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HomeMy WebLinkAboutPZ2000-05CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ00-05 A RESOLUTION OF THE KENAI PLANNING & ZONING COMMISSION RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, THAT VARIOUS SECTIONS OF TITLE 4 AND TITLE 14 OF THE KENAI MUNICIPAL CODE BE AMENDED TO CLARIFY AND CORRECT INCONSISTENCIES. WHEREAS, KMC 14 and KMC 4 currently cantain some sections with inconsistencies; and WHEREAS, KMC 14 and KMC 4 currently contain some sections that need clarification; and WHEREAS, the Planning Commission held a public hearing on the suggested modifications on March 8, 2000. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA THAT THE COMMISSION RECOMMENDS TO THE COUNCIL OF THE CITY OF KENAI THAT KMC TITLE 4 AND TITLE 14 BE AMENDED TO MAKE THE CHANGES CONTAINED ON ATTACHMENT A. PASSED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAf, ALASKA this 8th day of March 2000. .-J hairma ~ G •-.~ At es DRAFT Suggested by: Administration CITY OF KENAI ORDINANCE NO. -2ppp AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING VARIOUS SECTIONS OF TITLE 4 AND TITLE 14 OF THE KENAI MUNICIPAL CODE TO CLARIFY AND CORRECT INCONSISTENCIES. WHEREAS, KMC 14 and KMC 4 currently contain some sections with inconsistencies; and WHEREAS, KMC 14 and KMC 4 currently contain some sections that need clarification; and WHEREAS, the Planning & Zoning Commission has reviewed the suggested changes, held public hearings on the suggested changes and recommended their approval. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska, that changes to Title 4 and Title 14 of the Kenai Municipal Code be made as detailed in Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of 2000. DR~-FT John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: 4.OSA35 Inspections. Section 108.5.6 of the Uniform Building Code as adopted by this chapter is amended to read: On new and enlarged structures, the Building Official shall require the submission of an as-built survey as performed by a state registered land surveyor prior to final inspection if it is deemed necessary to_ comply. with KMC Title 14 setback requirements and Building Code regulations^ 14.10.010 General. [(d) FINAL PLATS SUBMITTED TO THE BOROUGH FOR APPROVAL WILL BE SUBMITTED BY THE BOROUGH TO SAID CITY FOR REVIEW WHEN THE DESIGN DEVIATES FROM THE PRELIMINARY PLAT IN A MANNER WHICH HAS NOT BEEN RECOMMENDED BY THE CITY. IN SUCH INSTANCES, THE CITY PLANNING COMMISSION SHALL HAVE 49 DAYS FROM THE DATE OF RECEIPT IN WHICH TO REVIEW THE FINAL PLAT AND TAKE ACTION.] 14.10.030.Iurisdiction and procedure. {a) It shall be unlawful for any person being the owner, agent, or person having control of any land within the City of Kenai to subdivide or lay out such land in lots, unless by a plat, in accordance with the regulations contained herein. A preliminary plat shall [FIRST] be submitted to the [KENAI PENINSULA BOROUGH PLANNING DEPARTMENT FOR STUDY. THE COPIES WILL BE FURNISHED BY THE BOROUGH TO THE] City of Kenai[,] who shall make recommendations to the Borough Planning Commission. [14.10.050 FILING FEES.] [THE PRELIMINARY PLAT SHALL BE ACCOMPANIED BY A FEE IN THE AMOUNT OF $.0.50 PER LOT AND SHALL NOT EXCEED $25.] 14.10.070 Subdivision design standards. (e) Lots: {5) In subdivisions where septic tanks or other individual sewage disposal devices are to be installed, the size of all lots included in such subdivision shall [BE SUBJECT TO THE APPROVAL OF THE CITY SANITARIAN OR HEALTH OFFICER OF THE CITY OF KENAI. THE APPROVAL OF THE CITY SANITARIAN SHALL BE BASED UPON THE ALASKA STATE BOARD OF HEALTH REQUIREMENTS. HE SHALL NOTIFY THE DEVELOPER AND THE CITY PLANNING COMMISSION, IN WRITING, OF HIS FINDINGS] meet Kenai Peninsula Borough requirements. 14.15.010 Uniform numbering system. (b) All streets and other public ways shall be named as follows: PLANNING AND ZONING Attachment A SUGGESTED CHANGES TO TITLE 14 Page 1 of 10 (3) All subdivision plats shall be submitted to the [PUBLIC WORKS DIRECTOR] Planning an_d Zoning Administration for review and approval prior to final approval by the Planning and Zoning Commission. 