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HomeMy WebLinkAboutPZ1998-40CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ 98-40 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAi, ALASKA, RECOMMENDING THE KENAI MUNICIPAL CODE AT 14.20.150 BE AMENDED. WHEREAS, KMC 14.20.150 needs clarification to make it compatible with the Land Use Table; WHEREAS, KMC 14.20.150 does not conform with other sections of Title 14; NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS TO THE KENAI CITY COUNCIL THAT KMC 14.20.150 BE AMENDED AS PER THE ATTACHED. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 23rd day of September 1998. Chairman A ST: l' PROPOSED AMENDMENT 14.24.150 Conclitional use permits. A. Intent. It is recognized that there are some uses that may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission may permit this type of use if the conditions and requirements listed in this chapter are met. The allowed 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. A lications. Applications for a conditional use permit shall be filed in writing with the Planning Department. The application shall include, but is not limited to, the following: 1. name and address of the applicant; 2. verification by the owner of the property concerned if other than the applicant; 3. a legal description of the property involved; 4. a description of the proposed use; 5. dimensioned plot plans showing the location of all existing and proposed buildings or alteration, and such data as may be required; and b. the appropriate fee. C. Public Hearin. If the application is in order, a public hearing shall be scheduled in accordance with the requirements of KMC 14.2Q.2$0 of this title. D. Review Criteria. Prior to granting a use permit, it shall be established that the use satisfies the following conditions: 1. the use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; 2. the value of the adjoining property and neighborhood will not be significantly impaired; the proposed use is in harmony with the Comprehensive Plan; 3. public services and facilities are adequate to serve the proposed use; 4. the proposed use will not be harmful to the public safety, health or welfare; 5. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. E. Modification of final approval. 1. An approved conditional use permit may, upon application by the permittee, be modified by the Planning & Zoning Commission; a. when changed conditions cause the conditional use to no longer conform to the standards for its approval; b. to implement a different development plan conforming to the standards for its approval. c. The modification application shall be subject to a public hearing and a filing fee. F. Expiration -Extensions -Transferability. 1. An approved conditional use permit lapses twelve {12) months after approval if no building permit is procured or if the allowed use is not initiated. 2. The Commission may grant time extensions not to exceed six (6) months each upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. A request for an extension must be submitted prior to the expiration of the permit. A public hearing shall not be required prior to granting an extension of time. 3. A conditional use permit shall automatically expire if for any reason the conditioned use ceases for a period of one year or longer. 4. A conditional use permit is not transferable from one parcel of land to another. Conditional use permits may be transferred from one owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained.