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KUNALALA SKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ09 -35
A RESOLUTION OF' THE PLANNING AND ZONING COMMISSION OF' THE CITY OF
KENAI, ALASKA, RECOMMENDING THAT KMC 14.20.050 BE AMENDED BY ADDING
A PROVISION TO ALLOW LEGALLY NON-CONFORMING USES TO EXPAND.
WHEREAS, the City of Kenai has adopted the Kenai Zoning Code which is contained in
KMC 14.20; and,
WHEREAS, KMC 14.20.050 contains the rules regarding nonconforming lots,
structures and uses; and,
WHEREAS, KMC 14.20.050 does not allow for the expansion of nonconforming uses;
and,
WHEREAS, failure to allow expansion of nonconforming uses can be a hardship on
businesses and property owners where the underlying zoning is changed; and,
WHEREAS, there are situations where expansion of a nonconforming use is not
harmful to the surrounding property; and,
WHEREAS, the Kenai Zoning Code should contain a process to allow a property owner
to apply for a condition use permit to provide for expansion of a nonconforming use
upon such terms and conditions as the Planning and Zoning Commission deems
appropriate.
NOW, THEREFORE, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI,
ALASKA, amend Kenai Code of Ordinances by:
14.20.050 Non conforming lots, structures, and uses.
(h) Exception, to this Section,[
1. Outside Storage of Junk. Notwithstanding the provisions of this section,
no junked vehicle or junk shall be stored outside and no unenclosed junk or wrecking
yard shall be maintained in a location which is visible from a city or state road in any
zone. However, the Commission may grant a conditional use permit under the
procedure specified in this chapter allowing said use to continue for a specified period
of time if:
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PZ09 -35
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[(1)]f An eight (8') foot high sight- obscuring fence of good appearance has been
provided around said use.
2. The Planning and Zoning Commission may grant a Conditional Use
Permit allowing a non conforming use to expand, enlarge, or increase in intensity
provided that:
The use may not expand beyond the site, lot, or parcel as defined by the
legal description on the Certificate of Occupancy for a Nonconforming Use, or owned or
leased by the nonconforming use as of the date it became nonconforming in the event
there is no Certificate of Occupancy.
(ii) Uses which are nonconforming due to the number of residential units
may not add additional units.
(iii), The proposed modification will not result in further infringement of the
provisions of this ordinance; modifications shall comply with all regulations (other than
use restrictions) including but not limited to lot coverage, yard, height, open space,
density provisions, or parking requirements unless waived by the Commission through
a variance as provided in this chapter.
(iv) The nonconforming use must have been a permitted use in the prior zone
at the time it became a nonconforming use.
PASSED BY THE PLANNING AND ZONING COMMISSION
ALASKA, this 24th day of June 2009.
THE CITY OF KENAI,
CHAIRMAN