HomeMy WebLinkAboutOrdinance No. 3061-2019Sponsored by: Legal
CITY O F KENAI
ORDINANCE NO. 3061-2019
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE 14.20.320-DEFINITIONS, 14.20.330-STANDARD FOR COMMERCIAL
MARIJUANA ESTABLISHMENTS AND 14.22.010-LAND USE TABLE, TO INCORPORATE
ONSITE CONSUMPTION OF MARIJUANA AT RETAIL MARIJUANA ESTABLISHMENTS INTO
THE CITY OF KENAl'S CODE OF ORDINANCES . /
I WHEREAS, on November 4, 2014, the Alaskan voters p~ssed Ballot Measure 2, an Act to Tax
and Regulate the Production, Sale and Use of MarijuaJ;' and,
WHEREAS, on January 20, 2016 the City of Kena y enacted regulations governing commercial
marijuana establishments in the City; and, '
WHEREAS, on March 12, 2019 Lieutenant Gov11 nor Kevin Meyer signed into law new regulations
from the Marijuana Control Board allowing ret ii marijuana stores to allow onsite consumption of
marijuana under certain conditions; and,
WHEREAS, in order to enforce City regul tions applicable to onsite consumption of marijuana at
retail marijuana stores the City mus amend its code related to commercial marijuana
establishments and land use table ; an cl.
WHEREAS , the amendments in thislordinance will require retail marijuana store owners to obtain
a conditional use permit from the/City as well as obtain a state endorsement prior to allowing
onsite consumption of marijuan7 !
Section 1. Amendment o( Section 14.20.320 of the Kenai Munici al Code : That Kenai
Municipal Code, Section 14 0.320 -Definitions , is hereby amended as follows:
14.20.32 0 Defin/ons.
(a) General ln~rpretation .
(1) Wor/s used in the present tense include the future tense .
(2) T e singular number includes the plural.
(3) The word "person " includes a corporation as well as an individual.
<i) The word "lot" includes the word "plo t" or "parcel."
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Sponsored by: Legal
CITY OF KENAI
ORDINANCE NO. 3061-2019
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE 14.20.320- DEFINITIONS, 14.20.330- STANDARD FOR COMMERCIAL
MARIJUANA ESTABLISHMENTS AND 14.22.010- LAND USE TABLE, TO INCORPORATE
ONSITE CONSUMPTION OF MARIJUANA AT RETAIL MARIJUANA ESTABLISHMENTS INTO
THE CITY OF KENAI’S CODE OF ORDINANCES.
WHEREAS, on November 4, 2014, the Alaskan voters passed Ballot Measure 2, an Act to Tax
and Regulate the Production, Sale and Use of Marijuana; and,
WHEREAS, on January 20, 2016 the City of Kenai enacted regulations governing commercial
marijuana establishments in the City; and,
WHEREAS, on March 12, 2019 Lieutenant Governor Kevin Meyer signed into law new regulations
from the Marijuana Control Board allowing retail marijuana stores to allow onsite consumption of
marijuana under certain conditions; and,
WHEREAS, in order to enforce City regulations applicable to onsite consumption of marijuana at
retail marijuana stores the City must amend its code related to commercial marijuana
establishments and land use table; and,
WHEREAS, the amendments in this Ordinance will require retail marijuana store owners to obtain
a conditional use permit from the City as well as obtain a state endorsement prior to allowing
onsite consumption of marijuana.
Section 1. Amendment of Section 14.20.320 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.20.320 - Definitions, is hereby amended as follows:
14.20.320 Definitions.
(a) General Interpretation.
(1) Words used in the present tense include the future tense.
(2) The singular number includes the plural.
(3) The word “person” includes a corporation as well as an individual.
(4) The word “lot” includes the word “plot” or “parcel.”
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(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.
“Accessory Building” means a detached building or structure, 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, except as
allowed by a conditional use permit. 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.
“Accessory Use” means a use customarily incidental and subordinate to the principal use
of the land, building, or structure and located on the same lot or parcel of land.
“Administrative Official” means the person charged with the administration and
enforcement of this chapter.
“Agricultural Building” means a building or structure 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.
“Agriculture” means the science, art, and business of cultivating soil, producing crops, and
raising livestock; farming.
“Airport” means a location where aircraft such as fixed-wing aircraft, helicopters, and blimps
take off and land. Aircraft may be stored or maintained at an airport. An airport consists of at
least one (1) surface such as a paved or gravel runway, a helicopter touchdown and lift off
(TLOF) area, helipad, or water runway for aircraft takeoffs and landings, and often includes
buildings such as control towers, hangars and terminal buildings.
“Airport Compatible Uses” means uses which include, but are not limited to: Hangars,
Fixed Base Operators, Aircraft Repair and Manufacturing, Aircraft Sales, and other uses
approved by the Ordinance of the City of Kenai, and the Federal Aviation Administration’s
regulations, and compatible with the current Airport Master Plan, the Airport Layout Plan and
the Comprehensive Plan.
“Alley” means a public way designed and intended to provide only a secondary means of
access to any property abutting thereon.
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“Alteration” means any change, addition, or modification in construction, location, or use
classification.
“Animal Boarding” means any building or structure and associated premises in which
animals are fed, housed, and/or exercised for commercial gain.
“Apartment House,” see “Dwelling, multiple-family.”
“Area, Building” means the total of areas taken on a horizontal plane at the main grade
level of the principal building and all accessory buildings, exclusive of steps.
“Assemblage” means a large gathering of people for an event such as a concert, fair, or
circus.
“Assisted Living” means a living arrangement in which people with special needs,
especially seniors with disabilities, reside in a facility that provides help with everyday tasks
such as bathing, dressing, and taking medication.
“Automobile Sales” means the use of any building or structure and associated premises for
the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation
vehicles and including any warranty repair work and other repair service conducted as an
accessory use.
“Automobile Service Station” means the use of any building or structure and associated
premises or other space used primarily for the retail sale and dispensing of motor fuels, tires,
batteries, and other small accessories; the installation and servicing 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.
“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.
“Automotive Repair” means the use of any building or structure and associated premises
on which a business, service, or industry involving the maintenance, servicing, repair, or
painting of vehicles is conducted or rendered.
“Bank” means any establishment or building or structure used for a financial institution that
provides financial services for its clients or members. The term “bank” includes savings and
loan.
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“Bed and Breakfast” means a residential, owner-occupied dwelling in which rooms are
rented to paying guests on an overnight basis with no more than one (1) meal served daily.
“Boarding House” means a dwelling where the principal use is a dwelling by the owner or
keeper and where the owner or keeper provides lodging for three (3) or more persons who
are not members of the owner’s or keeper’s family and the lodgers pay compensation to use
one (1) or more rooms. The common parts of the building or structure are maintained by the
owner or keeper who may also provide lodgers with some services, such as meals, laundry,
and cleaning. Boarding houses are not motels or hotels and are not open to transient guests.
“Building” means any structure built for the support, shelter, or enclosure of persons,
animals, or property of any kind.
“Building Code” means the building code and/or other building regulations applicable in the
City.
“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.
“Building Height” means the vertical distance from the “grade,” as defined herein, to the
highest point of the roof.
“Building, Principal or Main” means a building or structure in which is conducted the
principal or main use on the lot which said building is situated.
“Business/Consumer Services” means the provision of services to others on a fee or
contract basis, such as advertising and mailing; building maintenance; employment service;
management and consulting services; protective services; equipment rental and leasing;
commercial research; development and testing; photo finishing; and personal supply
services.
“Cabin Rentals” means the renting out of one (1) or more individual, detached dwelling units
or buildings to provide overnight sleeping accommodations for a period of less than thirty (30)
consecutive days.
“Cemetery” means any property used to inter the dead in buried graves or in columbarium,
stacked vaults, or similar structures.
“Centerline” means the line which is in the center of a public right-of-way.
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“Church” means a building or structure in which persons regularly assemble for worship,
ceremonies, rituals, and education pertaining to a particular system of beliefs. The term
“church” includes a synagogue or temple.
“City” means the City of Kenai, Alaska.
“Clinic” (or outpatient clinic or ambulatory care clinic) means a health care facility that is
primarily devoted to the care of outpatients. Clinics can be privately operated or publicly
managed and funded, and typically cover the primary health care needs of populations in
local communities, in contrast to larger hospitals which offer specialized treatments and admit
inpatients for overnight stays.
“Collector Street” means a street located and designed for the primary purpose of carrying
through traffic and of connecting major areas of the City. Unless otherwise designated by the
Commission, collector street shall be defined on the plan for streets and community facilities
in the comprehensive development plan.
“College” means an educational institution providing postsecondary (after high school)
education.
“Commercial Kennel” has the same meaning given in KMC 3.05.010.
“Commercial Marijuana Establishment” means any Retail Marijuana Store, Marijuana
Cultivation Facility, Marijuana Product Manufacturing Facility, and Marijuana Testing Facility.
“Commercial Recreation” means a recreation facility operated as a business and open to
the public for a fee.
“Commission” means the Kenai Planning and Zoning Commission.
