
automotive mechanic. -
C (63) ] ,(6§ ) "Sign" means any words, letters, parts of
letters, figures, numerals, phrases, sentences, emblems,
devices, trade names, or trade marks by which anything is
made known, such as are used to designate an individual,:
firm, association, corporation, profession, buSinesa,.or a
commodity or product, which are visible from any public
street or highway and used to attract attention.
[(64)] 65 "State highway" means a right-of-way
classified by the State of Alaska as a primary or secondary
highway.
[(65)] 66 "Street" means a public right-of-way used
as a thoroughfare and which is designed and intended to
provide the primary means of access to property abutting
thereon.
1(66)] (67) "Structure" means that which is built or
constructed, an edifice or a building of any kind, composed
of parts joined together in some definite manner.
[(67)] .(68) "Townhouse" means single-family dwelling.
units constructed in a series or group of two or more units
separated from an adjoining unit by an approved party -,wall
or walls, extending from the basement of either floor to the.
roof along the linking lot line.
[ (68) ] L§21 "Use" means the purpose for which land or
a building is arranged, designed, or intended, or for which
either land or a building is or may be occupied or
maintained.
t (69) ] (29 ) "Variance" means the relaxation of . the
development requirements of this chapter to provide relief
when the literal enforcement would deprive a property,owner
of the reasonable use of his real property.
[ (70) ] U71,) "Yard" means an open, unoccupied space,
other than a court, unobstructed from the ground to the sky,
except where specifically provided by this ordinance, on the
same lot on which a building is situated.
( [71) ] „(7„?,Z "Yard, front" means a yard extending
across the full width of the lot between the front lot line
of the lot and the nearest exterior wall of the building
which is the nearest to the front lot line.
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[(72)] (73) "Yard, rear" means a yard extending across
the full width of the lot between the most rear main
building and the rear lot line.
[(73)] (74). "Yard, side" means a yard on eaeh.sid of
a main building and extending from the front lot lime - to: th'e
rear lot line. The width of the required side yard shall be.
measured horizontally from the nearest point of a side lot.,.*
line to the nearest part of the main building. _
(74)] ,(75) "Zoning change" means the alteration.or
moving of a zone boundary; the reclassification of a lot,.or -
parcel of land, from one zone to another; and the changelof,
any of the regulations contained in this chapter.
[(75)] (76) "Zoning ordinance or ordinances" means the
zoning ordinance of the City of Kenai.
Section 2:
& breakfast establishments by conditional use which is
compStible with other vermitted uses, with the
residentia1 character of a neighborhood, andwhici3, ip.
clearly,,,_secondary or incidental to the residential use
of the �mainbuildin-a.
(b) _Provided that these establishments ,Mal e
owner-oReratenot more than one person outside Ahe
family shall bg emvloved in the bed and breakfast,v- raid
out no more than thirty percent (30%) of the tom
floor arga,,. have adequate off-street narking for owner .
and_ al_„ 1 --guests., and shall meet all. other req„uiremeta
as set forth y the Planning & Zoning Commission at,,,�the
time of public hearing.
(c) The bed & breakfast establishment mu_t,mget
Tab e.
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ZONING DISTRICTS
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USES
C
RR
RR-1
RS
RS-1
RS-2
RU
CC
CG
IL
IN
INDUSTRIAL
Airports and Related Uses
Automotive Repair/Tire
Recapping/Rebuilding
Gas Manufacture/Storage
Manufacturing/Fabricating/
Assembly/Storage
Warehouses
PUBbIC/INSTITUTIONSI,
Charitable Institutions
Churches
Clinics
Colleges12
Elementary Scbools12
Governmental Buildings12
High Schools12
HospitaIS12
Libraries
Museums
Parks and Recreation
Public Facilities12
Sanitariums12
IISCELLANEOUS
Animal BOarding13
Bed & Breakfasts
Cemeteries
Crematories
P
P
p
p
C9
P
P
P
P
PIG
PIG
PIG
pio
C11
P
P
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Cie
p
P
P
P
S
S
S
S
S
c
C
C
C
C
C
C
C
C
C
C
P