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HomeMy WebLinkAboutORDINANCE 1155-1986 Substitute0 SUBSTITUTE 2 Suggested byt Planning & Zoning CITY OF KENAI ORDINANCE NO. 1155-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAIp ALASKAp AMENDING VARIOUS PORTIONS OF KENAI MUNICIPAL CODE SECTION 14 ENTITLED "PLANNING AND ZONING." WHEREAS, several sections of the Zoning Code need to be updated# elerifiedp and conflicting sections made to agree. NOW# THEREFORE# BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAIp ALASKAp that amendments to the Kenai Municipal Code Section 14 be made as defined below: Section 1t The Table containing development requirements located on Page 14-61 of the Kenai Zoning Code is hereby emended to read according to the attached Exhibit "A" which is attached hereto and incorporated herein. Section ion 23 Section 14.20.240 of the Kenai Zoning Code is hereby amended to read according to Exhibit "B" which is attached hereto and Incorporated herein. Section on 38 Section 14e20.050(g) of the Kenai Zoning Code is hereby amended to reed according to Exhibit "C" which is attached hereto and incorporated herein. Section p s Section 14.20.150(c) of the Kenai Zoning Code is hereby amended to read according to Exhibit "0" which is attached hereto and Incorporated herein. Section gt Section 14.20e190(e) of the Kenai Zoning Code is hereby amended to read according to Exhibit "E" which is attached hereto and incorporated heroine 1 e}4 _ ..-___.. _. _._.. , -.. ._., ..•:... a.:' 4-'5�1. .� _ ..r.. �.. �. :vet .. .. �. , , � ram••-'� --�-. ... � .v � v..� �J��' � �� � r. Toy Section 61 The section of the Land Use Table - Page It located on Page 14-50 of the Kenai Zoning Code Is hereby amended to read according to Exhibit "F" which is attached hereto and incorporated herein. Sectio�,n 7s The Additional Requirements Table located on Page 14-62 of the Kenai Zoning Code is hereby amended to read according to the attached Exhibit "G" which is attached hereto and incorporated herein. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of August, 1986. 1 & ATTESTS 1?/0"t Vhs an, y Clerk Building Officials 9/20/66 GONER, First Reading: July 161 1986 Second Reeding: August 20, 1986 Effective Date: September 209 1986 2 , — � • �� ::��1 '-- - - ----r� 1. -`_ - � - ' t' _ � � '. - , '. IN i. C- 1b CITY OF Lam q N4" � otoacuLLso �muu.0" Mn lump"ON=4= August 209 1966 MEMORANDUM TOs Mayor and Kenai City Council FROM: Howard Hackneyq Building Inspector REt Ordinance No. 1155-86 . L Ordinance 1155-66 was originally presented to Planning and Zoning with suggested changes to the zoning code. They made some changes and passed it as "Resolution PZ66-260. This was sent to Council as Ordinance 1155-86 and was introduced. At the next Planning and Zoning Commission meeting they decided there was on -. additional change that needed to be made. They instructed the f Planning and Zoning secretary to draft a substitute ordinance for the next Council meeting when the ordinance would come up for. -- -- -- public hearing.- ^-:_ When the substitute ordinance was drafted deleting the additional "•: `. change two other sections were inadvertently deleted which needed attention. Council postponed action on the ordinance and returned it to Planning and Zoning. At the lest Planning and Zoning meeting these were put back in and the section on ________ set -becks from the centerline of streets was modified. The ordinance was re -drafted for presentation tonight. The added Items were put back in the wrong order which made the whole ordinance inoorrect. Ordinance 1155-86 Substitute 2 %-lb) corrects all errors and is as Planning and Zoning requested. i � I� r 1t� �II'I ! � �• ..r• . Ec' � �; �' ?I 'Pro i �i: 'vh` �� -' � J �� + �! ,� 1� �` �. P.r�r,'1+�• 'i �, �W- � I' �;•a:�i^. 