“Communication Antenna” has the same meaning given in KMC 14.20.255.
“Communication Tower” has the same meaning given in KMC 14.20.255.
“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.
“Condominium” means a common interest ownership dwelling in which:
(1) Portions of the real estate are designated for separate ownership;
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(2) The remainder of the real estate is designated for common ownership solely by the
owners of those portions;
(3) The undivided interests in the common elements are vested in the unit owners. In
the Land Use Table (KMC 14.22.010), “condominiums” shall be treated as two (2) or
more family dwellings. For example, a four (4) unit condominium building would be
treated as a four (4) family dwelling.
“Coverage” means that percentage of the total lot area covered by the building area.
“Crematory/Funeral Home” means building or structure used for preparation of the
deceased for display and/or interment and may also be used for ceremonies connected with
interment. Preparation may include cremation, which is the process of reducing dead bodies
to basic chemical compounds in the form of gases and bone fragments. This is accomplished
through burning—high temperatures, vaporization, and oxidation.
“Day Care Center” means an establishment where child care is regularly provided for
children for periods of less than twenty-four (24) hours, including the building housing the
facility and adjoining areas, and where tuition, fees, or other compensation for the care of the
children is charged.
“Dormitory” means a building, whether public or private, associated with a school, college
or university and designed, used, and arranged for private sleeping, studying, and living
accommodation for students.
“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.
“Dwelling, One-Family” means any detached building containing only one (1) dwelling unit.
“Dwelling, Two-Family” means any building containing only two (2) dwelling units.
“Dwelling, Multiple-Family” means any building containing three (3) or more dwelling units.
“Dwelling Unit” means one (1) or more rooms and a single kitchen in a dwelling designed
as a unit for occupancy by not more than one (1) family for living or sleeping purposes.
“Elementary School” means any school usually consisting of grades pre-kindergarten
through grade 6 or any combination of grades within this range.
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“Essential Service” 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, and other similar equipment and
accessories in connection therewith. This definition shall not be interpreted to include public
buildings.
“Family” means any number of individuals living together as a single housekeeping unit in a
dwelling unit.
“Farming” means a tract of land cultivated for the purpose of commercial agricultural
production.
“Fence, Height” means the vertical distance between the ground directly under the fence
and the highest point of the fence.
“Floor Area” means the total of each floor of a building within the surrounding outer walls
but excluding vent shafts and courts.
“Fraternal Organization” means a group of people formally organized for a common object,
purpose, or interest (usually cultural, religious or entertainment) that conducts regular
meetings and has written membership requirements.
“Frontage” means all the property fronting on one (1) side of a street between intersection
streets.
“Garage, Private” means an accessory building or any portion of a main building used in
connection with residential purposes for the storage of passenger motor vehicles.
“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.
“Gas Manufacturer/Storage” means the surface use of lands used in the production, the
mechanical transformation, or the chemical transformation of hydrocarbon gas and includes
uses for gas conditioning/compressor stations. “Storage” means surface uses necessary for
storage of produced or non-native natural gas.
“Governmental Building” means a building or structure owned and operated by any
department, commission, or agency of the United States or of a state or municipality and
used to conduct official business of government.
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“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.
“Greenhouse” means a building or structure, usually a glassed or clear plastic enclosure,
used for the cultivation and protection of plants.
“Guest Room” means any room in a hotel, dormitory, boarding, or lodging house used and
maintained to provide sleeping accommodations for one (1) or more persons.
“Guide Service” means any activity on any premises used for collecting or returning persons
from recreational trips when remuneration is provided for the service.
“Gunsmith” means a person who repairs, modifies, designs, or builds firearms.
“High School” means a secondary school usually consisting of grades 9 through 12 or any
appropriate combination of grades within this range.
“Home Occupation” means an accessory use carried out for remuneration by a resident in
the resident’s dwelling unit.
“Hospital” means an institution that provides medical, surgical, or psychiatric care and
treatment for the sick or the injured.
“Hotel” means a building or group of buildings containing more than five (5) guest rooms
used for the purpose of offering public lodging on a day-to-day basis with or without meals.
“Junkyard” means any space one hundred (100) square feet or more of any lot or parcel of
land used for the storage, keeping, or abandonment of junk or waste material, including scrap
metals or other scrap materials, or for the dismantling, demolition, or abandonment of
automobiles, other vehicles, machinery, or any parts thereof.
“Library” means a collection of sources, resources, and services, and the structure in which
it is housed; it is organized for use and maintained by a public body, an institution, or a private
individual.
“Licensed Premises For Commercial Marijuana Establishment” means any and all
designated portions of a building or structure, or rooms or enclosures in the building or
structure, at the specific address for which a Commercial Marijuana Establishment license is
issued, and used, controlled, or operated by the Commercial Marijuana Establishment to
carry out the business for which it licensed.
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“Loading Space” means an off-street space or berth on the same lot with a building or
structure to be used for the temporary parking of commercial vehicles while loading or
unloading merchandise or materials.
“Lodge” means a building or group of buildings containing five (5) or fewer guest rooms used
for the purpose of offering public lodging on a day-to-day basis with or without meals.
“Lot” means a parcel of land occupied or to be occupied by a principal use and having
frontage on a public street.
“Lot, Corner” means a lot situated at the junction of, and bordering on, two (2) intersecting
streets, two (2) platted rights-of-way, two (2) government easements, or any combination
thereof.
“Lot Coverage” means that portion of the lot covered by buildings or structures that require
a building permit.
“Lot Depth” means the horizontal distance separating the front and rear lot lines of a lot and
at right angles to its width.
“Lot Line, Front-Corner Lot” means the shortest street line of a corner lot.
“Lot Line, Front-Interior Lot” means a line separating the lot from the street.
“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 (10') in length,
within a lot, parallel to and at the maximum distance from the front lot line.
“Lot Line, Side” means any lot boundary line not a front lot line or a rear lot line.
“Lot Width” means the mean horizontal distance separating the side lot lines of a lot and at
right angles to its depth.
“Manufactured Housing” means a dwelling unit that meets Department of Housing and
Urban Development Standards for manufactured housing and is wider than sixteen feet (16'),
has a roof pitch of 4:12 or greater with roofing and siding common to standard residential
construction and is transported to the site and placed on a permanent foundation.
“Manufacturing/Fabricating/Assembly” means the mechanical or chemical transformation
of materials or substances into new products including assembling of components parts, the
manufacturing of products, and the blending of materials such as lubricating oils, plastics,
resins or liquors.
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“Marijuana” means all parts of the plant of the genus Cannabis, whether growing or not; the
seeds thereof, the resin extracted from any part of the plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin,
including marijuana concentrate. The term does not include fiber produced from the stalks,
oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable
of germination, or the weight of any other ingredient combined with marijuana to prepare
topical or oral administrations, food, drink, or other products.
“Marijuana Concentrate” means resin, oil, wax, or any other substance derived from the
marijuana plant by any method which isolates the Tetrahydrocannabinol (THC)-bearing
resins of the plant.
“Marijuana Cultivation Facility” means any entity with a state license registered to cultivate,
prepare, and package marijuana and to sell marijuana to Marijuana Retail Facilities,
Marijuana Products Manufacturing Facilities, Marijuana Testing Facilities, but not to
consumers.
“Marijuana Cultivation Facility, Standard” means an entity registered to cultivate in an
area greater than 500 square feet under cultivation, prepare, and package marijuana and to
sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to
other marijuana cultivation facilities, but not to consumers.
“Marijuana Cultivation Facility, Limited” means an entity registered to cultivate in an area
of 500 square feet or less of cultivation, prepare, and package marijuana and to sell marijuana
to retail marijuana stores, to marijuana product manufacturing facilities, and to other
marijuana cultivation facilities, but not to consumers.
“Marijuana Products” means concentrated marijuana and marijuana products that are
comprised of Marijuana and other ingredients and are intended for use or consumption, such
as, but not limited to edible products, ointments, and tinctures.
“Marijuana Product Manufacturing Facility” means a state licensed fully enclosed secure
indoor facility registered to purchase marijuana, manufacture, prepare and package
marijuana products, and sell marijuana and marijuana products to other marijuana product
manufacturing facilities and to retail marijuana stores, but not to consumers.
“Marijuana Testing Facility” means a state licensed commercial marijuana testing facility
that is registered to analyze and certify the safety and potency of Marijuana and Marijuana
Products.
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“Mini-Storage Facility” means a completely enclosed structure containing three (3) or more
areas or rooms available for lease or rent for the purpose of the general storage of household
goods, vehicles or personal property; where the lessee of the unit is provided direct access
to deposit or store items and where vehicles do not fill the majority of the allowed storage
space.
“Mobile Home” means a structure, which is built on a permanent chassis in accordance with
Department of Housing and Urban Development Standards and designed to be used as a
dwelling unit, with or without a permanent foundation when connected to the required utilities.
A mobile home is subject to all regulations applying thereto, whether or not wheels, axles,
hitch or other appurtenances of mobility are removed and regardless of the nature of the
foundation provided.
“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.
