The URL can be used to link to this page

Home My WebLink AboutPZ07-28Suggested by: Administration CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ07-2$ A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT KMC 12.20.030 BE AMENDED BY BETTER DESCRIBING AND DEFINING WHAT CONSTITUTES PROHIBITED STORAGE OF "JUNK," "GARBAGE" AND "LITTER" UNDER THE CITY CODE. WHEREAS, KMC 12.20.030(a) currently prohibits the keeping of various kinds of debris and junk on property within the City of Kenai; and WHEREAS, the City Code does not provide a precise definition of what constitutes "garbage, "junk" or "litter"; and WHEREAS, better definitions and descriptions of prohibited activity are needed in KMC 12.20.030; and WHEREAS, it is in the best interest of the City of Kenai to amend KMC 12.30.030. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMEND KMC 12.20.030 as follows: X2.20.030 Debris and junk prohibited. (a) [NO OWNER, LESSEE, AGENT, TENANT, OR OCCUPANT SHALL ALLOW OR PERMIT ANY DEBRIS, JUNK, OR INDISCRIMINATE STORAGE OF MACHINERY, EQUIPMENT PARTS, LUMBER, OTHER MATERIAL, OR ANY ACCUMULATION OF GARBAGE, MANURE, OFFALS, RUBBISH, STAGNANT WATER, OR ANY FILTHY LIQUID OR SUBSTANCE, OR ANYTHING THAT IS OR MAY BECOME PUTRID OR OFFENSIVE TO BE OR REMAIN UPON HIS YARD, LOT, OR PREMISES, OR UPON ANY YARD, LOT, OR PREMISES OWNED OR CONTROLLED BY HIM.] The owner and the occupant of andprivate property in the city shall at all times maintain the premises free from significant accumulations of funk, garbage or litter that a reasonable person would find ,offensive. This section shall not rohibit the stora e of 'unk or litter in authorized rivate rece tacles for collection. A significant accumulation of junk or.litter on any. private property in the city contrary to this section is deemed to be a public nuisance. (b) No owner, lessee, agent tenant or occupant shall allow or permit slash to be or remain upon any Iot: 1) for longer than one hundred twenty (120) clays within the RU, RS 1, RS2, TSH, CC or CG zones; or 2) far longer than one hundred twenty {120) days on lots smaller than forty thousand (40,000) square feet within the C, RR, RS, IL, IH, R or ED zones. PZ07-28 Resolution Page 2 ~c,} Nothing in this chapter shall be construed to limit the lawful operation of a junkyard or storage yard. This section does not amend, alter or modify_the provisions of KMC 12.25 (abandoned vehicles). As used in this chapter,_the following words are defined in this section: "Garbage" means all putrescible wastes, except sewage and body waste, including food wastes resulting from the handling, preparation, cooking, or consumption of food or the cans, containers, wrappers, or other tangible items wasted or used alon with such materials." "Junk" means any worn-out, wrecked, scrapped, partially or fully dismantled or discarded tangible material, combination of materials or items that cannot without further alteration and reconditioning be used for their on ig nal purposes, including but not limited to appliances, building material, chemicals, equipment furniture, machinery, metal, rags, rubber, paper, used tires, plastics and wood. Stacked firewood or building materials stored for future use shall not constitute "dunk." "Litter" means all improperly discarded waste material, including but not limited to convenience food, beverage and other- product packages _or containers constructed of steel, aluminum, lass, paper, plastic and other natural and synthetic material, thrown ar deposited on the lands and waters within the boundaries of the city. "Occu ant" means the erson in ossession of the real ro ert on which the 'unk or litter is located. "Occupant" includes tenant and lessee. "Owner" means the owner of the real property_on which the funk or litter is located, or the agent of the owner. [{C}j"Slash" is defined as: branches and other residue left after the [CUTTING] felling of timber. Tree trunks trimmed free of roots and branches or cut firewood stacked and separated from branches and other residue of tree cutting shall not constitute "slash." PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 12th day of September 2007. HA RP S ATT ~...., ?' Public Hearing: July 11, 2007 Reconsidered: July 25, 2007 Postponed to: No time certain Work Session: August 8, 2007 Work Session: August 22, 2007 Public Hearing: September 12, 2007 .~, a-, .Y ~. ~,•'~ Suggested by: Administration CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ07-28 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT K 12.20.030 BE AMENDED BY BETTER DESCRIBING AND DEFINING WHAT C NSTITUTES ~ -~ PROHIBITED STORAGE OF "JUNK," "GARBAGE" AND "CITY R" UNDER THE CITY CODE. WHEREAS, KMC 12.20.030(a) currently prohibits the junk on property within the City of Kenai; and WHEREAS, the City Code does not provide a precise "junk" or "litter"; and , WHEREAS, better definitions and des iptions 12.20.030; and __ ~ WHEREAS, it is in the best interest t~ lty ir}~ of various kinds of debris and of what constitutes "gzubage, activity are needed in KMC of Kenai to amend KMC 12.30.030. NOW, THEREFORE, THE PLANNI~V~'AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMEND HE C CIL OF THE CITY OF KENAI, ALASKA, AMEND KMC 12.20.030 as follow 12.20.030 Debris a d u prohibited. (a) [NO OWNER, L SSEE, AGENT, TENANT, OR OCCUPANT SHALL ALLOW OR PERMIT ANY DEBRIS, JUNK, OR INDISCRIMINATE STORAGE OF MAC INERY, EQUIPMENT PARTS, LUMBER, OTHER MATERIAL' , OR A,NY ACCUMULATION OF GARBAGE, MANURE, OFFALS, RUBBISH, STAGNANT WATER, OR ANY FILTHY LIQUID OR SUBSTANCE, OR ANYTHING THAT IS OR MAY BECOME PUTRID OR OFFENSIVE TO BE OR REMAIN UPON HIS YARD, LOT, OR PREMISES, OR UPON ANY YARD, LOT, OR PREMISES OWNED OR CONTROLLED BY HIM.] Tf~e owner and the occut~ant of andprivate property in the cit,~l at {b} No owner, lessee, agent tenant or occupant shall allow or permit slash to be or remain upon any lot: 1) for longer than one hundred twenty {120) days within the RU, RS 1, RS2, TSH, CC or CG zones; or 2) for longer than one _.___. __~`j f i ( ~ L PZ07-28 Resolution Page 2 hundred twenty (120} days on lots smaller than forty thousand (40,000) square feet within the C, RR, RS, IL, IH, R or ED zones. ~ Nothin in this cha ter shall be construed to limit the lawful o erati ~unk and or stora a ard. This section does not amend alter or modif t e provisions of KMC 12.25 (abandoned vehicles). ~d,} As used in this cha ter the foilowin words are defined in is secti "Garbs e" means all utrescible wastes exce t sews e and bo waste inc food wastes resultin from the handlin re aration cookie or consum t foad or the cans containers wra ers or other tan ible it s wasted or use along with such materials." ~inao _of materials or itf con metal steel alur~in I~ ~ a er lastic and other natural thrown or e ited on the lands and waters withi 1e city. _s ,~ 1,.,.,,E,.a1 c4fl~,,.lh.r ~» on of [(C)]"Slash" is defined as: branches and other residue left after the cutting of timber. Tree trunks trimmed free of roots and branches or cut f rewood stacked and separated frgm branches and other residue of tree cutting shall not constitute "slash." PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 11th day of Jul.. CHAIRPERSON: ATTEST: