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HomeMy WebLinkAboutOrdinance No. 3131-2020x Sponsored by : Administrat ion Kl;NAI CITY OF KENAI ORDI NANCE NO. 3 131-2020 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AMENDING THE OFFICIAL ZONING MAP BY REZONING A PORTION OF S1/2 SE1/4 SW1/4 LYING NORTH OF K-BEACH ROAD EXCLUDING VIP COUNTRY ESTATES SUBDIVISION PART 5 FROM RURAL RESIDENTIAL (RR) TO LIMITED COMMERCIAL (LC). WHEREAS, a portion of S1/2 SE1/4 SW1/4 lying north of K-Beach road excluding VIP Country Estates Subdivision Part 5 is currently zoned Rural Residential with a physical address of 725 Baleen Avenue; and, WHEREAS, the owners of the property have requested to rezone the property to Limited Commercial and the property is over 1 O acres in size meeting the application requirement of Kenai Municipal Code 14 .20.270, Amendment procedures ; and , WHEREAS, the intent of the Limited Commercial Zone is to provide transition areas between commercial and residential districts by allowing low to medium volume business, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent d istricts ; and, WHEREAS , this rezone meets the intent of the Limited Commercial Zone by providing a transition area where the frontage along Kalifornsky Beach Road could be utilized for compatible commercial activity and the frontage along Baleen Avenue could be maintained in character with the adjacent neighborhood and allow for a mix of complementary uses; and, WHEREAS, the City of Kenai Planning and Zoning Commission voted unanimously to recommend the property be rezoned to Limited Commercial during a public hearing held at their meeting on May 13, 2020. NOW , THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows: Section 1. That pursuant to KMC 14 .20.030 Establishment of Zones and Official Zoning Map, the official City of Ken ai Zoning Map is hereby amended by rezoning a Portion of S1/2 SE1/4 SW1/4 Lying North of K-Beach Road Excluding VIP Country Estates Subdivision Part 5 at 725 Baleen Avenue from Rural Residential (RR) to Limited Commercial (LC). Section 2. Severability: That if any part or provision of this ordinance or applicat ion thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction , such judgment shall be confined in its operation to the part, provision , or application directly in v olved in all controversy in which this judgment shall have been rendered , and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. Ordinance No. 3131-2020 Page 2 of 2 The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1Jlh day of June, 2020. ATTEST: B"RIAN GABRIEL SR., MAYOR New Text Underlined; [DE LETED TEXT BRACKETED] Introduced : June 3, 2020 Enacted: June 17, 2020 Effective: July 17 , 2020 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: May 26, 2020 SUBJECT: Ordinance 3131-2020 – Rezone of 725 Baleen Avenue A completed application was submitted requesting that parcel 04941052 be rezoned from Rural Residential (RR) to Limited Commercial (LC). Kenai Municipal Code (KMC) 14.20.270, Amendment procedures, describes initiation of zoning code and official map amendments. Zoning code amendments may be initiated by a submission of a petition by a majority of the property owners in the area for consideration if the area to be rezoned contains a minimum of one acre unless the amendment enlarges an adjacent district boundary. Vann Revocable Trust is the owner parcel 04941052, which is 10.6 acres in size. The requested rezone meets the criteria for an amendment. This parcel fronts Kalifornsky Beach Road for approximately 1,292 feet. Kalifornsky Beach Road is a major collector street maintained by the State of Alaska. A paved bike path runs directly in front of the parcel along Kalifornsky Beach Road. Several multi-family housing units are to the east. Across the street on Kalifornsky Beach Road (outside City limits) is commercial development, including Panama Reds and a fish market. These businesses are shown in the attached site photos. 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 LC Zone is intended to provide transition areas between commercial and residential districts by allowing low to medium volume business, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts. The LC Zone is more consistent with the layout of the parcel. The applicant has indicated plans to construct a multi-unit complex that would have commercial development on the first floor. Commercial uses could take advantage of the frontage on Kalifornsky Beach Road. The LC Zone still allows for residential uses and requires a conditional use permit for many commercial uses, including business/consumer services and retail businesses, which will ensure the neighborhood character to the north is not impacted by development of this parcel. The applicant has supplied a draft layout of how they intend to subdivide and provide access to the parcel from Kalifornsky Beach Road, which would require approval from the State of Alaska. A proposed subdivision Page 2 of 3 would go before the City’s Planning and Zoning Commission to provide a recommendation to the Kenai Peninsula Borough. The applicant intends to design their project in a manner that meets the intent of the LC Zone to provide a transition area from commercial activity along Kalifornsky Beach Road to residential uses along Baleen Avenue. The action now before City Council is just to approve of the zoning change. The 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan states, “Transportation improvements such as the construction of the Warren Ames Memorial Bridge/Bridge Access Road gave the Kalifornsky Beach area south of the Kenai River a road connection to the rest of the City and spurred development.” This change in zoning reflects the change in the City layout over time and supports Goal 3 – Land Use: Develop land use strategies to implement a forward- looking approach to community growth and development. Attached to this memorandum is the Land Use Table in Kenai Municipal Code 14.22.010 Land use table. I have highlighted allowed uses in the Rural Residential (RR) and the LC (Limited Commercial) zones of the City so Commissioners may compare the two zones. A summary of differences in land use between the RR and LC zones includes the following: • (more restrictive change) Principal uses in the RR Zone that do not require a conditional use permit and are not permitted in the LC Zone include: farming/general agriculture • (more restrictive change) Principal uses in the RR Zone that do not require a conditional use permit and are only allowed in the LC Zone with a conditional use permit include: four- family dwelling • (more restrictive change) Uses that are allowed with a conditional use permit in the RR Zone that are not permitted in the LC Zone include: mobile home parks, accessory building on parcel without main building or use, automotive sales, automotive services stations, airports, automotive repair, manufacturing/fabricating/assembly, storage yard, warehouses, assemblies (large: circuses, fairs, etc.), cemeteries, recreational vehicle parks, subsurface extraction of natural resources, surface extraction of natural resources • (less restrictive change) Uses that are not allowed in the RR Zone that would be allowed in the LC Zone with a conditional use permit include: airport compatible uses, standard marijuana cultivation facility, marijuana testing facility, retail marijuana store • (less restrictive change) Uses that are allowed in the RR Zone with a conditional use permit that would be allowed as a principal use without a conditional use permit in the LC Zone include: professional