“Modular Home” means a dwelling constructed in modules or sections at a place other than
the building site, built to conform to Title 4 of the Kenai Municipal Code, is transported to the
site and then assembled and placed on a permanent foundation.
“Motel” means a group of one (1) or more detached or semi-detached buildings containing
two (2) or more individual dwelling units and/or guest rooms designed for, or used temporarily
by, automobile tourists or transients, with a garage attached or parking space conveniently
located to each unit, including groups designated as auto courts, motor lodges, or tourist
courts.
“Museum” means a building or structure that houses and cares for a collection of artifacts
and other objects of scientific, artistic, or historical importance and makes them available for
public viewing through exhibits that may be permanent or temporary.
“Necessary Aviation Facilities” means any air navigation facility, airport visual approach
aid, airfield lighting and signage, meteorological device or any type of device approved by the
Federal Aviation Administration (FAA), the location and height of which is fixed by its
functional purpose.
“Nonconforming Lot” means a lot lawfully existing at the time this chapter became effective,
which by reason of area or dimensions, does not meet the development requirements for the
zone in which it is located.
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“Nonconforming Structure” means a structure or portion thereof, lawfully existing at the
time this chapter became effective, which by reason of its yards, coverage, height, or other
aspects of design, does not meet the development requirements of this zone.
“Nonconforming Use” means a use of a structure of land, or of a structure and land in
combination, lawfully existing at the time this chapter 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.
“Nursing, Convalescent or Rest Home” means a building or structure used as a residence
for people who require constant nursing care and/or have significant deficiencies with
activities of daily living.
“Office” means a room or group of rooms used for conducting the affairs of a business,
profession, service, industry, or government.
“Onsite Consumption Endorsement” means the state regulated consumption of certain
marijuana products at or adjacent to a retail marijuana store by patrons of the commercial
marijuana establishment.
“Park” means a tract of land, designated by a public entity for the enjoyment of the public
and generally used for active and passive recreational activities.
“Parking, Public Lots” means a parking area available to the public, whether or not a fee
for use is charged.
“Parking Space, Private” means any automobile parking space, excluding garages, not less
than nine feet (9') wide and one hundred eighty (180) square feet in total area.
“Parking Space, Public” means an area of not less than one hundred eighty (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.
“Person” means a natural person, his or her heirs, executors, administrators, or assigns,
and also including firm, partnership, or corporation, or their successors and/or assigns or the
agent of any of the aforesaid.
“Personal Services” mean establishments engaged in providing services involving the care
of a person or his or her apparel.
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“Planned Unit Residential Development” means an alternative method of development of
a residential neighborhood under more flexible conditions than otherwise required in a
specific zoning district.
“Principal Use” means the major or predominant use of a lot or parcel of land.
“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.
“Property Owner” means the owner shown on the latest tax assessment roll.
“Public” means a place to which the public or a substantial group or persons has access
and includes highway, rivers, lakes, transportation facilities, schools, places of amusement
or business, parks, playgrounds, prisons, hallways, lobbies and other parts of apartments
houses and hotels not constituting rooms or apartments designed for actual residence.
“Recreation” means leisure activities sometimes requiring equipment and taking place at
prescribed places, sites, parks, or fields. It can include active recreation, such as structured
individual or team activities requiring the use of special facilities, courses, fields or equipment
or passive recreation, such as activities that do not require prepared facilities such as wildlife
and bird viewing, observing and photographing nature, picnicking, and walking.
“Recreational Vehicle” means a vehicular-type unit, primarily designed as temporary living
quarters for recreational camping, or travel use, which either has its own motor power or is
mounted on or drawn by another vehicle. Recreational vehicles include, but are not limited
to, travel trailers, camping trailers, truck campers, and motor homes.
“Recreational Vehicle Park” means an area established by a conditional use permit for the
parking of two (2) or more recreational vehicles on a temporary basis.
“Recreation or Youth Center” means a building, structure, athletic playing field, or
playground, run or created by a local government or the state to provide athletic, recreational,
or leisure activities for minors, or operated by a public or private organization, licensed to
provide shelter, training, or guidance for persons under 21 years of age.
“Restaurant” means an establishment where food and drink is prepared, served, and
consumed primarily within the principal building.
“Retail Business” means establishments engaged in selling goods or merchandise to the
general public for business or personal/household consumption and rendering services
incidental to the sale of such goods.
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“Retail Marijuana Store” means a state licensed entity registered to purchase marijuana
from a marijuana cultivation facility, to purchase marijuana and marijuana products from a
marijuana manufacturing facility, and sell marijuana and marijuana products to consumers.
“Secondary Use” means a use allowed on a lot or parcel of land only if there is also an
allowed principal use on the property.
“Sign” means any words, letters, parts of letters, figures, numerals, phrases, sentences,
emblems, devices, trade names, or trademarks by which anything is made known, such as
are used to designate an individual, firm, association, corporation, profession, business, or a
commodity or product, which are visible from any public street or highway and used to attract
attention.
“Square Feet Under Cultivation” means an area of the licensed premises of a standard or
limited cultivation facility that is used for growing marijuana, measured on the perimeter of
the floor or growing space for marijuana “Square Feet Under Cultivation” does not include
hallways, equipment storage areas, or other areas within the licensed premises that are not
used for growing marijuana such as an office, or a processing or storage area.
“State Highway” means a right-of-way classified by the State of Alaska as a primary or
secondary highway.
“Storage Yard” means a lot used primarily for the storage of operational vehicles,
construction equipment, construction materials or other tangible materials and equipment.
“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.
“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.
“Subsurface Extraction of Natural Resources” means removing valuable minerals or
other geological materials from the earth, from an ore body, vein or (coal) seam. Materials
recovered could include gas, oil, base metals, precious metals, iron, uranium, coal, diamonds,
limestone, oil shale, rock salt and potash.
“Surface Extraction of Natural Resources” means removal of material, usually soil, gravel,
or sand for use at another location.
“Taxidermy” means the act of mounting or reproducing dead animals, fish, and/or birds for
display.
Ordinance No. 3061-2019
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New Text Underlined; [DELETED TEXT BRACKETED]
“Theater” means a building or structure, or part thereof, devoted to the indoor exhibition of
motion pictures and/or of live dramatic, speaking, musical, or other presentations.
“Townhouse” means single-family dwelling units constructed in a series or group of two (2)
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.
“Tree Nursery” means a place where trees/plants are propagated and grown to usable size.
“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.
“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 or her real property.
“Warehouse” means a building or structure used for the storage of goods, wares and
merchandise that will be processed, sold or otherwise disposed of off the premises.
“Wholesale Business” means business conducted primarily for the purpose of selling wares
or merchandise in wholesale lots to retail merchants for resale.
“Yard” means an open, unoccupied space, other than a court, unobstructed from the ground
to the sky, except where specifically provided by this chapter, on the same lot on which a
building is situated.
“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.
“Yard, Rear” means a yard extending across the full width of the lot between the most rear
main building and the rear lot line.
“Yard, Side” means a yard on each side of a main building and extending from the front lot
line to the 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.
“Zoning Change” means the alteration or moving of a zone boundary; the reclassifica[-]tion
of a lot, or parcel of land, from one zone to another; and the change of any of the regulations
contained in this chapter.
Ordinance No. 3061-2019
Page 16 of 26
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New Text Underlined; [DELETED TEXT BRACKETED]
“Zoning Ordinance or Ordinances” mean the zoning ordinance of the City of Kenai and
Kenai Municipal Code Chapter 14.
Section 2. Amendment of Section 14.20.330 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.20.330 – Standards for Commercial Marijuana Establishments, is
hereby amended as follows:
14.20.330 Standards for [C]Commercial [M]Marijuana [E]Establishments.
The purpose of this section is to establish general standards for commercial marijuana
establishments.
(a) Commercial marijuana establishments and onsite consumption endorsements may be
permitted or allowed with a conditional use permit under KMC 14.20.150, as provided in the
City of Kenai’s land use table, KMC 14.22.010, and the provisions of this section.
(b) Applicants applying for a conditional use permit must include an area map drawn to scale
indicating all land uses on other properties within a five hundred (500) foot proximity of the
lot upon which the applicant is seeking a conditional use permit. This shall be in addition to
the conditional use permit submission requirements in KMC 14.20.150.
(c) A public hearing shall be scheduled before the Planning and Zoning Commission to
review the conditional use permit application once it has been deemed complete. The public
hearing shall be scheduled in accordance with the requirements in KMC 14.20.280, except
that notification shall be mailed to all real property owners on record on the Borough
Assessor’s records within a five hundred (500) foot periphery of the parcel affected by the
proposed action.
(d) The preparation, packaging, manufacturing, processing, and storing of all marijuana,
marijuana concentrate or marijuana products must be conducted within a fully enclosed,
secure indoor facility. The growing and cultivating of marijuana must be conducted within a
fully enclosed, secure indoor facility or greenhouse with view-obscuring rigid walls, a roof and
doors, unless a non-rigid greenhouse, or other structure, is specifically approved, in which
case the cultivation must be enclosed by a sight-obscuring wall or fence at least six (6) feet
high.
(e) All commercial marijuana establishments shall not emit an odor that is detectable by the
public from outside the commercial marijuana establishment.
