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HomeMy WebLinkAboutPZ2001-21CITY OF KENAI PLANNING 8v ZONING COMMISSION RESOLUTION NO. PZ01-21 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT KMC 14.20.321 (BED AND BREAKFAST ESTABLISHMENTS) BE AMENDED TO PROVIDE: 1) THAT APPLICANTS ~ MUST PROVIDE EVIDENCE OF BEING CURRENT ON ALL CITY OBLIGATIONS PRIOR TO ISSUANCE OF A PERMIT; 2) TO PROVIDE FOR AN ANNUAL REPORT SUMMARIZING ON-SITE ACTIVITY FOR THE YEAR; 3) SETTING FORTH STANDARDS FOR REVOCATION OF CONDITIONAL USE PERMITS FOR NON- COMPLIANCE WITH THE TERMS OF THE PERMIT, VIOLATIONS OF THE Kenai ZONING CODE, OR DELINQUENCY IN CITY OBLIGATIONS. WHEREAS, applicants for bed and breakfast conditional use permits should be required to provide proof of being current on financial obligations to the city prior to issuance of a conditional use permit; WHEREAS, bed and breakfa~~ conditional use permit holders should be required to submit annual reports outlining the on-site activity in order to assist the city in monitoring compliance; , WHEREAS, procedures for revocations of out-of-compliance bed and breakfast conditional use permits should be better defined far the benefit of both the city and permit holders. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.20.321 is amended as attached. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, Alaska, PASSED BY THE PLANNING 8s ZONING ALASKA, this 23rd day of MAY, 2001. Chairman COMMISSION OF THE CITY OF KENAI, ATT T: Suggested by: Council Member Pat Porter CITY OF KENAI ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.321 (BED AND BREAKFAST ESTABLISHMENTS) TO PROVIDE: 1) THAT APPLICANTS MUST PROVIDE EVIDENCE OF BEING CURRENT ON ALL CITY OBLIGATIONS PRIOR TO ISSUANCE OF A PERMIT; 2) TO PROVIDE FOR AN ANNUAL REPORT SUMMARIZING ON-SITE ACTIVITY FOR THE YEAR; 3) SETTING FORTH STANDARDS FOR REVOCATION OF CONDITIONAL USE PERMITS FOR NON- COMPLIANCE WITH THE TERMS OF THE PERMIT, VIOLATIONS OF THE KENAI ZONING CODE, OR DELINQUENCY IN CITY OBLIGATIONS. WHEREAS, applicants for bed and breakfast conditional use permits should be required to provide proof of being current on financial obligations to the city prior to issuance of a conditional use permit; WHEREAS, bed and breakfast conditional use permit holders should be required to submit annual reports outlining the on-site activity in order to assist the city in monitoring compliance; WHEREAS, procedures for revocations of out-of-compliance bed and breakfast conditional use permits should be better defined for the benefit of both the city and permit holders. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.20.321 is amended as appears on Attachment A. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, Alaska, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this ~ day of 2001. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: 14.20.321 Bed and breakfast establishments. {a) Intent: It is the intent of this chapter to permit bed and breakfast establishments by conditional use which is compatible with other permitted uses, with the residential character of a neighborhood, and which is clearly secondary or incidental to the residential use of the main building. (b) Provided that these establishments shall beowner-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%) 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 and Zoning Commission at the time of public hearing. (c) The bed and breakfast establishment must meet all area, height, and setback requirements of the zones in which they are allowed according to the Land Use Table. {d Issuance_of the permit. Following approval by the Commission, the administrative official shall not issue the permit until the expiration of the 15-da~ppeal period, contained in KMC 14.20,280. After approval by the Commission and before the issuance, o,f the permit, the administrative official must determine that the applicant is current on all obligations (e. taxypropertytax, lease p_ayments, utilitypayments) to the city or has entered into an approved payment plan with the city on an.~gations owed.,and the applicant is in compliance with the a ent lan and if the ermit is for a use re uired to collect sales tax must show a valid boron sales tax account. If a timel a eal is filed ursuant to KMC 14.20.290 the ermit shall not be issued unless authorized b the Board of Ad'ustment. e Yearl re orts. The ermit holder shall submit a earl re ort between October 1 and December 31 to the administrative official. Such report shall include a summary of the on-site activity (fl Revocation for non-compliance/ Compliance notices. If the administrative official determines, based on the .~ early review or any other inyesti ation undertaken by the official, that the conduct of the operation(s) is not in compliance with: 1} the,terms and conditions of the permit; 2, the provisions of the Kenai Zoning Code; 3~or,that the permit holder is not current on anX obli ations e. .sales tax ro ert tax utilit a ents lease a ents to the cit unless the applicant has entered into an approved payment with the city obligations owed and the applicant is in compliance with the payment plan, the official may revoke the permit. The official shall not revoke the permit until the permit holder has been notified and given reasonable opportunity to correct the deficiency{s) or to provide information relating to or rebutting the alleged deflciency{s)~Appeals from decisions of the administrative official under this section shall be made in accordance with the rovisions of KMC 14.20.290. If the administrative official determines the ermit holder is in com Hance with the conditions in this ara ra h it shall send a notice of com Hance to the Commission and the ermit holder.