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KENA~ SKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ06-68
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT TITLE 14 OF THE KENAI
MUNICIPAL CODE AT KMC 14.22.010 (LAND USE TABLE) AND 14.20.320 BE
AMENDED TO PROVIDE FOR RESIDENTIAL DEVELOPMENT OF UP TO SEVEN OR
MORE FAMILY DWELLINGS AS A SECONDARY USE IN THE CENTRAL MIXED USE
ZONE AND PROVIDING FOR A DEFINITION OF "SECONDARY USE."
WHEREAS, the City of Kenai has created a Central Mixed Use Zone (CMU) at KMC 14.25.125;
and
WHEREAS, allowing residential development in the CMU Zone as a secondary use would
further the concept of a mixed use area; and
WHEREAS, allowing residential development as a secondary use would require the development
to be coupled with a principal permitted use; and
WHEREAS, a principal permitted use requiring alandscaping/site plan review should include
the secondary use in those plans; and
WHEREAS, the definitions section in KMC 14.20.320 should include a definition of "secondary
use."
NOW, THEREFORE, THE PLANNING & ZONING COMMISSION RECOMMENDS THE
COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14.22.010 and 14.20.320 AS
SHOWN 1N ATTACHMENTS A AND B:
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 1 lth day of October, 2006.
CHAIRMAN
AT T:
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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. Commercial or industrial development which
falls under the landscaping/site plans requirements of KMC 14.25 shall include any
secondary uses in the landscaping and site plans.
2. One (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.
Resolution No. PZ06-68 Attachment A
Page 4 of 5
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.
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. 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.
Resolution No. PZ06-68 Attachment A
Page 5 of 5
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.
"Accessory building" means a detached building, the use of which is appropriate,
subordinate, and customarily incidental to that of the main building or to the main
use of the land and which is located on the same lot as the main building or use. An
accessory building shall be considered to be a part of the main building when joined
to the main building by a common wall or when any accessory building and the
main building are connected by a breezeway.
"Accessory use" means a use customarily incidental and subordinate to the
principal use of the land, building, or structure and located on the same lot or parcel
of land.
"Administrative official" means the person charged with the administration and
enforcement of this chapter.
"Agricultural building" means a building used to shelter farm implements, hay,
grain, poultry, livestock, or other farm produce, in which there is no human
habitation and which is not used by the public.,
"Alley" means a public way designed and intended to provide only a secondary
means of access to any property abutting thereon.
"Alterations" means any change, addition, or modification in construction,
location, or use classification.
"Apartment house," see "Dwelling, multiple."
Resolution No. PZ06-68 Attachment B
Page 1 of 8
"Area building" means the total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings, exclusive of steps.
"Automobile wrecking" means the dismantling of used motor vehicles or trailers
or the storage or sale of parts from dismantled or partially dismantled, obsolete, or
wrecked vehicles.
"Bed and Breakfast" means a residential, owner-occupied dwelling in which
rooms are rented to paying guests on an overnight basis with no more than one (1)
meal served daily.
"Boardinghouse" means a building other than a hotel where lodging, with or
without meals, is provided for compensation for three (3) or more persons, on other
than day-to-day basis and which is not open to transient guests.
"Building" means any structure built for the support, shelter, or enclosure of
persons, animals, or property of any kind.
"Building Code" means the building code and/or other building regulations
applicable in the City.
"Building, existing" means a building erected prior to the adoption of the
ordinance codified in this chapter or one for which a legal building permit has been
issued.
"Building height" means the vertical distance from the "grade," as defined herein,
to the highest point of the roof.
"Building, principal or main" means a building in which is conducted the
principal or main use of the lot on which said building is situated.
"Cabin rentals" means the renting out of one or more individual, detached
dwelling units or buildings to provide overnight sleeping accommodations for a
period of less than thirty (30) consecutive days.
"Centerline" means the line which is in the center of a public right-of--way.
"City" means the City of Kenai, Alaska.
"Collector street" means a street located and designed for the primary purpose of
carrying through traffic and of connecting major areas of the City. Unless otherwise
designated by the Commission, collector street shall be defined on the plan for
streets and community facilities in the comprehensive development plan.
"Commission" means the Kenai Planning and Zoning Commission.
Resolution No. PZ06-68 Attachment B
Page 2 of 8
"Conditional use" means a use which is permitted under the terms of this chapter
provided that under the specified procedures, the Commission finds that certain
conditions, specified in this chapter are fulfilled. Conditional uses are listed in the
Land Use Table.
"Condominium" means a common interest ownership dwelling in which:
(1) Portions of the real estate are designated for separate ownership;
(2) The remainder of the real estate is designated for common ownership solely
by the owners of those portions;
(3) The undivided interests in the common elements are vested in the unit
owners. In the Land Use Table (KMC 14.22.010), "condominiums" shall be treated
as two or more family dwellings. For example, a four (4) unit condominium
building would be treated as a four (4) family dwelling.
