HomeMy WebLinkAboutPZ09-40the city o f
KENAI. 56[61
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING AN AMENDMENT TO THE LAND USE TABLE IN
KMC 14.22.010 TO PROVIDE THAT TATTOO PARLORS AND MASSAGE THERAPISTS
REQUIRE A CONDITIONAL USE PERMIT IN THE TOWNSITE HISTORIC ZONE (TSH).
WHEREAS, currently personal services are a principal permitted use (P) in the TSH
Zone; and
WHEREAS, footnote 25 in the Land Use Table in KMC 14.22.010 describes personal
services as: art studios, barbers, beauticians, dressmakers, dry cleaners, self service
laundries, fitness centers, massage therapists, photographic studios, tailors, tanning
salons, and tattoo parlors; and,
WHEREAS, currently the allowed principal permitted uses in the TSH Zone include the
personal services of tattoo parlors and massage therapists; and,
WHEREAS, it is in the best interest of the citizens of the City of Kenai to amend KMC
14.22.010 to require a conditional use permit for tattoo parlors and massage therapists
in the TSH Zone.
NOW, THEREFORE, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI,
ALASKA, amend Kenai Municipal Code 14.22.010 as shown on Exhibit "A
PASSED BY THE PLANNING AND ZONING COMMISSI N OF THE CITY OF KENAI,
ALASKA, this 12th day of August 2009.
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ09 -40
New text underlined [DELETED TEXT BRACKETED AND ALL CAPS]
ZONING DISTRICTS
RESIDENTIAL
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
One Family Dwelling
C
P
P
P
P
P
P
P21
S
S
8
C
P
P
P
S /C
Two/Three Family Dwelling
C`
P
P
P
P
P
P
P
S
C
C
C
P
P
P
S
Four Family Dwelling
C1r
P
C
P
N
N
P
P
S
C
C
C22
NP
CS'/C
Five/Six Family Dwelling
Cu
C
N
P
N
N
P
P
C
C
N
N
P
CSI/C
Seven or More Family
Dwelling
C'
C
N
C
N
N
P
P
S`
C
C
N
N
P
C
S' /C
Townhouses
C'
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Mobile Home Parks
N
C
C
C
C
C
C
C
C
C
C
N
C
N
N
C
Planned Unit Residential
Development
C
C
C
C
C
C
C
C
C
C
C
N
C
C
CC
COMMERCIAL
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Automotive Sales
N
C
C
N
N
N
C
P
P
P
P
N
N
N
N
P
Automotive Service Stations
N
C
C
N
N
N
C
P
P
P
P
N
C
N
N
P
Banks
N
C
C
C
N
N
C
P
P
P
C
N
C
C
C
P
Business /Consumer
Services
N
C
C
C
N
N
C
P
P
P
C
N
C
C
C
P
Guide Service
N
C
C
C
N
N
C
P
P
P
P
NP
P
C
P
Hotels/Motels
N
C
C
C
N
N
C
P
P
P
C
N
C
P
C
P
Lodge
N
C
C
C
N
N
C
P
P
P
C
N
P
P
C
P
Professional Offices
N
C
C
C
N
N
P
P
P
P
P
N
C
P
P
P
Restaurants
N
C
C
C
N
N
C
P
P
P
C
N
C
C
C
P
Retail Business
N�
C
C
C
N
N
C
P
P
P
P
S
S
C
C
P
Wholesale Business
N
C
C
C
N
N
C
C
P
P
P
N
S
C
C
N
Theaters/Commercial
Recreation
N
C
C
C
N
N
C
P
P
C
C
N
P
C
C
P
Resolution PZ09 -40
Attachment "A"
14.22.010 Land use table.
KEY: P Principal Permitted Use
C Conditional Use
S Secondary Use
N Not Permitted
LAND USE TABLE
Page 1 of 4
NOTE: Reference footnotes on following pages for
additional restrictions
ZONING DISTRICTS
INDUSTRIAL
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
111
ED
R
TSH
LC
CMU
Airports and Related Uses
P
C
C
C
N
N
C
P
P
P
P
N
C
N
N
C
Automotive Repair
N
C
C
C
N
N
C
P
P
P
P
N
N
N
N
P
Gas Manufacturer /Storage
N
N
C
C
N
N
N
N
N
C
C
N
N
N
N
N
Manufacturing/Fabricating/
Assembly
N
C
C
C
N
N
C
C
P
P
P
N
C
C
N
C
Mini- Storage Facility
N
C
C
C
N
N
C
C
P
P
P
N
N
N
CC
Storage Yard
N
C
C
C
N
N
C
C
P
P
P
N
N
N
N
C
Warehouses
N
C
C
C
N
N
C
N
P
P
P
N
C
N
N
N
PUBLIC/
INSTITUTIONAL
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Charitable Institutions
C
C
C
C
C
C
P
P
P
P
P
P
C
P
C
P
Churches*
C
p
p t°
P I°
pt°
pr°
P i°
P I°
P i°
C
C
P
P t°
P
P
P
Clinics
C
C
C
C
C
C
C
P
PP
C
CC
C
P
P
Colleges*
C
C
C
C
C
C
C
P
P
C
C
P
C
C
C
P
Elementary Schools*
C
C
C
C
C
C
C
P
P
C
C
P
C
C
C
P
Governmental Buildings
C
C
C
C
C
CC
P
P
P
C
P
C
C
P
P
High Schools*
C
C
C
C
C
C
C
P
P
C
C
P
C
C
C
P
Hospitals*
C
C
C
C
C
C
C
P
P
P
C
C
C
C
C
P
Libraries*
C
C
C
C
C
C
C'
P
P
P
C
P
C
P
C
P
Museums
C
C
C
C
C
C
C
P
P
P
C
P
C
P
C
P
Parks and Recreation
P
C
C
C
C
C
C
P
P
P
P
PP
P
C
P
Assisted Living
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
MISCELLANEOUS
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Animal Boarding"
C
C
C
C
C
N
N
C
C
C
C
N
C
N
C
C
Bed and Breakfasts
C
C
C
C
C
CC
C
C
C
C
N
C
C
C
P
Cabin Rentals
C
C
C
C
N
N
N
P
P
P
C
N
P
P
C
P
Cemeteries
C
C
C
C
N
N
N
N
C
C
C
N
C
C
N
N
Crematories/Funeral Homes
N
C
N
C
N
N
C
C
C
C
C
N
C
C
C
C
Day Care Centers
C
C
C
C
C
C
C
P
P
P
C
C
C
C
P
P
Dormitories/Boarding
Houses
C
C
C
C
C
C
P
P
S
C
P
P
C
C
C
P
Essential Services
P
P
P
P
P
P
P
P
P
P
