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HomeMy WebLinkAbout2011-05-11 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 11, 2011 - 7:00 p.m. 1. CALL TO ORDER: a. Pledge of Allegiance b. Roll Call c. Agenda Approval d. Consent Agenda e. *Excused Absences *All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *April 27, 2011 1 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: a. PZ11 -16 - A Resolution of the Kenai Planning And Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Title 14, Planning And Zoning to clarify what rates, charges, and fees are due as set forth in the city's fee schedule and making technical changes and corrections, including removing the appeal section for encroachment permits at KMC14.20.185, to clarify that appeals are subject to the process in KMC 14.20.290. Discussion /Set public hearing. 9 8. PENDING ITEMS: 9. REPORTS: a. City Council 89 b. Borough Planning 93 c. Administration Agenda May 11, 2011 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: 12. NEXT MEETING ATTENDANCE NOTIFICATION: May 11, 2011 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Page 2 CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS April 27, 2011- 7:00 p.m. 1. CALL TO ORDER: a. Pledge of Allegiance b. Roll Call c. Agenda Approval d. Consent Agenda e. *Excused Absences > Commissioner Navarre *All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *April 13, 2011 1 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ11 -09 — Preliminary Plat — Kenai Cemetery Expansion No. 2 (A subdivision of Lot 1 Kenai Cemetery Expansion (Plat No. 2009 -50 KRD) and USS 4969 and an unsubdivided parcel). Plat submitted by Integrity Surveys, 43335 Kalifornsky Beach Road, Suite #10, Soldotna, Alaska. 9 b. PZ11 -10 - Section Line Easement Vacation Plat Associated with Kenai Cemetery Expansion (Section Line Easements within S31, T6N, R11W & S6 T5N, R11W Seward Meridian). Plat submitted by Integrity Surveys, 43335 Kalifornsky Beach Road, Suite #10, Soldotna, Alaska. 13 5. PUBLIC HEARINGS: 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: a. Ordinance No. 2546 -2011 — An ordinance of the Council of the City of Kenai, Alaska, amending KMC 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the Rural Residential 1 (RR -1) zoning district including changing many "Conditional Uses" to uses "Not Permitted," and providing for certain "Conditional Uses" for properties along the Kenai Spur Highway within the RR -1 zoning district. 1 Discussion/Set public hearing. 17 8, PENDING ITEMS: 9. REPORTS: a. City Council 27 b. Borough Planning 31 c, Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: ➢ Memo dated 4/20/11 regarding OWB's 39 12. NEXT MEETING ATTENDANCE NOTIFICATION: May 11, 2011 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: 2 ITEM 1: CITY OF KENAI PLANNING & ZONING COMMISSION APRIL 27, 2011 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING CALL TO ORDER MINUTES Chair Twait called the meeting to order at approximately 7:00 p.m. 1 -a. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 1 -b. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. 1 -c. Agenda Approval H. Knackstedt, K. Koester, K. Rogers, T. Navarre, J. Twait, S. Romain P. Bryson City Planner M. Kebschull, Planning Assistant N. Carver, Council Member B. Gabriel, Deputy City Clerk C. Hall Commissioner Romain noted Commissioner Navarre was in attendance and would not require an excused absence. MOTION: Commissioner Romain MOVED to amend the agenda by moving Item 7 -a after Item 13, adjourning into a work session after Item 13, then returning to discuss Item 7 -a and approving the amended agenda. Commissioner Navarre SECONDED the motion. There were no objections. SO ORDERED. 1 -d. Consent Agenda MOTION: Commissioner Navarre MOVED to approve the consent agenda and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. 1 -e. *Excused Absences 3 • Commissioner Navarre Commissioner Navarre was in attendance. *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES - -April 13, 2011 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS 4 -a. PZI1 -09 - Preliminary Plat - Kenai Cemetery Expansion No. 2 (A subdivision of Lot 1 Kenai Cemetery Expansion (Plat No. 2009 -50 KRD) and USS 4969 and an unsubdivided parcel). Plat submitted by Integrity Surveys, 43335 Kalifornsky Beach Road, Suite #10, Soldotna, Alaska. MOTION: Commissioner Romain MOVED to approve PZ11 -09 with staff recommendations and Commissioner Rogers SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet and recommended approval. Twait read the rules of Public Hearing and opened the meeting to public comment. There being no one wishing to speak, the public hearing was closed. Commissioner comments included pleasure in seeing the dedication of roads. VOTE: Knackstedt YES Koester YES Rogers YES Navarre YES Twait YES Bryson ABSENT Romain YES MOTION PASSED UNANIMOUSLY. PLANNING AND ZONING COMMISSION MEETING APRIL 27, 2011 PAGE 2 4 4 -b. PZ11 -10 - Section Line Easement Vacation Plat Associated with Kenai Cemetery Expansion (Section Line Easements within. S31, T6N, R11W & S6 T5N, RI 1W Seward Meridian). Plat submitted by Integrity Surveys, 43335 Kalifornsky Beach Road, Suite #10, Soldotna, Alaska. MOTION: Commissioner Navarre MOVED to approve PZ11 -10 and Commissioner Rogers SECONDED the motion. Kebschull reviewed the staff report included in the packet noting the recommendation to the Borough Planning Commission to support the vacation. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: Knackstedt YES Koester YES Rogers YES Navarre YES Twait YES Bryson ABSENT Romain YES MOTION PASSED UNANIMOUSLY. ITEM 5: ITEM 6: ITEM 7: PUBLIC HEARINGS -- None UNFINISHED BUSINESS -- None NEW BUSINESS 7 -a. Discussion /Set Public Hearing -- Ordinance No. 2546 -2011 - An ordinance of the Council of the City of Kenai, Alaska, amending KMC 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the Rural Residential 1 (RR -1) zoning district including changing many "Conditional Uses" to uses "Not Permitted," and providing for certain "Conditional Uses" for properties along the Kenai Spur Highway within the RR -1 zoning district. (Clerk's Note: Item (7 -a) was heard after the work session.) ITEM 8: PENDING ITEMS -- None ITEM 9: REPORTS 9 -a. City Council -- Council Member Gabriel reviewed the action agenda of the April 20, 2011 City Council meeting which was included in the packet and noted the following: PLANNING AND ZONING COMMISSION MEETING APRIL 27, 2011 PAGE 3 5 • Cook Inlet Academy student Kelsey Leaf gave a presentation on her "Caring for the Kenai" Project regarding reforestation within the City and entitled, "Gift of Green." • Ms. Leafs project won first place in the competition held on April 21, 2011. • Appropriations were made and a contract awarded for the Water Treatment Facility. 9 -b. Borough Planning -- No report. 9 -c. Administration -- City Planner Kebschull reported approximately 80 people attended the Comprehensive Plan Collaborative Planning Session held on April 23, 2011 and, a draft ordinance regarding outdoor wood burning boilers would be presented to the Commission at a future meeting. ITEM 10: PERSONS PRESENT NOT SCHEDULED Mark Schrag, 312 Princess, Kenai -- Spoke about the process required to receive a building permit, noting his desire to stay within his original schedule. ITEM 11: INFORMATION ITEMS 11 -a. Memo dated 4/20/11 regarding Outdoor Wood Burning Boilers ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. May 11, 2011 No Commissioners requested an excused absence for the May 11, 2011 meeting. ITEM 13: COMMISSION COMMENTS & QUESTIONS Navarre - Empathized with Mr. Schrag regarding the permitting process, but noted it was best to follow the procedure. Rogers, Koester, Romain, Twalt -- No comments. Knackstedt -- Noted he attended the April 23, 2011 Comprehensive Plan Collaborative Planning Session and found it educational. CONVENED INTO WORK SESSION: 7 :22 p.m. BACK TO ORDER: 9:36 p.m. 7 -a. Discussion /Set Public Hearing -- Ordinance No. 2546 -2011 - An ordinance of the Council of the City of Kenai, Alaska, amending KMC 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the Rural Residential 1 (RR -1) zoning district including PLANNING AND ZONING COMMISSION MEETING APRIL 27, 2011 PAGE 4 6 changing many "Conditional Uses" to uses "Not Permitted," and providing for certain "Conditional Uses" for properties along the Kenai Spur Highway within the RR -1 zoning district. MOTION: Commissionner Romain MOVED to schedule a public hearing at the next Planning and Zoning Commission meeting and Commissioner Rogers SECONDED the motion. Commissioner comments included: • The discussion during the work session was good. • Commission was not ready to set a public hearing. • Suggested getting good input through the Comprehensive Plan process and then working on the Land Use Table. • Suggested the two neighborhoods work together. • Noted the Commission had to look at the City as a whole. • Thanked the public for their input. • Thanked Council Member Molloy for his work on the ordinance. VOTE: Knackstedt NO Koester NO Rogers NO Navarre NO Twait NO Bryson ABSENT Romain NO MOTION FAILED. ITEM 14: MOTION: ADJOURNMENT Commissioner Navarre MOVED to adjourn and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 9:52 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING APRIL 27, 2011 PAGE 5 7 °V llage with a Past, Gity with a Future MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907 - 283 -75351 FAX: 907 - 283 -3014 111111 1992 TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administration DATE: May 5, 2011 SUBJECT: Resolution PZ11 -16 — Amending Title 14 - Fees On February 2, 2011, Ordinance No 2528 -2011 was adopted by Council. This ordinance was a broad amendment to several chapters of the City code wherein fees were referenced. The ordinance removed specific dollar amounts and instead references fees as set forth in a City Fee Schedule. This ordinance included sections of Chapter 14, Planning and Zoning. However, after reviewing the amendment, it was discovered there were several references to fees that were not included in Ordinance No. 2528 -2011. This has resulted in an inconsistency in fees being charged for permits. For example under the new fee schedule, a Variance or Rezone permit costs $125 while an Encroachment continues at $100. Resolution PZ11 -16 is recommending an amendment to Title 14 to remove the inconsistency and place all fees in the comprehensive fee schedule. For reference, attached are a copy of Ordinance No. 2528 -2011 and a copy of the City's Schedule of Rates, Charges and Fees approved by Resolution 2011 -20 effective March 2, 2011. With consent of the Commission, a public hearing will be scheduled for the May 25th commission meeting. Attachments: Ordinance No. 2528 -2011 Schedule of Charges and Fees 9 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ11-16 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE TITLE 14, PLANNING AND ZONING TO CLARIFY WHAT RATES, CHARGES, AND FEES ARE DUE AS SET FORTH IN THE CITY'S FEE SCHEDULE AND MAKING TECHNICAL CHANGES AND CORRECTIONS, INCLUDING REMOVING THE APPEAL SECTION FOR ENCROACHMENT PERMITS AT KMC I4.20.185, TO CLARIFY THAT APPEALS ARE SUBJECT TO THE PROCESS IN KMC 14.20.290. WHEREAS, a comprehensive schedule of fees was initially approved by resolution of the Kenai City Council at Resolution 2011 -20; and, WHEREAS, additional changes are needed in Title 14 to clarify how rates, charges an dfees must be paid in conjunction with applications for certain permits such as encroachment permits and variances; and, WHEREAS, changes are also desirable to harmonize the appeals process by making drafting corrections not undertaken when the appeal processes of KMC 14.20.290 were established; and, WHEREAS, it is in the best interests of the City to make additional changes to Title 14 of the Kenai Municipal Code to further its efforts to include all City rates, charges, and fees in a comprehensive fee schedule and to make technical changes and corrections. NOW, THEREFORE, BE IT RESOLVED THAT THE THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMEND KENAI MUNICIPAL CODE TITLE 14, PLANNING AND ZONING as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 14.05.020 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.05.020, Fees, is hereby amended as follows: 14.05.020 Fees. In order to defray the expenses connected with the consideration of applications for amendment to the Kenai Zoning Code or Official Map and with the consideration of applications for [VARIANCES AND CONDITIONAL USE] permits, the person presenting the application shall pay to the City a fee in an amount as set forth in the City's New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ11 -16 - Page 1 10 schedule of fees adopted by the City Council. Whether an application is granted or denied by the Commission, the petitioner or applicant shall not be entitled to the return of the fee paid. Section 3. Amendment of Section 14.20.150 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.150, Conditional Use Permits, is hereby amended as follows: 14.20.150 Conditional use permits. (a) Intent: It is recognized that there are some uses that may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission may permit this type of use if the conditions and requirements listed in this chapter are met. The allowed uses are listed in the Land Use Table. Before a conditional use permit may be granted, the procedures specified in this chapter must be followed. (b) Applications: Applications for a conditional use permit shall be filed in writing with the Planning Department. The application shall include, but is not limited to, the following: (1) Name and address of the applicant; (2) Verification by the owner of the property concerned if other than the applicant; (3) A legal description of the property involved; (4) A description of the proposed use; (5) Dimensioned plot plans showing the location of all existing and proposed buildings or alteration, and such data as may be required; and (6) The appropriate fee as set forth in the City's schedule of fees adopted by the City Council. (c) Public Hearing: If the application is in order, a public hearing shall be scheduled in accordance with the requirements of KMC 14.20.280 of this title. (d) Review Criteria: Prior to granting a conditional use permit, it shall be established that the use satisfies the following conditions: (1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; (2) The value of the adjoining property and neighborhood will not be significantly impaired; (3) The proposed use is in harmony with the Comprehensive Plan; (4) Public services and facilities are adequate to serve the proposed use; (5) The proposed use will not be harmful to the public safety, health or welfare; (6) Any and all specific conditions deemed necessary by the [c]Commission to fulfill the above - mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. (e) Issuance of the Permit; Following approval by the Commission, the administrative official shall not issue the permit until the expiration of the New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ11 -16 - Page 2 11 fifteen (15) [ -]day appeal period contained in KMC 14.20.290. After approval by the Commission and before the issuance of the permit, the administrative official must determine that the applicant is current on all obligations (e.g., sales tax, property tax, lease payments, utility payments) to the city or has entered into an approved payment plan with the city on any obligations owed and the applicant is in compliance with the payment plan and (if the permit is for a use required to collect sales tax) must show a valid borough sales tax account. If a timely appeal is filed pursuant to KMC 14.20.290, the permit shall not be issued unless authorized by the Board of Adjustment. (f) Yearly Reports: The permit holder shall submit a yearly report between October 1st and December 31st to the administrative official. Such report shall include a summary of the on -site activity. (g) Revocation for Noncompliance /Compliance Notices: If the Commission determines, based on the yearly review or any other investigation undertaken by the official, that the conduct of the operation(s) is not in compliance with: 1) the terms and conditions of the permit; 2) the provisions of the Kenai Zoning Code; 3) or that the permit holder is not current on any obligations (e.g. sales tax, property tax, utility payments, lease payments) to the city unless the applicant has entered into an approved payment with the city on any obligations owed and the applicant is in compliance with the payment plan, the Commission may revoke the permit. The Commission shall not revoke the permit until the permit holder has been notified and given reasonable opportunity to correct the deficiency(s) or to provide information relating to or rebutting the alleged deficiency(s). Appeals from decisions under this section shall be made in accordance with the provisions of KMC 14.20.290. If the administrative official determines the permit holder is in compliance with the conditions in this paragraph, it shall send a notice of compliance to the Commission and the permit holder. (h) Modification of Final Approval: (1) An approved conditional use permit may, upon application by the permittee, be modified by the Planning and Zoning Commission; (a) When changed conditions cause the conditional use to no longer conform to the standards for its approval; (b) To implement a different development plan conforming to the standards for its approval. (2) The modification application shall be subject to a public hearing and the appropriate [A FILING] fee as set forth in the City's schedule of fees adopted by the City Council in order to help cover the costs of the public hearing notice. (i) Expiration — Extensions — Transferability: (1) An approved conditional use permit lapses twelve (12) months after approval if no building permit is procured or if the allowed use is not initiated. (2) The Commission may grant time extensions not to exceed six (6) months each upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. A request for an extension must be submitted prior to the expiration of the permit. A public hearing shall not be required prior to granting an extension of time. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZI 1 -16 - Page 3 12 (3) A conditional use permit shall automatically expire if for any reason the conditioned use ceases for a period of one (1) year or longer. (4) A conditional use permit is not transferable from one (1) parcel of land to another. Conditional use permits may be transferred from one (1) owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained. 0) A proposed conditional use permit shall not be considered if a substantially similar conditional use permit has been considered and denied within the nine (9) months immediately preceding. Section 4. Amendment of Section 14.20.151 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.151, Application for conditional use permit for surface extraction of natural resources, is hereby amended as follows: 14.20.151 Application for conditional use permit for surface extraction of natural resources. An application for a conditional use permit to engage in the surface extraction of natural resources shall be in writing on a form supplied by the City of Kenai and shall be filed with the administrative official, along with the appropriate [REQUISITE] fee[S] as set forth in the City's schedule of fees adopted by the City Council. All applications shall be accompanied by the following documents and information: (a) A site plan, drawn to scale, containing the following: (1) Graphic (and legal) description of the proposed area, including dimensions in feet and number of acres or square feet; (2) Existing topographical contours with not less than ten foot (10') contour intervals; (3) Proposed finished topographical contours (when extraction is completed) with not less than ten foot (10') contour intervals; (4) Existing and proposed buildings and structures on the site; (5) Principal access points which will be used by trucks and equipment, including ingress and egress points and internal circulation, especially the haul road from the public road to the proposed site of the pit; (6) Indication of the existing landscape features, including cleared areas, wooded areas, streams, lakes, marsh areas, and so forth; (7) Location and nature of other operations, if any, which are proposed to take place on the site. (b) A narrative statement containing the following information: (1) Soil surveys with reference to the average year -round water table throughout the entire acreage. Piezometers may be used to determine an average water depth; (2) Estimated amount of material to be removed from the site over the entire period of operation; (3) Estimated length of time to complete the operation, or, if the pit is to be operated on a continuing basis, a statement to that effect; (4) Proposed hours of operation; (5) Method of fencing or barricading the petition area to prevent casual access; New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ11 -16 - Page 4 13 (6) Amount and location of natural screening provided by trees and vegetation, if any, between the property lines and the proposed site of the pit; (7) Plans, if any to construct artificial screening; (8) Description of operations or processing which will take place on the site during and after the time the material is extracted; (9) Plan or program for regarding and shaping the land for future use; (10) Method of backfilling and /or replacing topsoil; (11) Proposed future use of the land after resources are extracted, including a proposed development plan showing location of houses, parks, lakes, etc.; (12) Other information which may pertain to the particular site. (c) Proof that the applicant has obtained or is eligible to obtain the necessary licenses required by state or federal agencies. (d) Proof that the applicant is the owner of the subject property. Section 5. Amendment of Section 14.20.180 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.180, Variance Permits, is hereby amended as follows: 14.20.180 Variance permits. (a) Intent. A "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. (b) Permit Application. An application for a variance permit shall be filed in writing with the administrative official and signed by the owner of the property concerned. (1) The application shall contain the following: (A) A legal description of the property involved; (13) Plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. (C) A nonrefundable fee as set forth in the City's schedule of fees adopted by the City Council. Review Criteria. The Commission shall establish a finding that all of the conditions have been found to exist as a prerequisite to issuance of a variance permit. (1) Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. (2) The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. (3) The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. (4) The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and /or structure. (5) The granting of a variance shall not be based upon other nonconforming land uses or structures within the same land use or zoning district. (c) New Text Underlined; [DELETED TEXT BRACKETED) Resolution PZ11 -16 - Page 5 14 (d) Public Hearing. The public hearing and notification procedure for a variance application shall be accomplished in accordance with the requirements of this chapter. The applicant shall pay a nonrefundable fee as set forth in the City's schedule of fees adopted by the City Council in order to help cover the costs of the public hearing notice. (e) Permit Expiration and Extension. An approved variance permit shall lapse twelve (12) months from the date of approval if the variance for which the permit was issued has not been implemented. The Commission may grant a time extension not to exceed six (6) months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of the permit. A public hearing shall not be required as a condition to granting the extension. (1) A proposed variance permit shall not be considered if a substantially similar variance permit has been considered and denied within the nine (9) months immediately preceding. Section 6. Amendment of Section 14.20.185 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.185, Encroachment permits, is hereby amended as follows: 14.20.185 Encroachment permits. (a) Definitions. "Encroachment" means any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. (b) Intent. An encroachment permit is the relaxation of the development requirements of this chapter to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions. (c) Permit Application. An application for an encroachment permit shall be filed in writing with the City Planning Department and signed by the owner of the property concerned or representative of the owner. A nonrefundable fee (OF ONE HUNDRED DOLLARS ($100.00)] as set forth in the City's schedule of fees adopted by the City Council, shall be paid to the City of Kenai at the time the permit application is filed. (1) The application shall contain the following: (A) A legal description of the property involved; (B) Plans showing the location of all existing buildings, rights -of -way or easements, setbacks, elevations, and any data pertinent to the application. (d) Review Criteria. The Planning Department shall submit the application to the Planning Commission for review and public hearing. The Planning Commission shall establish a finding that all of the conditions set forth in subsections (d)(1) through (d)(4) of this section have been found to exist before issuing an encroachment permit. (1) An encroachment as defined in KMC 14.20.185(a) exists. (2) The encroachment does not encroach upon a Federal, State or City right - of -way or utility easement. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZl 1 -16 - Page 6 15 (3) The issuance of the encroachment permit will not authorize a use which is not a principal permitted use in the zoning district in which the property is located. (4) The encroachment is not located across a platted lot line. (e) Public Hearing. The public hearing and notification procedure for an encroachment permit application shall be accomplished in accordance with the requirements of this chapter. (f) Unauthorized Encroachments. Unauthorized encroachments shall be immediately removed by the owner upon being given notice by the City. Notice shall consist of a written letter, sent by certified mail return receipt requested, or by personal service, explaining the violation and allowing twenty (20) days to remove the encroachment. (g) Expiration of Permit. Permits shall expire automatically upon termination or interruption of the use; damage to the building, structure, or object which makes it uneconomic to repair the building, structure, or object; or, the expiration of the useful life of the building, structure, or object, whichever comes first. [(h) RIGHT TO APPEAL. ANY REVOCATION, SUSPENSION, OR DENIAL OF AN ENCROACHMENT PERMIT BY THE PLANNING COMMISSION MAY BE APPEALED TO THE CITY COUNCIL BY FILING A WRITTEN NOTICE OF APPEAL WITH THE CLERK AND STATING THE GROUNDS FOR SUCH APPEAL. THE APPEAL NOTICE SHALL BE FILED WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF THE REVOCATION, SUSPENSION, OR DENIAL OF THE REQUEST FOR THE ENCROACHMENT PERMIT. ALL NOTICES OF APPEAL MUST COMPLY WITH SECTION 14.20.290.] (i) Administrative Exemption. The Administrative Official may grant an encroachment permit without a public hearing if the total encroachment, inclusive of all front, rear and side setbacks, does not exceed twelve inches (12 "); and provided that: (I) The allowed encroachment on any one (1) front, rear or side setback may not exceed ten percent (10 %) of the setback as contained in the Development Requirements Table, or twelve inches (12 "), whichever is less; and (2) The Administrative Official finds that the review criteria in KMC 14.20.185(d) are met. Section 7. Amendment of Section 14.20.220 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20,220, Signs, is hereby amended as follows: 14.20.220 Signs. (a) General Requirements. (1) A permit shall be obtained from the administrative official prior to the installation of any sign, nameplate, advertising sign or advertising structure except as provided in subsection (c) of this section. Construction and erection of signs shall be in accordance with this chapter, with Appendix H of