"Coverage" means that percentage of the total lot area covered by the building
area.
"Dwelling" means a building or any portion thereof designed or used exclusively
for residential occupancy including one (1) family, two (2) family and multiple-
family dwellings, but not including any other building wherein human beings may
be housed.
"Dwelling unit" means one (1) or more rooms and a single kitchen in a dwelling
designed as a unit for occupancy by not more than one (1) family for living or
sleeping purposes.
"Dwelling, one-family" means any detached building containing only one (1)
dwelling unit.
"Dwelling, two-family" means any building containing only two (2) dwelling
units.
"Dwelling, multiple family" means any building containing three (3) or more
dwelling units.
"Essential service" means the erection, construction, alteration, or maintenance by
public utility companies or municipal departments or commissions, of underground
or overhead gas, electrical, steam, or water transmission or distribution systems,
collection, communication, supply, or disposal systems, including poles, wires,
mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals,
hydrants, and other similar equipment and accessories in connection therewith. This
definition shall not be interpreted to include public buildings.
Resolution No. PZ06-68 Attachment B
Page 3 of 8
"Family" means any number of individuals living together as a single
housekeeping unit in a dwelling unit.
"Fence, height" means the vertical distance between the ground directly under the
fence and the highest point of the fence.
"Floor area" means the total of each floor of a building within the surrounding
outer walls but excluding vent shafts and courts.
"Frontage" means all the property fronting on one side of a street between
intersection streets.
"Garage, private" means an accessory building or any portion of a main building
used in connection with residential purposes for the storage of passenger motor
vehicles.
"Garage, public" means any garage other than a private garage, available to the
public, operated for gain, and which is used for storage, repair, rental, greasing,
washing, servicing, adjusting, or equipping of automobiles or other vehicles.
"Grade (ground level)" means the average level of the finished ground at the
center of all walls to a building. In case walls are parallel to and within five (5) feet
of a public sidewalk, the ground level shall be measured at the sidewalk.
"Guest room" means any room in a hotel, dormitory, boarding, or lodging house
used and maintained to provide sleeping accommodations for one or more persons.
"Guide service" means any activity on any premises used for collecting or
returning persons from recreational trips when remuneration is provided for the
service.
"Home occupation" means an accessory use of a service character customarily
conducted with a dwelling, by the residents, which does not involve the conduct of
trade on the premises.
"Hotel" means a building or group of buildings containing more than five (5)
guest rooms used for the purpose of offering public lodging on a day-to-day basis
with or without meals.
"Junkyard" means any space one hundred (100) square feet or more of any lot or
parcel of land used for the storage, keeping, or abandonment of junk or waste
material, including scrap metals or other scrap materials, or for the dismantling,
demolition, or abandonment of automobiles, other vehicles, machinery, or any parts
thereof.
Resolution No. PZ06-68 Attachment B
Page 4 of 8
"Loading space" means an off-street space or berth on the same lot with a
building or structure to be used for the temporary parking of commercial vehicles
while loading or unloading merchandise or materials.
"Lodge" means a building or group of buildings containing five (5) or fewer guest
rooms used for the purpose of offering public lodging on a day-to-day basis with or
without meals.
"Lot" means a parcel of land occupied or to be occupied by a principal use and
having frontage on a public street.
"Lot, corner" means a lot situated at the junction of, and bordering on, two (2)
intersecting streets, two (2) platted rights-of--way, two (2) government easements, or
any combination thereof.
"Lot coverage" means that portion of the lot covered by buildings or structures
that require a building permit.
"Lot depth" means the horizontal distance separating the front and rear lot lines of
a lot and at right angles to its width.
"Lot line, front-corner lot" means the shortest street line of a corner lot.
"Lot line, front-interior lot" means a line separating the lot from the street.
"Lot line, rear" means a line that is opposite and most distant from the front lot
line, and in the case of irregular, triangular, or gore shaped lot, a line not less than
ten feet (10') in length, within a lot, parallel to and at the maximum distance from
the front lot line.
"Lot line, side" means any lot boundary line not a front lot line or a rear lot line.
"Lot width" means the mean horizontal distance separating the side lot lines of a
lot and at right angles to its depth.
"Manufactured housing" means a dwelling unit that meets Department of
Housing and Urban Development Standards for manufactured housing and is wider
than sixteen feet (16'), has a roof pitch of 4:12 or greater with roofing and siding
common to standard residential construction and is transported to the site and placed
on a permanent foundation.
"Mobile home" means a structure, which is built on a permanent chassis in
accordance with Department of Housing and Urban Development Standards 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
Resolution No. PZ06-68 Attachment B
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applying thereto, whether or not wheels, axles, hitch or other appurtenances of
mobility are removed and regardless of the nature of the foundation provided.