14.15.060 Survey, placement, and size of numbers. (b) Such number or numbers shall be placed on existing buildings on or before the effective date of this chapter and within twenty (20} days after the assigning of the proper number in the case of numbers assigned after the effective date of this chapter. The cost of the numbers shall be procured and paid for by the property owner. The numbers used shall be not less than three {3) inches in height and shall 6e made of a durable and clearly visible material. [IF THE PROPER NUMBER IS NOT PLACED ON AN EXISTING BUILDING ON OR BEFORE THE EFFECTIVE DATE OF THIS CHAPTER, IT SHALL BE THE DUTY OF THE DIRECTOR OF PUBLIC WORKS TO HAVE INSTALLED THE PROPER NUMBER OR NUMBERS ON SAID PREMISES AS HEREINAFTER SET FORTH AND TO MAKE A CHARGE OF TEN DOLLARS {$10.00} FOR EACH SET OF NUMBERS SO INSTALLED.] 14.15.080 Plat book. For the purpose of facilitating a correct numbering, a plat book of all streets, avenues, and public ways within the City showing the proper numbers of all houses or other buildings fronting upon all streets, avenues, or public ways shall be kept on file in the off ce of the [DIRECTOR OF FUBLIC WORKS] Building Official. These plats shall be open to inspection of all persons during the office hours of the City of Kenai. (KMC 14-68) 14.15.090 [DIRECTOR OF PUBLIC WORKS] Buildin Official. It shall be the duty of the [DIRECTOR OF PUBLIC WORKS] Buildin Official to inform any party applying therefore of the number or numbers belonging to or embraced within the limits of any said lot or property as provided in this chapter. In case of conflict as to the proper number to be assigned to any building, the said [DIRECTOR OF PUBLIC WORKS] Buildin Official shall determine the number of said building. 14.15.100 Owner to procure number. Whenever any house, building, or structure shall be erected or located in the City of Kenai after the establishment of a uniform system of house and building numbering has been completed, in order to preserve the continuity and uniformity of numbers of houses, buildings, or other structures, it shall be the duty of the owner to procure the correct number or numbers as designated from the [DIRECTOR OF PUBLIC WORKS] Buildin Official for the said property and to immediately fasten the said number or numbers so assigned upon said building as provided by this chapter. No building permit shall be issued for any house, building or structure until the owner has procured from the [DIRECTOR OF PUBLIC WORKS] Buildin Official the official number of the premises. Final approval of any structure erected, repaired, altered, or PLANNING AND ZONING Attachment A SUGGESTED CHANGES TO TITLE 14 Pags 2 of 10 modified after the effective da#e of this chapter shall be withheld by the City Building Inspector until permanent and proper numbers have been aff xed to said structure. 14.20.020 Application of regulations. [(E) EVERY BUILDING HEREAFTER ERECTED SHALL BE LOCATED ON A LOT AS HEREIN DEFINED, EXCEPT THAT, IF TWO OR MORE CONTIGUOUS LOTS ARE UNDER THE SAME OWNERSHIP, A BUILDING MAY STRADDLE THE INTERIOR LOT LINE OR LINES PROVIDED THAT NO INTERIOR PARTITION OF THE BUILDING FALLS ON A LOT LINE SO THAT SUCH PORTION COULD BE SOLD SEPARATELY FROM THE REMAINDER OF THE BUILDING. THIS WOULD NOT PRECLUDE THE SALE OF SUCH PROPERTY AS CONDOMINIUMS OR TOWNHOUSES PROVIDED THEY ARE BUILT AS SUCH.] 14.20.050 Non-conforming lots, structures, and uses. (c) Non-Conforming Lots of Record. In any zone in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, asingle-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.] 14.20.105 Townsite Historic {TSH) Zoning District. (e) Development Criteria. The development criteria is intended to provide for a district in which residential and business enterprises cohabit-habitat as a desirable and compatible use. All proposed construction, renovation, demolition, or alteration shall: (1) Encourage, whenever passible and compatible with historic character of the TSH zone, foot traffic; restaurants, gift shops, parks, etc.; indigenous Kenai Peninsula flora; wooden structures including log style with soft colored or natural sidings. PLANNING AND ZONING Attachment A SUGGESTED CHANGES TO TITLE 14 Page 3 of 10 (2) Discourage uses which will violate the historic and scenic quality of the TSH zone; buildings and building additions that are not compatible with adjacent buildings or which violate the existing character and scale of the district. {3) Specific structures and activities which will not be allowed, but are not limited ta: {a) Buildings with "modern design style of architecture" that have no historical correlation with the district; [(B) MULTIPLE FAMILY RESIDENCES (EXCLUDING DUPLEXES)]; (c) Gas stations; (d) Auto repair shops; [(E) RENTAL STORAGE OF ANY KIND]; (i) Uses. (1) Principal Permitted Uses as allowed in Land Use Table. (2) Conditional Uses: As allowed in the Land Use Table, KMC 14.20.150 and subject to the provision of this chapter. [1. SUCH USES MUST BE SIMILAR TO PRINCIPAL USES PERMITTED IN THE ZONE. 2. SUCH USES MUST BE IN HARMONY WITH THE INTENT OF THE ZONE.] 14.2D.15G Yearly review. The administrative official shall review the operations of the permit holder [EACH YEAR WITHIN SIXTY (b0) DAYS FOLLOWING THE ANNIVERSARY OF THE ISSUANCE OF THE CONDITIONAL USE PERMIT] annually 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. 