(f) No portion of a parcel upon which any commercial marijuana establishment is located
shall be permitted within the following buffer distances:
Ordinance No. 3061-2019
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New Text Underlined; [DELETED TEXT BRACKETED]
(1) One thousand (1,000) feet of any primary and secondary schools (K-12) and five
hundred (500) feet of any vocational programs, post-secondary schools, including but
not limited to trade, technical, or vocational schools, colleges and universities, recreation
or youth centers, correctional facilities, churches, and state licensed substance abuse
treatment facilities providing substance abuse treatment; and
(2) Buffer distances shall be measured as the closest distance from the perimeter of a
stand-alone commercial marijuana establishment structure to the outer boundaries of the
school, recreation or youth center, or the main public entrance of a church, correctional
facility, or a substance abuse treatment facility providing substance abuse treatment. If
the commercial marijuana establishment occupies only a portion of a structure, buffer
distances are measured as the closest distance from the perimeter of the closest interior
wall segregating the commercial marijuana establishment from other uses, or available
uses in the structure, or an exterior wall if closer, to the outer boundaries of the school,
recreation or youth center, or the main public entrance of a church or correctional facility,
or a substance abuse treatment facility providing substance abuse treatment.
(g) As provided in the Land Use Table, a person or licensee may apply for a conditional use
permit to allow for a marijuana cultivation facility, standard, on lots of forty thousand (40,000)
square feet or greater in size, and a marijuana cultivation facility, limited, on any size lot.
(h) A marijuana cultivation facility, standard, or a marijuana cultivation facility, limited, shall
only be allowed on a lot which has an existing structure consistent with a principal permitted
use.
(i) A marijuana cultivation facility located in an accessory building shall be subject to the
setback provisions in KMC 14.24.020, Development Requirements Table. A person or
licensee seeking relief from the provisions in the Development Requirements Table may
apply for a variance subject to the provisions of KMC 14.20.180.
(j) A conditional use permit for onsite consumption of marijuana and/or certain marijuana
products must be obtained, in addition to a state issued endorsement license, prior to
operation of any onsite consumption in the City. The conditional use permit for onsite
consumption must be separate from and in addition to any conditional use permit for the
operation of a retail marijuana store. An onsite consumption conditional use permit will not
be issued until a conditional use permit for a retail marijuana store has been issued for the
same location.
Section 3. Amendment of Section 14.22.010 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.22.010 – Land Use Table, is hereby amended as follows:
Ordinance No. 3061-2019
Page 18 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
14.22.010 Land [U]Use [T]Table.
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on
following pages for additional
restrictions
ZONING DISTRICTS
LAND USES A
LI C R
R
R
R-
1
R
S
R
S-
1
R
S-
2
R
U
C
C
C
G IL IH E
D R TS
H LC CM
U
RESIDENTIAL
One-Family Dwelling N C1
8
P P P P P P P2
1
S1 S2 S2 C2
2
P P P S1/C
21
Two-, Three-Family
Dwelling
N C1
8
P P P P P P P2
1
S1 C C C2
2
P P P S1/C
21
Four-Family Dwelling N C1
8
P C3
, 29
P N N P P2
1
S1 C C C2
2
N P C S1/C
21
Five-, Six-Family Dwelling N C1
8
C3 N P N N P P2
1
S1 C C N N P C S1/C
21
Seven- or More Family
Dwelling
N C1
8
C3 N C3 N N P P2
1
S1 C C N N P C S1/C
21
Mobile Home Parks6 N N C N C C C C C C C C N C N N C
Planned Unit Residential
Development7
N C1
8
C C2
9
C C C C C C C C N C C C C
Townhouses4 N C1
8
C3 C3
, 29
C3 C3 C3 C3 C C C C C2
2
C C C C
Accessory Building on
Parcel Without Main
Building or Use (See KMC
14.20.200)
N N C C C C C C N N N N N N C N N
Ordinance No. 3061-2019
Page 19 of 26
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New Text Underlined; [DELETED TEXT BRACKETED]
COMMERCIAL
Airport Compatible Uses P N N N N N N N C C C C N N N C C
Automotive Sales C N C N N N N C P P P P N N N N P
Automotive Service
Stations
C N C N N N N C P P P P N C N N P
Banks C N C N C N N C P P P C N C C C P
Business/Consumer
Services
C N C N C N N C P P P C N C C C P
Commercial Recreation N N C N C N N C P P C C N P C C P
Guide Service C N C N C N N C P P P P N P P C P
Hotels/Motels C N C N C N N C P P P C N C P C P
Lodge C N C N C N N C P P P C N P P C P
Marijuana Cultivation
Facility, Limited 30
N N C C C C C C N C C C N N N C N
Marijuana Cultivation
Facility, Standard 30
N N N N N N N N N C C C N N N C N
Marijuana Product
Manufacturing Facility 30
N N N N N N N N N C C C N N N N N
Marijuana Testing Facility
30
N N N N N N N N C C P P N N N C C
Professional Offices C N C C2
9
C N N P P P P P N C P P P
Restaurants C N C N C N N C P P P C N C C C P
Retail Business C N2
6
C N C N N C P P P P S2
4
S2
4
C C P
Retail Marijuana Store 30 N N N N N N N N N C C C N N N C C
Onsite Consumption
Endorsment31
N N N N N N N N N C C C N N N C C
Theaters N N C N C N N C P P C C N P C C P
Wholesale Business C N C N C N N C C P P P N S2
4
C C N
Ordinance No. 3061-2019
Page 20 of 26
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New Text Underlined; [DELETED TEXT BRACKETED]
INDUSTRIAL
Airports C P2
0
C N C N N C C C C C N C N N C
Necessary Aviation
Facilities
P P C C C C C C P P P P C P C P P
Automotive Repair P N C N C N N C P P P P N N N N P
Gas Manufacturer/Storage C9 N N N C N N N N N C
9
C
9
N N N N N
Manufacturing/Fabricating/
Assembly
P N C N C N N C C P P P N C C N C
Mini-Storage Facility C N C N C N N C C P P P N N N C C
Storage Yard C N C N C N N C C P P P N N N N C
Warehouses C N C N C N N C N P P P N C N N N
PUBLIC/INSTITUTIONAL
Assisted Living N C C C C C C C C C C C C C C C C
Churches* N C P1
0
P10 P1
0
P1
0
P1
0
P1
0
P1
0
P1
0
C C P P1
0
P P P
Clinics N C C N C C C C P P P C C C C P P
Colleges* N C C C2
9
C C C C P P C C P C C C P
Elementary Schools* N C C C2
9
C C C C P P C C P C C C P
Governmental Buildings P C C C2
9
C C C C P P P C P C C P P
High Schools* N C C C2
9
C C C C P P C C P C C C P
Hospitals* N C C N C C C C P P P C C C C C P
Libraries* N C C C2
9
C C C C1
2
P P P C P C P C P
Museums C C C C2
9
C C C C P P P C P C P C P
Ordinance No. 3061-2019
Page 21 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Parks and Recreation N P C C2
9
C C C C P P P P P P P C P
MISCELLANEOUS
Animal
Boarding/Commercial
Kennel13
C C C N C C N N C C C C N C N C C
Assemblies15 (Large:
Circuses, Fairs, etc.)
P C C N C C C C P1
5
P1
5
P1
5
P1
5
P1
5
C P N P15
Bed and Breakfasts N C C C C C C C C C C C N P C C P
Cabin Rentals N C C N C N N N P P P C N P P C P
Cemeteries P C C N C N N N N C C C N C C N N
Communications Towers
and Antenna(s), Radio/TV
Transmitters/Cell Sites** 28
C P C N C C C C P P P P P C C C C
Crematories/Funeral
Homes
N N C N C N N C C C C C N C C C C
Day Care Centers12 N C C C2
9
C C C C P P P C C C C P P
Dormitories/Boarding
Houses
N C C N C C C P P2
1
S C P P2
3
C C C P
Essential Services P P P P P P P P P P P P P P P P P
Farming/General
Agriculture***
N P P N N N N N N N N P N P N N N
Fraternal Organizations/
Private Clubs/Social Halls
and Union Halls
N N C N C C C C P P P C N C P C P
Greenhouses/Tree
Nurseries13
N C C N C C C C P P P C N C C C P
Gunsmithing, Taxidermy N N C N C C C C P P P P N C P P P
Nursing, Convalescent or
Rest Homes
N N C N C C C C P P C C C C C C P
Parking, Public Lots12 C C C N C C C C C C C C C C C C C
Ordinance No. 3061-2019
Page 22 of 26
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New Text Underlined; [DELETED TEXT BRACKETED]
Personal Services25 N C C N C C C C P P P P C C P P/C
27
P
Recreational Vehicle Parks N C C N C N N C C C C C N C C N C
Subsurface Extraction of
Natural Resources16
C C C C C C C C C C C C N C N N N
Surface Extraction of
Natural Resources17
C C C N C N N C N C C C N C N N N
* See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000)
** See 42 Telecommunications Act of 1996, Sec. 704(a)
*** See, however, the limitations imposed under KMC 3.10.070
Footnotes:
1 Allowed as a secondary use except on the ground floor of the part of the building fronting
on collector streets and major highways. Commercial or industrial which falls under the
landscaping/site plans requirements of KMC Chapter 14.25 shall include any secondary
uses in the landscaping and site plans.
2 One (1) single-family residence per parcel, which is part of the main building.
3 Allowed as a conditional use, subject to satisfying the following conditions:
a The usable area per dwelling unit shall be the same as that required for dwelling units
in the RS Zone;
b The site square footage in area must be approved by the Commission;
c Yards around the site, off-street parking, and other development requirements shall
be the same as for principal uses in the RR Zone;
d Water and sewer facilities shall meet the requirements of all applicable health
regulations;
e The proposed dwelling group will constitute a residential area of sustained desirability
and stability, will be in harmony with the character of the surrounding neighborhood,
and will not adversely affect surrounding property values;
f The buildings shall be used only for residential purposes and customary accessory
uses, such as garages, storage spaces, and recreational and community activities;
g There shall be provided, as part of the proposed development, adequate recreation
areas to serve the needs of the anticipated population;
Ordinance No. 3061-2019
Page 23 of 26
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New Text Underlined; [DELETED TEXT BRACKETED]
h The development shall not produce a volume of traffic in excess of the capacity for
which the access streets are designed;
i The property adjacent to the proposed dwelling group will not be adversely affected.
4 See “Townhouses” section.
5 See “Mobile Homes” section.
6 Allowed as a conditional use, subject to “Mobile Homes” section; and provided, that any
mobile home park meets the minimum Federal Housing Authority requirements.
7 See “Planned Unit Residential Development” section.
8 Allowed as a conditional use; provided, that the proposed location and the characteristics
of the site will not destroy the residential character of the neighborhood.
9 Allowed as a conditional use; provided, that all applicable safety and fire regulations are
met.
10 Provided that no part of any building is located nearer than thirty (30) feet to any adjoining
street or property line.
11 Allowed as a conditional use; provided, that no part of any building is located nearer than
thirty (30) feet to any adjoining street or property line; and provided further, that the
proposed location and characteristics of the use will not adversely affect the commercial
development of the zone.
12 Allowed as a conditional use; provided, that the following conditions are met:
a The proposed location of the use and the size and characteristics of the site will
maximize its benefit to the public;
b Exits and entrances and off-street parking for the use are located to prevent traffic
hazards on public streets.
13 Allowed as a conditional use; provided, that setbacks, buffer strips, and other provisions
are adequate to assure that the use will not be a nuisance to surrounding properties. The
Commission shall specify the conditions necessary to fulfill this requirement. Animal
boarding and commercial kennels require a kennel license (see KMC Chapter 3.15).
14 Allowed as a conditional use; provided, that no indication of said use is evident from the
exterior of the mortuary.
15 Allowed; provided, that the following conditions are met:
Ordinance No. 3061-2019
Page 24 of 26
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New Text Underlined; [DELETED TEXT BRACKETED]
a An uncleared buffer strip of at least thirty (30) feet shall be provided between said
use and any adjoining property in a residential zone.
b Exits and entrances and off-street parking for the use shall be located to prevent
traffic hazards on the public streets.
16 See “Conditional Uses” section.
17 See “Conditional Use Permit for Surface Extraction of Natural Resources” section.
18 Conditional use allowed only on privately held property. Not allowed on government
lands.
19 Reserved.
20 The airport related uses allowed under this entry are aircraft approach and departure
zones pursuant to KMC 14.20.070(a), except that for properties contained inside the airport
perimeter fence or having access to aircraft movement areas, taxiways or parking aprons,
FAA authorized uses are allowed.
21 Developments for use shall be the same as those listed in the Development
Requirements Table for the RU/TSH Zones.
22 Allowed as a conditional use in conjunction with a permitted use in the ED Zone.
For example, housing for teachers or students for a school in the zone.
23 Allowed as an accessory use in conjunction with a permitted use in the ED Zone.
For example, a dormitory used to house students for a school or educational facility.
24 Retail businesses allowed as a secondary use in conjunction with the primary use (e.g.,
a gift shop or coffee shop within another business).
25 Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-
service laundries, fitness centers, photographic studios, tailors, tanning salons and
massage therapists.
26 Food services are allowed on a temporary or seasonal basis of not more than four (4)
months per year.
27 Personal services not set forth in the below matrix are conditional uses.
Limited Commercial Zone
Personal Services Permitted (P) Conditional
Use (C)
Art Studios X
Ordinance No. 3061-2019
Page 25 of 26
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New Text Underlined; [DELETED TEXT BRACKETED]
Limited Commercial Zone
Personal Services Permitted (P) Conditional
Use (C)
Barbers X
Beauticians X
Dressmakers X
Dry Cleaners X
Fitness Centers X
Massage Therapist X
Photographic Studios X
Self-Service Laundries X
Tailors X
Tanning Salons X
Tattoo Parlors X
28 Communications tower/antenna(s) allowed as a principal permitted (P) use if the
applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the
applicable conditions set forth in KMC 14.20.150 and 14.20.255 are met.
29 Use allowed only for those parcels that abut the Kenai Spur Highway. The access
to any such parcel must be either from: (a) driveway access on the Kenai Spur Highway; or
(b) driveway access from a dedicated right-of-way and that driveway access is not more
than two hundred seventy-five (275) feet as measured from the constructed centerline of
the Kenai Spur Highway to the center of the driveway access as shown on an as-built
drawing/survey of the parcel.
30 See marijuana regulations, KMC 14.20.230—Home Occupations, 14.20.320—
Definitions, 14.20.330—Standards for Commercial Marijuana Establishments.
31 A conditional use permit for an onsite consumption endorsement can only be approved
if the applicant has a current conditional use permit for a Retail Marijuana Store.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 4. Severability: That if any part or provision of this ordinance or application thereof to
Ordinance No. 3061-2019
Page 26 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of May, 2019.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Introduced: April 3, 2019
Enacted: May 1, 2019
Effective: May 31, 2019
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Scott Bloom, City Attorney
DATE: March 27, 2019
SUBJECT: Ordinance No. 3061-2019 An Ordinance to Incorporate Onsite
Consumption of Marijuana at Retail Marijuana Establishments into the
City Of Kenai’s Code of Ordinances
____________________________________________________________________________
Lieutenant Governor Kevin Myer recently signed into law State regulations allowing for onsite
consumption of marijuana at retail marijuana stores. A separate endorsement license for this
activity is required from the State. While there is an opportunity for the City to prohibit onsite
consumption, this Ordinance permits the activity through a conditional use permit process. In
order to accomplish this, the City’s zoning code and land use table are proposed to be amended
to include a definition of an onsite consumption endorsement, clarify that a conditional use permit
separate from a conditional use permit for the retail facility is required, and provide where the
business activity is allowed in the City. These changes can be found on pages 12, 16, 17 and 19.
The State regulations require an applicant to apply with the Marijuana Control Board for an onsite
endorsement, with new application fees of $1000, renewal fees of $600, and license fees of
$2000. Once an endorsement is obtained (and a conditional use permit in Kenai), a retail
marijuana store can sell marijuana and marijuana products, excluding concentrates, to customers
in a consumption area separated from the rest of the store. For consumption, only one gram may
be sold to a person per day, or edible products containing 10 mg or less of THC. Food and
beverages not containing alcohol or marijuana may also be sold at the location. Tobacco cannot
be consumed in consumption areas, and only product purchased at the location can be
consumed. Drunk and intoxicated people are prohibited from entering or remaining onsite.
“Intoxicated” is defined as “intoxicated form the use of a drug or alcohol.” (I recognize this is not
a very informative definition) Consumption areas are required to have smoke free areas for
employees to monitor the consumption area, a ventilation system that eliminates odor, security
measures and procedures for handling unconsumed product. Outdoor consumption areas are
contemplated in the regulations with additional requirements that the activity must be compatible
with surrounding uses, there must be sight obscuring borders, and there is allowance for objection
by property owners within 250 feet and local government objection.
Your consideration is appreciated.
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Elizabeth Appleby, City Planner
DATE: April 25, 2019
SUBJECT: Ordinance 3061-2019 - Amending Kenai Municipal Code 14.20.320-
Definitions, 14.20.330- Standard for Commercial Marijuana
Establishments and 14.22.010- Land Use Table, To Incorporate Onsite
Consumption of Marijuana at Retail Marijuana Establishments into the
City of Kenai’s Code of Ordinances
____________________________________________________________________________
The City of Kenai Planning and Zoning Commission discussed and made a recommendation for
Ordinance 3061-2019 during their meeting on April 24, 2019, through Resolution PZ2019-13. The
Commission recommended approval of Ordinance 3061-2019 with an addition of a limitation on
operating hours for onsite consumption endorsements at retail marijuana stores. The Commission
passed this amendment unanimously and felt it would reduce the potential for onsite consumption
to disturb public safety or quality of life. The Commission recommended the exact time of limitation
on hours of operation be determined by the City Council. Resolution PZ2019-13 is attached to
this memorandum.
Thank you for your consideration.
the d ty of,
KENAI, ALASKA
'V/
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2019-13
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
RECOMMENDING THE COUNCIL OF THE CITY OF KENAI ENACT ORDINANCE 3061-2019
AMENDING KENAI MUNICIPAL CODE 14.20.320 -DEFINITIONS, 14.20 .330 -STANDARD
FOR COMMERCIAL MARIJUANA ESTABLISHMENTS AND 14.22 .010-LAND USE TABLE, TO
INCORPORATE ONSITE CONSUMPTION OF MARIJUANA AT RETAIL MARIJUANA
ESTABLISHMENTS INTO THE CITY OF KENAl 'S CODE OF ORDINANCES .
WHEREAS, Kenai Mun icipal Code 14.05 .010 states the City of Kenai Planning and Zoning
Commission will act in an advisory capacity to the Kenai City Council regarding the Kenai Zoning
Code ; and ,
WHEREAS , the conditional use permit process combined with state regulations on onsite
consumptions will e nsure the use is allowed in appropriate areas of the City ; and ,
WHEREAS , Ordinance 3061-2019 would follow the zoning for retail marijuana stores , which is a
condit ional use that would be a pre-condition for obtaining an ons ite consumption endorsement
conditional use permit; and ,
WHEREAS, since the onsite consumption endorsement could only be obtained by retail marijuana
stores , the proposed change to the zoning table for the u se of an onsite consumption
endorsements matches the zones where retail marijuana stores are allowed in the City ; and ,
WHEREAS , public health, safety, and welfare would be ensured by considerations during the City
of Kenai conditional use permit application process and by State application requirements and
regulations for onsite consumpt ion ; and,
WHEREAS, pursuant to State stipulations , there would be limitations on consumption , ventilat ion
requ irements , and mon itoring by employees.
NOW, THEREFORE , BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Secti on 1. That the Kenai City Council enact Ordinance 3061-2019 with the addition of
limitation on hours of operation for onsite consumption endorsements at re tail marijuana stores .
Section 2. That a copy of Resolution PZ2019-13 be forwarded to the Kena i City Co uncil.
Resolution No. PZ2019-13
Page 2 of 2
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 24th day of April, 2019.
ATTEST:
STAFF REPORT
To: Planning & Zoning Commission
From: Elizabeth Appleby, City Planner
Date: April 14, 2019
Subject: Resolution PZ2019-13 - Recommending the Council of the City of Kenai Enact
Ordinance 3061-2019 Amending Kenai Municipal Code 14.20.320- Definitions, 14.20.330-
Standard for Commercial Marijuana Establishments and 14.22.010- Land Use Table, To
Incorporate Onsite Consumption of Marijuana at Retail Marijuana Establishments into the City
of Kenai’s Code of Ordinances.
GENERAL INFORMATION
During their regular meeting on April 3, 2019, the Kenai City Council voted to refer Ordinance
No. 3061-2019 – Amending Kenai Municipal Code (KMC) 14.20.320 Land Use Table-
Definitions, 14.20.330- Standard for Commercial Marijuana Establishments and 14.22.010-
Land Use Table, To Incorporate Onsite Consumption of Marijuana at Retail Marijuana
Establishments into the City of Kenai’s Code of Ordinances, to the City of Kenai Planning and
Zoning Commission for consideration and a recommendation. Ordinance No. 3056-2019 would
amend KMC 14.22.010 Land Use Table to add a conditional use of an onsite consumption
endorsement that may be applied for by retail marijuana stores through a conditional use permit
process that follows State regulations. City Attorney Scott Bloom provided a memorandum
summarizing State regulations and background documents pertaining to the State regulations,
which are included as attachments to this memorandum. The items from the City Council
meeting were also included in the packet as an informational item for the Planning and Zoning
Commission on April 10, 2019.
The City of Kenai Planning and Zoning Commission acts in an advisory capacity to the Kenai
City Council on the Kenai Zoning Code as specified in KMC 14.05.010 Duties and powers under
Title 14 Planning and Zoning Commission. The Kenai City Council will consider Ordinance No.
3061-2019 with the recommendation of the City of Kenai Planning and Zoning Commission
through Resolution PZ2019-13 at their meeting on May 1, 2019. Both the City Council and the
Planning and Zoning Commission will consider their respective ordinance and resolution
through public hearings as required by City Code.
PZ2019-13 Staff Report Page 2
Public Notice, Public Comment
The proposed change to City Code was referred to the Kenai Planning and Zoning Commission
from the Kenai City Council. Pursuant to KMC 14.20.280, Public hearing and notifications, City
staff published notice of the Planning and Zoning Commission public hearing in the Peninsula
Clarion and posted notice in three public places.
No public comments have been submitted to the City of Kenai as of April 16, 2019.
ANALYSIS
Definition of Onsite Consumption
The proposed Code changes would add the following new definition to KMC 14.20.320
Definitions:
“Onsite Consumption Endorsement” means the state regulated consumption of certain
marijuana products at or adjacent to a retail marijuana store by patrons of the commercial
marijuana establishment.
With this definition, retail marijuana stores may obtain a conditional use permit from the City for
onsite consumption. A separate license from the State for an onsite consumption endorsement to
a retail marijuana store would also be required.
The City of Kenai currently has four permitted retail marijuana stores. The City also has four
permitted marijuana manufacturing facilities and cultivation facilities, but only retail marijuana
stores may obtain an onsite consumption endorsement. Onsite consumption would not be allowed
as a stand-alone use and would need to be part of a retail marijuana store.
Zoning and Land Use Table for Onsite Consumption
KMC 14.20.330 Standards for Commercial Marijuana Establishments would be amended by
Ordinance 3061-2019 to state under KMC 14.20.330(a) that an onsite consumption endorsement
may be permitted or allowed with a conditional use permit. KMC 14.20.330(j) would be an addition
to state:
“A conditional use permit for onsite consumption of marijuana and/or certain marijuana
products must be obtained, in addition to a state issued endorsement license, prior to
operation of any onsite consumption in the City. The conditional use permit for onsite
consumption must be separate from and in addition to any conditional use permit for the
operation of a retail marijuana store. An onsite consumption conditional use permit will not
be issued until a conditional use permit for a retail marijuana store has been issued for the
same location.”
Since the onsite consumption endorsement could only be obtained by retail marijuana stores, the
proposed change to the zoning table for the use of onsite consumption endorsements matches
the zones where retail marijuana stores are allowed in the City. Retail marijuana stores and
proposed for onsite consumption endorsements are a conditional use in the General Commercial
(CG), Light Industrial (IL), Heavy Industrial (IH), Limited Commercial (LC), and Central Mixed Use
PZ2019-13 Staff Report Page 3
(CMU) zones; not permitted use in all other zones. Footnote 31 is proposed to be added to the
Land Use Table to explicitly state that, “a conditional use permit for an onsite consumption
endorsement can only be approved if the applicant has a current conditional use permit for a retail
marijuana store”.
The conditional use permit for onsite consumption endorsement would go through the normal
evaluation procedure to meet the review criteria for issuance of a conditional use permit, including
a review during a public hearing that the use would meet the intent of the zoning district and the
Comprehensive Plan, that neighboring property and the neighborhood would not be significantly
impaired, that the use would not be harmful to public safety, health, or welfare, and that public
services and facilities would be adequate to serve the proposed use. Onsite consumption would
be evaluated in addition to the evaluation for a retail marijuana store.
Public Safety and Limitations on Onsite Consumption
The State legislation would require an additional State license impose regulations on onsite
consumption. Consumption would be limited to 1 gram per person or edible products containing
10mg or less of THC. Tobacco, concentrates, alcohol, or marijuana products not sold at the
location may not be consumed. Food or beverage not containing alcohol or marijuana may be
sold and consumed at the location. Products must be consumed in an area separated from the
rest of the store with a smoke free area for employees to monitor the consumption area. Outdoor
consumption areas must be compatible with surrounding uses, have sight obscuring borders,
consider the air intake vents on neighboring buildings, and consider the objections of local
property owners within 250 feet of the outdoor consumption. KMC 12.40.020 regulates smoking,
which prohibits smoking within all indoor eating establishments and bowling alleys. Marijuana
smoking would be required to follow City and State regulations for smoking, including KMC 12.40,
Regulation of Smoking.
Kenai Police Dispatch provided statistics on call volumes on marijuana-related cases since
legalization, as shown in Table 1. It is difficult to correlate causes and effects on concerns for
public safety as the marijuana-related cases cover a broad range, but call volume for marijuana-
related cases has decreased over time including a sharp drop in 2015 after the legalization vote
in 2014.
PZ2019-13 Staff Report Page 4
Table 1 Marijuana Related Calls to Kenai Police Dispatch
Year Number of Marijuana-
Related Calls to Kenai
Police Dispatch*
2009 66
2010 71
2011 73
2012 59
2013 63
2014 51
2015 27
2016 12
2017 18
2018 25
*May be anything that prompted
Dispatch to connect the case to
marijuana in the database and
includes anonymous reports, juvenile
use, odor complaints, etc.