1•.{4 ,'I :-c..... ..� I '! � .Q !'� P �^ r �✓, r � � .1:�"i.' �'�' I 'r.. ��.' ..litj� 'a0 •,ip �� {{w�`r. . �5�, �id i�L � C' � :.1' QN'' 1 I �P ' (77 USES AR- RS- RU 1N -- --- CC- MMUMN LOT AREA (sq.ft.) 40,000 y` 40;000 7:200 '20;000 7,200 7,Z00 50000 witb public water and/or sever' 20,000 20.000 7,200 12.500 7,200 7,206 5.000 ffWDmH MULTI-TMILT LOT AREA (sq. (t.) 40,000/ 4 - family dwelling b 20:000* '- N/A 9.600 N/A N/A 7,200 - S - faatly dweliins See Individual - `' �- N/A 10,000 N/A N/A Sub. to Comaission - 6 - family duelling Avoroval sections for Requirements - KlA .12,000 N/A N/A Sub. to Commissia - - N/A - 7 - family dvellins Approval - "MIMM LOT YIDR'8i 90' ;8- 609 60' 60' 60' 60' Mnmm YARD Front 25' 25' 25' 25' 25' 10' 25' side 15' 15' , 51 51 51 52 1S' Rear + 20' 20' 20' 20' 20' 102 20' 30Z � ` ' 30Z 302Em 02 302 -402 MUM LOT COMMAGE fllsIIltM 8EICMr 35' `o , - 3T5'"_ • iiei 3S' the miniaum ' le 35' r - - s with ..or structures t *morethan one st ry.AN, ght. s Yard shall be 1S feet.] ZLW*pt that for each fall story over Z� $tcries cub side and rear yard shall be increased three (3) feet.] Far saruetares witb a daylight basem:ar, the ainis�ns side and shall be ten (10) feet and for structures two or more full stories n t, t s r "bs eet. or toe purposes ort s"t. a . a y g basement-s mean a structure e t ground floor s or more ova grade and a structure re t groan our is ems taaa�0 Inelms ow gra as set out e s considered a 1 story. �=F.seept that for each storyover two'storles each side and rear and 14 _eet or each side yard and i feet, for the rear Yard. 11 L r Ei ....;$ . , - N EL f <' 14.20.240 Mobile Homee: (a) No mobile homes may be Installed for use in the City of Kenai for publiag commercial, or ameembly purposes after the effective date of this ordinance. (b Mobile homes for residential use may be established 221Y.113 mobile home tr Parks es permitted in the Land Use Table. e) MObAlS homes which were installed prior to the errs affective date of this ordinance in conformance with applicable building code regulations in areas where now prohibited and used for residential purposes may have such use continued •.. ^' indefinitelyp except that such trailers shall not be replaced if destroyed or removed • (d) Mobile homes utilized on bona fide construction sites for offices, stor89e9 or other such ° purposes may be so used anywhere within the City limits on the construction job the serve, but shall be removed immediately upon completion of said construction. V • � di i r •.. :.... it :. .. = - - `� 14.20.050 Ncneonformina Lots, Structures, b Uses: (g) 'GeneralProvieione. a (1) Signs and Display Devices. A nonconforming use of s co. structure, nonconforming use of land, or a nonconforming use Of s structure and land, shell not be extended or enlarged after paeeage of this ordinance by attachment of additional signs to building, _ ti a or the placement of additional signs or display devices on the land outside of the building, or by ". the addition of other uses, if such additions are of s nature which would be prohibited generally in the L zone Involved except that this provisions shall not be deemed to prohibit the replacement of one sign with size. another of like .. (2) Construction Begun Prior to Pa6809e of the Ordinance Codified Herein. To :......•... : . „ avoid undue hardship, nothing in this chapter shall be doomed -to require a change in the plans, construction, or designated use of any building on which actual construction woe lawfully begun prior to the �. • effective date of adoption or amendment of this ordinance ., and upon which actual building construction has been dill entl carried on. 9 y Actual construction is hereby j..y :t= defined to include the placing of construction materials in ; permanent position and fastened in a permanent manner, and t.• demolition, elimination, and removal of an existing structure in connection with such construction, provided that actual construction work shall be diligently carried :a on until the completion of the building involved. (0) CONDITIONAL 4 USES. ANY USE FOR WHICH A CONDITIONAL USE PERMIT IS GRANTED SHALL NOT BE DEEMED A NONCONFORMING USE, BUT SHALL WITHOUT FURTHER ACTION BE DEEMED A CONFORMING USE IN SUCH ZONE.] .(3) Repairs and Maintenance. On any nonconforming structure or on any building devoted in whole or in psrt•! arty. npncaPfarming use, work -may be done 'in any period eansecyhive• monthp, do ordinaryy repairs,' or on r*paiv or • replacement .of nonbpsring wall►, •fixturee, wiring, ar �.• - plu bing,• tb on'•extent •pot., exceeding 10% of the current replacement value of•the buildin , provided that the cubiesl content of the building as it existed at the time of passage �-r f n< - -- --- or amendment of this ordinance shall not be increased. - ef.W 4- % v r� L L 14.20*150 Conditional Usese (a) Procedure. (1) An•applieation••for a conditional use permit shall be filed, in. writing- with- the. administrative' official and verified by the owner of the property concerned. a , _ .[i ] ' A plIc•stion shall contain the following data with - respect to the property' and the applicant: (a). Legal description of the property involved= (b) Plans showing the -location of all existing and proposed buildings or alterations. elevations of such buildings or alterationep and euch.dats as 41. ... may -be -required. , ... , .. ... n s (2) The public -hearing and notification procedure for a 7771 - = - conditional use permit application shall be accomplished in• accordance with the requirements of this chapter. (3) An approved condit-ional use permit shall' lapse 12 'v months from the date of approval if (NO CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED BY THE BUILDING OFFICIAL] the as' non -conforming use for which the conditional use ermi'f was aonroved has not been implemented. Me commission may grant a time extension not to exceed six months upon • finding that' eircum4taneeo has not changed sufficiently since the date of initial permit approval. A request -for ; - y extension must be submitted prior to expiration of the permit. A public hearing shall not be required as a �.. - condition to granting the extension. F 14.20*180 Variance Permits - (a) Perini! 1xpirakfan jn ;Extension&..An•approved variance permit shell lapse•12 months teem the date of approval if [NO CERTIFICATE Of OCCUPAN;Y HAS BEEN ISSUED BY THE BUILDING OfFICIAL],the variance for which the permit wes issued has not been im lemen— a d. a Commission may grant a time extension not to exceed six months upon a finding that-aireumatences have not changed aufticiencly since the date of initial permit approval. A request For extension must be submitted prior to the ; expiration of the permit. -A-public hearing shall not be required as a condition to granting the extension. ssS7. r ai :­ 77- 4`7 A r7 4. zoom` LAND USE TABLE Page 3 ZONING of RICTS USES C RR RR-1 RS RS-1 RS-2 RU -cc CC IL Ill.9 1 MISCELLANEOUS (continund)i rarning/Cardening/ General Agriculturi p p p Greenhouses/Tree Nursery13 C C Large Assemblages (e.g. Circuses, fairs, etc) C C C tic C Lodges/fraternal Organizations p Parking, OE" -Street P P P p p Parking, Public Lots12 =C•C Private Clubs -P p Radio/TV fransmItters I .P P P Social Halle Subsurface Extraction oF Natural RescurcesIf C C C C C C C r C. C C Surface Extraction of _LC J. Natural Resources17 C I C C C C C C Union Halls It I ) a MOM ADDITIONAL REOUIREMENTSt as Minimum Yarde: -- =• (A. YARDS WHERE COMMERCIAL AND INDUSTRIAL ZONES ABUT RESIDENTIAL ZONES. WHERE A CC, CC, IL OR ILL ZONE •• :::; `:',;r-- , - ABUTS A RESIDENTIAL ZONE, IT MUST BE SEPARATED BY AN n ALLEY.] '. • Cr? i` (B]. Yards for Corner Lots. The minimum side yard bn the street side of a corner lot shall be the some ae'ths ;- minimum front yard required for that zone. ESTREET SETBACKSs SETBACKS FROM CITY AND STATE ROADS. MINIMUM _ .YARDS 'RED BY THIS CHAPTER SHALL BE IN ADDITION TO THE FOLLOWING SETBACKS FROM THE CENTERLINE OF CITY AND STATE ROADS. THESE SETBACKS SHALL BE REQUIRED IN ALL ZONES. A. MINIMUM SETBACKS FROM THE CENTERLINE OF CITY STREETS -:' ---= Be MINIMUM SETBACKS FROM THE CENTERLINE OF A PRIMARY FEDERAL -AID HIGHWAY - 150 FEET "• :j C. MINIMUM SETBACKS FROM THE CENTERLINE OF A SECONDARY FEDERAL -AID HIGHWAY - 100 FEET.] = :R Maximum Hai, ht�es Height Limitation of Structures Near Airport. All s rUctures in aircraft approach zones and within 8 000 feet of the mein runway shall be subject to height limitation on the basis of obstruction criteria as shown one - a map entitled "Obstruction Criteria." on file with the - ---; .,. (CITY CLERK] airport menacer. _ c ' �y. ''.A U ...... • .A� _ _ trrY •• "1 I f '1 CITY OF KENAI IIOilOALAO KiNAbALLASKA am ; �.-.. TESPMORSSss-Me :.... .... MEMORANDUM TOs Kenai City Council FROMI Janet Loper, Planning Specialist SUB3ECTs Ordinance 1155-86 DATE: August 15, 1986 t` " At the last Council meeting, on behalf of the Planning Commission 1 requse ted this ordinance be amended to exclude portions of Exhibit 8 pending further research. At the meeting of the Planning Commission on August 13thp the Commission .< wade specific recommendation to Exhibit B booed on the attached copy of Public Lend Order 0601. A copy of the portion of the minutes pertaining to this item are attached and outlined. Briefly, Public Land Order 0601 sate out 150' for a NOW along the Spur '"' 'Mi ay from the junction to mile poet 14. PLO 01613 adds 100' width from •-ry ' silo -poet.14 to 38. To date nearly. III vacations have occurred between the ;juhcbion -and mile poet 14. r ; All -other portions of this. ordinancd -remain the some. 4 V' •4'-.4.-t. .y ' 1. _ ^I - i'tT-"' .G ._• r. .r- .. -+rye:. w PLANNING 6 ZONING COMMISSION August 13,, 1986 Page 8 b. Ordinance 1155-86 + At the last meeting the Commission discussed removing two item from the ordinance= one dealing with setbacks end one dealing with buffers In adjacent lend uses. The setbacks address the Public Land Order which sets out ROWs. The Commission and Councilman Mies discussed the attached PLO 601. Councilman Wise suggested requiring a written waiver from the State of Alaska waiving the PLO as it affects the City°prior to platting. Since the State and Borough did not do the research on the PLO as a result the plat i,41cateo a NOW of 100, when actually the plat is legally incorrect because the federal goverment had a reservation for 150, from the centerline. What the City had been • doing is granting variances pertaining to that and it should have been looked into sooner. Commissioner Bryson stated that unfortunately something like this shifts the responsibility to the City to enforce m rather than to the federal government. Councilman Wise corrected that to state rather then federal. When we had setbacks we were enforcino the PLO. Concerning the buffer, it was mentioned during the hearing for the rezoning for Mr. Schilling as an example of a buffer between lend uses. As it stands now, an alley is too restrictive, however, the Landscaping Review Board feels eliminating it would be too open. Commissioner Bryson asked if it would be appropriate to state somewhere that variances from these requirements shall be granted only upon authorization being received from appropriate state