the International Building Code and with the National Electrical Code, except that temporary signs need not be constructed according to Appendix H of the International Building Code. (2) When a building permit is obtained for the construction of a building, signs for that building that conform to this Code shall be considered as New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ11 -16 - Page 7 16 part of the valuation of that building. The fee for signs not covered by a building permit shall be [SET AS PROVIDED BY KMC 7.15.100] set forth in the City's schedule of fees adopted by the City Council. (3) A permit for a commercial advertising sign shall be issued only if the sign will be located on the premises advertised, or on the common property available for such purposes to all commercial occupants of a multiple commercial development such as malls. (4) Penalties for violations of this section shall be as set forth in KMC 14.20.260(e) . (5) if any of the provisions of this Code hereby adopted conflict with Appendix H of the International Building Code adopted by reference, the provisions of this Code will prevail. (6) Signs shall be erected and maintained plumb, level, and true and kept repaired, painted, and maintained. (7) The Building Official shall determine the area of all signs and shall classify all signs. (8) Existing signs for which no permit was obtained. When the owner of record of a lot or lessee of a lot on which a sign or signs are located that do not conform to the provisions of this Code has been notified that such sign or signs are nonconforming, the owner shall make the sign or signs conforming within ten (10) days from the date of such notice or remove the sign. (9) Relief from the provisions of this section may be provided by a variance as prescribed under KMC 14.20.180. (10) A permit issued under the provisions of this section shall become null and void if the sign erection or other work authorized by such permit is not commenced within ninety (90) days of the date of issuance, or if the sign display or work authorized by such permit is suspended or abandoned for a period of ninety (90) days any time after the display or work is commenced. (11) The City of Kenai or any other governmental agency may erect on- premises public informational signs as otherwise allowed in this section. Signs not otherwise in compliance with this section may be allowed by variance under KMC 14.20.180. For purposes of this section, legal notices, or signs directing or regulating pedestrian or vehicular traffic or public safety signs are not considered public informational signs. (b) Residential Zones. For the purposes of this section, the following shall be considered residential zones: RR, RS, RR -1, RS -1, RS -2, R and TSH. Signs are allowed in the residential zones as follows: (1) Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet, containing noncommercial messages or used to advertise the sale or lease of the property on which it is located. (C) Traditional holiday decorations. (D) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name and street number. New Text Underlined; [DELETED TEXT BRACKETED] Resolution P111 -16 - Page 8 17 (E) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (F) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property sale," "open house" or "lemonade" may be displayed for one week. Such signs must display the name, address and telephone of an adult person conducting /supervising such sale and must be dated. (G) Signs erected on a lot or lots screened or fenced so that no part is visible from a public right-of-way or another lot. (H) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architect, engineer, contractor, or builder or which denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be no more than thirty -two (32) square feet in size and no more than one such sign shall be permitted for each architect or engineering firm, contractor, builder, owner, or denoting the name, use, and occupants -to -be of the structure. Any of these may be combined on one or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the project is completed. (1) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (J) Events Signs. Unlighted signs of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. (K) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. (2) Allowed Signs Requiring a Permit. (A) Signs Identifying a Home Occupation. One (1) sign per use not exceeding five (5) square feet. Such sign shall be no closer than ten feet (10') to any property line or shall be flat against the building. No lighting is permitted. (B) Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the premises shall be permitted for churches, schools, community centers and public, charitable or institutional uses. Such signs shall contain no more than thirty -two (32) New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ11 -16 - Page 9 18 square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet (10') from the street lot line; may be indirectly illuminated. (C) Signs for Other Allowed and Conditional Uses. One (1) sign per use not to exceed thirty -two (32) square feet in area for multifamily dwellings, clubs, professional offices, churches, and other similar uses. Such signs shall be no closer than ten feet (10') to any property line or shall be flat against the building. (D) Signs for Nonconforming Uses. A nonconforming use in a residential zone may have one (1) sign per property, unlighted, and no larger than thirty -two (32) square feet in area. Such signs shall be no closer than ten feet (10') to any property line or shall be flat against the building. (E) A permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed thirty -two (32) square feet. Any illumination shall be by indirect means. (3) Prohibited Signs. (A) Audio signs. (B) Beacon signs. (C) Unauthorized signs in the right -of -way or on city property. Such signs may be removed and disposed of without notice. (D) Signs that are higher than thirty -two feet (32') above the adjacent ground or pavement level. (E) Signs containing profane or indecent words or illustrations. (F) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (G) Signs placed on trailers or vehicles, which as parked or located are designed to primarily [TO] display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles operated in the normal course of business. (H) Flashing or intermittent illumination are not permitted. (1) Balloons or other inflatable or gas - filled figures or signs. (J) Signs not mentioned in the code are prohibited. (K) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost. (L) No sign other than public signs shall be placed within twenty feet (20') of any intersection as rneasured from the nearest intersection of street right -of -way lines. (M) No off - premises commercial advertising signs, including billboards, except as allowed in subsection (b)(1)(F) of this section, or at an outdoor sporting event, sports facility, or sports field. (N) Portable signs. (0) Fence signs. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZI 1 -16 - Page 10 19 (c) Commercial, Industrial Zones and Education Zones. For purposes of this section, the following districts shall be considered commercial districts: CC, CG, IL, IH and ED. Signs are allowed in these districts as follows: (1) Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post.legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet containing noncommercial messages. (C) Traditional holiday decorations. (D) Temporary banners of not more than thirty -two (32) square feet. No temporary banners shall be installed or placed for a period to exceed thirty (30) days in any ninety (90) day period. (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (G) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property for sale," "open house," or "lemonade" may be displayed for one (1) week. Such signs must display the name, address and telephone number of an adult person conducting /supervising such sale and must be dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right -of -way or another lot. (1) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering firm, contractor or builder that denote the name of the structure and its use or occupants -to -be may be erected on the construction. site. Each sign shall be thirty -two (32) square feet or less in size and no more than one (I) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants -to -be of the structure. Any of these may be combined on one (1) or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. (J) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (K) Event Signs. One (I) unlighted sign of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement. New Text Underlined; [DELETED TEXT BRACKETED] Resolution P111 -16 - Page 11 20 (L) Real estate signs of thirty -two (32) square feet or less used to advertise the sale or lease of the property on which the sign is located. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other signs allowed. (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. (2) Allowed Signs Requiring a Permit. (A) One (1) freestanding or marquee per premises of not more than one hundred twenty (120) square feet. Where there is more than one (1) business on a premises a combined freestanding or marquee sign of not more than two hundred (200) square feet. (B) One (1) roof sign of not more than sixty -four (64) square feet. Where there is more than one (1) business on a premises, a combined roof sign of not more than one hundred twenty -eight (128) square feet. (C) Rotating signs are allowed, but may not exceed the square footage set forth above. (D) Real estate signs larger than thirty-two (32) square feet advertising the sale or lease of the property on which the sign is located. (E) Fence signs of not more than sixty -four (64) square feet. Where there is more than one (1) business on the premises, fence signs may not exceed one hundred twenty -eight (1.28) square feet. (3) Prohibited Signs. (A) Audio signs. (B) Beacon signs. (C) Unauthorized sign in the right -of -way or on City property. Such signs may be removed and disposed of without notice. (D) Portable changeable letter electric or nonelectric signs. (E) Signs, other than roof signs, which are higher than thirty -two feet (32') above the adjacent ground or pavement level. No roof sign shall be higher than eight feet (8') above the roof on which it is placed. (F) Signs containing profane or indecent words or illustrations. (G) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals or reception. (H) Signs placed on trailers or vehicles, which as parked or located are designed primarily to display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles, operated in the normal course of business. (1) Flashing or intermittent illumination signs are not permitted except time and temperature, automatic changing message signs and traditional holiday decorations. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZi I -16 - Page 12 21 (J) Balloons or other inflatable or gas - filled figures or signs. (K) Signs not mentioned in this code are prohibited. (L) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, or to any public sign or signpost. (M) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right -of -way lines. (N) No off-premises commercial advertising signs, including billboards, except as allowed under subsection (c)(1)(G) of this section, or at an outdoor sporting event, sports facility or sports field. (d) Limited Commercial Zone. Signs are allowed as follows: (1) Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet containing noncommercial messages. (C) Traditional holiday decorations. (D) Temporary banners of not more than thirty -two (32) square feet. No temporary banners shall be installed or placed for a period to exceed thirty (30) days in any ninety (90) day period. (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (G) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property for sale," "open house," or "lemonade" may be displayed for one (1) week. Such signs must display the name, address and telephone number of an adult person conducting/ supervising such sale and must be dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right -of -way or another lot. (I) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering firm, contractor or builder that denote the name of the structure and Its use or occupants -to -be may be erected on the construction site. Each sign shall be thirty -two (32) square feet or less in size and no more than one (1) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants -to -be of the structure. Any of these may be combined on one (1) or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. (J) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ11 -16 - Page 13 22 educational institution except flags used in connection with a commercial promotion or as an advertising device. (K) Event Signs. One (1) unlighted sign of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) clays prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement. (L) Real estate signs of thirty -two (32) square feet or less used to advertise the sale or lease of the property on which the sign is located. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other signs allowed. (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided, that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for the removal. (2) Allowed Signs Requiring a Permit. (A) One (1) freestanding or marquee per lot of not more than thirty - two (32) square feet. (B) Signs Identifying a Horne Occupation. One (1) sign per use not exceeding five (5) square feet. Such sign shall be no closer than ten feet (10') to any property line or shall be flat against the building. No lighting is permitted. (C) Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the premises shall be permitted for churches, schools, community centers and public, charitable or institutional uses. Such signs shall contain no more than thirty -two (32) square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet (10') from the street lot line; may be indirectly illuminated. (D) A permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed thirty -two (32) square feet. Any illumination shall be by indirect means. (3) Prohibited Signs. (A) Audio signs. (B) Beacon signs. (C) Roof signs. (D) Unauthorized signs in the right -of -way or on city property. Such signs may be removed and disposed of without notice. (E) Signs that are higher than ten feet (10') above the adjacent ground or pavement level. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ1 1 -16 - Page 14 23 (F) Signs containing profane or indecent words or illustrations. (G) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (H) Signs placed on trailers or vehicles, which as parked or located are designed to primarily [TO] display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles operated in the normal course of business. (1) Flashing or intermittent illumination are not permitted. (J) Balloons or other inflatable or gas - filled figures or signs. (K) Signs not mentioned in the code are prohibited. (L) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost. (M) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right -of -way lines. (N) No off - premises commercial advertising signs, including billboards, except as allowed in subsection (b)(1)(F) of this section, or at an outdoor sporting event, sports facility, or sports field. (0) Portable signs. (e) Signs Allowed in the Conservation Zone. Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (f) Central Mixed Use Zone. Signs are allowed as follows: (1) Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet containing noncommercial messages. (C) Traditional holiday decorations. (D) Temporary banners of not more than thirty-two (32) square feet. No temporary banners shall be installed or placed for a period to exceed thirty (30) days in any ninety (90) day period. (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (G) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property for sale," "open house," or "lemonade" may be displayed for one (1) week. Such signs must display the name, address and telephone number of an adult person conducting/ supervising such sale and must be dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right-of-way or another lot. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ11 -16 - Page 15 24 (I) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering firm, contractor or builder that denote the name of the structure and its use or occupants-to-be may be erected on the construction site. Each sign shall be thirty -two (32) square feet or less in size and no more than one (1) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants -to -be of the structure. Any of these may be combined on one (1) or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. (J] A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (K) Event Signs. One (1) unlighted sign of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) clays in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement. (L) Real estate signs of thirty -two (32) square feet or less used to advertise the sale or lease of the property on which the sign is located. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other, signs allowed. (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. (2) Allowed Signs Requiring a Permit. (A) One (1) freestanding or marquee per lot of not more than one hundred twenty (120) square feet. Where there is more than one (1) business on a premises, a combined freestanding or marquee sign of not more than two hundred (200) square feet. (B) Signs Identifying a Horne Occupation. One (1) sign per use not exceeding five (5) square feet. Such sign shall be no closer than ten feet (10') to any property line or shall be flat against the building. No lighting is permitted. (C) Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the premises shall be permitted for churches, schools, community centers and public, charitable or institutional New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ11 -16 - Page 16 25 uses. Such signs shall contain no more than thirty -two (32) square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet (10') from the street lot line; may be indirectly illuminated. (D) A permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed thirty -two (32) square feet. Any illumination shall be by indirect means. (3) Prohibited Signs. (A) Audio signs. (B) Beacon signs. (C) Fence signs. (D) Roof signs. (E) Rotating signs. (F) Unauthorized signs in the right -of -way or on city property. Such signs may be removed and disposed of without notice. (G) Signs that are higher than twenty feet (20') above the adjacent ground or pavement level. (H) Signs containing profane or indecent words or illustrations. (1) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (J) Signs placed on trailers or vehicles, which as parked or located are designed to primarily [TO] to display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles operated in the normal course of business. (K) Flashing or intermittent illumination are not permitted. (L) Balloons or other inflatable or gas - filled figures or signs. (M) Signs not mentioned in the code are prohibited. (N) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost, (0) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right -of -way lines. (P) No off - premises commercial advertising signs, including billboards, except as allowed in subsection (f) (1) (G) of this section, or at an outdoor sporting event, sports facility, or sports field. (Q) Portable signs. (g) Nonconforming Signs. (1) After the enactment of this section, signs located within the City of Kenai on the effective date of this section that do not conform to the requirements of this code shall be classified as legal "nonconforming" signs if the sign was in compliance with applicable law on the date of adoption of this code. (2) A legal nonconforming sign shall immediately lose its legal nonconforming designation if: New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ11 -16 - Page 17 26 (A) The sign is altered in any way in structure which tends to increase its nonconformity with the requirements of this code; (B) The sign structure is relocated; (C) The sign (except for copy on a changeable copy sign) is replaced. Upon the occurrence of subsection (g) (2) (A) , (g) (2) (B) or (g) (2) (C) of this section, the sign shall be immediately brought into compliance with this code with a new permit secured or it shall be removed. (h) Specific Definitions Pertaining to Signs. (1) "Applicant" means any for - profit or nonprofit enterprise, or organization, or any individual not acting on behalf of such an enterprise or organization. (2) "Audio sign" means a sign that emits a noise or sound, either spoken words, music, or singing. (3) "Banner" means a sign construction of flexible material, such as cloth, which moves upon being subjected to pressure by the wind. (4) "Beacon sign" means a light with one (1) or more beams capable of being directed in any direction or directions or capable of being revolved. (5) "Combination sign" means a sign incorporating any combination of the features of pole, projecting, and roof signs. (6) "Curb line" means the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the City Engineer. (7) "Display surface" means the area made available by the sign structure for the purpose of displaying the advertising message. (8) "Electric sign" means any sign containing electrical wiring, but does not include signs illuminated by an exterior light source. (9) "Fence sign" means a sign other than a real estate or home occupation sign displayed upon fences or upon walls that are not an integral part of a building or walls that are used as fences. (10) "Fin sign" means a sign that is supported wholly by a building or partly by poles and partly by a building. (11) "Ground sign" means a sign which is supported by one (1) or more uprights, poles, or braces in or upon the ground other than a combination sign, fin sign, or pole sign as defined by this code. (12) "Legal setback line" means a line established by ordinance beyond which a building may not be built. A legal setback line may be a property line. (13) "Marquee" means a permanent weatherproof structure attached to, supported by a building, and projecting from the wall of the building. (14) "Pole sign" means a sign wholly supported by a sign structure in the ground. (15) "Political sign" means a sign promoting a candidate for political office, or promoting any position on a ballot proposition. (16) "Portable display surface" means a display surface temporarily fixed to a standardized advertising structure that is regularly moved from structure to structure at periodic intervals. (17) "Portable sign" means a sign other than a temporary sign that is not attached to any building or structure. It may readily be moved from one (1) location to another. It is designed to rest on the ground when New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZl 1 -16 - Page 18 27 displayed and may be with or without its own wheels. It may or may not be lighted. (18) "Projecting sign" means a sign other than a wall sign, which projects from and is supported by a wall of a building or structure. (19) "Real estate sign" means a sign advertising the sale, lease or rent of one (1) or more lots or acreage or the improvements thereon by a real estate company or individual licensed by the State of Alaska. (20) "Roof sign" means a sign erected upon or above a roof or parapet of a building or structure. (21) "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, a firm, an association, a corporation, a profession, a business, or a commodity or product which are visible from any public street or highway and used to attract attention. (22) "Sign structure" means a structure that supports or is capable of supporting any sign as defined in this code. A sign structure may be a single pole or poles and may or may not be an integral part of a building. (23) "Temporary sign" means any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without frames, designed to be displayed for a limited period of time only. (24) "Wall sign" means any sign attached to, painted on, or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the said wall. Section 8. Amendment of Section 14.20.270 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.270, Amendment procedures, is hereby amended as follows: 14.20.270 Amendment procedures. (a) Intent. This section shall govern any amendment to the Kenai Zoning Code and Official Map. (b) Initiation of Zoning Code and Official Map Amendments. (1) Amendments to the Kenai Zoning Code and Official Map may be initiated by: (A) Kenai City Council; (B) Kenai Planning and Zoning Commission; (C) Submission of a petition by a majority of the property owners in the area to be rezoned; (D) Submission of a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; (E) Submission of a petition as provided by the Home Rule Charter of the City of Kenai. (2) Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley rights -of -way) unless the amendment enlarges an adjacent district boundary. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ11 -16 - Page. 19 28 (3) A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. (4) The zoning amendment request shall include the names and addresses of the applicant, a map showing the area involved, the present and proposed zoning, a non - refundable [DEPOSIT /ADVERTISING] fee as set forth in the City's schedule of fees adopted by the City Council, and any other pertinent information requested by the City. (c) Amendment Procedure: (1) A completed application, as described in this section, shall be submitted to the administrative official. The administrative official shall schedule a public hearing and make notification arrangements. (2) The Commission shall hold a public hearing in accordance with the requirements of this chapter. (3) The Commission shall, upon public hearing, forward its written recommendation to the Kenai City Council, along with all certified minutes and public records relating to the proposed amendment. (4) The Kenai City Council in accordance with the provisions of the Kenai Municipal Code, may or may not adopt the amendment as a City ordinance. Section 9. 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 declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 10. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. Dated at Kenai, Alaska this day of , 2011. Chair: ATTEST: New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZI 1 -16 - Page 20 29 tits cloy of KENAv SKA CITY OF KENAI ORDINANCE NO. * -2011 Sponsored by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE TITLE 14, PLANNING AND ZONING, TO CLARIFY WHAT RATES, CHARGES, AND FEES ARE DUE AS SET FORTH IN THE CITY'S FEE SCHEDULE AND MAKING TECHNICAL CHANGES AND CORRECTIONS, INCLUDING REMOVING THE APPEAL SECTION FOR ENCROACHMENT PERMITS AT KMC 14.20.185, TO CLARIFY THAT APPEALS ARE SUBJECT TO THE PROCESS IN KMC 14.20.290. WHEREAS, a comprehensive schedule of fees was initially approved by resolution of the Kenai City Council at Resolution 2011 -20; and, WHEREAS, additional changes are needed in Title 14 to clarify how rates, charges and fees must be paid in conjunction with applications for certain permits such as encroachment permits and variances; and, WHEREAS, changes are also desirable to harmonize the appeals process by making drafting corrections not undertaken when the appeal processes of KMC 14.20.290 were established; and, WHEREAS, it is in the best interests of the City to make additional changes to Title 14 of the Kenai Municipal Code to further its efforts to include all City rates, charges, and fees in a comprehensive fee schedule and to make technical changes and corrections. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance, Section 2. Amendment of Section 14.05.020 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.05.020, Fees, is hereby amended as follows: 14.05.020 Fees. In order to defray the expenses connected with the consideration of applications for amendment to the Kenai Zoning Code or Official Map and with the consideration of applications for (VARIANCES AND CONDITIONAL USE] permits, the person presenting the application shall pay to the City a fee in an amount as set forth in the City's schedule of fees adopted by the City Council. Whether an application is granted or denied by the Commission, the petitioner or applicant shall not be entitled to the return of the fee paid. New Text Underlined; ]DELETED TEXT BRACKETED] 30 Ordinance No. * -2011 Page 2 of 24 Section 3. Amendment of Section 14.20.150 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.150, Conditional use permits, is hereby amended as follows: 14.20.150 Conditional use permits. (a) Intent: It is recognized that there are some uses that may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission may permit this type of use if the conditions and requirements listed in this chapter are met. The allowed uses are listed in the Land Use Table. Before a conditional use permit may be granted, the procedures specified in this chapter must be followed. (b) Applications: Applications for a conditional use permit shall be filed in writing with the Planning Department. The application shall include, but is not limited to, the following: (1) Name and address of the applicant; (2) Verification by the owner of the property concerned if other than the applicant; (3) A legal description of the property involved; (4) A description of the proposed use; (5) Dimensioned plot plans showing the location of all existing and proposed buildings or alteration, and such data as may be required; and (6) The appropriate fee as set forth in the City's schedule of fees adopted by the City Council. (c) Public Hearing: If the application is in order, a public hearing shall be scheduled in accordance with the requirements of KMC 14.20.280 [OF THIS TITLE] . (d) Review Criteria: Prior to granting a conditional use permit, it shall be established that the use satisfies the following conditions: (1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; (2) The value of the adjoining property and neighborhood will not be significantly impaired; (3) The proposed use is in harmony with the Comprehensive Plan; (4) Public services and facilities are adequate to serve the proposed use; (5) The proposed use will not be harmful to the public safety, health or welfare; and, New Text Underlined; DELETED TEXT BRACKETED] 31 Ordinance No. * -201 1 Page 3 of 24 (e) (6) Any and all specific conditions deemed necessary by the [c]Commission to fulfill the above- mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Issuance of the Permit: Following approval by the Commission, the administrative official shall not issue the permit until the expiration of the fifteen 115) [ -]day appeal period contained in KMC 14.20.290. After approval by the Commission and before the issuance of the permit, the administrative official must determine that the applicant is current on all obligations (e.g., sales tax, property tax, lease payments, utility payments) to the city or has entered into an approved payment plan with the city on any obligations owed and the applicant is in compliance with the payment plan and (if the permit is for a use required to collect sales tax) must show a valid borough sales tax account. If a timely appeal is filed pursuant to KMC 14.20.290, the permit shall not be issued unless authorized by the Board of Adjustment. Yearly Reports: The permit holder shall submit a yearly report between October 1st and December 31st to the administrative official. Such report shall include a summary of the on -site activity. Revocation for Noncompliance /Compliance Notices: If the Commission determines, based on the yearly review or any other investigation undertaken by the official, that the conduct of the operation(s) is not in compliance with: 1) the terms and conditions of the permit; 2) the provisions of the Kenai Zoning Code; 3) or that the permit holder is not current on any obligations (e.g. sales tax, property tax, utility payments, lease payments) to the city unless the applicant has entered into an approved payment with the city on any obligations owed and the applicant is in compliance with the payment plan, the Commission may revoke the permit. The Commission shall not revoke the permit until the permit holder has been notified and given reasonable opportunity to correct the deficiency(s) or to provide information relating to or rebutting the alleged deficiency(s). Appeals from decisions under this section shall be made in accordance with the provisions of KMC 14.20.290. If the administrative official determines the permit holder is in compliance with the conditions in this paragraph, it shall send a notice of compliance to the Commission and the permit holder. (h) Modification of Final Approval: (1) An approved conditional use permit may, upon application by the permittee, be modified by the Planning and Zoning Commission; (a) When changed conditions cause the conditional use to no longer conform to the standards for its approval; (b) To implement a different development plan conforming to the standards for its approval. New Text Underlined; [DELETED TEXT BRACKETED] 32 Ordinance No. *-2011 Page 4 of 24 (1) (2) The modification application shall be subject to a public hearing and the appropriate [A FILING] fee as set forth in the City's schedule of fees adopted by the City Council in order to help cover the costs of the public hearing notice. Expiration — Extensions —Transferability: (1) An approved conditional use permit lapses twelve (12) months after approval if no building permit is procured or if the allowed use is not initiated, (2) The Commission may grant time extensions not to exceed six (6) months each upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. A request for an extension must be submitted prior to the expiration of the permit. A public hearing shall not be required prior to granting an extension of time. (3) A conditional use permit shall automatically expire if for any reason the conditioned use ceases for a period of one (1) year or longer. (4) A conditional use permit is not transferable from one (1) parcel of land to another. Conditional use permits may be transferred from one (1) owner to another for the same use, but if there is a change in use on the , property, a new permit must be obtained. (j) A proposed conditional use permit shall not be considered if a substantially similar conditional use permit has been considered and denied within the nine (9) months immediately preceding. Section 4. Amendment of Section 14.20.151 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.151, Application for conditional use permit for surface extraction of natural resources, is hereby amended as follows: 14.20.151 Application for conditional use permit for surface extraction of natural resources. An application for a conditional use permit to engage in the surface extraction of natural resources shall be in writing on a form supplied by the City of Kenai and shall be filed with the administrative official, along with the appropriate [REQUISITE] fee[S] as set forth in the City's schedule of fees adopted by the City Council. All applications shall be accompanied by the following documents and information: (a) A site plan, drawn to scale, containing the following: (1) Graphic (and legal) description of the proposed area, including dimensions in feet and number of acres or square feet; (2) Existing topographical contours with not less than ten foot (10') contour intervals; (3) Proposed finished topographical contours (when extraction is completed) with not less than ten foot (10') contour intervals; New Text Underlined; [DELETED TEXT BRACKETED] 33 Ordinance No. * -2011 Page 5 of 24 (4) (5) (6) (7) Existing and proposed buildings and structures on the site; Principal access points which will be used by trucks and equipment, including ingress and egress points and internal circulation, especially the haul road from the public road to the proposed site of the pit; Indication of the existing landscape features, including cleared areas, wooded areas, streams, lakes, marsh areas, and so forth; Location and nature of other operations, if any, which are proposed to take place on the site. (b) A narrative statement containing the following information: (1) Soil surveys with reference to the average year -round water table throughout the entire acreage. Piezometers may be used to determine an average water depth; (2) Estimated amount of material to be removed from the site over the entire period of operation; (3) Estimated length of time to complete the operation, or, if the pit is to be operated on a continuing basis, a statement to that effect; (4) Proposed hours of operation; (5) Method of fencing or barricading the petition area to prevent casual access; (6) Amount and location of natural screening provided by trees and vegetation, if any, between the property lines and the proposed site of the pit; (7) Plans, if any, to construct artificial screening; (8) Description of operations or processing which will take place on the site during and after the time the material is extracted; (9) Plan or program for regarding and shaping the land for future use; (10) Method of backfilling and /or replacing topsoil; (11) Proposed future use of the land after resources are extracted, including a proposed development plan showing location of houses, parks, lakes, etc.; (12) Other information which may pertain to the particular site, (c) Proof that the applicant has obtained or is eligible to obtain the necessary licenses required by state or federal agencies. (d) Proof that the applicant is the owner of the subject property. Section 5. Amendment of Section 14.20.180 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.180, Variance permits, is hereby amended as follows; 14.20.180 Variance permits. (a) Intent. A "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. New Text Underlined; [DELETED TEXT BRACKETED] 34 Ordinance No. * -2011 Page 6 of 24 (b) Permit Application, An application for a variance permit shall be filed in writing with the administrative official and signed by the owner of the property concerned. (1) The application shall contain the following; (A) A legal description of the property involved; (B) Plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. (C) A nonrefundable fee as set forth in the City's schedule of fees adopted by the City Council. (c) Review Criteria. The Commission shall establish a finding that all of the conditions have been found to exist as a prerequisite to issuance of a variance permit. (1) Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. (2) The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. (3) The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. (4) The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and /or structure. (5) The granting of a variance shall not be based upon other nonconforming land uses or structures within the same land use or zoning district. (d) Public Hearing. The public hearing and notification procedure for a variance application shall be accomplished in accordance with the requirements of this chapter. The applicant shall pay a nonrefundable fee as set forth in the City's schedule of fees adopted by the City Council in order to help cover the costs of the public hearing notice. (e) (f) Permit Expiration and Extension. An approved variance permit shall lapse twelve (12) months from the date of approval if the variance for which the permit was issued has not been implemented. The Commission may grant a time extension not to exceed six (6) months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of the permit. A public hearing shall not be required as a condition to granting the extension. A proposed variance permit shall not be considered if a substantially similar variance permit has been considered and denied within the nine (9) months immediately preceding. New Text Underlined; [DELETED TEXT BRACKETED] 35 Ordinance No. *-2011 Page 7 of 24 Section 6. Amendment of Section 14.20.185 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20,185, Encroachment permits, is hereby amended as follows: New Text Underlined; ]DELETED TEXT BRACKETED] 36 Ordinance No. * -2011 Page 8 of 24 14.20.185 Encroachment permits. (a) Definitions. "Encroachment" means any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. (b) Intent. An encroachment permit is the relaxation of the development requirements of this chapter to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions. (c) Permit Application. An application for an encroachment permit shall be filed in writing with the City Planning Department and signed by the owner of the property concerned or representative of the owner. A nonrefundable fee [OF ONE HUNDRED DOLLARS ($100.00)1 as set forth in the City's schedule of fees adopted by the City Council shall be paid to the City of Kenai at the time the permit application is filed. (1) The application shall contain the following: (A) A legal description of the property involved; (B) Plans showing the location of all existing buildings, rights -of -way or easements, setbacks, elevations, and any data pertinent to the application. (d) Review Criteria. The Planning Department shall submit the application to the Planning Commission for review and public hearing. The Planning Commission shall establish a finding that all of the conditions set forth in subsections (d) (1) through (d)(4) of this section have been found to exist before issuing an encroachment permit. (1) An encroachment as defined in KMC 14.20.185(a) exists. (2) The encroachment does not encroach upon a Federal, State or City right - of -way or utility easement. (3) The issuance of the encroachment permit will not authorize a use which is not a principal permitted use in the zoning district in which the property is located. (4) The encroachment is not located across a platted lot line. (e) Public Hearing. The public hearing and notification procedure for an encroachment permit application shall be accomplished in accordance with the requirements of this chapter. (f) Unauthorized Encroachments. Unauthorized encroachments shall be immediately removed by the owner upon being given notice by the City. Notice shall consist of a written letter, sent by certified mail return receipt requested, or by personal service, explaining the violation and allowing twenty (20) days to remove the encroachment. New Text Underlined; [DELETED TEXT BRACKETED) 37 Ordinance No. *2011 Page 9 of 24 (g) Expiration of Permit. Permits