14.20.160 Townhouses. (b} Townhouses shall be subject to the following standards: {$) The developer or subdivider of any townhouse development including Gammon 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:]. [(A) THE DEVELOPER OR SUBDIVIDER OF ANY TOWNHOUSE 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; (B) 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.] 14.20.161 Zero lot line development. {b) Zero lot line development shall be subject to the following standards; PLANNING AND ZONING Attachment A SUGGESTED CHANGES TO TITLE 14 Page 4 of 10 (5) The developer or subdivider of any zero lot line development including common open areas, 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 zero lot line dwelling units[, AND FURTHER:]. [(i} THE DEVELOPER OR SUBDIVIDER OF ANY ZERO LOT LINE 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 ZERO LOT LINE 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.] {7) Side yard setbacks [SHOULD BE TEN FEET (10') FOR SINGLE FLOOR, FIFTEEN FOOT (15') SETBACK FOR ONE AND ONE-HALF AND TWO STORY] as stated in the Land Development Requirements Table 14.20.170 Planned unit residential development. (b) Planned Unit Residential Development shall be subject to the following standards: (8) The developer or subdivider of any Planned Unit Residential Development including common open area, property, or amenities, shall have evidence that compliance with Horizontal Property Regimes Act, AS 34.07 has been made prior to the sale of any townhouse dwelling units[, and further:]. [(A) 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; (B} 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.] 14.20.190 Principal structures. (a} Erection of More Than One Principal Structure on a Lot. In any zone more than one (1) principal structure housing a permitted use may be erected on a single lot; provided that, area width and ail other development requirements of the zone shall be met for each principal structure as though each structure were on an individual lot exce tone additional sin le-famil dwelling may be permitted„ on the same lot provided the principal structure is a single-fam_il_y dwelling, and the maximum lot coverage and setback requirements for the zone are met. {b) Distance Between Buildings on a Lot. No detached dwelling or other main building shall be less than six (6) feet from any other detached dwelling or main building on the same building site. PLANNING AND ZONING Attachment A SUGGESTED GRANGES TO TITLE 14 Page 5 of 10 14.20.200 Accessory structures. (a) Yard Requirements far Accessory Structures. Where yards are required, accessory structures shall be subject to the same requirements as principal structures except as follows: {2) Covered but unenclased passenger landingsz [OR] carports or storage sheds not more than one (1} story in height may extend into either side yard o_r rear yard, but such structure shall not be closer than three {3) feet to an adjoining lot; {4} A detached accessory building may be permitted to occupy a rear yard; provided that, not more than one-third (113) of the total area of such rear yard shall be so occupied. Except as provided in I{MC 14.20.200(a)(2), setbacks must be maintained if structure requires a building 14.20.220 Signs and advertising devices. {b) Prohibited Signs: (13) [NO] OfF premises commercial advertising signs, including billboards, are not allowed in any zone except at an outdoor sporting event, sport facili _ or field. -- - ~Si~ns on licensed, functional motor vehicles are exempt from this subsection, provided that the primary use_o_f the vehicle is not the display of signs and that such vehicle is not used as a static display for advertising. __(15) Balloons or other gas-filled figures are not permitted. (c) Signs Not Requiring a Permit: {S) Real estate signs: One sign not exceeding five (5) squaze feet in residential zones and 32 square feet in commercial and industrial zones, advertising the sale, rental, or lease of the building or premises on which it is maintained. {6) Signs within a building or on a structure or fence located- at an outdoor sporting event, sporting facility or field. (12) Event signs. One unlighted si:~n of up to (32) square feet may be displayed on private property far the purpose of announcing an event of a civic, philanthropic, educational, or religious organization. Signs may be installed no sooner than ten days prior to the event announced and shall be removed within five days after the event. No event signs may be installed for a period exceeding thirty, days in an_y ninety-day period. The ninety-day._,periad begins on the first day the event sign is displayed. {d) Signs Permitted in Residential Zones: (5) Real estate signs of more than five square feet: Real estate signs advertising the sale or lease of two acres or more, or f ve or more contiguous lots may be combined into one sign of not mare than thirty-two (32) square feet. [THE DISPLAY OF SUCH SIGNS SHALL BE LIMITED TO A PERIOD OF TWO YEARS. PRIOR TO THE EXPIRATION THEREOF, THE APPLICANT MAY REQUEST AN EXTENSION OF NOT MORE THAN ONE YEAR FROM THE COMMISSION.] The sign shall be removed [UPON THE EXPIRATION OF THE TWO- YEAR PERIOD OR EXTENSION THEREOF OR] within two weeks after the sale of the property. A permanent subdivision sign may be placed at one entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed thirty-two (32) square feet. Any illumination shall be by indirect means. (e) Signs Permitted in Commercial and Industrial Zones: PLANNING AND zONING Attachment A SUGGESTED CHANGES TO TITLE 14 Page 6 of 10 {1) All signs permitted by this Code, provided that the square footage of all signs other than wall, marquee, and roof signs shall not exceed a total of [81 ] 120 square feet per business. Where there is more than one business on a premises, a combined sign for all businesses on that premises shall not exceed [154] 200 square feet. (h) Specific Definitions Pertaining to Signs: (18) "Portable sign" means a sign other than a temporary sign that is not attached to any building [OR], structure or ermanent ole. It may readily be moved from one location to another. It is designed to rest on the ground when displayed and may be with or without its own wheels. It may or may not be lighted. 14.20.240 Mobile homes. (f) Manufactured and modular homes as defined are exem t from this subsection. 14.20.245 Recreational vehicles. (d} Prohibited Use of Recreational Vehicles. No person may occupy or utilize any recreational vehicle as living quarters or sleeping accommodations under any of the following conditions: (3) While such vehicle is parked on private property and set up for long term use. Long term use includes, but is not limited to, connection to external fuel tanks or natural gas, skirting in, connection to water, sewer, electrical, or exceeding thirty (30} consecutive days. (e) Exceptions to Prohibited Uses. (4) Recreational vehicles may be set up as living or sleeping quarters by permit in conjunction with an active buildin ermit under the failowin conditions: 1. During the p_ eriod of April 1 until October 31. 2. On bona fide construction sites. 3. One recreational vehicle per construction site. 4. Permits are for a maximum of one-hundred eight (180} days. 14.20.250 Off-street parking and loading requirements. (a} jIN ALL ZONES] For non-residential uses, 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. (4) Design Standards. (B) [PARKING AREAS SHALL NOT BE USED FOR SALES DISPLAY, STORAGE, REPAIR WORK, OR ANY PURPOSE OTHER THAN PARKING] Parkin areas and front ary ds as _defined in 14.20.320 (b} (75), which includes ,the required parking spaces, in commercial use areas shall not be used for storage, repair work or any purpose other than parking, landscaping, signage, or sales displays. Anon-conforming use of ,parking areas and PLANNING AND ZONING Attachment A SUGGESTED CHANGES TO TITLE 14 Page 7 of 10 front yards prohibited by this section shall be made to conform to_this section within a period of two (2) years after adoption of this ordinance. Exception: Semi-trailers or containers may be parked in these areas for no more than thirty consecutive da s to facilitate unloadin . Truckin terminals and bona fide construction sites are exempt; (8) Off-Street Parking Requirements: (See attached Addendum A.) 14.20.280 Public hearings and notifications. {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 (10) 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 (3}public places. 