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HomeMy WebLinkAboutResolution No. PZ2010-25CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ 10 -25 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPT AN AMENDMENT TO KMC SECTION 14.20.050 TO REQUIRE THAT DESTROYED OR PARTIALLY DESTROYED NONCONFORMING STRUCTURES BE REMOVED UNLESS THE PARTIAL DESTRUCTION IS FIFTY PERCENT (50 OR LESS OF THE REPLACEMENT COST IN WHICH EVENT THE OWNER MUST OBTAIN A BUILDING PERMIT WITHIN TWELVE (12) MONTHS FROM THE DAMAGE OR DESTRUCTION OR REMOVE THE REMAINING STRUCTURE. WHEREAS, the Kenai Zoning Code regulates the uses of land and types of structures within the City; and, WHEREAS, if a lot, structure, or use of land and /or structures legally existed prior to the adoption of the Kenai Zoning Code, or amendments thereto, but the lot, structure, or use no longer meets the requirements of the Kenai Zoning Code, those structures and /or uses are permitted to continue, within certain limits, as legal nonconformities; and, WHEREAS, under the Kenai Zoning Code, nonconformities are allowed to continue until the nonconformity is removed or the nonconforming use ceases, subject to further regulation and restriction as set out under the Kenai Zoning Code; and, WHEREAS, with respect to non conforming structures, no such structure may be enlarged or altered in a way to increase its non conformity and, further if a structure is destroyed by more than 50% of its replacement cost at the time of destruction, the non conforming structure may not be reconstructed except in conformity with the Kenai Zoning Code; and, WHEREAS, there are several destroyed or partially destroyed structures in the City of Kenai where the structure was, before destruction or partial destruction, a nonconforming structure within the City but the structure has not been reconstructed and /or the structure has been destroyed by more than 50% of the replacement cost; and, WHEREAS, these destroyed or partially destroyed structures are unsightly, are injurious to neighboring properties and their values, and negatively impact the surrounding neighborhood; and, New Text Underlined; (DELETED TEXT BRACKETED] WHERAS, these destroyed or partially destroyed structures also create health and safety hazards to members of the community if allowed to persist; and, WHEREAS, it is desirable to require that owners of destroyed or partially destroyed structures remove the nonconforming structure, or remaining parts thereof, if the structure is not eligible to be reconstructed or if the owner has not obtained a building permit. NOW, THEREFORE, BE IT RECOMMENDED THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMEND KENAI MUNICIPAL CODE as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 14.20.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.050, is hereby amended as follows: 12.20.050 Nonconforming lots, structures, and uses. (a) Explanation. When a lot, structure, or use legally exists prior to the adoption of this ordinance but does not meet the requirements of this chapter, it shall be permitted to continue within the limits set forth in this section. Under such circumstances it is said to have "nonconforming" status. There are three (3) types of nonconforming status: (I) Nonconforming Lots. The lot, width, or acreage is smaller than the minimum permitted in the zone in which it is located; (2) Nonconforming Structures. The structure is designed to accommodate a nonconforming use or fails to meet yard, coverage, height, or other development requirements established for the zone in which it is located; (3) Nonconforming Uses of Land and /or Structures. The use to which land and /or structures is being put is not a principal, accessory, or conditional use permitted in the zone in which it is located, and is not otherwise permitted in this chapter. (b) Intent. There are lots, structures, and uses that exist and were lawful prior to the adoption of this ordinance which would be prohibited under the terms of this chapter or future amendments. It is the intent of this chapter to permit these nonconformities to continue until they are removed. Such uses are declared by this chapter to be incompatible with permitted uses in the zones involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, nor extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone. (c) Nonconforming Lots of Record. In any zone in which single family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single- family dwelling and accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the ordinance codified in this section. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, if the lot conforms to the New Text Underlined; [DELETED TEXT BRACKETED] regulation for the zone in which such lot is located. Exception to development requirements shall be obtained only through the variance procedures established in this chapter. (d) Nonconforming Structures. Where a lawful structure exists at the effective date of adoption or amendment of the ordinance codified in this section that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: (1) No such structure may be enlarged or altered in a way which increases its nonconformity; (2) Should such structure be partially or wholly destroyed by any means to an extent of more than fifty percent (50 of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter and the remaining structure must be removed within twelve (12) months of the date of destruction; (3) Should such structure be partially destroyed by any means to an extent of fifty percent (50 or less of its replacement cost at the time of destruction, a building permit may be issued to rebuild, restore, or repair the nonconforming structure within twelve (12) months of the date of damage. If a permit is not issued within that time period, the remaining structure must be removed within twelve (12) months of the date of destruction; provided however, that if reconstruction is delayed through litigation or other cause beyond the control of the owner, then the time of such delay shall not be considered when computing the 12 -month period; ([3]) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved. (e) Nonconforming Uses of Structures. If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of the ordinance codified in this section, said use may be continued so long as it remains otherwise lawful, subject to the following provisions: (1) No existing structures devoted to a use not permitted by this chapter in the zone in which it is located shall be enlarged, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the zone in which it is located; (2) Any nonconforming use may be extended throughout any part of a building which was arranged or designed for such use at the time of adoption or amendment of the ordinance codified in this section, but no such use shall be extended to occupy any land outside such building where such land was not so used at the effective date of adoption of the ordinance codified in this section; (3) If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the Commission shall find that the proposed use is equally appropriate or more New Text Underlined; [DELETED TEXT BRACKETED] appropriate to the zone than the existing nonconforming use. In permitting such change, the Commission may require appropriate conditions and safeguards in accord with the provisions of this chapter; (4) Any structure, or structure and land in combination, in or on which a non- conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed; (5) When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for twelve (12) consecutive months or for eighteen (18) months during any three (3) year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the zone in which it is located; (6) Where nonconforming use status applies to a structure and premises in combination, removal, or destruction of the structure shall eliminate the nonconforming status of the land. (f) Nonconforming Uses of Land. Where, at the effective date of adoption or amendment of the ordinance codified in this section, lawful use of land exists that is made no longer permissible under the terms of the ordinance as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions: (1) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance codified in this section; (2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinance codified in this section; (3) If any such nonconforming use of land ceases for any reason for a period of more than three hundred sixty -five (365) days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located. (g) General Provisions. (1) Signs and Display Devices. A nonconforming use of a structure, nonconforming use of land, or a nonconforming use of a structure and land, shall not be extended or enlarged after passage of this ordinance by attachment of additional signs to a building, or the placement of additional signs or display devices on the land outside of the building, or by the addition of other uses, if such additions are of a nature which would be prohibited generally in the zone involved except that this provision shall not be deemed to prohibit the replacement of one sign with another of like size. (2) Construction Begun Prior to Passage of the Ordinance Codified Herein. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the ordinance codified in this section and upon which actual building construction has New Text Underlined; [DELETED TEXT BRACKETED] been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, and demolition, elimination, and removal of an existing structure in connection with such construction, provided that actual construction work shall be diligently carried on until the completion of the building involved. (3) Repairs and Maintenance. On any nonconforming structure or on any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten percent (10 of the current replacement value of the building, provided that the cubical content of the building as it existed at the time of passage or amendment of the ordinance codified in this section shall not be increased. (h) Exception(s) 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: (i) An eight foot (8') 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 nonconforming use to expand, enlarge, or increase in intensity provided that: (i) 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 subsection; 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. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby New Text Underlined; [DELETED TEXT BRACKETED] declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF KENAI PLANNING AND ZONING COMMISSION RECOMMENDS COUNCIL ADOPT AN AMENDMENT TO KMC SECTION 14.20.050 TO REQUIRE THAT DESTROYED OR PARTIALLY DESTROYED NONCONFORMING STRUCTURES BE REMOVED UNLESS THE PARTIAL DESTRUCTION IS FIFTY PERCENT (50 OR LESS OF THE REPLACEMENT COST IN WHICH EVENT THE OWNER MUST OBTAIN A BUILDING PERMIT WITHIN TWELVE (12) MONTHS FROM THE DAMAGE OR DESTRUCTION OR REMOVE THE REMAINING STRUCTURE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, July 28, 2010. New Text Underlined; [DELETED TEXT BRACKETED]