agencies. ft '-7 i 1 MOTION: Commissioner Bryson moved to recommend approval of 1155-06 as submitted with the exception: -that Exhibit B, Street Seth.make be omitted..from the proposed ehanges.,and adding a sentence indicating ` arAthat variances from these requirements ohadl.be-granted provided no : objection .is.,made by State of Alaska, .'Kept. Of. -Public facility in • regards to -PLIO.601,, dated August ti-1949v seconded by Commissioner Smalley. VOTE: Motion passed unanimously - :- -- 9. REPORTS a, at City Cauncil The Council heard Mr. Kevin Fenner of the Borough and decided to hold a public hearing on the Comprehensive Plan in October when the new Council is on board. Councilman Wise stated he is still confused as to why tho Plan was not approved except perhaps for the �- costs. printing „, URI_ .il A'A t w • IwtaM rand Greer all AtAaNA • .I - d � • � awatlNO o0RtO rA11p eaa IItONMIAf � - ;. .::. z • eotteafee of VWW of end euthom vaned h1 the • � Oad NO. �1i of Avell at iN�7. It Y t - ordered a follower . eeads M to .vie public10 (a sof he no of the Abtka Bead Commission In gene • Demon with the Construction, operauata ' ► bib end meft"naaa of the fAltnet•Mehe a spdfou !l1�hwat law known as the oMRA • kftn WAYl. b hereby revoked. UubUO taltd Order ma, m Of ,may tfa 1N7. b Maby taeOkM eO hr y It meta ' . 10 the withdrawal. for Now" befee tlQefa tdl ewe ItlAwdee MOM eu wit•�" i = - • fWroalrr e NetvofNt1 Ai 1wda >teOeO er wedw NOta/, wwltaes Nr eli _ fell bM >f0O • feet ot1 eaph Olds of the Ceara Use of Ot W t MttmwlwwNtNRO/reMetl� IMM rclgegt to ft taO6 (e1raM/ hr - ' • .. a the Ahtska ltlehtry ttmaietIf rite Cana* dMn AWken lNltlters Hlthweyl ere Celt. 4rueeed rtQtn tit. eYttkeR Tmr• Cali rerwtleae metv amwNr1y eetMelarara 4 N. Ihls order W W :. • tmy bounden to its fllftgt1011 whit who } ltleharotea H1tAwny aeae w DN1N. at UIM a. st► M tM ri� et tWs Mew MOM �4b1 A am such fokwd kedge all st gum we1��rey�. doL M van - � IJ' ddo of land toe weft wedte�. t0O feet on each dde of the center Une Of the some mium, be some M sterieNwt oulkona•6lanoTak Mae aeonOtltltted • from Tait Junction at about WAR titlduthchomaleedawls"aw oos• get N eta tb UN. dt frr LAW ty C04L a11^' - the Alatke Hlahwey to the (mwaon ed{b k� a Highway Rat oWkaoaa a "in end su tsesu ai a anb M�I Idld vetOtsM � fttaftds{ltsttia ; — " Aln%Ufa 6ub1CO tO vsUd 011bRng rlthb slid t1qet • eluting tulwy. mm ew. ••• aoaa etltlthd co pfetCletta tlndlt the act t tl ftpemNy iR tN1. it first. as - and w"draw sh fowl Quiet then htahtay purpemel. the WIbUp aNteadtd q V. C, f6 go-olle dm* � rtttt a. a to the t) h a: bndO In Alaska lying within 3" tea on • ` ' each Olds Of the eentst lifts of the Aft" aftq the data of tht11 wlldaa agy st . . Highway. pa teat on each side of the �� - center One of all other through readi, too- . •filet on each side of the center Ilse of and saw tam of apptwlPrtagoa by as vtfi1M'' ' all reader Men. And 60 fat oh oath elde "Wouy to a0eatderw ylth tM appro. �a laws and Kglsta�6" t; - ,• of file center tine of all toed Made. in AegOrdne hitlb he following * ohd inn almif ,p! " ores S. cniwmv, • ItNQet seatta/y o! Nta.lMerreq = •, print Of-SPOPPrlAtlonunder the public. ' law& Including the mining and nine ANfA/0.ltf0. = z _ '-.: r ��•1 wO. and taetvtd (a boo It: t< OM A awtg. Ib N• . �- ti1a ` ,> Nov" man Am" N eft"IF. N1thArd" Nleartfa "ne MItAeAr, Haines Nllhum. T" Nt• - - yerata mean aM// Nhwhtaay. Saint ill/hum. UdUnlq _ - - --- • h.a Rose. Ae.t ee.e�w1//•hWlta card. Wd Nt•tA. � �;.�, - _ fen Tok gr11e geed. 4eb1 teaf•eeelman heed. more imm new. Nail "W-1.1ftat RMd, ranMvt/•tb'tee s3a Reed. Antherrw arose ten.m bra, "fie r'a Nei pe/tAp no..b :M. } •' •• . •Olio •i .• •Y 't. +•11tt ., •e •i••"'w •. •�H •tM ./ice ter' . • e . • •.