offices, necessary aviation facilities, clinics, governmental buildings, day care centers, gunsmithing, taxidermy, some personal services (see footnote 27), clinics • (no change) Principal uses in both RR and LC zones that do not require a conditional use permit include: one-family dwelling, two-, three-family dwelling, essential services, churches (some additional requirements in RR zone; see footnote 10) Page 3 of 3 • (no change) Conditional uses in both RR and LC zones that require a conditional use permit include: five-six-family dwelling, seven- or more family dwelling, townhouses (some additional requirements in RR zone; see footnote 3), planned unit residential development, banks, business/consumer services, commercial recreation, guide service, hotels/motels, lodge, limited marijuana cultivation facility, restaurants, retail business, theaters, wholesale business, mini-storage facility, assisted living, colleges, elementary schools, high schools, hospitals, libraries, museums, parks and recreation, animal boarding/commercial kennel, bed and breakfasts, cabin rentals, communications towers and antenna(s), radio/TV transmitters/cell sites, crematories/funeral homes, dormitories/boarding houses, fraternal organizations/private clubs/social halls and union halls, greenhouses/tree nurseries, nursing, convalescent or rest homes, public parking lots, some personal services (see footnote 27), • (no change) Uses not permitted in both RR and LC zones: adult businesses, marijuana product manufacturing facility, gas manufacturer/storage, assisted living The Kenai Planning and Zoning Commission considered this request during their meeting on May 13, 2020 and unanimously recommended City Council approve of the rezone. Thank you for your consideration. Memorandum Attachments • Application • Applicant’s Preliminary Draft Project Design • Written Public Comment from Jason R. Parks and Hannah C. Parks regarding PZ2020- 04 • Resolution PZ2020-04 • Maps (2) • Site Photos • Highlighted Land Use Table from Kenai Municipal Code 14.22.010 PETITIONER MAILING ADDRESS CITY, STATE, ZIP PHONE LEGAL DESCRIPTION PHYSICAL ADDRESS PARCEL NUMBER PRESENT ZO NE PROPOSED ZONE RECEIVED CITY OF KENAI DATE 3-/o-2d-o PLANNING DEPARTMENT REZONING APPLICATION Re set Form (15\1\rA:~ 4 {2,l_,k:_ \.Jc.tV\"'"' - ~a. -a~~ '3 (a\ Kt/\. 5 j Io t h-\ CA-s \:=-C\ C\tlt; I 0 qol -Z-57.r-42-0°J 15N R\\W SE.C..11 ~c,..J~ "IN\~·~ ~tJ fThJ of s Yz. 45 e... Y'-1 5 YCf Lv •"'-1-f'J. u+ k-~4<-~ t-:l~ 'e>t'l-lL~v-. Avt.-v VA -""-: l+k 9q ~I I () 4-<:14 l 05 Ct. f< vUf' ~ R.t.-$ 1' o(_LNJ,'c;c.), µ W'\.. it .LJYl 6W\ VY'\~ ,...,J Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOW IN G , COMPLETE THE BLANKS AN D INITIAL THE SPAC E AFTER T HE ITEM NUMBER TO INDICATE T HAT YOU HAVE READ AND UNDERSTAND THESE CON DI T IONS. 1. lA) 3. 8/16/2013 Amendments to the Ken ai Zoning Code and Official Map may be initiated by: Kenai City Council; Kenai Planning and Zoning Commission; Submission of a petition by a m ajo rity of th e property owners in the area to be rezoned; or, a p eti ti on bea r in g th e signatures of fifty (50) re gistered voters with in th e C ity of Kenai t o amend the ordinance tex t; or, submission of a pet ition as prov ide d by the Home Rule Charter of the City of Kenai. Amendme nt s to the Official Z oning Map s hall be cons idered only if the area to be rezoned contain s a minimum of one (1) acre (excludi ng street or alley rig ht-of-way) unless the am endm en t enlarges an adj acen t district boundary. A Public Notification and Hearing is required b efore the iss uance of this permit. A $125 (p lus sa les tax) non-refundable deposit/advertising and administrat ive se r vices fee is required to cover the se notification costs. Depending on t he rezone loca tion, an A ffid avit of Posting may also be r equired. 4._H_ A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. Dated : __ 3_-_/_c.J_-_ZcJ __ ~-- Petitioner's Signaturev REZONING CHECKLIST: ____ a. MAP b. SIGNATURES ----___ c. DEPOSIT/ADVERTISING FEE ($125 +sales tax) d. APPLICATION FORM OR LETTER ----e. AFFIDAVIT OF POSTING ---- 8/16/2013 = ~ (/) w z w (/) " BALEEN AVE. f---:::'6.o~ , 203'-9'' 264' -0" , 198'-6)2" -t --., -I[---., --' -1· ·1- I I I I w ;::: I[ LOT 1 I LOT 2 I LOT 3 I LOT 4 (!'.'. I 2.0 AC 1.5 AC 2.0 AC 1.5 AC 0 (85585 SF) (67324 SF) (86922 SF) (65816 SF) Q_ I I I > I = I I I I = --<t-KALIFORNSKY BEACH ROAD-- / Q PROPOSED REP LAT \fV 1" = 50'-o" (22X34); 1" -120' o" (11X17) T 5N R11W SEC17 SEWARD MERIDIAN KN PTN OF S1/2 SE1/4 SW1/4 LYING N OF K BEACH RD EXCL VIP COUNTRY ESTATES SUB PT 5 PARCEL ID 04941 052 164'-6" 199' -0" t --. ---' . I I I ' I LOT 5 I LOT 6 N iii? 1.25 AC 1.5 AC 0 t (54287 SF) (65709 SF) I I I 0 n n I I I N w > <( z w w _J <( <(y m Ul LD :s N<( "' z UlW Wy []::" u <( lD 0 DESIGN BY: CV, RV 0 CD m m X e 0 u OJ ~ 6 u 0' Q_ a ~ u g DRAWN: CHECKED: MZ CV JOB NO: DA TE: 5/21 /2020 REVISIONS: CATEGORY: SHEET: c 2 SHEET CONTENTS: PRPSD REPLAT Jason R. Parks and Hannah C. Parks 740 Baleen Ave. Kenai, AK 99611 Dear Kenai City Council members, We are writing to express our concerns regarding the rezoning request PZ2020-04. We have reviewed the request and the general information included in the agenda for this week’s meeting, and we are familiar with the lot as our own residence is adjacent to it. As it is written, the rezoning request does not support the purpose or safety of the VIP Estates neighborhood for the following reasons. First, we are concerned that commercial buildings on this lot would greatly increase noise and traffic on Baleen Avenue, VIP Drive, and Pirate Lane. Baleen is a narrow dirt road, and is unfit for the levels of traffic that commercial areas would bring. It would sustain significant damage each spring with frequent commercial traffic. Further, many children live in this neighborhood and enjoy riding bikes, and residents frequently enjoy walking around the neighborhood. This activity would not be safe with commercial traffic driving through the residential neighborhood streets. The residents of this neighborhood choose to live here because it is quiet, safe, and private. Increased traffic on the neighborhood streets would negatively affect all three of those qualities. Second, we are concerned that our property, and that of the other properties adjacent to this lot on Baleen and VIP, would decrease in value if commercial buildings were placed directly on Baleen and VIP without a treeline to obscure them and substantial setback requirements. If the lot were to be cleared of its many trees, noise from passing traffic on K Beach Road would more easily reach the neighborhood, and commercial buildings would be visible from front yards. Seeing a neighboring house from a window is one thing. Seeing a commercial building is something else entirely. We purchased our property with the understanding that the properties surrounding it are residential, not commercial. Third, we are concerned for the safety of the walking path on K Beach Road if commercial businesses were to be built on this lot. Entrances to the lot from K Beach would have to cross over the path, which would put pedestrians, cyclists, and other path users in direct contact with vehicular traffic. This raises the risk of accidents and vehicle-related injuries significantly. For these reasons, we believe that the existing rezoning request would damage the overall character, safety and value of the VIP Estates neighborhood. If it is in the power of the City Council and planning board, the addition of specific requirements for the development of this lot would make the rezoning request more compatible