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KENA~ SKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ06-51
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT TITLE 14 BE AMENDED
TO ESTABLISH A CENTRAL MIXED USE ZONE AND VARIOUS PARTS OF THE KENAI
ZONING CODE BE AMENDED BY ADDING THE PROVISIONS TO ENCOMPASS THE
NEW ZONE, AND UPDATING PORTIONS OF THE LAND USE TABLE AT KMC
14.22.010.
WHEREAS, the City of Kenai Zoning Code does not have a zone designed for a mixture of
commercial and residential use; and,
WHEREAS, it is desirable to have a zone designed for a centrally located, pedestrian-friendly
area for general retail shopping, personal and professional services, entertainment and restaurants
to be mixed with residential uses; and,
WHEREAS, the 2003 City of Kenai Comprehensive Plan calls for the establishment of such a
central mixed use zone; and,
WHEREAS, such a zone would be called the Central Mixed Use zone (CMU); and,
WHEREAS, it is in the best interest of the City of Kenai to establish a Central Mixed Use zone
as described above; and,
WHEREAS, amending the Land Use Table categories of "Automotive Repair/Tire
Recapping/Rebuilding" to "Automotive Repair," "Sanitariums" to "Assisted Living," and
"Farming/Gardening and General Agriculture" to "Farming/General Agriculture" would aid in
better determining which uses are allowed in the various zones within the City; and,
WHEREAS, adding definitions of the terms farming, agriculture, assisted living, hospital and
assemblages will aid in better understanding land uses in the City of Kenai; and
WHEREAS, Footnote 21 of the Land Use Table should be amended to substitute "Development"
for "Setbacks" to better regulate lot size in the Central Commercial and Central Mixed Use
zones.
NOW, THEREFORE, THE PLANNING & ZONING COMMISSION RECOMMENDS THE
COUNCIL OF THE CITY OF KENAI, ALASKA AMEND THE FOLLOWING SECTIONS OF
THE KENAI MUNICIPAL CODE:
PZ06-51
SECTION I.
Page 2
KMC 14.20.125-A Central Mixed Use Zone (CMU) is enacted as set forth in
Attachment A.
SECTION II.
KMC 14.22.010-The Land Use Table and its footnotes are amended as set forth
in Attachment B.
SECTION III.
KMC 14.24.010 and 14.24.020-The Development Requirements Tables are
amended as set forth in Attachment C.
SECTION IV.
KMC 14.20.220-The Sign Code and Sign Code Table are amended as set forth
in Attachment D.
SECTION V.
KMC 14.20.320-The definitions are amended as set forth in Attachment E.
SECTION VI.
KMC 14.25.020-The Landscape/Site Plan Requirements are amended as set
forth in Attachment F.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this day of , 2006.
~~U
CHAIRMA
AT ST:
14.20.125 Central Mixed Use Zone (CMU ZONE)
(a) Intent: The CMU Zone is established provide a centrally located area with the
City for general retail shopping, personal and professional services, entertainment
establishments, restaurants and related businesses. The district is also intended to
accommodate a mixture of residential and commercial uses with conflict being
resolved in favor of business. The CMU Zone shall be designed to encourage
pedestrian movement throughout the area. Building and other structures within
the district should be compatible with one another and the surrounding area.
(b) Principal Permitted Uses: As allowed in the Land Use Table.
(c) Conditional Uses: As allowed in the Land Use Table and subject to the provisions
of this chapter.
(d) Accessory Uses: As defined. (See definitions in KMC 14.20.320)
(e) Home Occupations: Uses as allowed in this chapter
(f) Parking Requirements: As required by this chapter.
(g) Development Requirements (1) No open storage shall be located closer than
twenty-five feet (25') to the adjoining right-of--way of any collector street or main
thoroughfare. Any open storage in front or side yard visible from a collector street
shall be enclosed with aneight-foot (8') high commercial grade fence; (2) as set
forth in KMC 14.20.250(b)(4)(B).
(h) Landscaping: As required in KMC 14.25.
PZ06-51 Attachment A
Page 1 of 1
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14.22.010 Land Use Table 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. Qne (1)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 Homes" 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.
12. 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 to assure that the use will not be a nuisance to surrounding properties. The
Commission shall specify the conditions necessary to fulfill this requirement.
PZ06-51 Attachment B
Page 4 of 5
14. Allowed as a conditional use, provided that no indication of said use is evident from the
exterior of the mortuary.
15. Allowed, provided that the following conditions are met:
a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use
and any adjoining property in a residential zone.
b. Exits and entrances and off-street parking for the use shall be located to prevent
traffic hazards on the public streets.
16. See "Conditional Uses" section.
17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section.
18. Conditional Use allowed only on privately held property. Not allowed on government
lands.