14.20.290 Appeals--Board of adjustment. (a) Appeals from decisions of the administrative official or the Commission must be submitted in writing to the City Clerk within [THIRTY (30}) fifteen 1 S days of the decision. The appeal shall be heard by the Kenai City Council acting as the Board of Adjustment. 14.20.320 Definitions. (b) Specific Definitions: (*Remove numbering and insert these alphabetically.) "Manufactured housing" is a dwelling unit that meets Dept. of Housing and Urban Development Standards for manufactured housing and,..is wider than sixteen feet, has a roof pitch of 4.12 or greater with slu'ngles and siding common to standard residential construction is moved on the highway by a licensed commercial trailer and placed on a permanent foundation. "Modular home" means a building constructed as a prefabricated or assembled unit at a place other than the building site:. is wider than sixteen feet, has a roof pitch of 4.12 or greater with shingles and siding common to standard residential •construction and is moved o_n the highway by a licensed commercial trailer and then placed on a permanent foundation. "Mobile home" a structure, transportable in one or more sections, which is built on a permanent chassis in accordance_with Dept. of Housing and Urban Development Standards contained in Code of Federal Regulations Title 24, Chapter 20, 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 14.22.010 Land Use Table. {See attached Addendum "B.") PLANNING AND ZONING Attachment A SUGGESTED CHANGES TO TITLE 14 Page 8 of 10 14.24.01 Development Requirements Table. (See attached Addendum "B.") 14.24.030 Addendum to development requirements tables. A. Additional Requirements. I. Minimum Yards. Yards for Corner Lots. The minimum side yard an the street side, or platted right-of--way, or government easement, of a corner lot shall be the same as the minimum front yard required for that zone. The front_y_ard shall be determined as being the area between the main entrance to the building and the street, right of way, or government easement. 2. Maximum Heights. Height Limitation of Structures Near Airport. All structures in aircraft-approach zones and within eight thousand (8,000) feet of the main runway shall be subject to height limitation on the basis of obstruction criteria as shown on the current FAA-approved Kenai Airport Master Plan drawings which are on file at Kenai City Hall. 14.25.020 Application. This section shall apply to all commercial and industrial development and all development of [$ i 0,000] $20,000 or more in the Townsite Historic Zone (TSH) within the City of Kenai and shall apply to both the landscaping and site plans. "Commercial and industrial development" and "all development" shall be def ned as any improvements requiring a building permit for new construction or any improvements of [$10,000] $20,000 or more, which adds square footage, [ALTERS THE EXTERIOR, OR CHANGES THE OCCUPANCY OF THE BUILDING,] located on properties within the Central Commercial (CC), General Commercial (CG), Heavy Industrial (IH), Townsite Historic (TSH), and Light Industrial {IL) zoning districts. It shall be unlawful for any person to construct, erect or maintain any structure, building, fence, or improvement, including landscaping, parking, and other facilities on property designated as a commercial tract unless such improvements aze constructed or reconstructed in a manner consistent with the approved plan. 14.25.030 Landscaping/site plan--Submittal requirements. Three {3) copies of the landscaping/site plan (11x14" size} shall be submitted for approval to the Planning Specialist prior to the issuance of a building permit. One copy of the approved plans shall be returned to the applicant; one copy filed; and the third copy showing action taken, filed with the Building Official. The landscapinglsite plan shall be prepared at a minimum scale of I" = 20' and shall include the following information:.. . End PLANNING AND ZONING Attachment A SUGGESTED CHANGES TO TITLE 14 Page 9 of l0 DWELLING AND LODGING MINIMUM NUMBER OF PARKING . SPACES REQUIRED Hotels, rooming and houses and other structures One per dwelling unit and one per three guest containing sleeping rooms other than, or in room. addition to, dwelling units. Mobile Home Parks. Motels. Two per trailer. One per