Summary of Analysis
Ordinance 3061-2019 would add onsite consumption endorsement as a potential use requiring
a conditional use permit that may be compatible in the CG, IL, IH, LC, and CMU zones. Only
retail marijuana stores may obtain a permit for the use of onsite consumption endorsement as
an addition to their existing permit for a retail marijuana store. Businesses would obtain
applicable State licenses, including a license required for the onsite consumption endorsement
that is in addition to the State license for a retail marijuana store. Businesses would also follow
State regulations, including requirements for ventilation, limits on amount sold, limits on outdoor
consumption areas, and procedures for employees to safely monitor the consumption.
RECOMMENDATIONS
City staff advises the Planning and Zoning Commission to recommend approval of Ordinance No.
3056-2019 to the Kenai City Council by passing Resolution No. PZ2019-13.
ATTACHMENTS
A. Resolution No. PZ2019-13
B. Ordinance No. 3061-2019
C. Memorandum from the City Attorney to City Council for Ordinance No. 3061-2019
D. Map showing Retail Marijuana Stores in the City of Kenai
E. Supporting documents from the State of Alaska provided by the City Attorney to City
Council
Generated:Marijuana Retail Stores 7/19/18
Majestic Gardens
Kenai River Cannabis
East Rip Red Run
.4,3 00 '
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Scott Bloom, City Attorney
DATE: April 30, 2019
SUBJECT: Amendment Memo for Ordinance 3061-2019, An Ordinance to
Incorporate Onsite Consumption of Marijuana at Retail Marijuana
Establishments into the City Of Kenai’s Code of Ordinances.
____________________________________________________________________________
The Planning and Zoning Commission recommended that the City Council amend Ordinance
3061-2019, to restrict allowable hours of operations for onsite consumption operations. For
reference, State law prohibits the sale of alcohol between the hours of 5:00 am and 8:00 am.
In order to effectuate the Planning and Zoning Commission’s recommendation, I recommend the
following amendments:
Add a 5th WHEREAS clause to read:
WHEREAS, to protect public health and safety, hours of operation of onsite consumption
endorsements are limited to between and ; and ,
Amend Section 2 of the Ordinance by adding a subsection (k) to 14.20.330 to read:
(k) An onsite consumption endorsement may only be operated on a daily basis between
the hours of ____and _____.
Additionally, if Council wishes to prohibit outdoor onsite consumption, Council should move to
amend Ordinance 3061-2019 as follows:
Add a 6th WHEREAS clause to read:
WHEREAS, to protect public health and safety as well as minimize conflicts between
onsite consumption and adjacent businesses, residences and the public, outdoor onsite
consumption is prohibited; and,
Ordinance 3061-2019
Amend Section 2 of the Ordinance by amending subsection (a) of 14.20.330 to read:
(a) Commercial marijuana establishments and indoor only onsite consumption endorsements
may be permitted or allowed with a conditional use permit under KMC 14.20.150, as provided
in the City of Kenai’s land use table, KMC 14.22.010, and the provisions of this section.
Finally, for ease of review, a Land Use Table with header key on each page is attached.
14.22.010 La nd use table I Kena i Mun icipa l Code
14.22.010 Land use table .
KEY: P = Prin cipal Permitted Use
C = Cond itional Use
S = Secondary Use
N = Not Permitted
LAND USES ALI c
RESIDENTIAL
One-Family Dwelling N c 1s
Two-, Three-Family Dwelling N c1s
Four-Fami ly Dwelling N c 1s
Five-, Six-Family Dwe llin g N c 1s
Seven-or More Fam ily Dwelling N c 1s
Mob ile Home Parks6 N N
Planned Un it Residential N c 1s
Development7
Townhouses4 N c 1s
Accessory Building on Parcel N N
Without Main Building or Use (See
KMC 14 .20.200 )
COMMERCIAL
Airport Compa tible Uses p N
Automotive Sales c N
Automoti ve Service Stati ons c N
Banks c N
Bu siness/Consumer Services c N
Commercial Recreation N N
Guide Service c N
Hotels/Motels c N
Lodge c N
RR
p
p
p
C3
C3
c
c
C3
c
N
c
c
c
c
c
c
c
c
LAND USE TABLE
ZONING DISTRICTS
RR-1 RS RS-1 RS-2
p p p p
p p p p
C3. p N N
29
N p N N
N C3 N N
N c c c
c 29 c c c
C3. C3 C3 C3
29
c c c c
N N N N
N N N N
N N N N
N c N N
N c N N
N c N N
N c N N
N c N N
N c N N
RU cc
p p21
p p21
p p21
p p21
p p21
c c
c c
C3 c
c N
N c
c p
c p
c p
c p
c p
c p
c p
c p
Page 1 of 7
NOTE: Referen ce footnotes on
following pages for additional
rest rictions
CG IL IH ED R TSH LC
s1 s2 s2 c22 p p p
s1 c c c 22 p p p
s1 c c c 22 N p c
s1 c c N N p c
s1 c c N N p c
c c c N c N N
c c c N c c c
c c c c 22 c c c
N N N N N c N
c c c N N N c
p p p N N N N
p p p N c N N
p p c N c c c
p p c N c c c
p c c N p c c
p p p N p p c
p p c N c p c
p p c N p p c
CMU
s 11c 21
s 11c 21
s 11c 21
s11c21
s1 1c 21
c
c
c
N
c
p
p
p
p
p
p
p
p
The Kenai Municipal Code is current through Ordinance 30 57-2019, passed April 3, 2019.
14.22.010 Land use table I Kenai Municipal Code Page 2 of 7
LAND USES ALI c RR RR-1 RS RS-1 RS-2 RU cc CG IL IH ED R TSH LC CMU
Marijuana Cultivation Facility , N N c c c c c c N c c c N N N c N
Limited 30
Marijuana Cultivation Facility, N N N N N N N N N c c c N N N c N
Standard 30
Marijuana Product Manufacturing N N N N N N N N N c c c N N N N N
Facility 30
Marijuana Testing Facility 30 N N N N N N N N c c p p N N N c c
Professional Offices c N c c 2s c N N p p p p p N c p p p
Restaurants c N c N c N N c p p p c N c c c p
Retail Business c N26 c N c N N c p p p p S24 s 24 c c p
Retail Marijuana Store 30 N N N N N N N N N c c c N N N c c
Onsite ConsumQtion Endorsement N N N N N N N N N Q Q Q N N N Q Q
.ll
Theaters N N c N c N N c p p c c N p c c p
Wholesale Business c N c N c N N c c p p p N S24 c c N
INDUSTRIAL
Airports c p 20 c N c N N c c c c c N c N N c
Necessary Aviation Facilities p p c c c c c c p p p p c p c p p
Automotive Repair p N c N c N N c p p p p N N N N p
Gas Manufacturer/Storage C9 N N N c N N N N N C9 C9 N N N N N
Manufacturing/Fabricating/Assembly p N c N c N N c c p p p N c c N c
Mini-Storage Facility c N c N c N N c c p p p N N N c c
Storage Yard c N c N c N N c c p p p N N N N c
Warehouses c N c N c N N c N p p p N c N N N
PUBLIC/INSTITUTIONAL
Assisted Living N c c c c c c c c c c c c c c c c
Churches* N c p 10 p 10 p 10 p1 0 p 10 p 10 p 10 p 10 c c p p 10 p p p
Clinics N c c N c c c c p p p c c c c p p
Colleges* N c c c 29 c c c c p p c c p c c c p
Elementary Schools* N c c c 29 c c c c p p c c p c c c p
Governmental Buildings p c c c 2s c c c c p p p c p c c p p
High Schools* N c c c 29 c c c c p p c c p c c c p
Hospitals* N c c N c c c c p p p c c c c c p
Libraries * N c c c 2s c c c c 12 p p p c p c p c p
The Kenai Municipal Code is current through Ordinance 3057-2019 , passed April 3, 2019.
14.22.010 Land use table I Kenai Municipal Code Page 3 of 7
LAND USES ALI c RR RR-1 RS RS-1 RS-2 RU cc CG IL IH ED R TSH LC CMU
Museums c c c c29 c c c c p p p c p c p c p
Parks and Recreation N p c c29 c c c c p p p p p p p c p
MISCELLANEOUS
A nimal Boarding /Commercial c c c N c c N N c c c c N c N c c
Kennel 13
Assemblies 15 (La rge: Ci rcuses, p c c N c c c c p15 p1 5 p15 p15 p15 c p N p1 5
Fairs, etc.)