with the neighborhood of VIP Estates: ●If it were specified that the property were to only have vehicle access from K Beach Road and not from the residential-facing side of the property (Baleen), the concern of increased traffic on VIP, Pirate and Baleen would be properly addressed. ○Vehicle access from K Beach Road should be limited to only one entrance, so as to reduce the number of areas in which pedestrians using the walking path would come into contact with vehicles. ●If a significant tree line were to remain intact on the Baleen and VIP sides of the lot and any commercial buildings were to be set back from the roads by at least 100 feet, the residential area would better be able to maintain its private and quiet character. Below we have included two pictures. The first is of the aerial view of the lot included in the agenda, which is an older photo taken before our home was built in 2014 and as such does not accurately represent the area. We have outlined our lot in yellow in the image. We have also included an image of Baleen Avenue in front of our house, so that you may see the Baleen Avenue side of the lot. Only images of the Kalifornsky Beach Road and Pirate Lane sides of the property were included in the application. Thank you for your time and attention to this matter. Sincerely, Jason R. Parks and Hannah C. Parks Image 1: Rezoning request lot in red. Our lot in yellow. Image 2: our home on Baleen Avenue. The rezoning request lot is directly across the street. ;e K!;NAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2020-04 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THE COUNCIL OF THE CITY OF KENAI APPROVE THE REZONE REQUEST OF 725 BALEEN AVENUE FROM RURAL RESIDENTIAL TO THE LIMITED COMMERCIAL WHEREAS , the City of Kenai received a rezone application from the majority property owners in accordance with Kenai Municipal Code 14.20.270, Amendment procedures; and , WHEREAS , the RR Zone is intended to provide for low density res idential development in outlying and rural areas in a form which creates a stable and attractive residential environment; and, WHEREAS, the LC Zone is intended to provide transition areas between commercial and residential districts by allowing low to medium volume business, mixed re s idential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent d is tricts; and , WHEREAS, the rezone reque st is for an area over ten acres in si ze ; and , WHEREAS, the area to be re zoned fronts Kalifornsky Beach Road, a major collector street; and, WHEREAS , several multi-family units are adjacent to the parcel ; and , WHEREAS , across street on Kalifornsky Beach Road outside City limits is commercial development, including a CBD retail store and a fish market; and, WHEREAS, the LC Zone still allows for residential uses and require s a conditional use permit for many commercial uses, including bu s iness/con s umer services and retail businesses, which will ensure the ne ighborhood chara cter to the north is not impacted by development of this parcel; and, WHEREAS, the rezone is consistent with Goal 3 -Land Use : Develop land use strategies to implement a forward-looking approach to community growth and development of the 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan . NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the Kenai City Council approve of the rezone request of 725 Baleen Avenue from Rural Residential to Limited Commercial. Section 2. That a copy of Resolution PZ2020 -04 be forwarded to the Kenai City Council. Resolution No. PZ2020-04 Page 2 of 2 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 13th day of May, 2020. ( 'x:J._ ~ J& T, CHAIRPERSON ATIEST: VIP DRBALEEN AVE SEINE ST. Date: 4/6/2020 The information depicted here on is for graphic representation only of the best available sources. The City of Kenai assumes no responsibility for errors on this map. 725 Baleen Avenue Parcel No:04941052 Existing Lot LineKALIFORNSKY BEACH ROAD 0 220110 Feet VIP DRBALEEN AVE SET NET DR SEINE STPIRATE LNW A T E R G A T E W A Y S E I N E C T Date: 4/6/2020 The information depicted here on is for graphic representation only of the best available sources. The City of Kenai assumes no responsibility for errors on this map. 725 Baleen Avenue Parcel No:04941052 KALIFORNSKY BEACH ROAD Outside of City Limits LEGENDZoning Outside of City Limits Rural Residential 0 33,00016,500 Feet . Site Photos Ordinance 3131-2020 – Rezone – Rural Residential to Limited Commercial 725 Baleen Avenue; KPB Parcel No. 04 941052; a Portion of S1/2 SE1/4 SW1/4 Lying North of K-Beach Road Excluding VIP Country Estates Subdivision Part 5 Request from: Majority property owners Photo #1 The photo below is of Panama Reds, a commercial business across the street on Kalifornsky Beach Road from the subject parcel. Page 2 of 3 Photo #2 The photo below shows commercial development across the street on Kalifornsky Beach Road from the subject parcel at the corner of VIP Drive and Kalifornsky Beach Road. Page 3 of 3 Photo #3 The photo below is of one of the multi-family units adjacent to the subject parcel accessed off Baleen Avenue near its intersection with Pirate Lane. 14.22.010 Land use table. LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU RESIDENTIAL One-Family Dwelling N C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/C21 Two-, Three-Family Dwelling N C18 P P P P P P P21 S1 C C C22 P P P S1/C21 Four-Family Dwelling N C18 P C3,29 P N N P P21 S1 C C C22 N P C S1/C21 Five-, Six-Family Dwelling N C18 C3 N P N N P P21 S1 C C N N P C S1/C21 Seven- or More Family Dwelling N C18 C3 N C3 N N P P21 S1 C C N N P C S1/C21 Mobile Home Parks6 N N C N C C C C C C C C N C N N C Planned Unit Residential Development7 N C18 C C29 C C C C C C C C N C C C C Townhouses4 N C18 C3 C3,29 C3 C3 C3 C3 C C C C C22 C C C C Accessory Building on Parcel Without Main Building or Use (See KMC 14.20.200) N N C C C C C C N N N N N N C N N COMMERCIAL Airport Compatible Uses P N N N N N N N C C C C N N N C C Adult Businesses N N N N N N N N P31 P31 P31 P31 N N N N N Your Selections | Kenai, AK Page 1 of 8 The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020. ZONING DISTRICTS LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU Automotive Sales C N C N N N N C P P P P N N N N P Automotive Service Stations C N C N N N N C P P P P N C N N P Banks C N C N C N N C P P P C N C C C P Business/Consumer Services C N C C C N N C P P P C N C C C P Commercial Recreation N N C N C N N C P P C C N P C C P Guide Service C N C N C N N C P P P P N P P C P Hotels/Motels C N C N C N N C P P P C N C P C P Lodge C N C N C N N C P P P C N P P C P Marijuana Cultivation Facility, Limited30 N N C C C C C C N C C C N N N C N Marijuana Cultivation Facility, Standard30 N N N N N N N N N C C C N N N C N Marijuana Product Manufacturing Facility30 N N N N N N N N N C C C N N N N N Marijuana Testing Facility30 N N N N N N N N C C P P N N N C C Professional Offices C N C C C N N P P P P P N C P P P Restaurants C N C N C N N C P P P C N C C C P Retail Business C N26 C N C N N C P P P P S24 S24 C C P Retail Marijuana Store30 N N N N N N N N N C C C N N N C C Theaters N N C N C N N C P P C C N P C C P Wholesale Business C N C N C N N C C P P P N S24 C C N INDUSTRIAL Airports C P20 C N C N N C C C C C N C N N C Necessary Aviation Facilities P P C C C C C C P P P P C P C P P Automotive Repair P N C N C N N C P P P P N N N N P Your Selections | Kenai, AK Page 2 of 8 The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020. ZONING DISTRICTS LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU Gas Manufacturer/ Storage C9 N N N C N N N N N C9 C9 N