HomeMy WebLinkAboutORDINANCE 0925-1984Suggestct5 by: Muu.JJlitit I-ai Jugs
CITY OF KENAI
ORDINANCE NO. 925-84
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
ESTABLISHING A NEW SECTION WITHIN TITLE 14 JF THE KENAI MUNICIPAL
CODE ENTITLED "KENAI ZONING CODE."
WHEREAS, the Council has adopted Resolutior, 84-1 i,-, which the
Borough was requested to delegate the zoning puwer to the City of
Kenai, and
WHERFAc, .h_ gensi Advisory Plannii,g do Zoning Commission has
prepared and recommended a Kenai Zoning Code to be established ss
a new section within the Kenai Municipal Code, and
WHEREAS, the City requests that this Kenai Zoning Codi: replace
the existing Borough zurving ordinance for the rit y of Kenai
effective July 1, 1984.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, as follows:
Section 1: The Kenai Municipal Code is hereby amended to
add a new Chapter 14.20 entitled "Kenai Zoning Code" as exhibited
as Attachment "A".
Section 2: That said Chapter shall not recognize or
authorize any land use or Activity not currently permitted undee
Kenai Peninsula Borount! rode of nrdinances, rhapter 21.76.
Section 3: KMC 14.20 shall become effective July 1, 1984,
or as aoon thWreafter upon delegation of the zoning power by the
Borough Assembly.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day
of April, 1984.
WAGONE-MAYQV
ATiESTs -9
aftowlla ;?I -A ,&
et Whelan, City lerk
First Reading: April 4, 1984
Second Reading: April 18, 1984
Effective Date:July 1, 1984
Chapter 14.20
KENAI ZONING CODE
Sections:
14.20.010 Title.
14.20.020 Application of regulations.
14.20.030 Establishment of zones and official map.
14.20.040 Rules for interpretation.
14.20.050 Nonconforming lots, structures, and uses.
14.20.060 Zoning of annexed lands.
14.20.070 Conservation zone (C zone).
14.20.080 Rural residential zone (RR zone).
14.20.090 Suburban residential zone (RS zone).
14.20.100 Urban residential zone (RU zone).
14.20.110 Central commercial zone (CC zone).
14.20.120 General commercial zone (CG zone).
14.20.130 Light industrial zone (IL zone).
14.20.140 Heavy industrial zone (IH zone).
14.20.150 Conditional uses.
14.20.151 Application for conditional use permit for
surface extraction of natural resources.
14.20.152 Review of application.
14.20.153 Public hearing.
14.20.154 Issuance of permit.
14.20.155 Operation.
14.20.156 Yearly review.
14.20.157 Termination.
14.20.158 Amendment or transfer.
14.20.160 Townhouses.
14.20.170 Planned unit residential development.
14.20.180 Variance permits.
14.20.190 Principal structures.
14.20.200 Accessory structures.
14.20.210 Sight obstruction on corner lots.
14.20.220 Signs and advertising devices.
14.20.230 Home occupations.
14.20.240 Mobile homes.
14.20.250 Off-street parking and loading requirements.
14.20.260 Administration, enforcement, and penalties.
14.20.270 Amendment procedures.
14.20.260 Public hearings and notifications.
14.20.290 Appeals - board of adjustment.
14.20.300 Appeal to superior court.
14.20.310 Severability.
14.20.320 Definitions.
Land use table.
Development requirement table.
14-15
(City of Kenai
Supp. #29 - 7/20/84)
14.20.010-14.20.020
14.20.010 Title: This chapter shall be cited as the "Kenai
Zoning Code." The provisions of this chapter are applicable
within the City limits of the City of Kenai. (Ord 925)
14.20.020 Application of Regulations: (a) The regulations
set by this chapter within each zone stall be minimum regulations
and shall apply uniformly to each class or kind of structure or
land, except as hereinafter provided:
(1) No building or land shall hereafter be used or occupied
and no building or part thereof shall be erected, moved, or
altered unless in conformity with the regulations specified
in this chapter for the zone in which it is located.
(2) No structure shall hereafter be erected or altered:
[i] to exceed the height;
[ii] to accommodate or house a greater number of
families;
[iii] to occupy a greater percentage of lot area; or
[iv] to have a narrower or smaller rear yard, front
yard, or side yard than is specified herein for the
zone in which such building is located.
(3) No yard or other open space provided about any building
for the purpose of complying with the provisions of
this chapter shall be considered as providing a yard or
open space for any other building, and no yard or open
space on one lot shall be considered as providing a
yard or open space on any other lot.
(4) No yard or lot existing at the time of passage of the
ordinance shall be reduced in size or area below the
minimum requirements set forth herein. Yards or lots
created after the effective date of this ordinance
shall meet at least the minimum requirements es-
tablished by this chapter.
(5) Every building hereafter erected shall be located on a
lot as herein defined. If it is located on two or more
legally subdivided lots, the building may straddle an
interior lot line. However, all other regulations
shall apply as though the parcel of lots concerned were
a single lot.
(6) Whenever there is a conflict between this chapter and
other ordinances pertaining to the regulation of
property within the City, the most restrictive
regulation shall apply. (Ord 925)
14-16
(City of Kenai
Supp. #29 - 7/20/84)
14.20.030-14.20.040
14.20.030 Establishment of Zones and Official Map:
(a) Adoption of Zones and Zoning Map. The City of Kenai is
hereby divided into the following zones:
Conservation
C
zone
Rural Residential
RR
zone
Suburban Residential
RS
zone
Urban Residential
RU
zone
Central Commercial
CC
zone
General Commercial
CG
zone
Light Industrial
IL
zone
Heavy Industrial
IH
zone
These zones shall be bounded and defined as shown on the official
zoning map, which shall be kept on file at Kenai City Hall. This
official zoning map, together with all explanatory matter
thereon, as exhibited at the time of public hearing, is hereby
adopted by reference and declared to be a part of this chapter.
(b) Adoption of Regulations. Regulations applying to each
zone as set forth in this chapter and are hereby adopted.
(c) Official Zoning Map. The official zoning map, located
in the Kenai City Hall, shall be the final authority as to the
current zoning status of land and water areas, buildings, and
other structures in the City.
(d) Map Changes. No changes of any nature shall be made in
the official zoning map or matter shown thereon except in
conformity with the procedures set forth in this chapter. Any
unauthorized change of whatever kind by any person or persons
shall be considered a violation of this chapter and punishable as
provided by this chapter. (Ord 925)
14.20.040 Rules for Interpretation: (a) Rules for Inter-
pretation of Zone Boundaries. Where uncertainty exists as to the
boundaries of zones as shown on the official zoning map, the
Following rules shall apply:
(1) Boundaries indicated as approximately following the
center lines of the streets, highways, or alleys shall be
construed to follow such lines;
(2) Boundaries indicated as approximately following platted
lot lines shall be construed as following such lot lines;
(3) Boundaries indicated as approximately following City
limits or section lines shall be construed as following City
limits or section lines;
(4) Boundaries indicated as following shore lines shall be
construed to follow such shore lines. Boundaries indicated
as approximately following the center lines of streams,
rivers, canals, lakes, or other bodies of water shall be
construed to follow such center lines;
14-17
(City of Kenai
Supp. #29 - 7/20/84)
14.20.040-14.20.050
(5) Boundaries indicated as parallel to or extensions of
features indicated in subsections 1 through 4 shall be so
construed. Distances not specifically indicated on the
official zoning map shall be determined by the scale of the
map;
(6) The zoning regulations shall apply equally to private
and public property;
(7) Property which has not been specifically included
within a zone shall be classified as Rural Residential until
such classification is changed by amendment to the zoning
ordinance as provided by this chapter;
(8) Where physical or cultural features existing on the
ground are at variance with those shown on the official
zoning map, or in other questions of map interpretation not
covered by subsections 1 through 7, the Board of Adjustment
shall interpret the zone boundaries.
(b) Rules for Interpretation of Permitted Uses.
(1) The express enumeration and authorization of a partic-
ular class of building, structure, premise, or use in a designated
zone shall be deemed a prohibition of such building, structure
premise, or use in all other zones unless otherwise specified.
(2) In cases of reasonable doubt as to whether a use is
permitted in a specific zone, the guidelines established in the
conditional uses section shall apply.
(3) The zoning regulations shall apply equally to private
and public property. (Ord 925)
14.20.050 Nonconforming Lots, Structures, & Uses:
(a) Explanation. When a lot, structure, or use legally
exists prior to the adoption of this ordinance but does not meet
the requirements of this chapter, it shall be permitted to
continue within the limits set forth in this section. Under such
circumstances it is said to have "non -conforming" status. There
are three types of nonconforming status:
(1) Nonconforming Lots. The lot, width, or acreage is
smaller than the minimum permitted in the zone in which it
is located;
(2) Nonconforming Structures. The structure is designed to
accommodate a nonconforming use or fails to meet yard,
coverage, height, or other development requirements es-
tablished for the zone in which it is located;
(3) Nonconforming Uses of Land and/or Structures. The use
to which land and/or structures is being put is not a
principal, accessory, or conditional use permitted in the
zone in which it is located, and is not otherwise permitted
in this chapter.
(b) Intent. There are lots, structures, and uses which
exist and were lawful prior to the adoption of this ordinance
which would be prohibited under the terms of this chapter or
future amendments. It is the intent of this chapter to permit
14-18
(City of Kenai
Supp. #29 - 7/20/B4)
14.20.050
these nonconformities to continue until they are removed. Such
uses are declared by this chapter to be incompatible with
permitted uses in the zones involved. It is further the intent
of this chapter that nonconformities shall not be enlarged upon,
expanded, nor extended, nor be used as grounds for adding other
structures or uses prohibited elsewhere in the same zone.
(c) Nonconforming Lots of Record. In any zone in which
single-family dwellings are permitted, notwithstanding limita-
tions imposed by other provisions of this chapter, a single-
family dwelling and accessory buildings may be erected on any
single lot of record at the effective date of adoption or
amendment of this ordinance. Such lot must be in separate
ownership and not of continuous frontage with other lots in the
same ownership. This provision shall apply even though such lot
fails to meet the requirements for area or width, or both, if the
lot conforms to the regulation for the zone in which such lot is
located. Exception to development requirements shall be obtained
only through the variance procedures established in this chapter.
If two or more lots or combinations of lots and portions of lots
with continuous frontage in single ownership are of record at the
time of passage or amendment of this ordinance chapter, and if
all or part of the lots do not meet requirements for lot width
and area as established by this chapter, the lands involved shall
be considered to be an undivided parcel for the purposes of this
chapter, and no portion of said parcel shall be used or sold
which does not meet lot width and area requirements established
by this chapter, nor shall any division of the parcel be made
which leaves remaining any lot with width or area below the
requirements stated in this chapter, except to allow the addition
to abutting land to make a standard lot, providing such sale does
not thereby create a substandard remaining lot.