unit. Multiple-family dwellings and other places One per efficiency unit; 1-112 per one-bedroom containing dwelling units. unit; and two per two or more bedroom units. Single-family dwellings, two-family dwellings, and parish houses. Two per dwelling unit. I INSTITUTIONS AND PUBLIC USES I MINIMUM C ~QiOF~PARKING Churches, theaters, auditoriums, and other places of public assembly with fixed seats. One per fve seats in the principal assembly area. The width of a seat or a bench or pew shall be considered 22 inches. Clinics. Day nurseries, foster homes, and kindergarten [ELEMENTARY AND JUNIOR HIGH SCHOOLS. ] Hospitals, sanitariums, nursing and rest homes Three per doctor or dentist or health care professional plus one per exam room or dentist chair plus one-half per .employee. One-half per employee plus one space for every ten 10 children cared for at the facili [ONE-HALF PER EMPLOYEE. ] One per resident and staff doctor plus 112 per employee, intern, and nurse, plus one per every five beds plus one per institutional vehicle. Libraries, exhibition halls, and other places of 112 per employee, plus one per 100 sq. ft. of public assembly without fixed seats. usable floor area. Mortuaries and funeral homes. One per every eight parlor or chapel seats, plus one per funeral vehicle. OFF-STREET PARHING REQUIREMENTS (Suggested Code changes) ADDENDUM "A" Page 1 of 4 Municipal buildings and public utility buildings. Post offices and telegraph offices. Public Schools [SENIOR HIGH SCHOOLS.] Trade and business schools, music schools, dance studios and other private schools and colleges. 112 per employee, plus one per official vehicle, plus one visitor space for each 500 sq. ft. of office or display space. One per employee, plus one per 100 sq. ft. of gross floor area. 1/2 per employee, one per classroom plus one for every_ten (10) students in those schools who are permitted to drive to schoaI. Schools with auditoriums shall provide only the spaces required here or for the auditorium, whichever is rTg_ eater. [ONE PER EVERY SEVEN PUPILS, PLUS ONE PER EVERY TWO EMPLOYEES.] 112 space per employee plus one per every five students based upon the maximum number attending class at one time. COMMERCIAL I MT1VIMiSJPMACNUMRBEEQR~OF~PARKING Automotive service andlor sales. [FOUR PER MAINTENANCE STALL PLUS ADEQUATE SPACES TO ACCOMMODATE ALL NEW AND USED RETAIL UNITS AND CUSTOMER PARKING GENERATED BY RETAIL SALES.] One for each 400 square feet of usable floor area of sales room and one for each auto service stall. Banks, buildings, and loan companies. One per 300 sq. ft. of gross floor area Business and professional offices not generally One per 400 sq. ft. of floor space. patronized by the public. Beauty and barber shops. Bowling alleys. Gasoline stations. One per 250 sq. ft. of gross floor area. Four per alley. One for each two gas pumps plus two per grease rack workin ba or carwash bay. OFF-STREET PARKING REQUIREMENTS (suggested Code changes) ADDENDUM "A" Page 2 of 4 Grocery store, delicatessen, drug store, or pharmacy. Household services and trades such as carpentry, electrical servicing, plumbing and heating shops, paper hanging, painting, furniture upholstering, decorating shops, and other similar service establishments . Laundry and dry-cleaning pick-up stations Medical office buildings. Povl halls, billiard parlors. Restaurants, cafes, soda fountains, eating and drinking places, clubs, nightclubs and lodes, etc. Self-service dry cleaning and laundry establishments. Service stations. Skatin rinks dance halls civic clubs and similar uses without fixed seats. Taxicab companies. Nurseries and greenhouses. Retail and wholesale stores of bulky items (e.g. furniture and major appliances). Retail and wholesale stores of non-bulky items. OFF-STREET PARKING REQUIREMENTS (Suggested Code changes) 112 per employee plus one per company vehicle plus one per 250 sq. ft. of gross floor area. 112 per employee, plus one per company vehicle plus one per 500 sq. ft. of floor area. 112 per employee plus one per 500 sq. ft. of gross floor area. Three per doctor or dentist or health care ~ofessional plus one per exam room or dentist chair plus one-half per, employee. Three per table. 112 per employee plus one per five seats. One per every four washing machines and/or dry cleaning machines. [Three] One for each two gas pumps plus two per grease rack, [OR] working bay, or carwash ~• One {1} for each 200 square feet of dross floor area. One per taxi operated by the company plus one extra space. 