Bed and Breakfasts N c c c c c c c c c c c N p c c p
Cabin Rentals N c c N c N N N p p p c N p p c p
Ce meteri es p c c N c N N N N c c c N c c N N
Communications Towers and c p c N c c c c p p p p p c c c c
Antenna(s), Radio/TV
Transmitters/Cell Sites** 28
Crematories/Fu neral Homes N N c N c N N c c c c c N c c c c
Day Care Cente rs 12 N c c c 29 c c c c p p p c c c c p p
Dormitories/Boa rdi ng Houses N c c N c c c p p21 s c p p23 c c c p
Essential Services p p p p p p p p p p p p p p p p p
Fa rm ing /General Agriculture*** N p p N N N N N N N N p N p N N N
Fraternal Organization s/ Pri vate N N c N c c c c p p p c N c p c p
Clu bs/Socia l Halls and Union Halls
Greenh o us es/Tree Nurseries13 N c c N c c c c p p p c N c c c p
Gunsmithin g, T axidermy N N c N c c c c p p p p N c p p p
Nursing, Co nvalescent or Rest N N c N c c c c p p c c c c c c p
Homes
Pa rking, Public Lots12 c c c N c c c c c c c c c c c c c
Personal Services25 N c c N c c c c p p p p c c p Ptc 21 p
Recreational Vehicle Parks N c c N c N N c c c c c N c c N c
Subsurface Extraction of Natural c c c c c c c c c c c c N c N N N
Resources16
Surface Extraction of Natural c c c N c N N c N c c c N c N N N
Resou rces17
* See 42 USCA Sec. 2000cc (Relig ious Land Use and Institutiona li zed Persons A ct of 2000 )
**See 42 Tel ec ommunications Act of 1996, Sec. 704(a )
***See , however, the limitations imposed under KMC 3 .10.070
Footnotes:
The Kenai Municipal Code is curre nt through Ord in ance 3057-2019 , passed April 3, 2019.
14.22 .0 10 Land use table I Kenai Municipal Code Page 4 of 7
1 Allowed as a secondary use except on th e ground floor of th e part of the bui lding fronting o n collector streets
and major highways. Commercial or industrial which falls under t he landscaping/site plans requireme nts of
KMC Chapter 14.25 s hall include any secondary uses in the landscaping and site plans.
2 One (1) single-family residence per parcel, which is part of the main building.
3 Allowed as a conditional use, subject to satisfying the following conditions:
a The usable area per dwelling unit shall be the same as t hat required fo r dwelling units in the RS Zone ;
b The site square footage in area must be approved by th e Commission;
c Ya rd s around the site, off-street parking , and other developme nt requirements shall be the same as for
principal uses in the RR Zone ;
d Water and sewe r facilities sha ll meet th e req uire ments of all appli cable health reg ulations;
e Th e proposed dwelling group wi ll constitute a residential area of sustained desirability and stability, will
be in harmony with t he character of the surrounding neighborhood , and will not adversely affect
su rroun ding property values;
f The buildings shall be used o nly for re sidential purposes and customary accessory uses, such as
garages, storage spaces, and re creational a n d community activities;
g There shall be prov ided , as part of th e proposed development , adequate recreation areas to serve the
needs of the anti cipated populati on;
h The developme nt shall not produce a volu me of traffic in excess of the capacity for wh ich the access
streets are designed;
i The property adjacent to the proposed dwelling group wi ll not be adversely affected.
4 See "T own houses" section .
5 See "Mobile Hom es" section .
6 Allowed as a conditional use, subject to "Mobil e Ho mes" secti on; and provided , t hat any mobi le ho me park
meets the minimum Federal Housing Authority r equi rements.
7 S ee "Plan ned Unit Residential Development" section.
8 Allowed as a con ditional use; provided , that th e proposed location and the characteristics of the site will not
destroy the residential cha racter of the ne ighborhood .
9 Allowed as a conditional use ; provided, that all ap plicable sa fety and fi re reg ulation s are met.
10 Provided that no pa rt of any building is loca ted nearer than thirty (30) f eet to any adjoining street or
property li ne.
11 A ll owed as a conditional use; provided , that no part of any building is loca ted nearer t han t hirty (30) feet to
any adjoining st reet or property line ; and provided furthe r , that the proposed location and cha racteristics of the
use wi ll not adversely affect the commercial development of t he zone.
12 Allowed as a conditio nal us e; provided, that the foll ow ing co nditions are met:
a The proposed loca ti on of the use and the size a nd characteristi cs of the site will m aximize its benefit
to the public;
The Kenai Mun icipa l Code is current through Ordinance 3057-2019, passed April 3, 2019.
14.22.010 Land use table I Kenai Municipal Code Page 5 of 7
b Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public
streets.
13 Allowed as a conditio na l use; provided, that setbacks, buffer strips, and other provisions are adequate to
assure that th e use wi ll not be a nuisance to surrou nding properties. The Commission sha ll specify th e
co nditions necessary to fu lfill this requirement. Animal boarding and commercial kennels require a kennel
license (see KMC Chapter 3 .15 ).
14 Allowed as a cond itional use; provided, that no indication of said use is evident from the exte rior of the
mortuary.
15 Allowed; provided , that the following conditions are met:
a A n unclea red buffer strip of at least thirty (30) feet shall be provided betwee n said use and any
adjoi ning property in a residenti al zone.
b Exits and entra nces and off-st reet parking for the use shall be located to prevent traffic hazards on the
public streets .
16 See "Conditional Uses" section.
17 See "Conditional Use Permit for Surface Extraction of Natural Resources " section .
18 Conditional use allowed only on privately held property. Not allowed on government lands.
19 Re served.
20 The airport related uses allowed under thi s entry a re aircraft approach and departure zones pursuant to
KMC 14 .20.070(a), except that for properties contained in side the ai rp ort perimete r fence or having access to
aircraft m ovement areas, taxiways or parki ng aprons, FM aut ho rized uses are allowed.
21 Developments for use shall be the sam e as those listed in the Develop ment Requ irements Table for the
RU/TSH Zones.
22 Allowed as a conditional use in conjunction with a permitted use i n the ED Zone. For example ,
housing for teachers or students for a school in the zone.
23 Allowed as an accessory use in conjunction with a permitted use in the ED Zone . For example, a
dormitory used to house students for a school o r educational facility.
24 Retail businesses allowed as a secondary use in conjunction with the pri mary use (e.g ., a gift shop or
co ffee shop within another business).
25 Art studios, barbe rs, beauticians, tattoo parlors , dressmakers, dry cleaners and self-service laundries,
fitness centers, photographic studios , tailors, tann ing salons and massage therap ists .
26 Food services are allowed o n a temporary or seaso nal basis of not more th an fo ur (4 ) months per yea r.
27 Personal services not set forth in the below matrix are conditional uses.
Limited Commercial Zone
Personal Services Permitted (P)
Conditional Use
(C)
Art Studios x
Th e Kenai Muni cipal Code is current thro ugh Ordinance 3057-2019 , passed April 3, 2019.
14.22.010 Land use table I Kena i Mu nicipal Code Page 6 of 7
Limited Commerci al Zone
Conditional Use
Personal Services Permitted (P)
(C)
Barbers x
Bea uticians x
Dre ssmakers x
Dry Cl eane rs x
Fitness Ce nters x
Massage Therapist x
Photographic Studios x
Se lf-Se rv ice Laun dries x
Tai lors x
Ta nn ing Salons x
Tattoo Parlo rs x
28 Commun ications tower/a nten na(s) a ll owed as a principa l pe rmitted (P) use if the applicable conditions set
fo rth in KMC 14 .20.255 are met or a condi ti onal use (C) if the app licable conditions set fo rth in KMC 14.20.150
and 14.20.2 55 are met.
29 Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel
must be eithe r from: (a) driveway access on the Kenai Spur Highway; or (b) driveway access from a dedicated
rig ht-of-way and that driveway access is not more than two hundred seventy-five (275) feet as measured from
the constructed ce nte rlin e of the Kenai Spur Highway to the ce nter of the d riveway access as shown on an
as-built drawing/su rvey of th e pa rcel.
30 See mari juana reg ulations , KMC 14.20.230-Home Occupations, 14.20.320 -Definitions,
14.20.330-Standards for Commercial Ma rijuana Estab lishments.
(Amended du ring 7-7-99 supple ment ; Ord. 1862-2000; A mended during 12-1-00 su pplement; Ords. 1911 -2001 ,
1938-2001 , 1956-2002 , 1962-2002, 1990-2003 , 1994-2003 , 2053-2004 , 2081 -2005 , 2 112-2005 , 2113-2005 ,
2144-2006 , 2152-2006 , 2185-2006, 2195-2006, 22 46-2007 , 2272-2007 , 2403-2009, 2425-2009, 2546-20 11,
2610-20 12, 2649-20 12 ,2688-2013,2784-2014 , 2870-20 16, 2884-20 16, 3025-20 18)
The Kena i Municipal Code i s cu r rent th rough O rdinance 3057-20 19, passed April 3, 2019.
Disc la im e r: The City Cl e rk has the offic ia l v e rsio n of th e Ke na i M unicipa l Code. Users shou ld contact
th e City C lerk for o rdin a nces pa ssed subseq uent to the ordina nce cited above.
City Website: www.kenai.city
The Kenai Mun icipa l Code is cu rrent through Ordina nce 3057-2019, passed April 3 , 2019.
14.22.010 Land use t able I Kenai Municipa l Code
City Telephone: (907) 283-7535
Co de Publishing Co mpany
The Kenai Municipal Code is current through Ordi nance 30 57-2019, passed Apri l 3, 2019.
Page 7 of 7