(d) Nonconforming Structures. Where a lawful structure
exists at the effective date of adoption or amendment of this
ordinance that could not be built under the terms of this chapter
by reason of restrictions on area, lot coverage, height, yards,
or other characteristics of the structure or its location on the
lot, such structure may be continued so long as it remains
otherwise lawful, subject to the following provisions:
(1) No such structure may be enlarged or altered in a way
which increases its nonconformity;
(2) Should such structure be destroyed by any means to an
extent of more than 50% of its replacement cost at time of
destruction, it shall not be reconstructed except in
conformity with the provisions of this chapter;
(3) Should such structure be moved for any reason for any
distance whatever, it shall thereafter conform to the
regulations for the zone in which it is located after it is
moved.
14-19
(City of Kenai
Supp. #29 - 7/20/84)
14.20.050
(a) Nonconforming Uses of Structures. If a lawful use of a
structure, or of structure and premises in combination, exists at
the effective date of adoption or amendment of this ordinance,
said use may be continued so long as it remains otherwise lawful,
subject to the following provisions:
(1) No existing structures devoted to a use not permitted
by this chapter in the zone in which it is located shall be
enlarged, constructed, reconstructured, moved, or struc-
turally altered except in changing the use of the structure
to a use permitted in the zone in which it is located;
(2) Any nonconforming use may be extended throughout any
part of a building which was arranged or designed for such
use at the time of adoption or amendment of this ordinance,
but no such use shall be extended to occupy any land outside
such building where such land was not so used at the
effective date of adoption of this section;
(3) If no structural alterations are made, any non-
conforming use of a structure, or structure and premises,
may be changed to another nonconforming use provided that
the Commission shall find that the proposed use is equally
appropriate or more appropriate to the zone than the
existing nonconforming use. In permitting such change, the
Commission may require appropriate conditions and safe-
guards in accord with the provisions of this chapter;
(4) Any structure, or structure and land in combination, in
or on which a nonconforming use is superseded by a permitted
use, shall thereafter conform to the regulations for the
zone in which such structure is located, and the non-
conforming use may not thereafter be resumed;
(5) When a nonconforming use of a structure, or structure
and premises in combination, is discontinued or abandoned
for 12 consecutive months or for 18 months during any three
year period, the structure, or structure and premises in
combination, shall not thereafter be used except in con-
formance with the regulations of the zone in which it is
located;
(6) Where nonconforming use status applies to a structure
and premises in combination, removal, or destruction of the
structure shall eliminate the nonconforming status of the
land.
(f) Nonconforming Uses of Land. Where, at the effective
date of adoption or amendment of this ordinance, lawful use of
land exists that is made no longer permissible under the terms of
the ordinance as enacted or amended, such use may be continued,
so long as it remains otherwise lawful, subject to the following
provisions:
(1) No such nonconforming use shall be enlarged or increased,
nor extended to occupy a greater area nf land than was
occupied at the effective date of adoption or amendment of
this ordinance;
(City of Kenai
Supp. #29 - 7/20/84)
14.20.050
(2) No such nonconforming use shall be moved in whole or in
part to any other portion of the lot or parcel occupied by
such use at the effective date of adoption or amendment of
this ordinance;
(3) If any such nonconforming use of land ceases for any
reason for a period of more than 365 days, any subsequent
use of such land shall conform to the regulations specified
by this chapter for the district in which such land is
located.
(g) General Provisions.
(1) Signs and Display Devices. A nonconforming use of a
structure, nonconforming use of land, or a nonconforming use
of a structure and land, shall not be extended or enlarged
after passage of this ordinance by attachment of additional
signs to a building, 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 a
nature which would be prohibited generally in the zone
involved except that this provision shall not be deemed to
prohibit the replacement of one sign with another of like
size.
(2) Construction Begun Prior to Passage of the Ordinance
Codified Herein. To avoid undue hardship, nothing in this
chapter shall be deemed to require a change in the plans,
construction, or designated use of any building on which
actual construction was lawfully begun prior to the ef-
fective date of adoption or amendment of this ordinance and
upon which actual building construction has been diligently
carried on. Actual construction is hereby defined to
include the placing of construction materials in permanent
position and fastened in a permanent manner, and demolition,
elimination, and removal of an existing structure in
connection with such construction, provided that actual
construction work shall be diligently carried on until the
completion of the building involved.
(3) Conditional 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.
(4) Repairs and Maintenance. On any nonconforming structure
or on any building devoted in whole or in part to any
nonconforming use, work may be done in any period of 12
consecutive months an ordinary repairs, or on repair or
replacement of nonbearing walls, fixtures, wiring, or
plumbing, to an extent not exceeding 1006 of the current
replacement value of the building, provided that the cubical
content of the building as it existed at the time of passage
or amendment of this ordinance shall not be increased.
14-21
(City of Kenai
Supp. #29 - 7/20/84)
14.20.050-14.20.080
(h) Exception to this Section --Outside Storage of Junk.
Notwithstanding the provisions of this section, no junked vehicle
or junk shall be stored outside and no unenclosed junk or
wrecking yard shall be maintained in a location which is visible
from a city or state road in any zone. However, the Commission
may grant a conditional use permit under the procedure specified
in this chapter allowing said use to continue for a specified
period of time if:
(1) An eight foot high sight -obscuring fence of good
appearance has been provided around said use. (Ord 925)
14.20.060 Zoning of Annexed Lands: All lands which may
hereafter be annexed to the City is zoned Rural Residential until
otherwise designated. (Ord 925)
14.20.070 Conservation Zone (C Zone): (a) Intent. The C
Zone is intended to apply to areas which should be preserved
primarily as open areas and as watersheds and wildlife reserves.
Airport and related uses have been included in this zone to allow
for the reservation of aircraft approach zones. It is intended
that this zone shall apply mainly to publicly owned land.
(b) Principal Permitted Uses: As allowed in Land Use
Table.
(c) Conditional Uses: As allowed in Land Use Table and
subject to the provisions of this chapter.
(d) Accessory Uses: As defined (see Definition section).
(e) Home Occupations: Uses as allowed by this chapter.
(f) Development Requirements: As described in Development
Requirements Table.
(g) Parking Requirements: As required by this chapter.
(Ord 925)
14.20.080 Rural Residential Zone (RR Zone): (a) Intent.
The RR Zone is intended to provide for low density residential
development in outlying and rural areas in a form which creates a
stable and attractive residential environment. The specific
intent in establishing this zone is:
(1) To separate residential structures to an extent which
will:
[i] preserve the rural, open quality of the environ-
ment}
[ii] prevent health hazards in areas not served by
public water and sewer.
(2) To prohibit uses which would:
[i] violate the residential character of the environ-
ment;
[ii] generate heavy traffic in predominantly
residential areas.
(b) Principal Permitted Uses: As allowed in Land Use
Table.
14-22
(City of Kenai
Supp. #29 - 7/20/84)
14.20.080-14.20.100
(c) Conditional Uses: As allowed in Land Use Table and
subject to the provisions of this chapter.
(d) Accessory Uses: As defined (see Definitions).
(a) Home Occupations: Uses as allowed by this chapter.
(f) Development Requirements: As described in Development
Requirements Table.
(g) Parking Requirements: As required by this chapter.
(Ord 925)
14.20.090 Suburban Residential Zone (RS Zone):
(a) Intent. The RS Zone is intended to provide for medium
density residential development in areas which will be provided
with common utility systems. The specific intent in establishing
this zone is:
(1) to separate residential structures to an extent which
will allow for adequate light, air, and privacy;
(2) to prohibit uses which would:
[i] violate the residential character of the environ-
ment;
[ii] generate heavy traffic in predominantly
residential areas.
(b) Principal Permitted Uses: As allowed in Land Use
Table.
(c) Conditional Uses: As allowed in Land Use Table and
subject to the provisions of this chapter.
(d) Accessory Uses: As defined (see Definitions).
(a) Home Occupations: Uses as allowed by this chapter.
(f) Development Requirements: As described in Development
Requirements Table.
(g) Parking Requirements: As required by this chapter.
(Ord 925)
14.20.100 Urban Residential Zone (RU Zone):
(a) Intent. The RU Zone is intended to provide for
apartments and compatible uses in areas near centers of shopping,
services, and employment where high density residential develop-
ment is desirable.
(b) Principal Permitted Uses: As allowed in Land Use
Table.
(c) Conditional Uses: As allowed in Land Use Table and
subject to the provisions of this chapter.
(d) Accessory Uses: As defined (see Definitions).
(a) Home Occupations: Uses as allowed by this chapter.
(f) Development Requirements: As described in Development
Requirements Table.
(g) Parking Requirements: As required by this chapter.
(Ord 925)
14-23
(City of Kenai
Supp. #29 - 7/20/84)
14.20.110-14.20.120
14.20.110 Central Commercial Zone (CC Zone):
(a) Intent. The CC Zone is established to provide for an
area of concentrated commercial development. Regulations
applying to this zone are designed to encourage a compact group
of business of the type which are mutually beneficial and located
close enough together to encourage walk-in trade.
(b) Principal Permitted Uses: As allowed in Land Use
Table.
(c) Conditional Uses: As allowed in Land Use Table and
subject to the provisions of this chapter.
(d) Accessory Uses: As defined (see Definitions).
(a) Home Occupations: Uses as allowed by this chapter.
(f) Development Requirements:
( 1 ) No stores or businesses shall involve any kind of
manufacture compounding, processing, or treatment of
products where such operations are objectionable due to
odor, dust, smoke, noise, vibrations, or other similar
nuisances.
(2) Open storage. No open storage shall be located closer
than 25 feet to the adjoining right-of-way of any collector
street or main thoroughfare. Any open storage visible from
a collector street shall be enclosed with an eight foot high
fence of good appearance acceptable to the Commission.
(3) Lot and yard requirements (see Development Requirements
Table - Additional Requirements Section).
(4) Off-street parking and loading requirements shall be
required in this chapter.
(g) Parking Requirements: As required by this chapter.
(Ord 925)
14.20.120 General Commercial Zone (CG Zone):
(a) Intent. The CG Zone is established to provide f.or
areas where a broad range of retail, wholesale, and service
establishments is desirable. Uses are regulated to concentrate
commercial development to the greatest extent possible and to
prevent any uses which would have an adverse effect upon nearby
properties. New single and two-family residential uses and other
noncommercial uses, except as otherwise provided in this chapter,
are not permitted in this zone as principal uses because it is
intended that land classified in this zone be reserved for
commercial purposes, and because a commercial zone is not suited
to the uses excluded above.