"Mobile home park" means a site with required improvements and utilities for the
long-term parking of mobile homes which may include services and facilities for the
residents.
"Modular home" means a dwelling constructed in modules or sections at a place
other than the building site, built to conform to Title 4 of the Kenai Municipal Code,
is transported to the site and then assembled and placed on a permanent foundation.
"Motel" means a group of one (1) or more detached or semi-detached buildings
containing two (2) or more individual dwelling units and/or guest rooms designed
for, or used temporarily by, automobile tourists or transients, with a garage attached
or parking space conveniently located to each unit, including groups designated as
auto courts, motor lodges, or tourist courts.
"Non-conforming lot" means a lot lawfully existing at the time this ordinance
became effective, which by reason of area or dimensions, does not meet the
development requirements for the zone in which it is located.
"Non-conforming structure" means a structure or portion thereof, lawfully
existing at the time this ordinance became effective, which by reason of its yards,
coverage, height, or other aspects of design, does not meet the development
requirements of this zone.
"Non-conforming use" means a use of a structure of land, or of a structure and
land in combination, lawfully existing at the time this ordinance became effective,
or established on the premises of a previous non-conforming use as specified in this
chapter, which is not in conformity with the uses permitted in the zone in which it
exists.
"Nursery, children's" means any home or institution used or maintained to
provide day care for children not more than seven (7) years of age.
"Parking space, private" means any automobile parking space, excluding
garages, not less than nine feet (9') wide and one hundred eighty (180) square feet in
total area.
"Parking space, public" means an area of not less than one hundred eighty (180)
square feet exclusive of drives or aisles giving access thereto in area accessible from
streets and alleys for the storage of passenger motor vehicles operated by individual
drivers.
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' "Person" means a natural person, his heirs, executors, administrators, or assigns,
and also including firm, partnership, or corporation, its or their successors and/or
assigns or the agent of any of the aforesaid.
"Planned Unit Residential Development" means an alternative method of
development a residential neighborhood under more flexible conditions that other
required in a specific zoning district.
"Principal use" means the major or predominant use of a lot or parcel of land.
"Profession" means an occupation or calling requiring the practice of a learned art
through specialized knowledge based on a degree issued by an institution of high
learning, e.g., Doctor of Medicine.
"Property owner" means the owner shown on the latest tax assessment roll.
"Recreational vehicle" means avehicular-type unit, primarily designed as
temporary living quarters for recreational camping, or travel use, which either has
its own motor power or is mounted on or drawn by another vehicle. Recreational
vehicles include, but are not limited to travel trailers, camping trailers, truck
campers, and motor homes.
"Recreational vehicle park" means an area established by a conditional use
permit for the parking of two (2) or more recreational vehicles on a temporary basis.
"Secondary use" (S) means a use allowed on a lot or parcel of land only if there is
also an allowed rp incipal use on the property
"Service station" means any building, structure, premises or other space used
primarily for the retail sale and dispensing of motor fuels, tires, batteries, and other
small accessories; the installation and servicing of such lubricants, tires, batteries,
and other small accessories; and such other services which do not customarily or
usually require the services of a qualified automotive mechanic.
"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, firm, association,
corporation, profession, business, or a commodity or product, which are visible
from any public street or highway and used to attract attention.
"State highway" means aright-of--way classified by the State of Alaska as a
primary or secondary highway.
"Street" means a public right-of--way used as a thoroughfare and which is
designed and intended to provide the primary means of access to property abutting
thereon.
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"Structure" means that which is built or constructed, an edifice or a building of
any kind, composed of parts joined together in some definite manner.
"Townhouse" means single-family dwelling units constructed in a series or group
of two (2) or more units separated from an adjoining unit by an approved party wall
or walls, extending from the basement of either floor to the roof along the linking lot
line.
"Use" means the purpose for which land or a building is arranged, designed, or
intended, or for which either land or a building is or may be occupied or maintained.
"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.
"Yard" means an open, unoccupied space, other than a court, unobstructed from
the ground to the sky, except where specifically provided by this ordinance, on the
same lot on which a building is situated.
"Yard, front" means a yard extending across the full width of the lot between the
front lot line of the lot and the nearest exterior wall of the building which is the
nearest to the front lot line.
"Yard, rear" means a yard extending across the full width of the lot between the
most rear main building and the rear lot line.
"Yard, side" means a yard on each side of a main building and extending from the
front lot line to the rear lot line. The width of the required side yard shall be
measured horizontally from the nearest point of a side lot line to the nearest part of
the main building.
"Zoning change" means the alteration or moving of a zone boundary; the
reclassification of a lot, or parcel of land, from one zone to another; and the change
of any of the regulations contained in this chapter.
"Zoning ordinance or ordinances" means the zoning ordinance of the City of
Kenai.
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