19. Deleted by Ordinance 2144-2006.
20. The airport related uses allowed under this entry are aircraft approach zones per KMC
14.20.070(a), except that for properties contained inside the airport perimeter fence or
having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA
authorized uses are allowed.
21. [SETBACKS] Development for use shall be the same as those listed in the "Development
Requirements Tables" for the RU/TSH zones.
22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For
example, housing for teachers or students for a school in the zone.
23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For
example, a dormitory used to house students for a school or educational facility.
24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g. a
gift shop or coffee shop within another business).
25. Art studios, barbers, beauticians, dressmakers, dry cleaners and self-service laundries,
fitness centers, photographic studios, tailors, tanning salons and massage therapists.
26. Food services are allowed on a temporary or seasonal basis of not more than four (4)
months per year.
Attachment B
Page 5 of 5
14.24.010 Minimum lot area requirements.
KEY: N=Not allowed
DEVELOPMENT REQUIREMENTS TABLE
Zonin Districts
USES C/RR RRl RS RS1 RS2 RU/TSH IL/IH/CC/CG/CMU R ED LC
MINIMUM LOT
AREA
s ware feet
See individual sections
Single/Two/Three of Code for
Famil Dwellin 20,000 20,000 7,200 12,500 7,200 7,200 re uirements 20,000 20,000 12,500
Four Family
Dwellin 20,000 22,400 9,600 N N 7,200 N N 12,500
Five Family
Dwellin 22,400 N 12,000 N N 7,200 N N 12,500
Six Family
Dwellin 24,800 N 14,400 N N 7,200 N N 12,500
27,200 + 16,800 +
2,400 for 2,400 for
Seven or More each unit each unit
Famil Dwellin over 7 N over 7 N N 7,200 N N 12,500
Footnotes:
(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.
(3) Minimum lot size for non-residential uses in ED zone is 40,000 square feet.
(4) Minimum lot size for residential uses in the CMU zone is 7,200 square feet.
PZ06-51 Attachment C
Page 1 of 2
14.24.020 General Requirements.
DEVELOPMENT REQUIREMENTS TABLE
ZONING DISTRICT
USES
C/RR
RRl
RS
RSl
RS2
RU/TSH IL/IH/CC/
CG/CMU
R
ED
LC
MINIMUM LOT Width feet
90
90
60
60
60
60
90
90 90
MINIMUM LOT Size feet
Fronts 25 25 25 25 25 10 25 25 25
Side Z
One-Story s
Day-light Basement/Split Leve13
Two-Stor a
15
15
15
5
10
15
5
10
15
5
10
15
5
10
15
5
5
5 4 See individual
sections of
Code for
requirements
15
15
15
15
15
15
15
15
15
Rear 20 20 20 20 20 104 20 20 20
Maximum Lot Covera a 30% 30% 30% 30% 30% 40% 30% 30% 30%
Maximum Hei ht feet 35 35 35 35 35 35
Footnotes:
(1) Provided that the minimum front setback is measured from any right-of--way or access easement.
(2) Side setbacks are determined independently from the front view of the structure. Plat plan/As-built will
distinguish single and two-story portions of building to verify setback distances are met.
(3) Story is the portion of the 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 aone-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 all 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
e of the ground between the building and a line five (5) feet from the building.
(4) Except that for each story over two (2) stories, each side and rear yard 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.
PZ06-51 Attachment C
Page 2 of 2
14.20.220
(f) Signs are allowed as follows:
(1) Allowed Signs Not Requiring a Permit.
(A) Public signs erected by or on behalf of a governmental bod~post legal notices,
identify public property, conveypublic information, and direct or re ug late pedestrian or
vehicular traffic.
(B) Personal messa a signs of a total of not more than five (5) square feet containing
noncommercial messages.
~C) Traditional holiday decorations.
(D Temporary banners of not more than thirt -two (,32) square feet. No temporary banners
shall be installed or placed for a period to exceed thirty (30) da s~~y (90~y
ep riod.
(E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building
name. or street number.
(F Signs within a building or on a structure or fence located at an outdoor sportin eg vent,
Fortin fg acility or sports field.
(G) Temporary signs of not more than five (5) square feet advertising such items as "yard
sale," "garage sale," "property for sale," "open house," or "lemonade" maybe
displayed for one (1) week. Such signs must display the name, address and telephone
number of an adult person conducting/supervising such sale and must be dated.
(H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a
public right-of--way or another lot.
(I) Construction Signs. During construction, repair, or alteration of a structure, temporary
signs that denote the architectural or en ineering firm, contractor or builder that denote
the name of the structure and its use or occupants-to-be may be erected on the
construction site. Each sign shall be thirt -two (32) square feet or less in size and no
more than one (1) such sign shall be permitted for each architectural or en ing Bering
firm, contractor, builder, owner, or denoting the name, use and occupants-to-be of the
structure. Any of these may be combined on one (1) or more signs but the total square
footage of the si n~gns shall not exceed that set out above. All construction signs
shall be removed when the construction is completed.
(J) A fla og r insignia of anY nation, organization of nations, state, borough, ci , reli ious,
civic, fraternal organization, or educational institution except flags used in connection
with a commercial promotion or as an advertising device.
(K) Event Signs. One (1) unli htg ed sign of up to thirt -two 32~quare feet maybe
displayed for the purpose of announcing an event of civic, philanthropic, educational or
reli iog us organization. Si ng s may be installed no sooner than ten (10) da~prior to the
event announced and shall be removed within five (SLys after the event. No event
si ng s may be installed for a period exceeding thirt~30~days in any ninet~(90) day
period. The ninet~(90) damperiod begins on the first day the event si n is displaced.
Event signs shall contain the date of their placement.
(L) Real estate signs of thirt~32~ square feet or less used to advertise the sale or lease
of the property on which the sign is located.
PZ06-51 Attachment D
Page 1 of 8
(M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other
sins allowed.
~N) Political Signs. Political signs shall be removed within two (2) weeks after the date of
the election that the signs were displayed to promote; provided that signs erected for
any primary election that remain relevant to the following_general election maybe
maintained until two~2) weeks following the general election. If after reasonable
notice, such suns are not removed, the City may remove them and the candidate,
organization, or person who caused the si ng to be placed may be charged for said
removal.
(2) Allowed Si ng s Requiring a Permit.
(A) One~l) freestanding or marquee per lot of not more than sixt -f~64) square feet.
(B) Signs Identifying a Home Occupation. One (1) sign per use not exceedin five 5)
square feet. Such sign shall be no closer than ten feet (10') to any_property line or shall
be flat against the building No lighting is permitted.
(C) Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the
premises shall be permitted for churches, schools, community centers and public,
charitable or institutional uses. Such signs shall contain no more than thirt~32)
ware feet in area. Such si ng~s maybe used as wall si ng s; may be used as ground signs
when located a minimum often feet (10') from the street lot line; may be indirectly
illuminated.
(D) A permanent subdivision sign maybe placed at one (1) 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.
(3) Prohibited Signs.
(A) Audio signs.
(B) Beacon signs.
(C) Fence signs.
(D) Roof signs.
(E) Rotating signs.
(F) Unauthorized signs in the right-of--way or on city_property. Such si ng_ s may be removed
and disposed of without notice.
(G) Signs that are higher than twelve feet (12') above the adjacent ground or pavement
level.
(H) Signs containing_profane or indecent words or illustrations.
(I) Signs containing electrical equipment or electrical apparatus of any kind that causes
interference with radio, television, or telephone signals and reception.
(J) Suns placed on trailers or vehicles, which as parked or located are desi n
primarily to display said sign. This does not apply to signs or lettering on buses, taxis,
or vehicles operated in the normal course of business.
(K) Flashing or intermittent illumination are not permitted.
(L) Balloons or other inflatable or gas-filled figures or signs.
(M) Signs not mentioned in the code are prohibited.
(N) No sign shall be erected at any location where by reason of the position, shape,
intensity, or color of such si nit may interfere with, obstruct the view of or be confused
PZ06-51 Attachment D
Page 2 of 8
with any authorized traffic sign, signal or device. No sign shall be attached to any
traffic si^~n or signal device, or to any ublic sign or signpost.
(O) No signn other than public signs shall be placed within twent feet 20' of any
intersection as measured from the nearest intersection of street right-of--way lines.
(P) No off-premises commercial advertising signs, including billboards, except as allowed
in subsection (f)(1)(G) of this section, or at an outdoor sporting event, sports facility, or
worts field.
(Q) Portable signs.
[(f~] ~ Nonconforming Signs.
(1) After the enactment of this section, signs located within the City of Kenai on the effective
date of this section that do not conform to the requirements of this code shall be classified as
legal "nonconforming" signs if the sign was in compliance with applicable law on the date of
adoption of this code.
(2) A legal nonconforming sign shall immediately lose its legal nonconforming designation i£
(A) The sign is altered in any way in structure which tends to increase its nonconformity with
the requirements of this code;
(B) The sign structure is relocated;
(C) The sign (except for copy on a changeable copy sign) is replaced.
Upon the occurrence of subsections (f)(2)(A), (f)(2)(B) or (f)(2)(C) of this section, the sign
shall be immediately brought into compliance with this code with a new permit secured or it
shall be removed.
[(g)] ~ Specific Definitions Pertaining to Signs.
(1) "Applicant" means any for-profit or nonprofit enterprise, or organization, or any individual
not acting on behalf of such an enterprise or organization.