(b) Principal Permitted Uses: As allowed in Land Use
Table.
(c) Conditional Uses: As allowed in Land Use Table and
subject to the provisions of this chapter.
(d) Accessory Uses: As defined (see Definitions).
(a) Home Occupations: Uses as allowed by this chapter.
14-24
(City of Kenai
Supp. #29 - 7/20/84)
14.20.120-14.20.140
(f) Development Requirements: (See "Off Street Parking and
Loading Requirements" section.)
(g) Parking Requirements: As required by this chapter.
(Ord 925)
14.20.130 Light Industrial Zone (IL Zone):
(a) Intent. The IL Zone is designed to provide for the
development of industrial and commercial uses which are mutually
compatible and which are of a type which has no nuisance effects
upon surrounding property, or which may be controlled to prevent
any nuisance effects upon surrounding property. New residential
uses and other non -industrial uses, except as otherwise provided
in this chapter, are not permitted in this zone as principal uses
because it is intended that land classified in this zone be
reserved for industrial and commercial purposes, and because the
IL zone is not suited to the excluded uses.
(b) Principal Permitted Uses: As allowed in Land Use
Table.
(c) Conditional Uses: As allowed in Land Use Table and
subject to the provisions of this chapter.
(d) Accessory Uses: As defined (see Definitions).
(e) Home Occupations: Uses as allowed by this chapter.
(f) Development Requirements:
(1) No use shall be conducted in a manner which is noxious
or injurious to nearby properties by reason of the production
or emission of dust, smoke, refuse matter, odor, gas fumes,
noise, vibration, or similar substances or conditions,
provided that the restriction against noise shall not apply
to uses located within 2,000 feet of the airfield landing
strip;
(2) Open Storage. No open storage shall be located closer
than 25 feet to the adjoining right-of-way of any collector
street or main thoroughfare. Any open storage visible from
a collector street or main thoroughfare shall be enclosed
with an eight foot high fence of good appearance acceptable
to the Commission;
(3) Residential Buffer. Wherever an industrial zone abuts
or is separated by an alley from a residential zone, the use
or building in the IL zone shall be screened by a sight -
obscuring fence or hedge;
(4) Additional Requirements in Development Requirements
Table.
(g) Parking Requirements: As required by this chapter.
(Ord 925)
14.20.140 Heavy Industrial Zone (IH Zone):
(a) Intent. The IH Zone is established to allow for a
broad range of industrial and commercial uses. It is intended to
apply to industrial areas which are sufficiently isolated from
residential and commercial areas to avoid any nuisance effect.
14-25
(City of Kenai
Supp. #29 - 7/20/84)
14.20.140-14.20.150
(b) Uses Permitted. Permitted uses shall be as in the IL
zone.
(c) Conditional Uses: As allowed in Land Use Table and
subject to the provisions of this chapter.
(d) Accessory Uses: As defined (see Definitions).
(e) Home Occupations: Uses as allowed by this chapter.
(f) Development Requirements: As required in KMC
14.20.130(f)(2)(3).
(g) Parking Requirements: As required by this chapter.
(Ord 925)
14.20.150 Conditional Uses: (a) Intent. There are some
uses which may be compatible with principal uses in some zones if
certain conditions are met. The Commission shall permit this
type of use if the conditions and requirements listed in this
chapter are met. The allowed conditional uses are listed in the
Land Use Table. Before a conditional use permit may be granted,
the procedures specified in this chapter must be followed.
(b) Conditional Uses in All Zones.
(1) Uses not specifically permitted in the zone concerned
may be permitted provided that the following conditions are
met:
[i] Such uses must be similar to principal uses
permitted in the zone;
[ii] Such uses must by in harmony with the intent of
the zone.
(2) Development and extraction of natural resources which
can be mined underground without substantially dis-
turbing the surface of the land may be permitted
together with the necessary buildings and apparatus,
provided that the following conditions are met:
[i] The benefits to the City in terms of economic
development must outweigh any adverse effects on
adjoining properties;
[ii] A sight -obscuring fence or uncleared buffer strip
of good appearance acceptable to the Commission shall
be provided between such uses and all adjoining
residential zones and all adjoining public rights -
of -way.
(3) Surface extraction of natural resources may be per-
mitted provided that the standards are met and the
procedures set out in this chapter are followed. The usual
procedures for conditional use permits contained in this
chapter shall not be applicable to conditional use permits
for the surface extraction of natural resources.
(c) Procedure.
(1) An application for a conditional use permit shall be
filed in writing with the administrative official and
verified by the owner of the property concerned.
14-26
(City of Kenai
Supp. #29 - 7/20/84)
14.20.150-14.20.151
[i] Application 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 alterations, and such data as
may be required.
(2) The public hearing and notification procedure for a
conditional use permit application shall be accomplished in
accordance with the requirements of this chapter. (Ord
925)
14.20.151 Application For Conditional Use Permit For
Surface Extraction of Natural Resources: a An application for
a conditional use permit to engage in the surface extraction of
natural resources shall be in writing on a form supplied by the
City of Kenai and shall be filed with the administrative official,
along with the requisite fees. All applications shall be
accompanied by the following documents and information:
(1) A site plan, drawn to scale, containing the following:
[i] Graphic (and legal) description of the proposed
area, including dimensions in feet and number of acres
or square feet;
[ii] Existing topographical contours with not less
than ten foot contour intervals;
[iii] Proposed finished topographical contours (when
extraction is completed) with not less than ten foot
contour intervals;
[iv] Existing and proposed buildings and structures on
the site;
[v] Principal access points which will be used by
trucks and equipment, including ingress and egress
Points and internal circulation, especially the haul
road from the public road to the proposed site of the
pit;
[vi] Indication of the existing landscape features,
including cleared areas, wooded areas, streams, lakes,
marsh areas, and so forth;
[vii] Location and nature of other operations, if any,
which are proposed to take place on the site.
(2) A narrative statement containing the following
information:
[i] Soil surveys with reference to the average year-
round water table throughout the entire acreage.
Piezometers may be used to determine an average water
depth;
[ii] Estimated amount of material to be removed from
the site over the entire period of operation;
14-27
(City of Kenai
Supp. #29 - 7/20/84)
14.20.151-14.20.153
[iii] Estimated length of time to complete the
operation, or, if the pit is to be operated on a
continuing basis, a statement to that effect;
[iv] Proposed hours of operation;
[v] Method of fencing or barricading the petition area
to prevent casual access;
[vi] Amount and location of natural screening provided
by trees and vegetation, if any, between the property
lines and the proposed site of the pit;
[vii] Plans, if any, to construct artificial
screening;
[viii] Description of operations or processing which
will take place on the site during and after the time
the material is extracted;
[ix] Plan or program for regrading and shaping the
land for future use;
[x] Method of backfilling and/or replacing topsoil;
[xi] Proposed future use of the land after resources
are extracted, including a proposed development plan
showing location of houses, parks, takes, etc.;
[xii] Other information which may pertain to the
particular site.
(3) Proof that the applicant has obtained or is eligible to
obtain the necessary licenses required by state or federal
agencies.
(4) Proof that the applicant is the owner of the subject
property. (Ord 925)
14.20.152 Review of Application: The administrative
official shall place the application for the conditional use
permit on the agenda of the Commission for the first meeting of
the Commission for which it is eligible, based on the date of
filing with the secretary and the applicable rules of the
Commission at that time. At that meeting the Commission shall
review the application and accompanying information and shall
determine if it meets the requirements of this chapter. If the
requirements have not been met, the Commission shall specify the
deficiencies therein and shall request that a supplement to the
application be filed. The Commission may, in its discretion,
request additional information pertinent to the particular site
to be supplied by the applicant. Such additional information
shall not be requested unless it can be obtained by the applicant
at a reasonable cost. The issue of reasonable cost may be
appealed by the applicant directly to the Board of Adjustment
before further proceedings by the Commission. (Ord 925)
14.20.153 Public Hearing: The Commission shall hold a
public hearing on the application at the first regular meeting
following the meeting at which their initial review was made, if
no additional information is requested, or if additional information
14-28
(City of Kenai
Supp, #29 - 7/20/84)
14.20.153-14.20.154
is requested, at the first meeting following a determination by
the Commission that the supplement to the application contains
the requested information. The public hearing and notification
procedure for this conditional use permit shall be accomplished
in accordance with the requirements of this chapter. In addition,
a map showing the approximate location of the proposed surface
extraction, and a statement as to the nature of the proposed
extraction operation shall be included. (Ord 925)
14.20.154 Issuance of Permit: (a) On the basis of the
application with accompanying information, any supplemental
information filed, and such information as may be presented at
the public hearing provided for in this chapter, the Commission
shall make a determination as to whether each of the following
requirements has been met:
(1) The application is in substantial compliance with the
requirements of this chapter;
(2) The boundaries of the proposed excavation at its
greatest dimensions, including back slopes, are at least 200
feet from any road or public right-of-way and at least 150
feet from other surrounding property lines;
(3) The buffer strips between the excavation site and
roadways and property lines contain sufficient natural
screening to obscure the entire excavation from sight of
roadways and inhabited areas. If there is not sufficient
natural screening, the site plan must provide for artificial
screening;
(4) The site plan provides that back slopes be a minimum of
a 2:1 slope, except for the contiguous working face;
(5) The site plan does not provide for excavation below the
water table except where a reasonable method of drainage is
available at the particular site or where the proposed
future development plan provides for a lake on the site of
the excavation;
(6) If the excavation is to be below the water table and
the site is likely to endanger the public safety, the site
plan shall provide for fencing of the work area;
(7) The proposed use of land after extraction is completed
is feasible and realistic and is a use permitted in the zone
in which the property is located;
(8) The extraction does not destroy the land for the
purposes for which it is zoned;
(9) The need for the particular natural resource within the
City of Kenai outweighs any detrimental effects the operation
may have on surrounding property owners;
(10) The applicant is the owner of the subject property.
14-29
(City of Kenai
Supp. #29 - 7/20/84)
14.20.154-14.20.157
(b) If the Commission determines that all requirements have
been met, the Commission shall direct the administrative official
to issue a conditional use permit to the applicant. The permit
shall be issued for an indefinite period and shall be subject to
the provisions of this chapter, and shall so state.
(c) The permit may be expressly conditioned by the Com-
mission upon the erection of artificial screening. If the permit
is so conditioned, the Commission shall specify the type of
screening to be erected. Such screening shall obscure the entire
extraction operation from view from any public roadway or
inhabited area and shall be compatible with the general character
of the neighborhood. No extraction of resources can take place
until the artificial screening provided for has been erected and
approved by the Commission.
