HomeMy WebLinkAboutORDINANCE 1188-1987 SubstituteLAE
SUBSTITUTE
Suggested By: Planning & Zoning
Commission
CITY of KENAI
ORDINANCE 1188-87
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING THE KENAI MUNICIPAL CODE TITLE 14 WITH THE ADDITION OF
SECTION 14.20.185 ENTITLED "ENCROACHMENT PERMITS."
WHEREAS, the Planning & Zoning Commission had been given certain
duties which assist the public in matters pertaining to lands;
and,
WHEREAS, during the course of reviewing and attempting to meet
the needs of the community, it has been found by this bony that
there is an area that is lacking and is a problem of sufficient
magnitude to require a new section added to the existing zoning
code; and,
WHEREAS, the Commission has held work sessions and public
hearings to determine if this section will meet the needs of the
community; and,
WHEREAS, as a result of these public meetings, the Commission
feels this draft "Exhibit A" before the Council and attached to
this ordinance, now fulfills the needs of the Commission and
community.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KE
ALASKA, as follows:
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Section 1-
The Kenai Municipal Code Title 14 be amended by adding
Section 14.20.185 entitled "Encroachment Permits" as def
in the attached "Exhibit A."
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PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day
of April, 1987.
JOYr . WILLIAMS, MAYOR
ATTEST:
&,it "L&
;016t Whelan, City Clerk
First Reading: January 21, 1987
Second Reading: April 15, 1987
Effective Date: May 15, 1987
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14.20.185 Encroachment Permits: (a) Definitions.
"Encroachment" means any object or structure above or below
ground and constructed or located in a manner other than set
forth in the Development Requirements Table.
(b) Intent. An encroachment permit is the relaxation of
the development requirements of this chapter to remedy
encroachments which do not fall under Section 14.20.050,
nonconforming uses and which satisfy the requirements of
financial institutions.
(c) Permit Application. An application for an encroachment
permit shall be filed in writing with the City Planning
Department and signed by the owner of the property concerned or
representative of the owner. A fee of $100 shall be paid to the
City of Kenai at the time the permit application is filed.
(1) The application shall contain the following:
[A] A legal description of the property involved;
[8] Plans showing the location of all existing
buildings, rights -of -way or easements, setbacks,
elevations, and any data pertinent to the
application.
(d) Review: Criteria. The Planning Department shall submit
the application to the Planning Commission for review and public
hearing. The Planning Commission shall establish a finding that
all of the conditions set forth in Subsections (1) through (4) of
this section have been found to exist before issuing an
encroachment permit.
(1) An encroachment as defined in KMC 14.20.185(a)
exists.
(2) The encroachment does not encroach upon a Federal,
State or City right-of-way or utility easement.
(3) The issuance of the encroachment permit will not
authorize a use which is not a principal permitted
use in the zoning district in which the property
is located.
(4) The encroachment is not located across a platter.
lot line.
(e) Public Hearing. The public hearing and notification
procedure for an encroachment permit application shall be
accomplished in accordance with the requirements of this chapter.
(f) Unauthorized Encroachments. Unauthorized encroachments
shall be immediately removed by the owner upon being given notice
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by the City. Notice shall consist of a written letter, sent by
certified mail return receipt requested, or by personal service,
explaining the violation and allowing twenty days to remove the
encroachment.
(g) Expiration of Permit. Permits shall expire
automatically upon termination or interruption of the use; damage
to the building, structure, or object which makes it uneconomic
to repair the building, structure, or object; or, the expiration
of the useful life of the building, structure, or object,
whichever comes first.
(h) Right to Appeal. Any revocation, suspension, or denial
of an encroachment permit by the Planning Commission may be
appealed to the City Council by filing a written notice of appeal
with the clerk and stating the grounds for such appeal. The
appeal notice shall be filed within thirty days after the
effective date of the revocation, suspension, or denial of the
request for the encroachment permit. All notices of appeal must
comply with Section 14.20.290.
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