N N N N Manufacturing/ Fabricating/Assembly P N C N C N N C C P P P N C C N C Mini-Storage Facility C N C N C N N C C P P P N N N C C Storage Yard C N C N C N N C C P P P N N N N C Warehouses C N C N C N N C N P P P N C N N N PUBLIC/ INSTITUTIONAL Assisted Living N C C C C C C C C C C C C C C C C Churches* N C P10 P10 P10 P10 P10 P10 P10 P10 C C P P10 P P P Clinics N C C N C C C C P P P C C C C P P Colleges* N C C C29 C C C C P P C C P C C C P Elementary Schools* N C C C29 C C C C P P C C P C C C P Governmental Buildings P C C C29 C C C C P P P C P C C P P High Schools* N C C C29 C C C C P P C C P C C C P Hospitals* N C C N C C C C P P P C C C C C P Libraries* N C C C29 C C C C12 P P P C P C P C P Museums C C C C29 C C C C P P P C P C P C P Parks and Recreation N P C C29 C C C C P P P P P P P C P MISCELLANEOUS Animal Boarding/ Commercial Kennel13 C C C N C C N N C C C C N C N C C Assemblies15 (Large: Circuses, Fairs, etc.) P C C N C C C C P15 P15 P15 P15 P15 C P N P15 Bed and Breakfasts N C C C C C C C C C C C N P C C P Cabin Rentals N C C N C N N N P P P C N P P C P Cemeteries P C C N C N N N N C C C N C C N N Your Selections | Kenai, AK Page 3 of 8 The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020. ZONING DISTRICTS LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU Communications Towers and Antenna(s), Radio/TV Transmitters/ Cell Sites** 28 C P C N C C C C P P P P P C C C C Crematories/Funeral Homes N N C N C N N C C C C C N C C C C Day Care Centers12 N C C C29 C C C C P P P C C C C P P Dormitories/Boarding Houses N C C N C C C P P21 S C P P23 C C C P Essential Services P P P P P P P P P P P P P P P P P Farming/General Agriculture*** N P P N N N N N N N N P N P N N N Fraternal Organizations/ Private Clubs/Social Halls and Union Halls N N C N C C C C P P P C N C P C P Greenhouses/Tree Nurseries13 N C C N C C C C P P P C N C C C P Gunsmithing, Taxidermy N N C C C C C C P P P P N C P P P Nursing, Convalescent or Rest Homes N N C N C C C C P P C C C C C C P Parking, Public Lots12 C C C N C C C C C C C C C C C C C Personal Services25 N C C N C C C C P P P P C C P P/ C27 P Recreational Vehicle Parks N C C N C N N C C C C C N C C N C Subsurface Extraction of Natural Resources16 C C C C C C C C C C C C N C N N N Surface Extraction of Natural Resources17 C C C N C N N C N C C C N C N N N *See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000) **See 42 Telecommunications Act of 1996, Sec. 704(a) Your Selections | Kenai, AK Page 4 of 8 The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020. ***See, however, the limitations imposed under KMC 3.10.070 Footnotes: 1 Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC Chapter 14.25 shall include any secondary uses in the landscaping and site plans. 2 One (1) single-family residence per parcel, which is part of the main building. 3 Allowed as a conditional use, subject to satisfying the following conditions: a The usable area per dwelling unit shall be the same as that required for dwelling units in the RS Zone; b The site square footage in area must be approved by the Commission; c Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR Zone; d Water and sewer facilities shall meet the requirements of all applicable health regulations; e The proposed dwelling group will constitute a residential area of sustained desirability and stability, will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i The property adjacent to the proposed dwelling group will not be adversely affected. 4 See “Townhouses” section. 5 See “Mobile Homes” section. 6 Allowed as a conditional use, subject to “Mobile Homes” section; and provided, that any mobile home park meets the minimum Federal Housing Authority requirements. 7 See “Planned Unit Residential Development” section. 8 Allowed as a conditional use; provided, that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9 Allowed as a conditional use; provided, that all applicable safety and fire regulations are met. 10 Provided, that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 11 Allowed as a conditional use; provided, that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line; and provided further, that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. Your Selections | Kenai, AK Page 5 of 8 The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020. 12 Allowed as a conditional use; provided, that the following conditions are met: a The proposed location of the use and the size and characteristics of the site will maximize its benefit to the public; b Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. 13 Allowed as a conditional use; provided, that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. Animal boarding and commercial kennels require a kennel license (see KMC Chapter 3.15). 14 Allowed as a conditional use; provided, that no indication of said use is evident from the exterior of the mortuary. 15 Allowed; provided, that the following conditions are met: a An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. 16 See “Conditional Uses” section. 17 See “Conditional Use Permit for Surface Extraction of Natural Resources” section. 18 Conditional use allowed only on privately held property. Not allowed on government lands. 19 Reserved. 20 The airport-related uses allowed under this entry are aircraft approach and departure zones pursuant to KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, taxiways or parking aprons, FAA authorized uses are allowed. 21 Developments for use shall be the same as those listed in the Development Requirements Table for the RU/TSH Zones. 22 Allowed as a conditional use in conjunction with a permitted use in the ED Zone. For example, housing for teachers or students for a school in the zone. 23 Allowed as an accessory use in conjunction with a permitted use in the ED Zone. For example, a dormitory used to house students for a school or educational facility. 24 Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25 Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26 Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27 Personal services not set forth in the below matrix are conditional uses. Your Selections | Kenai, AK Page 6 of 8 The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020. Limited Commercial Zone Personal Services Permitted (P) Conditional Use (C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Fitness Centers X Massage Therapist X Photographic Studios X Self-Service Laundries X Tailors X Tanning Salons X Tattoo Parlors X 28 Communications tower/antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.150 and 14.20.255 are met. 29 Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from: (a) driveway access on the Kenai Spur Highway; or (b) driveway access from a dedicated right-of-way and that driveway access is not more than two hundred seventy-five (275) feet as measured from the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as-built drawing/survey of the parcel. 30 See marijuana regulations, KMC 14.20.230—Home Occupations, 14.20.320—Definitions, 14.20.330—Standards for commercial marijuana establishments. 31 See KMC 14.20.175—Adult businesses; no adult business may be located within one thousand (1,000) feet of another adult business, or sensitive use. “Sensitive use” means a church or other place of worship, a public or private school (licensed pre-K through twelfth grade) or businesses where or areas where youth are likely to be present (limited to public parks, youth recreational centers, public playgrounds, public libraries). (Amended during 7-7-99 supplement; Ord. 1862-2000; Amended during 12-1-00 supplement; Ords. 1911-2001, 1938-2001, 1956-2002, 1962-2002, 1990-2003, 1994-2003, 2053-2004, 2081-2005, 2112-2005, 2113-2005, 2144-2006, 2152-2006, 2185-2006, 2195-2006, 2246-2007, 2272-2007, 2403-2009, 2425-2009, 2546-2011, 2610-2012, 2649-2012, 2688-2013, 2784-2014, 2870-2016, 2884-2016, 3025-2018, 3056-2019, 3083-2019 (Substitute)) Your Selections | Kenai, AK Page 7 of 8 The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020. The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020. Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk for ordinances passed subsequent to the ordinance cited above. City Website: www.kenai.city City Telephone: (907) 283-7535 Code Publishing Company Your Selections | Kenai, AK Page 8 of 8 The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020. 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. “Accessory building” means a detached building or structure, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use, except as allowed by a conditional use permit. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall or when any accessory building and the main building are connected by a breezeway. “Accessory use” means a use customarily incidental and subordinate to the principal use of the land, building, or structure and located on the same lot or parcel of land. “Administrative official” means the person charged with the administration and enforcement of this chapter. “Agricultural building” means a building or structure used to shelter farm implements, hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation and which is not used by the public. “Agriculture” means the science, art, and business of cultivating soil, producing crops, and raising livestock; farming. “Airport” means a location where aircraft such as fixed-wing aircraft, helicopters, and blimps take off and land. Aircraft may be stored or maintained at an airport. An airport consists of at least one (1) surface such as a paved or gravel runway, a helicopter touchdown and lift off (TLOF) area, helipad, or water runway for aircraft takeoffs and landings, and often includes buildings such as control towers, hangars and terminal buildings. “Airport compatible uses” means uses which include, but are not limited to: hangars, fixed base operators, aircraft repair and manufacturing, aircraft sales, and other uses approved by the ordinance of the City of Kenai, and the Federal Aviation Administration’s regulations, and compatible with the current airport master plan, the airport layout plan and the comprehensive plan. Your Selections | Kenai, AK Page 1 of 12 The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020. “Alley” means a public way designed and intended to provide only a secondary means of access to any property abutting thereon. “Alteration” means any change, addition, or modification in construction, location, or use classification. “Animal boarding” means any building or structure and associated premises in which animals are fed, housed, and/or exercised for commercial gain. Apartment House. See “Dwelling, multiple-family.” “Area, building” means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of steps. “Assemblage” means a large gathering of people for an event such as a concert, fair, or circus. “Assisted living” means a living arrangement in which people with special needs, especially seniors with disabilities, reside in a facility that provides help with everyday tasks such as bathing, dressing, and taking medication. “Automobile sales” means the use of any building or structure and associated premises for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use. “Automobile service station” means the use of any building or structure and associated premises or other space used primarily for the retail sale and dispensing of motor fuels, tires, batteries, and other small accessories; the installation and servicing of such lubricants, tires, batteries, and other small accessories; and such other services which do not customarily or usually require the services of a qualified automotive mechanic. “Automobile wrecking” means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. “Automotive repair” means the use of any building or structure and associated premises on which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered. “Bank” means any establishment or building or structure used for a financial institution that provides financial services for its clients or members. The term “bank” includes savings and loan. “Bed and breakfast” means a residential, owner-occupied dwelling in which rooms are rented to paying guests on an overnight basis with no more than one (1) meal served daily. “Boarding house” means a dwelling where the principal use is a dwelling by the owner or keeper and where the owner or keeper provides lodging for three (3) or more persons who are not members of the owner’s or keeper’s family and the lodgers pay compensation to use one (1) or more rooms. The common parts of the building or structure are maintained by the owner or keeper who may also provide lodgers with some services, such as meals, laundry, and cleaning. Boarding houses are not motels or hotels and are not open to transient guests. “Building” means any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind. Your Selections | Kenai, AK Page 2 of 12 The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020. “Building code” means the building code and/or other building regulations applicable in the City. “Building, existing” means a building erected prior to the adoption of the ordinance codified in this chapter or one for which a legal building permit has been issued. “Building height” means the vertical distance from the “grade,” as defined herein, to the highest point of the roof. “Building, principal or main” means a building or structure in which is conducted the principal or main use on the lot which said building is situated. “Business/consumer services” means the provision of services to others on a fee or contract basis, such as advertising and mailing; building maintenance; employment service; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services. “Cabin rentals” means the renting out of one (1) or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. “Cemetery” means any property used to inter the dead in buried graves or in columbarium, stacked vaults, or similar structures. “Centerline” means the line which is in the center of a public right-of-way. “Church” means a building or structure in which persons regularly assemble for worship, ceremonies, rituals, and education pertaining to a particular system of beliefs. The term “church” includes a synagogue or temple. “City” means the City of Kenai, Alaska. “Clinic” (or outpatient clinic or ambulatory care clinic) means a health care facility that is primarily devoted to the care of outpatients. Clinics can be privately operated or publicly managed and funded, and typically cover the primary health care needs of populations in local communities, in contrast to larger hospitals which offer specialized treatments and admit inpatients for overnight stays. “Collector street” means a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City. Unless otherwise designated by the Commission, collector street shall be defined on the plan for streets and community facilities in the comprehensive development plan. “College” means an educational institution providing postsecondary (after high school) education. “Commercial kennel” has the same meaning given in KMC 3.05.010. “Commercial marijuana establishment” means any retail marijuana store, excluding on-site consumption