(d) Appeals from decisions of the Commission under this
section shall be made in accordance with the provisions of this
chapter. (Ord 925)
14.20.155 Operation: (a) During the period of the
conditional use permit, the Permit holder shall comply with the
following provisions:
(1) The pit shall be operated substantially in accordance
with the site.plan and statements that accompanied the
application for the conditional use permit, as such may be
amended from time to time in accordance with this chapter.
(2) The permit holder shall submit a yearly report to the
administrative official within 30 days following the
anniversary of the issuance of the conditional use permit.
Such report shall show the area which has been cleared
during the previous year, the current working area and any
area which has been reclaimed or partially reclaimed, and
shall state the quantity of material which was actually
removed during the preceding work year. The report shall
also contain projections of the same information for the
next work year.
(3) No part of the extraction operation shall be visible
from public roadways or inhabited areas. (Ord 925)
14.20.156 Yearly Review: The administrative official shall
review the operations of the permit holder each year within 60
days following the anniversary of the issuance of the conditional
use permit to determine whether such permit holder is in compliance
with the provisions of this chapter. He shall compile a report
based on his review and shall submit his report, along with the
report of the permit holder as required by this chapter, to the
Commission. (Ord 925)
14.20.157 Termination: (a) If the administrative official
determines, based on his yearly review or any other investigation
undertaken by him, that the conduct of the operation is not in
14-30
(City of Kenai
Supp. #29 - 7/20/84)
14.20.157-14.20.160
compliance with the provisions of this chapter, he may revoke the
permit. He shall not revoke the permit, however, unless and
until the permit holder has been notified of the violation and
given a reasonable opportunity to correct it. In the event that
a pit is unused for a period of three years, the administrative
official may revoke the conditional use permit.
(b) Appeals from decisions of the administrative official
under this section shall be made in accordance with the provisions
of this chapter. (Ord 925)
14.20.158 Amendment or Transfer: (a) No conditional use
permit issued hereunder shall be transferred until the Proposed
transferee has made application for transfer in writing filed
with the administrative official, which application shall state
that he intends to be bound by the plan and statements contained
in the application of the permit holder or shall contain, the
amendments to the plan his proposed operation would mandate. The
Commission shall approve the application for transfer and in so
doing amend the site plan and statements if such amendments as
are contained in the application for transfer would have been
approved had they been contained in the original application.
(b) A permit holder may amend his site plan and statements
by filing an application for amendment in writing with the
administrative official. The Commission shall approve the
application for amendment if the original application would have
been approved had it contained the provisions of the application
for amendment. (Ord 925)
14.20.160 Townhouses: (a) Townhouses shall be allowed by
conditional use permit as provided by the Land Use Table.
Townhouses may be permitted provided that the following
conditions are met:
(1) The development conforms to the adopted comprehensive
plan;
(2) Public services and facilities are adequate to serve
the townhouse development;
(3) Health, safety, and welfare will not be jeopardized as
a result of the proposed development;
(4) Standards for townhouse development are satisfied as
required in this section;
(5) Any and all specific conditions deemed necessary by the
Commission to fulfill the above -mentioned conditions shall
be met by the applicant.
(b) Townhouses shall be subject to the following standards:
(1) The proposed development shall meet the applicable
processing conditions specified in the conditional use .
permit section;
(2) A detailed development plan shall be submitted
including a site plan drawn to scale. The site plan shall
include, but shall not be limited to, the topography and
14-31
(City of Kenai
Supp. #29 - 7/20/84)
14.20.160
drainage of the proposed site, the location of all buildings
and structures on the site, courts, and open space areas,
circulation patterns, ingress and egress points, parking
areas (including the total number of parking spaces
provided), and a general floor plan of the principal
buildings, together with such information as the Commission
shall require;
(3) Not more than six contiguous townhouses shall be built
in a row with the same or approximately the same front line
and not more than 12 townhouses shall be contiguous;
(4) Separation requirement: One series of townhouses shall
not be located closer than 15 feet to another series of
townhouses or any accessory structure within the townhouse
development;
(5) Minimum lot width for an individual townhouse is 24
feet;
(6) Minimum lot area for each townhouse unit shall be 2,000
square feet and subject to the following:
[i] The total building coverage shall not exceed 30%
of the lot area in the RR and RS zones and 40% of the
lot area in the RU zone;
[ii] The lot area may include a portion of the
undivided common area.
(7) Two hundred cubic feet of covered storage space shall
be provided exclusive of the living area of the unit, unless
a garage is provided as a part of the townhouse unit;
(8) The developer or subdivider of any townhouse develop-
ment including common open area, property, or amenities,
shall have evidence that compliance with the Horizontal
Property Regimes Act, AS 34.07 has been made prior to the
sale of any townhouse dwelling units, and further:
[i] The developer or subdivider of any townhouse
development shall deposit with the appropriate home-
owners association, formed in compliance with the
Horizontal Property Regimes Act cited in this section,
a contingency fund in the sum of $500 per dwelling unit
in the townhouse development;
[ii] A copy of the by-laws of the homeowners' associa-
tion showing in what manner the aforesaid contingency
fund shall be controlled shall be furnished to the City
for review and approval;
(9) All areas not devoted to buildings, drives, walks,
parking areas or other authorized installations shall be
covered with one or more of the following: lawn, grass,
natural, or ornamental shrubbery or trees, or other suitable
materials approved by the Commissiony
14-32
(City of Kenai
Supp. #29 - 7/20/84)
14.20.160-14.20.170
(10) The standards set forth in this section shall
compliment the general standards set forth in this chapter
and shall not be construed as superceding any general
standard. In the event of conflict, the stricter standard
shall control. (Ord 925)
14.20.170 Planned Unit Residential Development: (a)
Planned Unit Residential Development shall be allowed by
conditional use permit as provided by the Land Use Table.
Planned Unit Residential Developments may be permitted provided
that the following conditions are met:
(1) The development conforms to the adopted comprehensive
plan;
(2) Public services and facilities are adequate to serve
the Planned Unit Residential Development;
(3) Health, safety, and welfare will not be jeopardized as
a result of the proposed development;
(4) Standards for the Planned Unit Residential Development
are satisfied as reauired in this section;
(5) Any and all specific conditions deemed necessary by the
Commission to fulfill the above mentioned conditions shall
be met by the applicant.
(b) Planned Unit Residential Development shall be subject
to the following standards:
(1) The proposed development shall meet the applicable
conditions specified in KMC 14.20.150.
(2) A detailed development plan shall be submitted to the
Commission including a site plan drawn to scale. The site
plan shall include, but not be limited to, the topography
and drainage of the proposed site, the location of all
existing and proposed structures, desig.n.ated areas of common
open space, internal and external circulation patterns, and
location of the required parking spaces. A general floor
plan of the principal buildings, together with any requested
information, shall also be submitted to the Commission. A
development schedule shall also be submitted for the purpose
of coordinating the development and open space components of
the Planned Unit Residential Development.
(3) The minimum parcel size allowed for a Planned Unit
Residential Development shall be 2.5 acres, inclusive of any
dedicated right-of-way or public use easement which may
exist within the boundaries of the site.
(4) The maximum number of dwelling units per acre allowable
within the gross area of a Planned Unit Residential Develop-
ment shall be as follows:
14-33
(City of Kenai
Supp. #29 - 7/20/84)
14.20.170
Zoning District
Rural Residential
Suburban Residential
Urban Residential
Dwelling Units/Acre
(Gross Area)
Subject to Commission
determination
Subject to Commission
determination
(5) The allowable land use activities shall include the
following:
[i] Residential uses including single-family, duplex,
multi-plex, and townhouse dwelling units;
[ii] Any principal, secondary, or conditional uses
permitted within the zoning district in which the
Planning Unit Residential Development is to be es-
tablished.
(6) The building coverage within the Planned Unit Residential
Development shall not exceed 300 of the site area in the RR
and RS zones or 40% of the site if located in the RU zone.
(7) The following design standards shall govern the Planned
Unit Residential Development:
[i] The development requirements of the specific
zoning district, except as otherwise allowed, shall
apply to all portions of the development;
[ii] All areas not devoted to building or associated
parking areas shall be left in its natural state,
appropriately landscaped, utilized for an active or
passive recreation area, or developed for a purpose
specified in a submitted site development plan;
[iii] A minimum of 30% of the site shall be reserved
as useable open space. Any portion of this open space
may be reserved in common for the benefit of the
residents within the Planned Unit Residential
Development.
[iv] Residential and non-residential uses within the
Planned Unit Residential Development shall be separated
by a buffer strip, landscaped area, fence, or other
manner deemed appropriate by the Commission.
[v] Any use developed along the perimeter of the
Planned Unit Residential Development shall be
consistent with principal uses allowed in the abutting
zoning districts.
(8) The developer or subdivider of any Planned Unit
Residential Development including common open area,
property, or amenities, shall have evidence that
14-34
(City of Kenai
Supp. #29 - 7/20/84)
14.20.170-14.20.180
compliance with Horizontal Property Regimes Act, AS 34.07
has been made prior to the sale of any townhouse dwelling
units, and further:
[i] The developer or subdivider of any Planned Unit
Residential Development shall deposit with the
appropriate homeowners' association, formed in
compliance with the Horizontal Property Regimes Act
cited in this section, a contingency fund in the sum of
$500 per dwelling unit in the townhouse development;
[ii] A copy of the by-laws of the homeowners'
association showing in what manner the aforesaid
contingency fund shall be controlled shall be furnished
to the City for review and approval. (Ord 925)
14.20.180 Variance Permits: (a) Intent. A variance means
a relaxation of the development requirements of this chapter in
cases where unusual physical features of the property would make
strict application of the zoning regulations unreasonable.
(b) Procedure.
(1) An application for a variance permit shall be filed in
writing with the administrative official and signed by the
owner of the property concerned.
[i] The application shall contain the following:
(a) 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 alterations, and such data as
may be required.
[ii] The application for a variance shall contain a
statement and adequate evidence showing the following
conditions, all three of which must exist before a
variance may be granted:
^1 T 1 L
kdi ha here are exceptional physical cir-
cumstances or conditions applicable to the
property or to its intended use or development
which do not apply generally to the other
properties in the same land use district;
(b) That the strict application of the provisions
of this chapter would result in practical dif-
ficulties or unnecessary hardship;
(c) That the granting of the variance will not
result in material damage to other properties in
the vicinity nor be detrimental to the public
health, safety, or welfare.
[iii] The public hearing and notification procedure
for a variance application shall be accomplished in
accordance with the requirements of this chapter. (Ord
925)
14-35
(City of Kenai
Supp. #29 - 7/20/84)
14.20.190-14.20.220
14.20.190 Principal Structures: (a) Erection of More Than
one Principal Structure on a Lot. In any zone more than one
principal structure housing a permitted use may be erected on a
single lot, provided that area width and all other development
requirements of the zone shall be met for each principal structure
as though each structure were on an individual lot.
(b) Distance between Buildings on a Lot. No detached
dwelling or other main building shall be less than six feet from
any other detached dwelling or main building on the same building
site. (Ord 925)
14.20.200 Accessory Structures: (a) Yard requirements for
Accessory Structures. Where yards are required, accessory
structures shall be subject to the same requirements as principal
structures except as follows:
(1) In an RR and RS zone the minimum front yard setback for
an unoccupied attached or detached garage or carport shall
be ten feet;
(2) Covered but unenclosed passenger landings or carport
not more than one story in height may extend into either
side yard, but such structure shall not be closer than three
feet to an adjoining lot;
(3) Unenciosed outside stairways, fire escapes, porches, or
landing places as well as cornices, canopies, eaves, and
other similar architectural features not providing additional
floor space may extend into a required yard except within
three feet of any lot line;
(4) A detached accessory building may be permitted to
occupy a rear yard, provided that not more than 1/3 of the
total area of such rear yard shall be so occupied. (Ord
925)
14.20.210 Sight Obstruction on Corner Lots: (a) Sight
Obstruction on Corner Lots. On a corner lot in any residential
district, nothing siiaii be erected, placed, planted, or allowed
to grow in a manner which obstructs vision higher than three feet
above the curb level at the street intersection, provided that
this restriction shall not apply to shade trees, the entire
foliage of which is eight feet above the height of the curb. This
restriction on sight obstruction shall apply to the triangular
area formed by the two streets rights -of -way adjoining the lot
and a line drawn across the lot adjoining points on each
right-of-way 20 feet from the intersection of the right-of-way
lines. (Ord 925)
14.20.220 Signs and Advertising Devices: (a) General
requirements:
(1) A permit shall be obtained from the administrative
official prior to the installation of any sign, nameplate,
advertising sign, or advertising structure excepting those
14-36
(City of Kenai
Supp. #29 - 7/20/84)
14.20.220
less than four square feet in area. Construction and
erection of signs shall be in accordance with this chapter
and with all other pertinent regulations.
(2) Signs permitted under this section shall advertise only
the business or activity being conducted on the immediate
premises.
(3) No sign shall be erected at any location where by
reason of the position, shape, or color of such sign it may
interfere with, obstruct the view of, or be confused with
any authorized traffic sign, signal, or device.
(4) No sign other than public signs shall be placed within
ten feet of any intersection as measured from the nearest
intersection of street right-of-way lines.
(5) Flashing signs and intermittent illumination are
permitted only in commercial and industrial zones.
(6) In all residential zones, lighting shall be indirect
and shielded from adjacent property.
(b) Signs permitted in residential zones:
(1) Real Estate Signs. One sign not exceeding four square
feet advertising only the sale, rental, or lease of the
building or premises on which it is maintained;
(2) Signs Identifying Home Occupations. One sign per use
not exceeding four square feet in area. Such sign shall be
no closer than ten feet to any property line or shall be
flat against the building. No lighting is permitted;
(3) Bulletin Boards. Bulletin boards used to display
announcements of meetings to be held on the premises on
which such boards are located shall be permitted for
churches, schools, community centers and public, charitable,
or institutional uses. Unless otherwise permitted in the
zone, such signs shall contain no more than 20 square feet
in the area. Such signs may be used as wall signs; may be
used as ground signs when located a minimum of ten feet from
the lot street lot line; may be indirectly illuminated; and
one such sign shall be permitted for each street frontage;
(4) Construction Signs. During construction, repair, or
alteration or a structure, temporary signs which denote the
architect, engineer, contractor, or builder or which denote
the name of the structure and its use or occupants -to -be may
be placed within the required yard setbacks as ground, wall,
or roof signs. Each sign shall be 20 square feet or less in
size and no more than one such sign shall be permitted for
each architect, engineer, contractor, or builder or denoting
the name, use, and occupants -to -be of the structure;
(5) Signs Identifying Other Permitted and Conditional Uses.
One sign per use not to exceed 20 square feet in the area
for the purpose of identifying multi -family dwellings,
clubs, professional offices, and other similar uses. Such
sign shall be no closer than ten feet to any property line
or shall be flat against the building;
14-37
(City of Kenai
Supp. #29 - 7/20/84)
14.20.220-14.20.230
(6) Signs for Nonconforming Uses. A legal nonconforming
use in a residential zone may have one sign per property,
unlighted, and no larger than 20 square feet in area. Such
ffi signs shall be flat against the building or shall be located
no closer than ten feet to any property line;
(7) Subdivision Signs. Signs advertising the sale or lease
of lots or buildings within new subdivisions of at least
2-1/2 acres are permitted provided they are nonilluminated
or indirectly illuminated and do not exceed 50 square feet
in area. Not more than one such sign shall be located at
each major approach to the subdivision and the front, side,
and rear yard requirements applying to principal structures
shall apply to the location of such signs. The display of
such signs shall be limited to a period of two years. Prior
to expiration thereof, the applicant may request an extension
from the Commission. The sign shall be removed prior to the
expiration of the two year period or extension thereof. If
the sign has not been removed, the City may enter upon the
premises upon which the sign is located and remove such sign
at no liability to the City and at the expense of the owner;
(8) Public Safety Signs. Temporary private ground or wall
signs exclusively relating to the safety of the public
(e.g., "no parking today," "use covered walkway," "do not
enter," "danger," "loading zone") may be located as needed
for public safety without limitations as to number, size, or
location so far as the requirements of this chapter are
concerned.
(c) Signs permitted in commercial and industrial zones:
(1) Signs located flat against a building or a marquee;
(2) One ground pole or projecting sign per property not to
exceed 50 square feet in area provided that signs projecting
beyond the lot line may be no closer than six inches from
the curb line and must be at least eight feet above the
finished sidewalk grade. (Ord 925)
14.20.230 Home Occupations: (a) Intent. It is the intent
of this chapter to permit home occupations which are compatible
with other permitted uses and with the residential character of a
neighborhood, and which are clearly secondary or incidental to
the residential use of the main building. In general, a home
occupation is an accessory use so located and conducted that the
average neighbor, under normal circumstances would not be aware
of its existence other than for a sign as permitted in this
chapter. Home occupations are permitted accessory uses in
residential zones only so long as all the development require-
ments listed in this section are observed.
(b) Uses permitted: Subject to the development require-
ments of this section, home occupations include, but are not
limited to, the following uses:
14-38
(City of Kenai
Supp. #29 - 7/20/84)
14.20.230-14.20.240
(1) Art studio;
(2) Day care of no more than ten preschool age children;
(3) Dressmaking;
(4) Millinery;
(5) Beauty parlor;
(6) Tutoring and musical instruction.
(c) Uses prohibited:
(1) Commercial auto and boat repair;
(2) Commercial kennels or similar uses;
(3) Convalescent homes for the care of more than two
patients;
(4) Mortuaries;
(5) Private schools with organized classes;
(6) Real estate office;
(7) Restaurants.
(d) Development requirements:
(1) Not more than one person outside the family shall be
employed in the home occupation;
(2) No more than 30% of the gross floor area of all
buildings on the lot shall be used for the home occupation;
(3) The home occupation shall be carried on wholly within
the principal building, or other buildings which are
accessory thereto. Any building used for a home occupation
shall be wholly enclosed. (Ord 925)
14.20.240 Mobile Homes: (a) No mobile homes may be
installed for use in the City of Kenai for public, commercial, or
assembly purposes after the effective date of this ordinance.
(b) Areas delineating permitted and prohibited trailer use
location:
(1) For regulation purposes, the City shall be divided into
two areas, with the common boundary being Main Street and
Main Street extended to the northern boundary of the City
limits as shown on the official zoning map of the City of
Kenai;
(2) Mobile homes for residential use may be parked anywhere
within the Rural Residential zone east of the described
boundary line and south of the Kenai River unless such
mobile homes are prohibited by restrictive covenants, health
standards, or other regulations. Mobile homes may be parked
only in "mobile home parks" (sometimes also known as
"trailer courts") in the area west of the described boundary
line;
(3) Mobile homes which were installed prior to the ef-
fective 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 indefinitely, except that such trailers shall
not be replaced if destroyed or removed.
14-39
(City of Kenai
Supp. #29 - 7/20/B4)
14.20.240-14.20.250
(4) Mobile homes utilized on bona fide construction sites
for offices, storage, or other such purposes may be so used
anywhere within the City limits on the construction job they
serve, but shall be removed immediately upon completion of
said construction. (Ord 925)
14.20.250 Off -Street Parking and Loading Requirements:
(a) In all zones, there shall be provided at the time of
construction of any main building or at the time of the
alteration, enlargement, or change in use of any main building,
permanently maintained off-street parking facilities for the use
of occupants, employees, or patrons of such building. It shall
be the joint and several responsibility of the owner and/or
occupant of any main building or structure to provide, and
thereafter maintain, minimum free off-street parking facilities
as required below.
(b) No existing parking area and no parking area provided
for the purpose of complying with the provisions of this chapter
shall hereafter be relinquished or reduced in any manner below
the requirements herein established.
(1) Site Plan Submission. A site plan showing all parking
and loading areas shall accompany all applications for
building permits. Said plan shall show dimensions of
spaces, curb cuts, and other information necessary to
determine compliance with the provisions of this chapter.
The administrative official shall approve or reject the site
plan on the basis of compliance with the requirements of
this chapter. No certificate of zoning compliance and
building permit shall be issued unless the parking site plan
is approved;
(2) Joint Parking Areas. Where there is more than one use
in a single structure or on a site (e.g., doctor, attorney,
and retail grocery) or two or more separate instances of the
same use, off-street parking requirements shall be the sum
of the requirements for the various uses: provided however,
that where two or more uses provide a single joint parking
area, and their total required spaces totals 20 or more, the
minimum requirement will be 75". of the sum of the require-
ments for the various computed separately;
(3) Location of Parking. Any parking space provided
pursuant to this section shall be on the same lot with the
main use it serves or on an adjoining lot except that the
Commission, by a conditional use permit as specified in this
chapter, may allow parking spaces on any lot if it is
determined that it is impractical to provide parking on the
same or adjoining lot.
