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Home My WebLink AboutPZ2001-55CITY OF KENAI PLANNING $v ZONING COMMISSION PZO1-55 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI THAT KMC 14.05.D20 BE AMENDED TO INCREASE THE FEE FOR APPLICATIONS FOR VARIANCES, ENCROACHMENTS, CONDITIONAL USE PERMITS, AND AMENDMENTS TO THE KENAI ZONING CODE OR THE OFFICIAL MAP FROM $100 TO $200. VARIOUS OTHER SECTIONS OF TITLE 14 ARE ALSO AMENDED TO REFLECT THIS CHANGE. WHEREAS, applications for variances, encroachments, conditional use permits and amendments to the zoning code and the official map require public hearings; WHEREAS, the code requires that public hearings be advertised and that property owners within 300' of the affected property be notified by mail; and WHEREAS, the current rate of $100 has not been changed since it was implemented in 1984; and WHEREAS, the cost of processing applications has increased; and WHEREAS, applicants should pay their own processing fees rather than having the general public pay them. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL CF THE CITY OF KENAI, ALASKA AMEND KMC 14.05.020 as follows: SECTION I 14.05.020 Fees. In order to defray the expenses connected with the consideration of applications for variances, [AND] encroachment ermits conditional use permits, and amendments to the Kenai, Zoning Code or Official Map, the person presenting the application shall pay [TO THE CITY CLERK] a fee in the amount of [ONE HUNDRED DOLLARS ($100.00)] two hundred dollars ($200. [A FEE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) SHALL ACCOMPANY AN APPLICATION FOR AMENDMENT TO THE KENAI ZONING CODE OR OFFICIAL MAP.] Whether an application is granted or denied by the Commission, the petitioner or applicant shall not be entitled to the return of the fee paid. SECTION II 14.20.150(b~(6~ Conditional Use Permits. Resolution PZO1-55 Page 2 of 4 (b) Applications. 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; (4j 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 (6) The appropriate fee as set out in 14.05.020. SECTION III 14.20.151 Application for conditioaal use permit for surface extraction of natural resources. An application for a conditional use permit to engage in the surface extraction of natural resaurces shall be in writing on a form supplied by the City of Kenai and shall be filed with the administrative official, along with the requisite fees as set out in 14.05.020. All applications shall be accompanied by the following documents and information: SECTION IV 14.20.180 Variance permits. (a) Intent: A 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 real property. (b) Permit Application: An application for a variance permit shall be filed in writing with the administrative official and signed by the owner of the property concerned. (1) The application shall contain the following: (A) A legal description of the property involved; (B) Plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. (C) [A NON-REFUNDABLE DEPOSIT/ADVERTISING] The appropriate fee [OF ONE HUNDRED DOLLARS (~ 100.00)] as set out in 14.05.020. (c) Review Criteria: The Commission shall establish a finding that all of the conditions have been found to exist as a prerequisite to issuance of a variance permit. (1) Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands ar structures in the same land use or zoning district. (2) The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not Resolution PZ01-55 Page 3 of 4 merely constitute pecuniary hardship or inconvenience. (3) The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. (4) The granting of a variance shall be the minimum variance that will provide far the reasonable use of the land and/or structure. (5) The granting of a variance shall not be based upon other non- conforming land uses or structures within the same land use or zoning district. (d) Public Hearing: The public hearing and notification procedure for a variance application shall be accomplished in accordance with the requirements of this chapter. [THE APPLICANT SHALL BE REQUIRED TO PAY A ONE HUNDRED DOLLAR ($100.00) NONREFUNDABLE FEE TO COVER THE COSTS OF THE PUBLIC HEARING NOTICE.] SECTION V 14.20.185 Encroachmi,ent permits. (a) Definitions. "Encroachment" means any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. (b) Intent. An encroachment permit is the relaxation of the development requirements of this chapter to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions. (c) Permit Application. An application for an encroachment permit shall be fled in writing with the City Planning Department and signed by the owner of the property concerned or representative of the owner. The appropriate [A] fee [OF ONE HUNDRED DOLLARS ($100.00)] as set out in 14.05.020 shall be paid [TO THE CITY OF KENAI] at the time the permit application is filed. SECTION VI 14.20.270 Amendment procedures. (a) Intent: This section. shall govern any amendment to the Kenai Zoning Code and Official Map. (b) Initiation of Zoning Code and Official Map Amendments. (1) Amendments to the Kenai Zoning Code and Official Map may be initiated by: (A) Kenai City Council; (B) Kenai Planning and Zoning Commission; (C) Submission of a petition by a majority of the property owners in the area to be rezoned; (D) Submission of a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; (E) Submission of a petition as provided by the Home Rule Charter of the City of Kenai. Resolution PZO 1-55 Page 4 of 4 {2) Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley rights-of way) unless the amendment enlarges an adjacent district boundary. (3] 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. (4) The zoning amendment request shall include the names and addresses of the applicant, a map showing the area involved, the present and proposed zoning, the appropriate [A NON-REFUNDABLE DEPOSIT/ADVERTISING] fee as set out in 14.05.020 [ONE HUNDRED DOLLARS ($100.00)]= and any other pertinent information requested by the City. SECTION VII 14.20.280 Public hearings and notifications. ~f~___Fees: Due to the costs involved.,in public hearings and notifications, any person filing an application, that reauires a public hearing sha11_pay anon-refundable fee as set out in KMC 14.05.020. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 24~ day of October 2001. airman A ST: