HomeMy WebLinkAboutPZ1988-20KENAI PLANNING & ZONING COMMISSION
RESOLUTION N0. PZ88-20
A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA AMENDING THE KENAI MUNICIPAL ZONING CODE BY ADDITION SECTION
14.20.231 PERTAINING TO BED & BREAKFAST ESTABLISHMENTS.
WHEREAS, the Kenai Municipal Zoning Code does not address bed and
breakfast establishments at this time, and
WHEREAS, the Kenai City Council has directed the Planing & Zoning
Commission to draft a Code revision to fill this gap, and
WHEREAS, the Planning & Zoning Commission has held work sessions on
10/26/88, and 11/9/88, and
WHEREAS, the Planning & Zoning Commission has held a public hearing an
December 14, and,
WHEREAS, as a result of the work sessions and public hearings, the
Planning & Zoning Commission recommends the following amendment to the
Kenai Municipal Code:
Section 1:
14.20.321 Bed & Breakfast Establishments (a} Intent. It is the
intent of this chapter to permit bed & breakfast establishments by
conditional use 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. {b} Provided that these establishments shall be owner
operated, not more than one person outside the family shall be
employed in the bed and breakfast, rent out no more than 30% of the
total floor area, have adequate off-street parking for owner and
all guests, and shall meet all other requirements as set forth by
the Planning Commission at the time of public hearing.
The bed and breakfast establishment must meet all area, height, and
setback requirements in the zones in which they are allowed
according to the Land Use Table.
Section 2:
14.20.320 Definitions: (a) General Interpretation:
{10) "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 meal served daily. (Attachment "A")
~ Section 3:
Amend the Land Use Table as indicated on attachment "B".
NOW THEREFORE BE IT RESOLVED BY THE PLANNING & ZONING COMMISSION OF THE
i CITY OF KENAI, ALASKA, that the Kenai Municipal Code be amended
according to Sections 1, 2, and 3 with Attachments A, B, and C.
PASSED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA
this ~ day of ~,~p_ . 198.
PATRICIA NAULT, CHAIRMAN
ATTEST:
d%s~i'
J t Loper, Pla i g Secretary
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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 "persons" 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 wards "intended", or
"arranged" or "designed" to be used or occupied."
(1) Specific Definitions:
(1) "Accessory building" means a dbtached building, the use of
which is appropriate, subordinate, and customarily incidental to which
is located on the same lot as the main building or use. An accessory
building shall be considered to be 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
subordinance 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 or his designee.
(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.
(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.
X10) "Bed and Breakfast" means a residential, owner-occupied
dwelling, in which rooms are rented to paying quests on an overnight
basis with no more than one meal served daily.
(11) "Boarding house" means a building other than a hotel where
lodging, with or without meals, is provided or compensation for three or
more persons, on other than day-to-day basis and which is not open to
transient guests.
{12) "Building" means any structure built for the support, shelter,
or enclosure of persons, animals, or property of any kind.
(13) "Building Code" means the building code and/or other building
regulations applicable in the City.
(14) "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.
1 (15) "Building height" means the vertical distance from the
"grade," as defined herein, to the highest point of the roof.
(16) "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.
(17) "Centerline" means the line which is in the center of a public
right-of-way.
1791-1991
CITY OF KENAI
„a~ e~~~ ~ ~~~ „
210 FlDALGO KENAI, ALASKA 99611
TELEPHONE 283-7535
FAX 907-253-3014
MEMORANDUM
TO: Planning & Zoning Commission
y of Kenai
FROM 'mothy J. Rogers, City Attorney
ity of Kenai
DATES December 1, 1988
RE: Comments on Proposed Amendment to Renai Municipal Code
by Adding a Section Pertaining to Bed & Breakfast
Establishments
I have reviewed the attached proposed ordinance and recommend one
addition to it. The added section restricts the number of days
any one person may stay in a Bed & Breakfast establishment during
a thirty-day period. The purpose of the addition of this section
is to keep the establishments Pram turning into boarding houses.
The proposed addition to Section 1 of your Resolution No. PZ88-20
is as follows:
Section 1•
14.20.321 Bed & Breakfast Establishments: (a)
Intent: It is the intent of this chapter to permit bed
& breakfast establishments by conditional use which
[ARE] is compatible with other permitted uses LAND]
with the residential character of a neighborhood, and
which (ARE] is clearly secondary or incidental to the
residential use of the main building.
{b) Provided that these establishments shall be
owner=operated, not more than one person outside the
family shall be employed in the bed and breakfast[,].
rent out no more than thirty percent {30%k) of the total
floor area[,]L have adequate off-street parking for
owner and all guestsC,]L and shall meet all other
requirements as set forth by the Planning & Zoning
Commission at the time of public hearing.
-1-
~ (c) No proprietor of a bed & breakfast
establishment may rent a room to a person for more than
five (5) days within a thirty-day period.
~dZ The bed & breakfast establishment must meet
all area, height, and setback requirements [INa of the
zones in which they are allowed according to the Land
Use Table.
In Section 2 of your proposed ordinance. Attachment B is referred
to in order to delineate where your addition of the definition of
a bed and breakfast is to be placed. Because you are proposing
placing this paragraph at this particular position, you are
changing the subsequent definition paragraphs. Prior to this
change, it would be best if you search the Code and find any
portions that refer back to these particular paragraphs. After
finding those portions, another ordinance must be drafted to make
the appropriate changes. If you would prefer, placing your bed
and breakfast definition at the end of the Code section and
numbering it (76) would eliminate the search and the additional
ardinance.
Also, please note we have reformatted the proposed Section 1 of
the Resolution No. PZ88-20 so that it conforms to proper
legislative drafting style by setting out each subsection as a
separate paragraph and have also made grammatical changes.
TJR/clf
Attachments
cc: J. Loper, Secretary
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