(4) Design Standards:
[i] All parking lots shall be provided with a durable,
well -drained, and dust -free surface and shall have
appropriate bumper guards where needed;
14-40
(City of Kenai
Supp. #29 - 7/20/84)
14.20.250
[ii] Parking areas shall not be used for sales
display, storage, repair work, or any purpose other
than parking;
[iii] Any lighting of parking lots shall be arranged
to reflect away from public rights -of -way and from any
adjoining residential areas;
[iv] Curb cuts shall be located so as to avoid traffic
hazards and shall be approved by the administrative
official
[v] Curb cuts shall be no more than 35 feet wide and
no less than 12 feet wide.
(5) Interpretation of Space requirements:
[i] If a use is not specifically mentioned in this
section, the administrative official shall determine
the most similar use which is specifically mentioned.
Parking requirements shall be the same as for that use;
[ii] When a parking requirement is stated in terms of
employees, it means the maximum number of employees who
will be at the site at one time either on a single
shift or an overlap of shifts;
[iii] In figuring the total parking requirement for a
use, any fraction of 1/2 or more shall require one more
space.
(6) Exception to this Section - Public Parking Lots.
Notwithstanding other provisions of this section, when a use
is located within 300 feet of an existing or planned public
lots, the off-street parking requirements of this chapter
may be met if under the procedures specified in this
chapter, the Commission issues a conditional use permit
stating that the following conditions have been met:
[i] The public parking lot exists within reasonable
distance of the use, or plans for the public parking
lot are sufficiently advanced to give reasonable
assurance that the lot will be in use within one year
of the time of issuance of the conditional use permit;
[ii] The owner and/or occupant of the use in question
shall sign a covenant agreeing to join an assessment
district to pay for the public parking lot;
[iii] The public parking lot has or will have suffi-
cient capacity to accommodate the use in question plus
other parking needs of existing and potential uses
within a reasonable distance of the lot. The Com-
mission shall use the off-street parking requirement as
cited above to estimate the parking spaces needed
within a reasonable distance of the lot.
(7) Off -Street Loading. Every building or structure used
for business, trade, or industry and normally requiring
truck loading or unloading with respect to the use, shall
provide space as herein indicated for the loading and
unloading of vehicles off the street or public alley. Such
14-41
(City of Kenai
Supp. #29 - 7/20/84)
14.20.250
space shall have access to a public alley, or, if there is
no alley, to a street. Off-street loading and unloading
space shall be in addition to and not considered as meeting
a part of the requirement for off-street parking space.
Off-street loading and unloading space shall not be used or
designed, intended, or constructed to be used in a manner to
obstruct or interfere with the free use of any street or
adjoining property. The minimum off-street loading and
unloading space required for specific uses shall be as
follows:
[i] Retail business and service establishments shall
provide one off-street loading and unloading space at
least ten feet wide and 38 feet long with a 14 foot
height clearance per building;
[ii] Industrial plants shall provide one off-street
loading and unloading space for each 20,000 square feet
of gross floor area. Each loading space shall be
minimum of 12 feet wide and 50 feet long with a 14 foot
height clearance;
[iii] Trucking terminals shall provide one off-street
loading and unloading space for every 5,000 square feet
of total floor area used for storage, warehousing, and
shipping. Each loading space shall be a minimum of 14
feet wide and 65 feet long with 14 foot clearance.
(8) Off-street parking requirements:
Minimum Number of
Dwelling and Lodging Parking Spaces
Required
Hotels, rooming
and houses and other
structures containing
sleeping rooms other
than or in addition to
dwelling units
Mobile home parks
Motels
Multiple family
dwellings and other
places containing
dwelling units
Single family dwellings,
two family dwellings, and
parish houses
14-42
(City of Kenai
Supp. #29 - 7/20/84)
one per dwelling unit
and one per three guest
rooms
two per trailer
one per unit
one per efficiency unit,
1-1/2 per one bedroom
unit and two per two or
more bedroom units
two per dwelling unit
Churches, theatres,
auditoriums, & other
places of public assembly with
fixed seats
Clinics
Day nurseries, foster
homes, and kindergarten
Elementary and junior
high schools
Hospitals, sanitariums,
nursing and rest homes
Institutions & Public Uses
Libraries, exhibition
halls, and other places
of public assembly
without fixed seats
Mortuaries and funeral
homes
Municipal buildings
and public utility
buildings
Post offices and
telegraph offices
Senior high schools
14-43
14.20.250
one per five seats in the
principal assembly area
three per doctor or
dentist
1/2 per employee
1/2 per employee
one per resident and
staff doctor plus 1/2
per employee, intern, and
nurse, plus one per every
five beds plus one per
institutional vehicle
Minimum Number of
Parking Spaces Required
1/2 per employee, plus one
per 100 square feet
of useable floor area
one per every eight parlor
or chapel seats, plus one
per funeral vehicle
1/2 per employee, plus
one per official vehicle,
plus one visitor space
for each 500 square feet
of office or display
space
One per employee, plus one
per 100 square feet of
gross floor area
one per every seven pupils
plus one per every two
employees
(City of Kenai
Supp. #29 - 7/20/84)
14.20.250
Trade and business
schools, music
schools, dance studios
and other private
schools and colleges
Offices
Banks, building, and
and loan companies
Business and profes-
sional offices not
generally patronized
by the public
Medical office buildings
Automotive service and/
or sales
Entertainment and
Services
Beauty and barber
shops
Bowling alleys
Service stations
Household services and trades
such as carpentering,
electrical servicing, plumbing
and heating shops, paper
hanging, painting, furniture
upholstering, decorating shops,
and other similar service
establishments
14-44
(City of Kenai
Supp. #29 - 7/20/84)
1/2 space per employee
plus one per every five
students based upon the
maximum number of
attending class at one
time
Minimum Number of
Parking Spaces Required
one per 300 square feet of
gross floor area
one per 400 square feet of
floor space
three per doctor or
dentist
four per maintenance stall
plus adequate spaces to
accommodate all new and
used retail units and
customer parking generated
by retail sales
Minimum Number of
Parking Spaces Required
one per 250 square feet of
gross floor area
four per alley
three per grease rack or
working bay
1/2 per employee, plus one
per company vehicle plus
one per 500 square feet of
floor area
Laundry and dry cleaning
pick-up stations
Pool halls, billiard
parlors
Restaurants, cafes, soda
fountains, eating and
drinking places, etc.
Self-service dry
cleaning and laundry
establishments
Taxicab companies
Commercial
Grocery store, delicatessen,
drug store, or pharmacy
Nurseries and greenhouses
Retail and wholesale
stores of bulky items
(e.g., furniture and
major appliances)
Retail and wholesale
stores of non -bulky
items
Wholesale, retail, and
commercial storage
14-45
14.20.250
1/2 per employee plus one
per 500 square feet of
gross floor area
three per table
1/2 per employee plus one
per five seats
one per every four washing
machines and/or dry
cleaning machines
one per taxi operated by
by the company plus one
extra space
Minimum Number of
Parking Spaces Required
1/2 per employee plus one
per company vehicle plus
one per 250 square feet of
gross floor area
1/2 per employee plus four
spaces for customer
parking
1/2 per employee plus one
per company vehicle
plus one per 800 square
feet of sales area
1/2 per employee plus one
per company vehicle plus
one per 300 square feet of
sales area
1/2 per employee plus one
per company vehicle plus
two spaces, but a total of
no less than four spaces
(City of Kenai
Supp. #29 - 7/20/84)
14.20.250-14.20.260
Industrial
Manufacturing industries
Manufacturing research
and laboratories
Printing, publishing,
and allied industries,
welding, blacksmith
shops, manufacturing,
bakeries, dry cleaning,
and dyeing plants
Trucking terminals,
storage yard, building
contractors, lumber
yards, etc.
Veterinarian office,
dog hospitals, animal
clinics, and kennels
(Ord 925)
Minimum Number of
Parking Spaces Required
one per every three
employees and officers on
the maximum employee
shift, plus one per
company vehicle
1/2 per employee plus one
per company vehicle. An,
additional lot or reserved
space shall be provided
for visitor parking equal
to 5% of the employee
parking spaces, but not
less than three spaces
1/2 per employee on the
maximum employee shift
plus one per company
vehicle and five for
customer parking
1/2 per employee plus one
per company vehicle,
truck, tractor, or
trailer stored at the
site when not in use,
and five for customer
parking
1/2 per veterinarian
and employees and two
for visitors
14.20.260 Administration Enforcement, and Penalties:
(a) The City Manager of the City of Kenai is hereby named as
the administrative official for the purpose of administering and
enforcing the provisions of this chapter.
(b) If the administrative official finds that any of the
provisions of this chapter are being violated, he shall notify in
writing the person responsible for such violations, indicating the
nature of the violation and ordering the action necessary to correct
it. He shall order discontinuance of illegal uses of land, building,
or structures; removal of illegal buildings, or structures or of
additions, alterations, or structural changes thereto; discontinuance
14-46
(City of Kenai
Supp. #29 - 7/20/B4)
14.20.260
of any illegal work being done; or shall take any other action
authorized by this chapter to insure compliance with or to prevent
violations of its provisions.
(c) No permit for the erection, alteration, moving, or repair
of any building or other structure shall be issued until an
application has been made for a certificate of zoning compliance, and
the certificate has been issued by the administrative official in
conformity with the provisions of this chapter. The administrative
official shall maintain a record of all certificates of zoning
compliance and copies shall be furnished upon request to any person.
Failure to obtain a certificate of zoning compliance shall be 4
violation of this chapter and shall be punishable as provided in this
section. All applications for certificates of zoning compliance
shall be accompanied by plans in duplicate, drawn to scale, showing
the actual dimensions and shape of the lot to be built upon; the
exact sizes and location, and dimensions of the proposed building or
alteration. The application shall include such other information as
lawfully may be required by the administrative official, including
existing or proposed buildings or alterations, existing or proposed
uses of the building and land; the number of family housekeeping
units, or rental units the building is designed to accommodate;
conditions existing on the lot; and such other matters as may be
necessary to determine conformance with and provide for the en-
forcement of this chapter. The administrative official shall render
his decision within 30 days of the filing of the application for a
certificate of zoning compliance. However, this time limit may be
extended by common consent and agreement signed by both the applicant
and the administrative official. One copy of said plans shall be
returned to the applicant by the administrative official, after he
shall have either attached a certificate of zoning compliance or
marked the plans as disapproved and attested to the same by his
signature on such copy. The second copy of the plans, similarly
marked, shall be retained by the administrative official.
(d) Complaints Regarding Violations. Any person may file a
complaint regarding an alleged violation thereto. All such
complaints shall be brought to the attention of the administrative
official who shall record such complaint and immediately investigate
and report thereon to the Commission and take any action required by
this section.