endorsements, marijuana cultivation facility, marijuana product manufacturing facility, and marijuana testing facility. “Commercial recreation” means a recreation facility operated as a business and open to the public for a fee. “Commission” means the Kenai Planning and Zoning Commission. Your Selections | Kenai, AK Page 3 of 12 The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020. “Communication antenna” has the same meaning given in KMC 14.20.255. “Communication tower” has the same meaning given in KMC 14.20.255. “Conditional use” means a use which is permitted under the terms of this chapter; provided, that under the specified procedures, the Commission finds that certain conditions specified in this chapter are fulfilled. Conditional uses are listed in the Land Use Table. “Condominium” means a common interest ownership dwelling in which: (1) Portions of the real estate are designated for separate ownership; (2) The remainder of the real estate is designated for common ownership solely by the owners of those portions; (3) The undivided interests in the common elements are vested in the unit owners. In the Land Use Table (KMC 14.22.010), “condominiums” shall be treated as two (2) or more family dwellings. For example, a four (4) unit condominium building would be treated as a four (4) family dwelling. “Coverage” means that percentage of the total lot area covered by the building area. “Crematory/funeral home” means building or structure used for preparation of the deceased for display and/or interment and may also be used for ceremonies connected with interment. Preparation may include cremation, which is the process of reducing dead bodies to basic chemical compounds in the form of gases and bone fragments. This is accomplished through burning—high temperatures, vaporization, and oxidation. “Day care center” means an establishment where child care is regularly provided for children for periods of less than twenty-four (24) hours, including the building housing the facility and adjoining areas, and where tuition, fees, or other compensation for the care of the children is charged. “Dormitory” means a building, whether public or private, associated with a school, college or university and designed, used, and arranged for private sleeping, studying, and living accommodation for students. “Dwelling” means a building or any portion thereof designed or used exclusively for residential occupancy including one-family, two-family and multiple-family dwellings, but not including any other building wherein human beings may be housed. “Dwelling, multiple-family” means any building containing three (3) or more dwelling units. “Dwelling, one-family” means any detached building containing only one (1) dwelling unit. “Dwelling, two-family” means any building containing only two (2) dwelling units. “Dwelling unit” means one (1) or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one (1) family for living or sleeping purposes. “Elementary school” means any school usually consisting of grades pre-kindergarten through grade six (6) or any combination of grades within this range. Your Selections | Kenai, AK Page 4 of 12 The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020. “Essential service” means the erection, construction, alteration, or maintenance by public utility companies or municipal departments or commissions, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith. This definition shall not be interpreted to include public buildings. “Family” means any number of individuals living together as a single housekeeping unit in a dwelling unit. “Farming” means a tract of land cultivated for the purpose of commercial agricultural production. “Fence, height” means the vertical distance between the ground directly under the fence and the highest point of the fence. “Floor area” means the total of each floor of a building within the surrounding outer walls but excluding vent shafts and courts. “Fraternal organization” means a group of people formally organized for a common object, purpose, or interest (usually cultural, religious or entertainment) that conducts regular meetings and has written membership requirements. “Frontage” means all the property fronting on one (1) side of a street between intersection streets. “Garage, private” means an accessory building or any portion of a main building used in connection with residential purposes for the storage of passenger motor vehicles. “Garage, public” means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other vehicles. “Gas manufacturer/storage” means the surface use of lands used in the production, the mechanical transformation, or the chemical transformation of hydrocarbon gas and includes uses for gas conditioning/ compressor stations. “Storage” means surface uses necessary for storage of produced or nonnative natural gas. “Governmental building” means a building or structure owned and operated by any department, commission, or agency of the United States or of a state or municipality and used to conduct official business of government. “Grade (ground level)” means the average level of the finished ground at the center of all walls to a building. In case walls are parallel to and within five (5) feet of a public sidewalk, the ground level shall be measured at the sidewalk. “Greenhouse” means a building or structure, usually a glassed or clear plastic enclosure, used for the cultivation and protection of plants. “Guest room” means any room in a hotel, dormitory, boarding, or lodging house used and maintained to provide sleeping accommodations for one (1) or more persons. Your Selections | Kenai, AK Page 5 of 12 The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020. “Guide service” means any activity on any premises used for collecting or returning persons from recreational trips when remuneration is provided for the service. “Gunsmith” means a person who repairs, modifies, designs, or builds firearms. “High school” means a secondary school usually consisting of grades nine (9) through twelve (12) or any appropriate combination of grades within this range. “Home occupation” means an accessory use carried out for remuneration by a resident in the resident’s dwelling unit. “Hospital” means an institution that provides medical, surgical, or psychiatric care and treatment for the sick or the injured. “Hotel” means a building or group of buildings containing more than five (5) guest rooms used for the purpose of offering public lodging on a day-to-day basis with or without meals. “Junkyard” means any space one hundred (100) square feet or more of any lot or parcel of land used for the storage, keeping, or abandonment of junk or waste material, including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or any parts thereof. “Library” means a collection of sources, resources, and services, and the structure in which it is housed; it is organized for use and maintained by a public body, an institution, or a private individual. “Licensed premises for commercial marijuana establishment” means any and all designated portions of a building or structure, or rooms or enclosures in the building or structure, at the specific address for which a commercial marijuana establishment license is issued, and used, controlled, or operated by the commercial marijuana establishment to carry out the business for which it licensed. “Loading space” means an off-street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. “Lodge” means a building or group of buildings containing five (5) or fewer guest rooms used for the purpose of offering public lodging on a day-to-day basis with or without meals. “Lot” means a parcel of land occupied or to be occupied by a principal use and having frontage on a public street. “Lot, corner” means a lot situated at the junction of, and bordering on, two (2) intersecting streets, two (2) platted rights-of-way, two (2) government easements, or any combination thereof. “Lot coverage” means that portion of the lot covered by buildings or structures that require a building permit. “Lot depth” means the horizontal distance separating the front and rear lot lines of a lot and at right angles to its width. “Lot line, front—corner lot” means the shortest street line of a corner lot. “Lot line, front—interior lot” means a line separating the lot from the street. Your Selections | Kenai, AK Page 6 of 12 The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020. “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 (10) feet in length, within a lot, parallel to and at the maximum distance from the front lot line. “Lot line, side” means any lot boundary line not a front lot line or a rear lot line. “Lot width” means the mean horizontal distance separating the side lot lines of a lot and at right angles to its depth. “Manufactured housing” means a dwelling unit that meets Department of Housing and Urban Development standards for manufactured housing and is wider than sixteen (16) feet, has a roof pitch of 4:12 or greater with roofing and siding common to standard residential construction and is transported to the site and placed on a permanent foundation. “Manufacturing/fabricating/assembly” means the mechanical or chemical transformation of materials or substances into new products including assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. “Marijuana” means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate. The term does not include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products. “Marijuana concentrate” means resin, oil, wax, or any other substance derived from the marijuana plant by any method which isolates the tetrahydrocannabinol (THC) bearing resins of the plant. “Marijuana cultivation facility” means any entity with a State license registered to cultivate, prepare, and package marijuana and to sell marijuana to marijuana retail facilities, marijuana products manufacturing facilities, marijuana testing facilities, but not to consumers. “Marijuana cultivation facility, limited” means an entity registered to cultivate in an area of five hundred (500) square feet or less of cultivation, prepare, and package marijuana and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. “Marijuana cultivation facility, standard” means an entity registered to cultivate in an area greater than five hundred (500) square feet under cultivation, prepare, and package marijuana and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. “Marijuana product manufacturing facility” means a State-licensed fully enclosed secure indoor facility registered to purchase marijuana, manufacture, prepare and package marijuana products, and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. Your Selections | Kenai, AK Page 7 of 12 The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020. “Marijuana products” means concentrated marijuana and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. “Marijuana testing facility” means a State-licensed commercial marijuana testing facility that is registered to analyze and certify the safety and potency of marijuana and marijuana products. “Mini-storage facility” means a completely enclosed structure containing three (3) or more areas or rooms available for lease or rent for the purpose of the general storage of household goods, vehicles or personal property; where the lessee of the unit is provided direct access to deposit or store items and where vehicles do not fill the majority of the allowed storage space. “Mobile home” means a structure, which is built on a permanent chassis in accordance with Department of Housing and Urban Development Standards and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home is subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. “Mobile home park” means a site with required improvements and utilities for the long-term parking of mobile homes which may include services and facilities for the residents. “Modular home” means a dwelling constructed in modules or sections at a place other than the building site, built to conform to KMC Title 4, is transported to the site and then assembled and placed on a permanent foundation. “Motel” means a group of one (1) or more detached or semi-detached buildings containing two (2) or more individual dwelling units and/or guest rooms designed for, or used temporarily by, automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. “Museum” means a building or structure that houses and cares for a collection of artifacts and other objects of scientific, artistic, or historical importance and makes them available for public viewing through exhibits that may be permanent or temporary. “Necessary aviation facilities” means any air navigation facility, airport visual approach aid, airfield lighting and signage, meteorological device or any type of device approved by the Federal Aviation Administration (FAA), the location and height of which is fixed by its functional purpose. “Nonconforming lot” means a lot lawfully existing at the time this chapter became effective, which by reason of area or dimensions, does not meet the development requirements for the zone in which it is located. “Nonconforming structure” means a structure or portion thereof, lawfully existing at the time this chapter became effective, which by reason of its yards, coverage, height, or other aspects of design, does not meet the development requirements of this zone. Your Selections | Kenai, AK Page 8 of 12 The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020. “Nonconforming use” means a use of a structure or land, or of a structure and land in combination, lawfully existing at the time this chapter became effective, or established on the premises of a previous nonconforming use as specified in this chapter, which is not in conformity with the uses permitted in the zone in which it exists. “Nursing, convalescent or rest home” means a building or structure used as a residence for people who require constant nursing care and/or have significant deficiencies with activities of daily living. “Office” means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government. “On-site consumption endorsement” means the State-regulated consumption of certain marijuana products at or adjacent to a retail marijuana store by patrons of the commercial marijuana establishment. “Park” means a tract of land, designated by a public entity for the enjoyment of the public and generally used for active and passive recreational activities. “Parking, public lots” means a parking area available to the public, whether or not a fee for use is charged. “Parking space, private” means any automobile parking space, excluding garages, not less than nine (9) feet wide and one hundred eighty (180) square feet in total area. “Parking space, public” means an area of not less than one hundred eighty (180) square feet exclusive of drives or aisles giving access thereto in area accessible from streets and alleys for the storage of passenger motor vehicles operated by individual drivers. “Person” means a natural person, his or her heirs, executors, administrators, or assigns, and also including firm, partnership, or corporation, or their successors and/or assigns or the agent of any of the aforesaid. “Personal services” mean