P
P
P
P
PP
Fanning/General
Agriculture
P
P
N
N
N
NN
N
N
N
P
N
P
N
N
N
Greenhouses/Tree
Nurseries"
C
C
C
C
C
C
C
P
P
P
C
N
C
C
C
P
Resolution PZ09 -40
Attachment "A"
KEY: P Principal Permitted Use
C Conditional Use
S Secondary Use
N Not Pennitted
LAND USE TABLE
Page 2 of 4
NOTE: Reference footnotes on following pages for
additional restrictions
14.22.010 LAND USE TABLE
ZONING DISTRICTS
MISCELLANEOUS
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CM
U
Gunsmithing, Printing,
Taxidermy
N
C
C
C
C
C
C
P
P
P
P
N
C
P
P
P
Assemblies" (Large:
Circuses, Fairs, Etc.)
C
C
C
C
C
C
C
P's
P rs
pis
p is
pis
C
p
N
pis
Fraternal Organizations/
Private Clubs /Social Halls
and Union Halls
N
C
C
C
C
C
C
P
P
P
C
N
C
P
C
P
Nursing, Convalescent or
Rest Homes
N
C
C
C
C
C
C
P
P
C
C
C
C
C
C
P
Parking, Off Street
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Parking, Public Lots
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Personal Services
C
C
C
C
C
C
C
P
P
P
P
C
C
P /C
P /C2s
P
Radio/TV
Transmitters /Cell Sites
P
P
C
C
C
C
C
P
P
P
P
P
C
C
C
P
Recreational Vehicle Parks
C
C
C
C
N
N
C
C
C
C
C
N
C
C
N
C
Subsurface Extraction of
Natural Resources
C
C
C
C
C
C
C
C
C
C
C
N
C
N
N
N
Surface Extraction of
Natural Resources
C
C
C
C
N
N
C
N
C
C
C
N
C
N
N
N
See 42 USCA Sec. 2000cc
See 42 Telecommunications
See, however, the limitations
Footnotes:
1. Allowed as a secondary
highways. Commercial
any secondary uses
2. One (1) single family
3. Allowed as a conditional
a. The usable
b. The site square
c. Yards around
in the RR zone;
d. Water and
e. The proposed
harmony with
values;
f. The buildings
spaces, and
g. There shall
anticipated
h. The development
designed;
i. The property
4. See "Townhouses"
5. See "Mobile Homes"
(Religious Land Use and Institutionalized
Act of 1996, Sec. 704(a)
imposed under KlvMC 3.10.070
use except on the ground floor
or industrial which falls under
in the landscaping and site plans.
residence per parcel, which is part
use, subject to satisfying the
area per dwelling unit shall be the
footage in area must be approved
the site, off street parking, and other
Persons Act of 2000)
of the part of the building fronting on collector streets and major
the landscaping/site plans requirements of KMC 14.25 shall include
of the main building.
following conditions:
same as that required for dwelling units in the RS zone;
by the Commission;
development requirements shall be the same as for principal uses
of all applicable health regulations;
a residential area of sustained desirability and stability; will be in
neighborhood, and will not adversely affect surrounding property
purposes and customary accessory uses, such as garages, storage
development, adequate recreation areas to serve the needs of the
of traffic in excess of the capacity for which the access streets are
group will not be adversely affected.
facilities shall meet the requirements
dwelling group will constitute
the character of the surrounding
shall be used only for residential
recreational and community activities;
be provided, as part of the proposed
population;
shall not produce a volume
adjacent to the proposed dwelling
section.
section.
Resolution PZ09 -40
Attachment "A"
KEY: P Principal Permitted Use
C Conditional Use
5 Secondary Use
N Not Permitted
Page 3 of 4
NOTE: Reference footnotes on following pages for
additional restrictions
Resolution PZ09 -40
Attachment "A"
Page4of4
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 Iocation 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 inet:
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 sunounding 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 perirneter fence or having access to aircraft movement areas, ramps, taxiways or
parking aprons, FAA authorized uses are allowed.
21. Developments for use shall be the same as those listed in the "Development Requirements Table" 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, tattoo parlors, dressmakers, dry cleaners and self service laundries, fitness centers,
photographic studios, tailors, tanning salons and massage therapists. In the TSH zone tattoo parlors and massage therapists
are allowed as a conditional use. In the LC zone dry cleaners, self service laundries, massage therapists, and tattoo parlors
are allowed as a conditional use. Personal Services not listed are conditional use.
26. Food services are allowed on a temporary or seasonal basis of not more than four (4) rnonths per year.