(a) Penalties for Violations. For any and every violation of
the provisions of this chapter, the owner, agent, or contractor of a
building or premise where such violations have been committed or
shall exist, or any other person who maintains any building or
premises in which any violation exists, shall be subject to a civil
penalty of not more than $100. Each and every day that such
violation continues shall be deemed a separate and distinct
violation. All remedies provided for herein shall be cumulative and
not exclusive. The issuance or granting of a building permit or
approval of plans or specifications under the authority of the
building code without a certificate of zoning compliance shall not be
14-47
(City of Kenai
Supp. #29 - 7/20/84)
14.20.260-14.20.270
deemed or construed to be a permit for, or an approval of, any
violation of any of the provisions of this chapter or any amendment
hereto. No permit presuming to give authority to violate or cancel
any of the provisions of this chapter shall be valid except insofar
as the work or use which is authorized is lawful and permitted. (Ord
925)
14.20.270 Amendment Procedures: (a) Intent: This section
shall govern any amendment to the Kenai Zoning Code and Official Map.
(b) Initiation of Zoning Code and Official Map Amendments.
(1) Amendments to the Kenai Zoning Code and Official Map
may be initiated by:
[i] Kenai City Council;
[ii] Kenai Advisory Planning and Zoning Commission;
[iii] Submission of a petition by a majority of the
property owners in the area to be rezoned;
[iv] Submission of a petition bearing the signatures
of 50 registered voters within the City of Kenai to
amend the ordinance text;
[v] Submission of a petition as provided by the
Home Rule Charter of the City of Kenai.
(2) Amendments to the Official Zoning Map shall be
considered only if the area to be rezoned contains a
minimum of one acre (excluding street or alley rights -
of -way) unless the amendment enlarges an adjacent district
boundary.
(3) A proposed amendment to the zoning ordinance which is
substantially the same as any other proposed amendment
submitted within the previous nine months and which was not
approved shall not be considered.
(4) The zoning amendment request shall include the names
and addresses of the applicant, a map showing the area
involved, the present and proposed zoning, the appropriate
application fee, and any other pertinent information
requested by the City.
(c) Amendment Procedure:
(1) A completed application, as described in this section,
shall be submitted to the administrative official. The
administrative official shall schedule a public hearing and
make notification arrangements.
(2) The Commission shall hold a public hearing in accordance
with the requirements of this chapter.
(3) The Commission shall, upon public hearing, forward its
written recommendation to the Kenai City Council, along
with all certified minutes and public records relating to
the proposed amendment.
(4) The Kenai City Council in accordance with the provisions
of the Kenai Municipal Code, may or may not adopt the
amendment as a City ordinance. (Ord 925)
14-48
(City of Kenai
Supp. #29 - 7/20/84)
14.20.280-14.20.290
14.20.280 Public Hearings and Notifications: (a) Intent:
This section governs all public hearings held by the Commission as
required by this chapter.
(b) Public hearing notice: Notice of the public hearing shall
be published twice in a paper of general circulation within the City.
The first notice shall be published not less than seven days prior to
the date of hearing. The notice shall contain at least the following
information:
(1) A brief description of the proposal on which the
public body is to act;
(2) A legal and common description of the property
involved;
(3) Date, time, and place of the public hearing;
(4) Person and place to contact for more detailed information.
(c) Property owner notification: A copy of the aforementioned
newspaper notification shall be sent by certified mail to real
property owners on record on the borough assessor's records within a
300-foot periphery of the parcel affected by the proposed action.
This notice shall be mailed not less than ten days prior to the date
of hearing. When a public hearing is to be held about a proposed
zoning ordinance amendment involving a change in the text or major
district boundary changes, no notification of neighboring property
owners shall be required, but notices shall be displayed in at least
three public places. (Ord 925)
14.20.290 Appeals - Board of Adjustment: (a) Appeals from
decisions of the administrative official or the Commission shall be
heard by the Kenai City Council acting as the Board of Adjustment.
(b) Procedure:
(1) The Board of Adjustment shall set a date for and hold
a hearing on all appeals within 30 days of the filling of
the appeal. Notice of the time and place of such hearing
shall be mailed to all parties interested and to all
property owners within 300 feet of the property involved at
least ten days prior to the hearing.
(2) Within 30 days after the hearing, the Board of
Adjustment shall render a decision on the appeal. In
exercising the above mentioned powers, the Board of
Adjustment may reverse or affirm, wholly or partly, or may
modify the order, requirement, decision or requirement,
decision or determination as ought to be made, and to that
end shall have all the powers of the body from whom the
appeal is taken.
(3) All meetings of the Board shall be open to the public
and the Board shall keep minutes of its proceedings showing
its decision, the reasons for its decision, and the vote of
each member upon each question. Said minutes shall be made
a public record. (Ord 925)
14-49
(City of Kenai
Supp. #29 - 7/20/84)
14.20.300-14.20.320
14.20.300 Appeal to Superior Court: An appeal from any action
or decision of the Board of Adjustment may be taken by any person to
the Superior Court as provided by state law and applicable
ordinances. (Ord 925)
14.20.310 Severability: In the event any portion, section,
subsection, clause, sentence, or phrase of this chapter is for any
reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this chapter. (Ord 925)
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."
(5) The term "shall" is always mandatory.
(6) The word "used" or "occupied" as applied to any land or
building shall be construed to include the words "intended,"
"arranged" or "designed to be used or occupied."
(b) Specific definitions:
(1) "Accessory building" means a detached building, the use of
which is appropriate, subordinate, and customarily incidental to
that of the main building or to the main use of the land and
which is located on the same lot as the main building or use.
An accessory building shall be considered to be a part of the
main building when joined to the main building by a common wall
or when any accessory building and the main building are
connected by a breezeway.
(2) "Accessory use" means a use customarily incidental and
subordinate to the principal use of the land, building, or
structure and located on the same lot or parcel of land.
(3) "Administrative official" means the person charged with the
administration and enforcement of this chapter.
(4) "Agricultural building" means a building used to shelter
farm implements, hay, grain, poultry, livestock, or other farm
produce, in which there is no human habitation and which is not
used by the public.
(5) "Alley" means a public way designed and intended to provide
only a secondary means of access to any property abutting
thereon.
(6) "Alterations" means any change, addition, or modification
in construction, location, or use classification.
(7) "Apartment house," see "Dwelling, multiple."
(8) "Area building" means the total of areas taken on a
horizontal plane at the main grade level of the principal
building and all accessory buildings, exclusive of steps.
14-50
(City of Kenai
Supp. #29 - 7/20/84)
14.20.320
(9) "Automobile wrecking" means the dismantling of used motor
vehicles or trailers or the storage or sale of parts from
dismantled or partially dismantled, obsolete, or wrecked
vehicles.
(10) "Boardinghouse" means a building other than a hotel where
lodging, with or without meals, is provided for compensation for
three or more persons, on other than day-to-day basis and which
is not open to transient guests.
(11) "Building" means any structure built for the support,
shelter, or enclosure of persons, animals, or property of any
kind.
(12) "Building code" means the building code and/or other
building regulations applicable in the City.
(13) "Building, existing11 means a building erected prior to the
adoption of the ordinance codified in this chapter or one for
which a legal building permit has been issued.
(14) Building height" means the vertical distance from the
"grade," as defined herein, to the highest point of the roof.
(15) "Building, principal or main" means a building in which is
conducted the principal or main use of the lot on which said
building is situated.
(16) "Centerline" means the line which is in the center of a
public right-of-way.
(17) "City" means the City of Kenai, Alaska.
(18) "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.
(19) "Commission" means the Kenai Advisory Planning & Zoning
Commission.
(20) "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.
(21) "Coverage" means that percentage of the total lot area
covered by the building area.
(22) "Dwelling" means a building or any portion thereof
designed or used exclusively for residential occupancy including
one -family, two-family and multiple -family dwellings, but not
including any other building wherein human beings may be housed.
(23) "Dwelling unit" means one or more rooms and a single
kitchen in a dwelling designed as a unit for occupancy by not
more than one family for living or sleeping purposes.
(24) "Dwelling, one -family" means any detached building
containing only one dwelling unit.
(25) "Dwelling, two-family" means any building containing only
two dwelling units.
14-51
(City of Kenai
Supp. #29 - 7/20/84)
14.20.320
(26) "Dwelling, multiple family" means any building containing
three or more dwelling units.
(27) "Essential service" means the erection, construction,
alternation, 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.
(28) "Family" means any number of individuals living together
as a single housekeeping unit in a dwelling unit.
(29) "Fence, height" means the vertical distance between the
ground directly under the fence and the highest point of the
fence.
(30) "Floor area" means the total of each floor of a building
within the surrounding outer walls but excluding vent shafts and
courts.
(31) "Frontage" means all the property fronting on one side of
a street between intersection streets.
(32) "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.
(33) Garage, public" means any garage other than a private
garage, available to the public, operated for gain, and which is
used for storage, repair, rental, greasing, washing, servicing,
adjusting, or equipping of automobiles or other vehicles.
(34) "Grade (ground level)" means the average level of the
finished around at the center of all w2113 to a building. In
case walls are parallel to and within five feet of a public
sidewalk, the ground level shall be measured at the sidewalk.
(35) "Guest room" means any room in a hotel, dormitory,
boarding, or lodging house used and maintained to provide
sleeping accommodations for more than two persons.
(36) Home occupation" means an accessory use of a service
character customarily conducted with a dwelling, by the residents,
which does not involve the conduct of trade on the premises.
(37) "Hotel" means any building or group of buildings in which
there are guest rooms used, designed, or intended to be used for
the purpose of offering to the general public, food or lodging,
or both, on a day-to-day basis.
(38) "Junkyard" means any space 100 square feet or more of any
lot or parcel of land used for the storage, keeping, or abandon-
ment of junk or waste material, including scrap metals or other
scrap materials, or for the dismantling, demolition, or abandon-
ment of automobiles, other vehicles, machinery, or any parts
thereof.
14-52
(City of Kenai
Supp. #29 - 7/20/84)
14.20.320
(39) "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.
(40) "Lot" means a parcel of land occupied or to be occupied by
a principal use and having frontage on a public street.
(41) "Lot, corner" means a lot situated at the junction of, and
bordering on, two intersecting streets.
(42) "Lot line, front - corner lot" means the shortest street
line of a corner lot.
(43) "Lot line, front - interior lot" means a line separating
the lot from the street.
(44) "Lot line, rear" means a line that is opposite and most
distant from the front lot line, and in the case of irregular,
triangular, or gore shaped lot, a line not less than ten feet in
length, within a lot, parallel to and at the maximum distance
from the front lot line.
(45) "Lot line, side" means any lot boundary line not a front
lot line or a rear lot line.