establishments engaged in providing services involving the care of a person or his or her apparel. “Planned unit residential development” means an alternative method of development of a residential neighborhood under more flexible conditions than otherwise required in a specific zoning district. “Principal use” means the major or predominant use of a lot or parcel of land. “Profession” means an occupation or calling requiring the practice of a learned art through specialized knowledge based on a degree issued by an institution of high learning, e.g., Doctor of Medicine. “Property owner” means the owner shown on the latest tax assessment roll. “Public” means a place to which the public or a substantial group of persons has access and includes highway, rivers, lakes, transportation facilities, schools, places of amusement or business, parks, playgrounds, prisons, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence. “Recreation” means leisure activities sometimes requiring equipment and taking place at prescribed places, sites, parks, or fields. It can include active recreation, such as structured individual or team activities requiring the use of Your Selections | Kenai, AK Page 9 of 12 The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020. special facilities, courses, fields or equipment or passive recreation, such as activities that do not require prepared facilities such as wildlife and bird viewing, observing and photographing nature, picnicking, and walking. “Recreational vehicle” means a vehicular-type unit, primarily designed as temporary living quarters for recreational camping, or travel use, which either has its own motor power or is mounted on or drawn by another vehicle. Recreational vehicles include, but are not limited to, travel trailers, camping trailers, truck campers, and motor homes. “Recreational vehicle park” means an area established by a conditional use permit for the parking of two (2) or more recreational vehicles on a temporary basis. “Recreation or youth center” means a building, structure, athletic playing field, or playground, run or created by a local government or the State to provide athletic, recreational, or leisure activities for minors, or operated by a public or private organization, licensed to provide shelter, training, or guidance for persons under twenty-one (21) years of age. “Restaurant” means an establishment where food and drink is prepared, served, and consumed primarily within the principal building. “Retail business” means establishments engaged in selling goods or merchandise to the general public for business or personal/household consumption and rendering services incidental to the sale of such goods. “Retail marijuana store” means a State-licensed entity registered to purchase marijuana from a marijuana cultivation facility, to purchase marijuana and marijuana products from a marijuana manufacturing facility, and sell marijuana and marijuana products to consumers. “Secondary use” means a use allowed on a lot or parcel of land only if there is also an allowed principal use on the property. “Sign” means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trademarks by which anything is made known, such as are used to designate an individual, firm, association, corporation, profession, business, or a commodity or product, which are visible from any public street or highway and used to attract attention. “Square feet under cultivation” means an area of the licensed premises of a standard or limited cultivation facility that is used for growing marijuana, measured on the perimeter of the floor or growing space for marijuana. “Square feet under cultivation” does not include hallways, equipment storage areas, or other areas within the licensed premises that are not used for growing marijuana such as an office, or a processing or storage area. “State highway” means a right-of-way classified by the State of Alaska as a primary or secondary highway. “Storage yard” means a lot used primarily for the storage of operational vehicles, construction equipment, construction materials or other tangible materials and equipment. “Street” means a public right-of-way used as a thoroughfare and which is designed and intended to provide the primary means of access to property abutting thereon. Your Selections | Kenai, AK Page 10 of 12 The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020. “Structure” means that which is built or constructed, an edifice or a building of any kind, composed of parts joined together in some definite manner. “Subsurface extraction of natural resources” means removing valuable minerals or other geological materials from the earth, from an ore body, vein or (coal) seam. Materials recovered could include gas, oil, base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock salt and potash. “Surface extraction of natural resources” means removal of material, usually soil, gravel, or sand for use at another location. “Taxidermy” means the act of mounting or reproducing dead animals, fish, and/or birds for display. “Theater” means a building or structure, or part thereof, devoted to the indoor exhibition of motion pictures and/ or of live dramatic, speaking, musical, or other presentations. “Townhouse” means single-family dwelling units constructed in a series or group of two (2) or more units separated from an adjoining unit by an approved party wall or walls, extending from the basement of either floor to the roof along the linking lot line. “Tree nursery” means a place where trees/plants are propagated and grown to usable size. “Use” means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. “Variance” means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his or her real property. “Warehouse” means a building or structure used for the storage of goods, wares and merchandise that will be processed, sold or otherwise disposed of off of the premises. “Wholesale business” means business conducted primarily for the purpose of selling wares or merchandise in wholesale lots to retail merchants for resale. “Yard” means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this chapter, on the same lot on which a building is situated. “Yard, front” means a yard extending across the full width of the lot between the front lot line of the lot and the nearest exterior wall of the building which is the nearest to the front lot line. “Yard, rear” means a yard extending across the full width of the lot between the most rear main building and the rear lot line. “Yard, side” means a yard on each side of a main building and extending from the front lot line to the rear lot line. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line to the nearest part of the main building. “Zoning change” means the alteration or moving of a zone boundary; the 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. Your Selections | Kenai, AK Page 11 of 12 The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020. The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020. Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk for ordinances passed subsequent to the ordinance cited above. City Website: www.kenai.city City Telephone: (907) 283-7535 Code Publishing Company “Zoning ordinance or ordinances” mean the zoning ordinance of the City of Kenai and KMC Title 14. (Ords. 925, 1017, 1179, 1305-89, 1306-89, 1634-95, 1744-97, 1745-97, 1862-2000, 1910-2001, 2068-2004, 2094-2005, 2099-2005, 2100-2005, 2185-2006, 2195-2006, 2272-2007, 2652-2012, 2688-2013, 2870-2016, 2884-2016, 3068-2019) Your Selections | Kenai, AK Page 12 of 12 The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020.