(2) "Audio sign" means a sign that emits a noise or sound, either spoken words, music, or
singing.
(3) "Banner" means a sign construction of flexible material, such as cloth, which moves upon
being subjected to pressure by the wind.
(4) "Beacon sign" means a light with one (1) or more beams capable of being directed in any
direction or directions or capable of being revolved.
(5) "Combination sign" means a sign incorporating any combination of the features of pole,
projecting, and roof signs.
PZ06-51 Attachment D
Page 3 of 8
(6) "Curb line" means the line at the face of the curb nearest to the street or roadway. In the
absence of a curb, the curb line shall be established by the City Engineer.
(7) "Display surface" means the area made available by the sign structure for the purpose of
displaying the advertising message.
(8) "Electric sign" means any sign containing electrical wiring, but does not include signs
illuminated by an exterior light source.
(9) "Fence sign" means a sign other than a real estate or home occupation sign displayed upon
fences or upon walls that are not an integral part of a building or walls that are used as fences.
(10) "Fin sign" means a sign that is supported wholly by a building or partly by poles and partly
by a building.
(11) "Ground sign" means a sign which is supported by one (1) or more uprights, poles, or
braces in or upon the ground other than a combination sign, fin sign, or pole sign as defined by
this Code.
(12) "Legal setback line" means a line established by ordinance beyond which a building may
not be built. A legal setback line may be a property line.
(13) "Marquee" means a permanent weatherproof structure attached to, supported by a building,
and projecting from the wall of the building.
(14) "Pole sign" means a sign wholly supported by a sign structure in the ground.
(15) "Political sign" means a sign promoting a candidate for political office, or promoting any
position on a ballot proposition.
(16) "Portable display surface" means a display surface temporarily fixed to a standardized
advertising structure that is regularly moved from structure to structure at periodic intervals.
(17) "Portable sign" means a sign other than a temporary sign that is not attached to any
building or structure. It may readily be moved from one (1) 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.
(18) "Projecting sign" means a sign other than a wall sign, which projects from and is supported
by a wall of a building or structure.
(19) "Real estate sign" means a sign advertising the sale, lease or rent of one (1) or more lots or
acreage or the improvements thereon by a real estate company or individual licensed by the State
of Alaska.
PZ06-51 Attachment D
Page 4 of 8
(20) "Roof sign" means a sign erected upon or above a roof or parapet of a building or structure.
(21) "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences,
emblems, devices, trade names, or trade marks by which anything is made known, such as are
used to designate an individual, a firm, an association, a corporation, a profession, a business, or
a commodity or product which are visible from any public street or highway and used to attract
attention.
(22) "Sign structure" means a structure that supports or is capable of supporting any sign as
defined in this code. A sign structure may be a single pole or poles and may or may not be an
integral part of a building.
(23) "Temporary sign" means any sign, banner, pennant, valance, or advertising display
constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or
without frames, designed to be displayed for a limited period of time only.
(24) "Wall sign" means any sign attached to, painted on, or erected against the wall of a building
or structure, with the exposed face of the sign in a plane parallel to the plane of the said wall.
PZ06-51 Attachment D
Page 5 of 8
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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 "person" 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 words "intended," "arranged" or "designed to be used or occupied."
(b) Specific Definitions. (ADD THE FOLLOWING TO EXISTING LIST:)
"A~riculture" means the science, art, and business of cultivating soil, producing crops, and
raising livestock; farming.
"Assemblages" means a large gathering of people for an event such as a concert, fair, or
circus."
"Assisted living" means a living arrangement in which people with special needs, especially
seniors with disabilities reside in a facility that provides help with ever~day tasks such as
bathing, dressing, and taking medication.
"Farming" means a tract of land cultivated for the purpose of commercial agricultural
production.
"Hospital" means an institution that provides medical, surgical, or psychiatric care and
treatment for the sick or the injured.
PZ06-51 Attachment E
Page 1 of 1
14.25.020 Application.
This chapter shall apply to all commercial and industrial development within the City of
Kenai and shall apply to both the landscaping and site plans. "Commercial and industrial
development" and "all development" shall be defined as any improvements requiring a building
permit for new construction or any improvements of twenty thousand dollars ($20,000) or more,
which adds square footage, located on properties within the Central Commercial (CC), General
Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH),
Light Industrial (IL), Central Mixed Use (CMU), and Education (ED) zoning districts or a
change of use as required in KMC 14.20.250 (a). It is unlawful for any person to construct, erect
or maintain any structure, building, fence or improvement, including landscaping, parking and
other facilities on property requiring alandscape/site plan unless such improvements are
constructed or reconstructed in a manner consistent with the approved plan.
PZ06-51 Attachment F
Page 1 of 1