(46) "Lot depth" means the horizontal distance separating the
front and rear lot lines of a lot and at right angles to its
width.
(47) "Lot width" means the mean horizontal distance separating
the side lot lines of a lot and at right angles to its depth.
(48) "Mobile home" means any vehicle or structure used or
intended for use as a dwelling or place of business or for
public or assembly purposes and designed for transportation
after fabrication on streets and highways on its own wheels or
on flatbed or other trailers, and arriving at the site where it
is to be occupied as a dwelling complete and ready for occupancy
except for minor and incidental unpacking and assembly operations,
locations on jacks or permanent foundations, connection to
utilities, and the like.
(49) "Mobile home park" means any park, court, parcel, or tract
of land designated, maintained, intended, or used for the
purpose of supplying a location or accomodations for two or
more mobile homes. Said use is hereby defined to include all
buildings used or intended for use as a part of the equipment
thereof, whether or not a charge is made for the use of the park
and its facilities. A mobile home park shall not include
automobile or trailer sales lots on which unoccupied mobile
homes are parked for the purpose of inspection and sale, except
for mobile homes which are fully set up for occupancy with not
more than one mobile home located on each space.
(50) "Motel" means a group of one or more detached or semi-
detached buildings containing two or more individual dwelling
units and/or guest rooms designed for, or used temporarily by,
automobile tourists or transients, with a garage attached or
14-53
(City of Kenai
Supp. #29 - 7/20/84)
14.20.320
parking space conveniently located to each unit, including
groups designated as auto courts, motor lodges, or tourist
courts.
(51) "Nonconforming lot" means a lot lawfully existing at the
time this ordinance became effective, which by reason of area or
dimensions, does not meet the development requirements for the
zone in which it is located.
(52) "NonconforminC structure" means a structure or portion
thereof, lawfully existing at the time this ordinance became
effective, which by reason of its yards, coverage, height, or
other aspects of design, does not meet the development require-
ments of this zone.
(53) "Nonconforming use" means a use of a structure of land, or
of a structure and land in combination, lawfully existing at the
time this ordinance became effective, or established on the
premises of a previous nonconforming use as specified in this
chapter, which is not in conformity with the uses permitted in
the zone in which it exists.
(54) "Nursery, children's" means any home or institution used
or maintained to provide day care for children not more than
seven years of age.
(55) "Parking space, private" means any automobile parking
space not less than 180 square feet in area.
(56) "Parking space, public" means an area of not less than 1B0
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.
(57) "Person" means a natural person, his heirs, executors,
administrators, or assigns, and also including firm, partner-
ship, or corporation, its or their successors and/or assigns, or
the agent of any of the aforesaid.
(58) "Planned Unit Residential Development" means an alter-
native method of development a residential neighborhood under
more flexible conditions than other required in a specific -
zoning district.
(59) "Principal use" means the major or predominant use of a
lot or parcel of land.
(60) "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.
(61) "Property owner" means the owner shown on the latest tax
assessment roll.
(62) "Service station" means any building, structure, 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.
14-54
(City of Kenai
Supp. #29 - 7/20/84)
14.20.320
(63) "Sign" means any words, letters, parts of letters,
figures, numerals, phrases, sentences, emblems, devices, trade
names, or trade marks by which anything is made known, such as
are used to designate an individual, firm, association,
corporation, profession, business, or a commodity or product,
which are visible from any public street or highway and used to
attract attention.
(64) "State highway" means a right-of-way classified by the
State of Alaska as a primary or secondary highway.
(65) "Street" means a public right-of-way used as a thorough-
fare and which is designed and intended to provide the primary
means of access to property abutting thereon.
(66) "Structure" means that which is built or constructed, an
edifice or a building of any kind, composed of parts joined
together in some definite manner.
(67) "Townhouse" means single-family dwelling units constructed
in a series or group of two or more units separated from an
adjoining unit by an approved party wall or walls, extending
from the basement of either floor to the roof along the linking
lot line.
(68) "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.
(69) "Variance" means a relaxation of the development require-
ments under the procedures of this chapter in cases where
unusual physical features of the property involved would make
strict application of the zoning regulations unreasonable.
(70) "Yard" means an open, unoccupied space, other than a
court, unobstructed from the ground to the sky, except where
specifically provided by this ordinance, on the same lot on
which a building is situated.
(71) "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.
(72) "Yard, rear" means a yard extending across the full width
of the lot between the most rear main building and the rear lot
line.
(73) "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.
(74) "Zoning change" means the alteration or moving of a zone
boundary; the reclassification of a lot, or parcel of land, from
one zone to another; and the change of any of the regulations
contained in this chapter.
(75) "Zoning ordinance or ordinances" means the zoning
ordinance of the City of Kenai. (Ord 925)
14-55
(City of Kenai
Supp. #29 - 7/20/84)
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
NOTE: Reference footnotes on following pages for additional restrictions.
ZONING DISTRICTS
USES
C
RR
RS
RU
CC
CG
IL
I
RESIDENTIAL
One Family Dwelling
Two -Four Family Dwelling
Five -Six Family Dwelling
Seven plus Family Dwelling
Townhouses4
Mobile Homes5
Mobile Home Parks6
Planned Unit Residential
Development
COMMERCIAL
Automotive Sales
Automotive Service Stations
Banks
Businesses/Consumer Services
Hotels/Motels
Professional Offices
Restaurants
Retail/Wholesale Business
Theaters/Commercial
Recreation
P
P
P
S1
S1
S2
P
P
P
S1
S1
C3
P
P
S1
S1
C3
C3
P
S1
S1
C
C
C
P
C
C
C
C
C
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C8
P
P
P
P
P
P
P
P
14-56
(City of Kenai
Supp. #29 - 7/20/84)
LAND USE TABLE - Page 2
ZONING DISTRICTS
USES
C
RR
RS
RU
CC
CG
IL
IH�
INDUSTRIAL
Airports & Related Uses
Automotive Repair/Tire
Recapping/Rebuilding
Gas Manufacture/Storage
Manufacturing/Fabricating/
Assembly/Storage
Warehouses
PUBLIC/INSTITUTIONAL
Charitable Institutions
Churches
Clinics
Colleges12
Elementary Schools12
Governmental Buildings12
High Schools12
Hospitals12
Libraries
Museums
Parks & Recreation
Public Facilities12
Sanitariums12
C-MISCELLANEOUS
Animal Boarding13
Cemeteries
Crematories
Day Care Centers12
Dormitories/Boarding Houses
Essential Services
P
P
P
P
P
P
C9
P
P
P
P
i
P
P10
P10
P10
C11
P
P
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C12
P
P
P
P
P
S
S
S
C
C
C
C
C
-
C
P
C
C
C
C
C
C
C
C
C
P
S1
S
P
P
P
P
P
P
P
P
14-57
(City of Kenai
Supp. #29 - 7/20/84)
LAND USE TABLE - Page 3
ZONING DISTRICTS
USES
C
RR
RS
RU
CC
CG
IL
I
1ISCELLANEOUS (continued):
Farming/Gardening/
General Agriculture
Greenhouses/Tree Nursery13
Large Assemblages15
(e.g. Circuses, Fairs, etc.)
Lodges/Fraternal
Organizations
Parking, Off -Street
Parking, Public Lots12
Private Clubs
Radio/TV Transmitters
Social Halls
Subsurface Extraction of
Natural Resources16
Surface Extraction of
Natural Resources17
Union Halls
P
P
C
C
C
C
C
P
P
P
C
C
C
P
P
P
P
P
P
P
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
P
P
14-5B
(City of Kenai
Supp. #29 - 7/20/84)
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
(2) One 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 useable 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;
(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.
14-59
(City of Kenai
Supp. #29 - 7/20/84)
(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 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 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
characteristic 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.
(14) Allowed as a conditional use, provided that no indication
of said use is evident from the exterior of the mortuary.
(15) Allowed as a conditional use, provided that the following
conditions are met:
(a) An uncleared buffer strip of at least 30 feet shall be
provided between said use and any adjoining property in a
residential zone.
(b) Exists and entrances and off-street parking for the
use shall be located to prevent traffic hazards on public
streets.
(16) See "Conditional Uses" section.
(17) See "Conditional Use Permit for Surface Extraction of
Natural Resources" section.
14-60
(City of Kenai
Supp. #29 - 7/20/84)
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G'5
CITY OF KENAI
MEMORANDUM
To$ Kenai City Council
FROPRs Jeff Labohn, Lend Manager
SUBJECTS Kenai Zoning Code
DATES March 29, 1984
The Kenai Advisory Planning & Zoning Commission conducted a
public hearing on the proponed Kenai Zoning Code at their
meeting of March 20, 1984. No written or oral testimony was
presented to the Commission. By unanimous vote, the Commission
recommended approval of the draft Kenai Zoning Code to the
Council
The Kenai Advisory Planning & Zoning Commission hold several
work oessions regarding the proponed Kenai Zoning Code. Although
changes ware made in format and orgonizntion to improve the
readability of the Code, no substantial amendments were made to
existing Kenai Zoning Code (presently a Borough ordinanco), A
croon-raference table, documenting the proposed changes, is
provided for your reference.
The following actions must occur prior to the delegation of the
zoning power to the City from the Borough an of July 1, 1984.
i�
1) Introduction and rnaetmont of the Kenai Zoning Code
- (Ordinnnee 929-04) by the Council �,o become effective
July 1.
2) Introduction and enactmant of an ordinonne by the Borough
Ansembly, upon recommendation of the Borough Planning
Commission, too
1 i
i
i
2
o. Dolognto tho zoning power to the City of Kenai
P 4'
b. Delete Chapter 21.76. (exiating zoning code) from the
Borough Code of Drdinnnooa
Effective dnte of thin ordinnnae to be 3uly 1.
3BLa,l
2
M
C.
CITY OF KENAI
April 4. 1984
MEMORANDUM
TOs Honorable Mayor Tom Wagoner. Kenai City Councilmembers
FROMs eff Labahn. Land Manager
SU83ECTs Ordinance 925-849 Deletion of Maximum Height
Requirement
The proposed Kenai Zoning Code contains a section regarding
maximum height requirements. The lest paragraph on page 52 i
references a map entitled "Obstruction Criteria" which is on file
with the City Clark. This map is no longer an file with the City
of Kenai. instead the persons developtnq prcperty on or in the
vicinity of the Kenai Municipal Airport are advised to submit'FAn
form 7460-1 to the Federal Aviation Administration for their i
approval regarding height restrictions.
Recommendations Amend Ordinance 925-84 to delete the maximum
height section within the "Additional Requirements" table found
on page 52.
3L/kh