112 per employee plus four spaces for customer parking. 112 per employee plus one per company vehicle plus one per 800 sq. ft. of sales area. 112 per employee plus ane per company vehicle plus 300 sq. ft. of sales area. ADDENDUM "A" Page 3 of 4 Warehouses. Wholesale, retail, and commercial storage. 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. One 1 _for each 2,(}00 square feet of dross floor area. 1/2 per employee plus one per company vehicle plus two spaces, but a total of no less than four spaces. One per every three employees and officers on the maximum employee shift, plus one per company vehicle. 112 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. 112 per employee on the maximum employee shift plus one per company vehicle and five for customer parking. 112 per employee plus one per company vehicle, truck, tractor, or trailer stored at the site when not in use, and five for customer parking. 112 per veterinarian and employees and two for visitors. OFF-STREET PARKING REQUIREMENTS (Suggested Code changes) ADDENDUM "A" Page 4 of 4 14.22.010 Chapter 14.22 LAND USE TABLE* Sections: 14.22.010 Land use table. * Editor's Note: The [and tue table was moved to its own chapter by request of the city. 14.22.010 Land use table. KEY: P =Principal Permitted Use C =Conditional Use S =Secondary Use N =Not Permitted Table 1 of 3 NOTE: Reference footnotes on following pages for additional restrictions ZONING DLS"TRICTS LAND USES C RR RRl RS RSl RS2 RU CC CG IL IH R TSH RESIDENTIAL One Family Dwelling C1° P P P P P P S 5' SZ S' P P Two~Three Family Dwelling C" P P P P P P S S` C ~ i .' P Four Family Dwelling C'a P C3 P N N P S S` C C C P Five/Siz Family Dwelling C" C' N P N N P S S` C C C P Seven or More Family Dwelling C1E C3 N C3 N N P S S! C C C P Townhouses ' C" C C C C C C C C C C j C C Mobile Home Parks 6 N C C C C C C C C C C C N Planned Unit Residential C18 Development ~ C C C C C C C C C C C C COMMERCIAL Automotive Sales N C C" N N N C P P P P N N Automotive Service Stations N C C19 N N N C P P P P C N Banks N C Ct9 C N N C P P P C C C Business/Consumer Services N C C" C N N C P P P C C C Hotels/Motels N C C19 C N N C P P P C C P Professional Offices N C C" C N N P P P P P C P Restaurants N C C19 C N N C P P P C C C Addendum "B" Page 1 of 7 LAND USE TABLE KEY: P =Principal Permitted Use NOTE: Reference footnotes on C =Conditional Use following pages for additional S =Secondary Use restrictions N =Not Permitted Table 2 of 3 ZONING DISTRICTS LAND USES C RR RRl RS RSl RS2 RU CC CG IL IlH R TSH Retail/Wholesale Business N C C19 C N N C P P P P C C 'TheaurslCommercial Recreation N C C19 C N N C P P C C P C INDUSTRIAL Airports and Related Uses C C19 C" N N C P P P P C N Automotive Repair~re Ret:apping/Rebuilding N C Ci9 C" N N C P P P P N N Gas ManufacturelStorage N N C19 C19 N N N N N {:° C9 N N Manufacturing/Fahricating/ Assembly/Storage N C C C N N C C P P P C C Warehouses N G C19 C N N C C P9 P P C N PUBLIC! INSTPI'UTIUNAL Charitable Institutions C C C C C C P P P P P C P Charches C P10 P'a pio pio pio p~° pro pi° C C P' 8 P Clinics C C C C C C C P P P C C C Coliegcs C C C C C C C P P C C C C Elementary Schools C C C C C C C P P C C C C Governmental Buildings C C C C C C C P P P C C C High Schools C C C C C C C P P C C C C Hospitals C C C C C C C P P P C C C Libraries C C C C C C C'~ P P P C C P Museums C C C C C C C P P P C C P Parks and Recreation P 5 S S S S S P P S S P P Sanitariums C C C C C C C C C C C C C Addendum "B" Page 2 of 7 LAND USE TABLE KEY: P =Principal Permitted Use NOTE: Reference footnotes on C =Conditional Use following pages for additional S =Secondary Use restrictions N =Not Permitted Table 3 of 3 ZONING DLSTRICTS LAND USES C RR RRl RS RSi RS2 RU CC CG IL iH R TSH MISCELLANEOUS Animal $oarding 's C C C C C N N C C C C C N Bed and Breakfasts C C C C C C C C C C C C C Cabin Rentals C C C C N N N P P P C C P Cemeteries C C C C N N N C C C C C C Crematories N C N C N N C C C C C C C Day Care Centers `~ C C C C C C C C C C C C C DorinitoriesBoarding Houses C C C C C C P S' S C P C C Essential Services P P P P P P P P P P P P P Farming/Gardening/General Agriculture P P P P P P P F P P C P P Greenhouses/Tree Nurseries 13 C C C C C C C P P P C C C Assemblages 's (Large: Circuses, Fain, etc.) C C C C C C C P's Pis pis pis C p Lodges/FraternalOrganizations N C C C C C C P P P C C P Nursing, Convalescent or Rest Homes N C C C C C C P P C C C C Parking, Off-Street P P P P P P P P P P P P P Parking, Public Lots 12 C C C C C C C C C C C C C Private Clubs N C C C C C C P P C C S C Radioll'V Transmitters/CelI Sites P P C C C C C P P P P C C Recreational Vehicle Parks C C C C N N C C C C C C C Social Halls N C C C C C C P P C C C C Subsurface Extraction of Natural Resources 16 C C C C C C C C C C C C N Surface Extraction of Natural Resources " C C C C N N C C C C C C N Union Halls N C C C C C C P P P C C C Addendum "B" Page 3 of 7 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 (I} 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 Hornes" 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. (I2) 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 io 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. Addendum "B" Page 4 of 7 (15) Allowed, provided that the fallowing conditions are met: (a) An uncleared buffer strip of at least thirty (30) fees shall be provided between said use and any adjoining property in a residential zone. (b} Exits and entrances and off-street pazicing for the use shall be Iocated to prevent traffic hazards on the public streets. (16) See "Conditional Uses" section. {l7) See "Conditional Use Permit for Surface Extraction of Natural Resources" section. (l8) Conditional Use allowed only on privately held property. Not allowed on government lands. { 19} Allowed as a conditional use provided that ingress and egress from the property is from the Kenai Spur Highway. _(20}~he airport and related uses allowed under this entry ar_e_ aircraft approach zones _per KMC 7.4.20.070 (a) . ~ " ~~~ Addendum "B" Page 5 of 7 14.24.010 Chapter 14.24 DEVELOPMENT REQUIREMENTS TABLES* Sections: 14.24.01.0 Minimum lot area requirements. 14.24.020 General requirements. X4.24.030 Addendum to development requirements tables. • Editor's Nou: The development requirements tables were moved to their own chapter by requrs[ of the city. 14.24.010 Minimum lot area requirements. DEVELOPMENT REQUIREMENTS TABLE ZONIIVG DISTRICTS USES C /RR RRl RS RSl RS2 RU/TSH II. IH CC CG R MIlVIMUM I.C}T AREA (square feet) 5inglelFtvo/ 20,000 20,000 7,200 12,500 7,200 7,204 20,000 T#tree Family Dwelling See individual sections of Code Four Family 20,000 22,400 9,600 N N 7,204 for requirements. 20,000 Dwelling Five Family 22,440 N 12,000 N N 7,200 20,400 Dwelling Six Family 24,800 N 14,400 N N 7,200 20.000 Dwelling Seven or More 27,200 +2,400 N 16,800 +2,404 N N 7,200 20,004 Family Dwelling for each unit far each tutu over 7 over 7 Note: 1. Listed square footages are the minimum required for each zone. 2. Greater lot square footages may be required to satisfy Alaska Department of Environmental Conservation (ADEC) requirements where on-site water supply and/or sewer is necessary. (Amended during 7-7-99 supplement) Addendum "B" Page 6 of 7 14.24.020 14.24.020 General regeurements. DEVELOPMENT REQUIREMENTS TABLE ZOMNG DISTRICTS USES /RR RRl RS RS1 RS2 RU/TSH II, IH CC CG R MINIMUM I.oT WIDTH (feet) 90 90 64 60 60 60 90 MINIMUM YARD SIZE (feet) Front 25 25 25 2S 25 10 25 Side` Oae-storyz DayIig6t Basement/SpIit I„eve12 Two-story= ZS 15 i5 iS 15 15 5 10 15 5 10 15 S i0 15 5 5 53 See individual sections of Code for the requirements i5 15 15 Rear 2A 20 20 20 20 103 20 MAXIhIUM LOT COVERAGE 30% 30°do 30% 30% 30~ 40% 30% M.~XIIVIUM HIIGHT (in feet) 35 35 35 35 3S FooTlvoTES: l . Side setbacks aze determined independently from the front view of the structure. Plot pla.n/As-built will distinguish single and two-story portions of building to verify setback distances are met. 2. Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above or the ceiling or roof above. One-story is defined as a story having direct access from grade level without a lower story. A structure having a lower story situated below none-story is considered aone-story structure in its entirety. Two-story is defined as one-story plus more than, one-half (1/2) the height of the lower story ali situated above grade. Daylight basement/split level is defined as one-story plus less than one-half (1/2) the height of the lower story all situated above grade. For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface of the ground between the building and a line five (5) feet from the building. 3. Except that for each story over two (2) stories, each side and rear Yazd shall be increased three (3) feet, but need not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard. (Amended during 7-7-99 supplement) Addendum "B" Page 7 of 7