shall expire automatically upon termination or interruption of the use; damage to the building, structure, or object which makes it uneconomic to repair the building, structure, or object; or, the expiration of the useful life of the building, structure, or object, whichever comes first. [(h) RIGHT TO APPEAL. ANY REVOCATION, SUSPENSION, OR DENIAL OF AN ENCROACHMENT PERMIT BY THE PLANNING COMMISSION MAY BE APPEALED TO THE CITY COUNCIL BY FILING A WRITTEN NOTICE OF APPEAL WITH THE CLERK AND STATING THE GROUNDS FOR SUCH APPEAL. THE APPEAL NOTICE SHALL BE FILED WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF THE REVOCATION, SUSPENSION, OR DENIAL OF THE REQUEST FOR THE ENCROACHMENT PERMIT, ALL NOTICES OF APPEAL MUST COMPLY WITH SECTION 14.20.290.] (hill) Administrative Exemption. The Administrative Official may grant an encroachment permit without a public hearing if the total encroachment, inclusive of all front, rear and side setbacks, does not exceed twelve inches (12 "); and provided that: (1) The allowed encroachment on any one (1) front, rear or side setback may not exceed ten percent (10 %) of the setback as contained in the Development Requirements Table, or twelve inches (12 "), whichever is less; and (2) The Administrative Official finds that the review criteria in KMC 14.20.185(d) are met. Section 7. Amendment of Section 14.20.220 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.220, Signs, is hereby amended as follows: 14.20.220 Signs. (a) General Requirements. (1) A permit shall be obtained from the administrative official prior to the installation of any sign, nameplate, advertising sign or advertising structure except as provided in subsection (c) of this section. Construction and erection of signs shall be in accordance with this chapter, with Appendix H of the International Building Code and with the National Electrical Code, except that temporary signs need not be constructed according to Appendix H of the International Building Code. (2) When a building permit is obtained for the construction of a building, signs for that building that conform to this Code shall be considered as part of the valuation of that building. The fee for signs not covered by a building permit shall be jSET AS PROVIDED BY KMC 7.15.100] set forth in the City's schedule of fees adopted by the City Council. (3) A permit for a commercial advertising sign shall be issued only if the sign will be located on the premises advertised, or on the common property New Text Underlined; ]DELETED TEXT BRACKETED] 38 Ordinance No. * -2011 Page 10 of 24 available for such purposes to all commercial occupants of a multiple commercial development such as malls. (4) Penalties for violations of this section shall be as set forth in KMC 14.20.260(e). (5) If any of the provisions of this Code hereby adopted conflict with Appendix H of the International Building Code adopted by reference, the provisions of this Code will prevail. (6) Signs shall be erected and maintained plumb, level, and true and kept repaired, painted, and maintained. (7) The Building Official shall determine the area of all signs and shall classify all signs. (8) Existing signs for which no permit was obtained. When the owner of record of a lot or lessee of a lot on which a sign or signs are located that do not conform to the provisions of this Code has been notified that such sign or signs are nonconforming, the owner shall make the sign or signs conforming within ten (10) days from the date of such notice or remove the sign. (9) Relief from the provisions of this section may be provided by a variance as prescribed under KMC 14.20.180. (10) A permit issued under the provisions of this section shall become null and void if the sign erection or other work authorized by such permit is not commenced within ninety (90) days of the date of issuance, or if the sign display or work authorized by such permit is suspended or abandoned for a period of ninety (90) days any time after the display or work is commenced. (11) The City of Kenai or any other governmental agency may erect on- premises public informational signs as otherwise allowed in this section. Signs not otherwise in compliance with this section may be allowed by variance under KMC 14.20.180, For purposes of this section, legal notices, or signs directing or regulating pedestrian or vehicular traffic or public safety signs are not considered public informational signs. (b) Residential Zones. For the purposes of this section, the following shall be considered residential zones: RR, RS, RR -1, RS -1, RS -2, R and TSH. Signs are allowed in the residential zones as follows: (1) Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet, containing noncommercial messages or used to advertise the sale or lease of the property on which it is located. (C) Traditional holiday decorations. (D) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name and street number. New Text Underlined; [DELETED TEXT BRACKETED] 39 Ordinance No. * -2011 Page 11 of 24 (E) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (F) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property sale," "open house" or "lemonade" may be displayed for one week. Such signs must display the name, address and telephone of an adult person conducting /supervising such sale and must be dated. (G) Signs erected on a lot or lots screened or fenced so that no part is visible from a public right -of -way or another lot. (H) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architect, engineer, contractor, or builder or which denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be no more than thirty -two (32) square feet in size and no more than one such sign shall be permitted for each architect or engineering firm, contractor, builder, owner, or denoting the name, use, and occupants -to -be of the structure. Any of these may be combined on one or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the project is completed. (I) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (J) Events Signs. Unlighted signs of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. (K) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. (2) Allowed Signs Requiring a Permit. (A) Signs Identifying a Home Occupation. One (1) sign per use not exceeding five (5) square feet. Such sign shall be no closer than ten feet (10') to any property line or shall be flat against the building. No lighting is permitted. New Text Underlined; [DELETED TEXT BRACKETED[ 40 Ordinance No. * -2011 Page 12 of 24 (3) (B) Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the premises shall be permitted for churches, schools, community centers and public, charitable or institutional uses. Such signs shall contain no more than thirty -two (32) square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet (10') from the street lot line; may be indirectly illuminated. (C) Signs for Other Allowed and Conditional Uses. One (1) sign per use not to exceed thirty -two (32) square feet in area for multifamily dwellings, clubs, professional offices, churches, and other similar uses. Such signs shall be no closer than ten feet (10') to any property line or shall be flat against the building. (D) Signs for Nonconforming Uses. A nonconforming use in a residential zone may have one (1) sign per property, unlighted, and no larger than thirty -two (32) square feet in area. Such signs shall be no closer than ten feet (10') to any property line or shall be flat against the building. (E) A permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed thirty -two (32) square feet. Any illumination shall be by indirect means, Prohibited Signs. (A) Audio signs. (B) Beacon signs. (C) Unauthorized signs in the right -of -way or on city property. Such signs may be removed and disposed of without notice. (D) Signs that are higher than thirty -two feet (32') above the adjacent ground or pavement level. (E) Signs containing profane or indecent words or illustrations. (F) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (G) Signs placed on trailers or vehicles, which as parked or located are designed to primarily [TO] display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles operated in the normal course of business. (H) Flashing or intermittent illumination are not permitted. (I) Balloons or other inflatable or gas - filled figures or signs. (J) Signs not mentioned in the code are prohibited. (K) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost. New Text Underlined; [DELETED TEXT BRACKETED[ 41 Ordinance No. * -2011 Page 13 of 24 (c) (L) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right -of -way lines. (M) No off - premises commercial advertising signs, including billboards, except as allowed in subsection (b)(1)(F) of this section, or at an outdoor sporting event, sports facility, or sports field. (N) Portable signs. (0) Fence signs. Commercial, Industrial Zones and Education Zones. For purposes of this section, the following districts shall be considered commercial districts: CC, CG, IL, IH and ED. Signs are allowed in these districts as follows: (1) Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet containing noncommercial messages. (C) Traditional holiday decorations. (D) Temporary banners of not more than thirty -two (32) square feet. No temporary banners shall be installed or placed for a period to exceed thirty (30) days in any ninety (90) day period. (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (G) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property for sale," "open house," or "lemonade" may be displayed for one (1) week. Such signs must display the name, address and telephone number of an adult person conducting /supervising such sale and must be dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right -of -way or another lot. (I) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering firm, contractor or builder that denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be thirty -two (32) square feet or less in size and no more than one (1) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants -to -be of the structure. Any of these may be combined on one (1) or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. New Text Underlined; [DELETED TEXT BRACKETED] 42 Ordinance No. * -2011 Page 14 of 24 (J) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (K) Event Signs. One (1) unlighted sign of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement. (L) Real estate signs of thirty -two (32) square feet or less used to advertise the sale or lease of the property on which the sign is_ located. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other signs allowed. (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. (2) Allowed Signs Requiring a Permit. (A) One (1) freestanding or marquee per premises of not more than one hundred twenty (120) square feet. Where there is more than one (1) business on a premises a combined freestanding or marquee sign of not more than two hundred (200) square feet. (13) One (1) roof sign of not more than sixty -four (64) square feet. Where there is more than one (1) business on a premises, a combined roof sign of not more than one hundred twenty -eight (128) square feet. (C) Rotating signs are allowed, but may not exceed the square footage set forth above. (D) Real estate signs larger than thirty -two (32) square feet advertising the sale or lease of the property on which the sign is located. (E) Fence signs of not more than sixty -four (64) square feet. Where there is more than one (1) business on the premises, fence signs may not exceed one hundred twenty -eight (128) square feet. (3) Prohibited Signs. (A) Audio signs. (13) Beacon signs. New Text Underlined; [DELETED TEXT BRACKETED[ 43 Ordinance No, * -2011 Page 15 of 24 (C) Unauthorized sign in the right -of -way or on City property. Such signs may be removed and disposed of without notice. (D) Portable changeable letter electric or nonelectric signs. (E) Signs, other than roof signs, which are higher than thirty -two feet (32') above the adjacent ground or pavement level. No roof sign shall be higher than eight feet (8') above the roof on which it is placed. (F) Signs containing profane or indecent words or illustrations. (G) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals or reception. (H) Signs placed on trailers or vehicles, which as parked or located are designed primarily to display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles, operated in the normal course of business. (I) Flashing or intermittent illumination signs are not permitted except time and temperature, automatic changing message signs and traditional holiday decorations. (J) Balloons or other inflatable or gas -filled figures or signs. (K) Signs not mentioned in this code are prohibited. (L) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device, or to any public sign or signpost. (M) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right -of -way lines. (N) No off - premises commercial advertising signs, including billboards, except as allowed under subsection (c)(1)(G) of this section, or at an outdoor sporting event, sports facility or sports field. (d) Limited Commercial Zone. Signs are allowed as follows: (1) Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet containing noncommercial messages. (C) Traditional holiday decorations. (D) Temporary banners of not more than thirty -two (32) square feet. No temporary banners shall be installed or placed for a period to exceed thirty (30) days in any ninety (90) day period. (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. New Text Underlined; [DELETED TEXT BRACKETED' 44 Ordinance No. * -2011 Page 16 of 24 (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (G) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property for sale," "open house," or "lemonade" may be displayed for one (1) week. Such signs must display the name, address and telephone number of an adult person conducting/ supervising such sale and must be dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right -of -way or another lot. (1) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering firm, contractor or builder that denote the name of the structure and its use or occupants -to -be may be erected on the construction site, Each sign shall be thirty -two (32) square feet or less in size and no more than one (1) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants -to -be of the structure. Any of these may be combined on one (1) or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. (J) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (K) Event Signs. One (1) unlighted sign of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization, Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement. (L) Real estate signs of thirty -two (32) square feet or less used to advertise the sale or lease of the property on which the sign is located. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other signs allowed. (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided, that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may New Text Underlined; [DELETED TEXT BRACKETED[ 45 Ordinance No. * -2011 Page 17 of 24 remove them and the candidate, organization, or person who caused the sign to be placed may be charged for the removal. (2) Allowed Signs Requiring a Permit. (A) One (1) freestanding or marquee per lot of not more than thirty - two (32) square feet. (B) Signs Identifying a Home Occupation. One (1) sign per use not exceeding five (5) square feet. Such sign shall be no closer than ten feet (10') to any property line or shall be flat against the building. No lighting is permitted. (C) Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the premises shall be permitted for churches, schools, community centers and public, charitable or institutional uses. Such signs shall contain no more than thirty -two (32) square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet (10') from the street lot line; may be indirectly illuminated. (D) A permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed thirty -two (32) square feet, Any illumination shall be by indirect means. (3) Prohibited Signs. (A) Audio signs. (8) Beacon signs. (C) Roof signs. (D) Unauthorized signs in the right -of -way or on city property. Such signs may be removed and disposed of without notice. (E) Signs that are higher than ten feet (10') above the adjacent ground or pavement level. (F) Signs containing profane or indecent words or illustrations. (G) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (H) Signs placed on trailers or vehicles, which as parked or located are designed to primarily [TO] display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles operated in the normal course of business. (I) Flashing or intermittent illumination are not permitted. (J) Balloons or other inflatable or gas - filled figures or signs. (K) Signs not mentioned in the code are prohibited. (L) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost. New Text Underlined; [DELETED TEXT BRACKETED] 46 Ordinance No. * -2011 Page 18 of 24 (M) (N) (0) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right-of-way lines. No off - premises commercial advertising signs, including billboards, except as allowed in subsection (b)(1)(F) of this section, or at an outdoor sporting event, sports facility, or sports field. Portable signs. Signs Allowed in the Conservation Zone. Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. Central Mixed Use Zone. Signs are allowed as follows: (1) Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet containing noncommercial messages. (C) Traditional holiday decorations. (D) Temporary banners of not more than thirty -two (32) square feet. No temporary banners shall be installed or placed for a period to exceed thirty (30) days in any ninety (90) day period. (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field, (G) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property for sale," "open house," or "lemonade" may be displayed for one (1) week. Such signs must display the name, address and telephone number of an adult person conducting/ supervising such sale and must be dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right -of-way or another lot. (I) Construction Signs, During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering firm, contractor or builder that denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be thirty -two (32) square feet or less in size and no more than one (1) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants -to -be of the structure. Any of these may be combined on one (1) or more signs but the total square footage of the sign or signs shall not exceed New Text Underlined; [DELETED TEXT BRACKETED] 47 Ordinance No. * -2011 Page 19 of 24 that set out above. All construction signs shall be removed when the construction is completed. (J) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (K) Event Signs. One (1) unlighted sign of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement. (L) Real estate signs of thirty -two (32) square feet or less used to advertise the sale or lease of the property on which the sign is located. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other, signs allowed. (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election, If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. (2) Allowed Signs Requiring a Permit. (A) One (1) freestanding or marquee per lot of not more than one hundred twenty (120) square feet. Where there is more than one (1) business on a premises, a combined freestanding or marquee sign of not more than two hundred (200) square feet. (B) Signs Identifying a Home Occupation. One (1) sign per use not exceeding five (5) square feet. Such sign shall be no closer than ten feet (10') to any property line or shall be flat against the building. No lighting is permitted. (C) Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the premises shall be permitted for churches, schools, community centers and public, charitable or institutional uses. Such signs shall contain no more than thirty -two (32) square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet (10') from the street lot line; may be indirectly illuminated. (D) A permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision. New Text Underlined; [DELETED TEXT BRACKETED] 48 Ordinance No. * -2011 Page 20 of 24 (g) (3) Such sign shall not exceed thirty -two (32) square feet. Any illumination shall be by indirect means. Prohibited Signs. (A) Audio signs. (B) Beacon signs. (C) Fence signs. (D) Roof signs. (E) Rotating signs. (F) Unauthorized signs in the right - of-way or on city property. Such signs may be removed and disposed of without notice. (G) Signs that are higher than twenty feet (20') above the adjacent ground or pavement level. (H) Signs containing profane or indecent words or illustrations, (I) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (J) Signs placed on trailers or vehicles, which as parked or located are designed to primarily [TO] to display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles operated in the normal course of business. (K) Flashing or intermittent illumination are not permitted, (L) Balloons or other inflatable or gas - filled figures or signs. (M) Signs not mentioned in the code are prohibited. (N) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost. (0) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right-of-way lines. (P) No off - premises commercial advertising signs, including billboards, except as allowed in subsection (f)(1)(G) of this section, or at an outdoor sporting event, sports facility, or sports field. (Q) Portable signs. Nonconforming Signs, (1) After the enactment of this section, signs located within the City of Kenai on the effective date of this section that do not conform to the requirements of this code shall be classified as legal "nonconforming" signs if the sign was in compliance with applicable law on the date of adoption of this code. (2) A legal nonconforming sign shall immediately lose its legal nonconforming designation if: (A) The sign is altered in any way in structure which tends to increase its nonconformity with the requirements of this code; New Text Underlined; [DELETED TEXT BRACKETED] 49 Ordinance No. * -2011 Page 21 of 24 (B) The sign structure is relocated; (C) The sign (except for copy on a changeable copy sign) is replaced. Upon the occurrence of subsection (g)(2)(A), (g)(2)(B) or (g)(2)(C) of this section, the sign shall be immediately brought into compliance with this code with a new permit secured or it shall be removed. (h) Specific Definitions Pertaining to Signs. (1) "Applicant" means any for - profit or nonprofit enterprise, or organization, or any individual not acting on behalf of such an enterprise or organization. (2) "Audio sign" means a sign that emits a noise or sound, either spoken words, music, or singing. (3) "Banner" means a sign construction of flexible material, such as cloth, which moves upon being subjected to pressure by the wind. (4) "Beacon sign" means a light with one (1) or more beams capable of being directed in any direction or directions or capable of being revolved. (5) "Combination sign" means a sign incorporating any combination of the features of pole, projecting, and roof signs. (6) "Curb line" means the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the City Engineer. (7) "Display surface" means the area made available by the sign structure for the purpose of displaying the advertising message. (8) "Electric sign" means any sign containing electrical wiring, but does not include signs illuminated by an exterior light source. (9) "Fence sign" means a sign other than a real estate or home occupation sign displayed upon fences or upon walls that are not an integral part of a building or walls that are used as fences. (10) "Fin sign" means a sign that is supported wholly by a building or partly by poles and partly by a building. (11) "Ground sign" means a sign which is supported by one (1) or more uprights, poles, or braces in or upon the ground other than a combination sign, fin sign, or pole sign as defined by this code. (12) "Legal setback line" means a line established by ordinance beyond which a building may not be built. A legal setback line may be a property line. (13) "Marquee" means a permanent weatherproof structure attached to, supported by a building, and projecting from the wall of the building. (14) "Pole sign" means a sign wholly supported by a sign structure in the ground. (15) "Political sign" means a sign promoting a candidate for political office, or promoting any position on a ballot proposition. (16) "Portable display surface" means a display surface temporarily fixed to a standardized advertising structure that is regularly moved from structure to structure at periodic intervals. New Text Underlined; [DELETED TEXT BRACKETED] 50 Ordinance No. * -2011 Page 22 of 24 (17) "Portable sign" means a sign other than a temporary sign that is not attached to any building or structure. It may readily be moved from one (1) location to another. It is designed to rest on the ground when displayed and may be with or without its own wheels. It may or may not be lighted. (18) "Projecting sign" means a sign other than a wall sign, which projects from and is supported by a wall of a building or structure. (19) "Real estate sign" means a sign advertising the sale, lease or rent of one (1) or more lots or acreage or the improvements thereon by a real estate company or individual licensed by the State of Alaska. (20) "Roof sign" means a sign erected upon or above a roof or parapet of a building or structure. (21) "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, a firm, an association, a corporation, a profession, a business, or a commodity or product which are visible from any public street or highway and used to attract attention. (22) "Sign structure" means a structure that supports or is capable of supporting any sign as defined in this code. A sign structure may be a single pole or poles and may or may not be an integral part of a building. (23) "Temporary sign" means any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without frames, designed to be displayed for a limited period of time only. (24) "Wall sign" means any sign attached to, painted on, or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the said wall. Section 8. Amendment of Section 14.20,270 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.270, Amendment procedures, is hereby amended as follows: 14.20.270 Amendment procedures. (a) Intent. This section shall govern any amendment to the Kenai Zoning Code and Official Map. (b) Initiation of Zoning Code and Official Map Amendments. (1) Amendments to the Kenai Zoning Code and Official Map may be initiated by: (A) Kenai City Council; (B) Kenai Planning and Zoning Commission; (C) Submission of a petition by a majority of the property owners in the area to be rezoned; New Text Underlined; [DELETED TEXT BRACKETED] 51 Ordinance No. * -2011 Page 23 of 24 (D) Submission of a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; (E) Submission of a petition as provided by the Home Rule Charter of the City of Kenai. (2) Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley rights -of -way) unless the amendment enlarges an adjacent district boundary. (3) A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. (4) The zoning amendment request shall include the names and addresses of the applicant, a map showing the area involved, the present and proposed zoning, a non - refundable [DEPOSIT /ADVERTISING] fee as set forth in the City's schedule of fees adopted by the City Council, and any other pertinent information requested by the City. (c) Amendment Procedure: (1) A completed application, as described in this section, shall be submitted to the administrative official. The administrative official shall schedule a public hearing and make notification arrangements. (2) The Commission shall hold a public hearing in accordance with the requirements of this chapter. (3) The Commission shall, upon public hearing, forward its written recommendation to the Kenai City Council, along with all certified minutes and public records relating to the proposed amendment. (4) The Kenai City Council in accordance with the provisions of the Kenai Municipal Code, may or may not adopt the amendment as a City ordinance. Section 9. 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 declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 10. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 2011. New Text Underlined; [DELETED TEXT BRACKETED] 52 Ordinance No. * -2011 Page 24 of 24 ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: May , 2011 Adopted: , 2011 Effective: , 2011 New Text Underlined; [DELETED TEXT BRACKETED] 53 thregyof KENALALASKA Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2528 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE TO MAKE COMPREHENSIVE CHANGES TO ALL RATES, CHARGES, AND FEES IMPOSED BY THE CITY IN KENAI MUNICIPAL CODE TITLES 3, ANIMAL CONTROL; 4, UNIFORM CODES; 5, BUSINESS AND OCCUPATIONS; 11, HARBOR AND HARBOR FACILITIES; 14, PLANNING AND ZONING; 15, PRIVATE PROPERTY; 18, STREETS AND SIDEWALKS; 20, TRANSPORTATION; 21, CITY AIRPORT AND AIRPORT LANDS; AND 22, GENERAL FUND LANDS, AND TO INCLUDE RATES, CHARGES, AND FEES IN A FEE SCHEDULE AUTHORIZED UNDER KMC 7.15.100 RATHER THAN IN A CODE ORDINANCE, AND MAKING TECHNICAL CHANGES AND CORRECTIONS. WHEREAS, the City Code provides for the establishment of a comprehensive fee schedule to establish rates, charges, and fees of the City; and, WHEREAS, although the Code provides for the establishment of a fee schedule, currently most fees charged by the City are established by City Code and, occasionally, in City regulation; arid, WHEREAS, where routine City fees are set forth in City Code, the City cannot timely change its fees in order to respond to changes in the business climate and /or the increase in the cost of doing City business; and, WHEREAS, codification of fees limits the City's ability to change the fee amount, as business practices or other situation arise, in a timely manner; and, WHEREAS, elimination of specific fee amounts and the creation of a fee schedule to be approved by resolution of the Council will provide increased flexibility in the City's management of its charges, rates, and fees; and, WHEREAS, setting fees by resolution of the Council through adoption of a fee schedule, subject to periodic revision, provides a public process for notice and a hearing before the City implements a change to the City's rates, charges, and fees; and, WHEREAS, it is in the best interests of the City to adopt a comprehensive fee schedule of the City's rates, charges, and fees and to set most City fees and charges in a fee schedule approved by the City Council rather than by Code ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. New Text Underlined; (DELETED TEXT BRACKETED] 54 Ordinance No. 2528-2011 Page 2 of 23 Section 2. Amendment of Section 3.05.100 of the Kenai Municipal Code: The Kenai Municipal Code, Section 3.05.100, Fees, is hereby amended as follows: 3.05.100 Fees. (a) In addition to an other fee re uired b this title the Cit rna char e a fee for the following, which fees or charges shall be as set forth in the City's schedule of fees adopted by the City Council: (1) Kennel facility license (2) Dog license, sterilized animal (3) Dog license, unsterilized animal (4) Dog_license tag, replacement plus duplicate J5) Insertion of microchip (6j Animal boarding, (7) Animal impoundment jTHE FEE FOR A KENNEL FACILITY SHALL BE ONE HUNDRED DOLLARS ($100.00).] (b) Animal boarding and impoundment fees shall be set based upon the type and weight of the animal boarded. [THE FEE. FOR A DOG LICENSE SHALL BE TEN DOLLARS ($10.00) FOR A STERILIZED DOG AND THIRTY DOLLARS ($30,00) FOR ALL OTHER DOGS, THE FEE FOR REPLACING A LOST DOG LICENSE TAG WITH A DUPLICATE SHALL BE TWO DOLLARS ($2.00).] Animal impound fees shall also be set so that the fee for the second impoundment and third impoundment of the same animal within a twelve (12) month period from the first impoundment shall be progressively higher than the previous impoundment. (c) The fee for redeeming an impounded animal shall be the sum of the impoundment and boarding fees as set forth in the City's schedule of fees ,(SPECIFIED IN THIS SUBSECTION], provided that if, within thirty (30) days of paying the impoundment and boarding fees, the owner of an impounded animal presents proof that the animal has been sterilized, the Animal Control Officer shall refund to the owner the impoundment fee for the animal. The refund for sterilization shall be allowed only once for any animal. Before redeeming an animal from impoundment, the owner must also a for an shots re uired for the animal and a for and obtain a license if the animal was not previously licensed. [(1) FIRST IMPOUNDMENT FEE: DOG — FIFTY DOLLARS ($50.00); CAT -- FIFTEEN DOLLARS ($15.00). (2) SECOND IMPOUNDMENT FEE WITHIN A TWELVE (12) MONTH PERIOD FROM FIRST IMPOUNDMENT: DOG — SEVENTY DOLLARS ($70.00); CAT — THIRTY DOLLARS ($30.00), PLUS CITATION, SHOTS, LICENSE, AND BOARDING FEES AS REQUIRED. New Text Uxiderlined; [DELETED TEXT BRACKETED] 55 Ordinance No. 2528 -2011 Page 3 of 23 (3) THIRD IMPOUNDMENT FEE AND THEREAFTER WITHIN A TWELVE (12) MONTH PERIOD FROM FIRST IMPOUNDMENT: DOG — ONE HUNDRED DOLLARS ($100.00); CAT -- FORTY DOLLARS ($40.00), PLUS CITATION, SHOTS, LICENSE, AND BOARDING FEES AS REQUIRED. (4) BOARDING FEE: DOG AND CAT, TWENTY DOLLARS ($20.00) PER DAY; OTHER ANIMAL WEIGHING MORE THAN FIFTEEN (15) POUNDS, THIRTY -FIVE DOLLARS ($35.00) PER DAY. THE BOARDING FEE ALSO SHALL INCLUDE ANY OTHER COSTS ACTUALLY AND REASONABLY INCURRED BY THE ANIMAL CONTROL OFFICE IN MAINTAINING THE ANIMAL, INCLUDING, BUT NOT LIMITED TO, MEDICAL CARE.] [(5)] Any impounded animal which by reason of its size, strength, dangerous propensities, or other characteristics cannot reasonably be kept in the Animal Control Shelter may be reclaimed upon payment of an impoundment fee as set forth in the City's schedule of fees [OF ONE HUNDRED DOLLARS ($100.00)] plus the actual costs reasonably incurred by the Animal Control Office in impounding, transporting, and keeping the animal. [(D) THE FEE FOR INSERTION OF A MICROCHIP IS THIRTY -SEVEN DOLLARS ($37.00).] Section 3. Amendment of Section. 3.25.060 of the Kenai Municipal Code: The Kenai Municipal Code, Section 3.25.060, Adoption procedure, is hereby amended as follows: 3.25.060 Adoption procedure. (a) A person adopting an impounded animal shall pay an adoption fee to help defray the cost of impounding and caring for the animal in accordance with KMC 3.15.100. The adoption fee shall . be as set forth in the City's schedule of fees adopted by the City Council. (b) A person adopting an animal shall comply with the licensing requirements of KMC 3.15 or 3.20 as they apply to that animal. (c) In addition to any other fees required by this title, a person adopting a dog or cat from the City of Kenai Animal Shelter shall pay a [$25,00] deposit as set forth in the City's schedule of fees adopted by the City Council. The deposit shall be refunded upon submission of a veterinarian's certificate of spaying or neutering to Animal Control within thirty (30) days of adoption for dogs and cats over six (6) months of age at the date of adoption. For dogs or cats under six months of age at adoption, the certificate must be presented within seven (7) months of adoption. Section 4. Amendment of Section 4.05.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 4.05.030, Fee schedule, is hereby amended as follows: New Text Underlined; [DELETED TEXT BRACKETED' 56 Ordinance No. 2528 -2011 Page 4 of 23 4.05.030 Fee schedule. (a) The first paragraph of Section. 108.2 of the International Building Code adopted by this chapter is amended to read as follows: The fee for each building permit shall be paid to the City as set forth in the City's schedule of fees adopted by the City Council. Building permit fees shall be based upon the value of the improvement. Plan review fees shall be sixty -five percent (65 %) of the building permit fee. The applicant shall pay the plan review fee at the time the applicant submits the building permit application to the City. The City may also assess additional fees as set forth in the fee schedule for additional inspections as may be required by changes, . additions, or revisions to plans. [TABLE NO. 1 -A OF THE KENAI MUNICIPAL CODE AT 4.05.030(B) PLAN REVIEW FEE SHALL BE 65% OF THE BUILDING PERMIT FEE AS SHOWN IN TABLE 1 -A FOR NEW COMMERCIAL CONSTRUCTION. PLAN REVIEW FEES SHALL BE PAID AT THE TIME APPLICATIONS FOR BUILDING PERMITS ARE SUBMITTED. (B) TABLE 1 -A BUILDING PERMIT FEES.] jTOTAL VALUATION FEE $1.00 - $500.00 $23.50 $501.00 - $2,000.00 $23.50 FOR THE FIRST $500.00 PLUS $3.05 FOR EACH ADDITIONAL $100.00, OR FRACTION THEREOF, TO AND INCLUDING $2,000.00 $2001.00 - $25,000.00 $69.25 FOR THE FIRST $2,000.00 PLUS $14,00 FOR EACH ADDITIONAL $1,000.00, OR FRACTION THEREOF, TO AND INCLUDING $25,000.00 $25,001.00 - $391.25 FOR THE FIRST $25,000.00 PLUS $10.10 FOR EACH $50,000,00 ADDITIONAL $1,000.00, OR FRACTION THEREOF, TO AND INCLUDING $50,000.00 $50,001.00 - $643.75 FOR THE FIRST $50,000.00 PLUS $7.00 FOR EACH $100,000.00 ADDITIONAL $1,000.00, OR FRACTION THEREOF, TO AND INCLUDING $100,000.00 $100,001.00 - $993.75 FOR THE FIRST $100,000.00 PLUS $5.60 FOR EACH $500,000.00 ADDITIONAL $1,000.00, OR FRACTION THEREOF, TO AND INCLUDING $500,000.00 $500,001.00 - $3,233.75 FOR THE FIRST $500,000.00 PLUS $4.75 FOR EACH $1,000,000.00 ADDITIONAL $1,000.00, OR FRACTION THEREOF, TO AND INCLUDING $1,000,0. 00.00 $1,000,001.00 AND UP $5,608.75 FOR THE FIRST $1,000,000.00 PLUS $3.65 FOR EACH ADDITIONAL $1,000.00, OR FRACTION THEREOF New Text Underlined; [DELETED 'TEXT BRACKETED[ 57 Ordinance No. 2528 -2011 Page 5 of 23 OTHER INSPECTION FEES: 1. INSPECTIONS OUTSIDE OF NORMAL BUSINESS HOURS (MINIMUM CHARGE: 2 HOURS) $47.00 PER HOUR' 2. INSPECTION FOR WHICH NO FEE IS SPECIFICALLY INDICATED (MINIMUM CHARGE: 2 HOURS) $47.00 PER HOUR' 3. ADDITIONAL PLAN REVIEW REQUIRED BY CHANGES, ADDITIONS OR REVISIONS TO PLANS (MINIMUM CHARGE: 1 HOUR) $47.00 PER HOUR' 4, FOR USE OF OUTSIDE CONSULTANTS FOR PLAN CHECKING AND INSPECTIONS, OR BOTH ACTUAL COSTS2 'OR THE TOTAL HOURLY COST TO THE JURISDICTION, WHICHEVER IS THE GREATEST. THIS COST SHALL INCLUDE SUPERVISION, OVERHEAD, EQUIPMENT, HOURLY WAGES AND FRINGE BENEFITS OF THE EMPLOYEES INVOLVED. 2ACTUAL COSTS INCLUDE ADMINISTRATIVE AND OVERHEAD COSTS.] Section 5. Amendment of Section 5.15.020 of the Kenai Munici. al Code: The Kenai Municipal Code, Section 5.15.020, Detective agency license fee, is hereby amended as follows: 5.15.020 Detective agency license fee. It shall be unlawful for any person to engage in business as a detective agency without having first obtained [AND BEING THE OWNER OF A VALID AND SUBSISTING] a City license so to do,[;] to be known as a "detective agency license." The fee for said license shall be an annual fee as set forth in the City's schedule of fees adopted by the City Council [AND HEREBY IS FIXED IN THE SUM OF $50 PER ANNUM], If the applicant is an association, firm, or co- partnership, such application shall be signed personally by each person composing or intending to compose such association, firm, or co- partnership. If the applicant is a corporation, such application shall be signed by the officer of the corporation authorized to sign such documents in the State of Alaska. Such application shall be sworn to by all persons signing the same before some person authorized to administer oaths. Section 6. Amendment of Section 5.15.040 of the Kenai Municipal Code: The Kenai Municipal Code, Section 5.15.040, Private detective license - -Fee, is hereby amended as follows: New Text Underlined; [DELETED TEXT BRACKETED] 58 Ordinance No. 2528 -2011 Page 6 of 23 5.15.040 Private detective license —Fee. It shall be unlawful for any person, whether licensed as a detective agency or not, to engage in the private detective business or to act or engage in business as a private detective without having first obtained [FIRST OBTAINING AND BEING THE OWNER AND HOLDER OF A VALID AND SUBSISTING] a City license so to do, to be known as a "private detective license, "[; t]The fee for said license [WHICH] shall be an annual fee as set forth in the City's schedule of fees adopted by the City Council [AND IS HEREBY FIXED IN THE SUM OF $5.00 PER ANNUM]. Such private detective license shall carry the name of the detective agency by reason of which the private detective license is issued, and such license shall be in force and effect only as long as such person is possessed of, or is a member of a partnership or officer of a corporation holding, or is employed by the holder of such detective agency license. Section 7. Amendment of Section 5.25.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 5.25.050, License fee and term, is hereby amended as follows: 5.25.050 License fee and term. For issuance of a license, a[A]n applicant shall pay an annual fee as set forth in the City's schedule of fees adopted by the City Council, [A FEE OF $120 FOR THE ISSUANCE OF A LICENSE, WHICH] The license shall expire one year from its issuance. The Clerk may issue a license which shall expire within a shorter duration of time 'and the fee therefor shall [WILL] be proportionately reduced. All non - profit organizations shall be exempt from paying the [ABOVE ]license fee. Said organizations making application should present proof sufficient to the Clerk of its non - profit status. Section 8. Amendment of Section 5.30.040 of the Kenai Municipal Code: The Kenai Municipal Code, Section 5.30.040, License fee, is hereby amended as follows: 5.30.040 License fee. The license fee for engaging in, carrying on, or conducting business as a peddler or transient merchant shall be an annual fee as set forth in the City's schedule of fees adopted by the City Council [THE SUM OF TWENTY -FIVE DOLLARS ($25.00) FOR AN ANNUAL LICENSE]. Section 9. Amendment of Section 5.35.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 5.35.050, Application and filing fees, is hereby amended as follows: 5.35.050 Application and filing fees. (a) Every application for a permit to drill and operate a well shall be in writing, signed by the applicant or by some person duly authorized to sign same on his or her New Text Underlined; [DELETED TEXT BRACKETED) 59 Ordinance No. 2528-2011 Page 7 of 23 behalf, and it shall be filed with the City Clerk and be accompanied with a fling fee as set forth in the City's schedule of fees adopted by the City Council [OF FIVE HUNDRED DOLLARS ($500.00) IN CASH]. No application shall request a permit to drill and operate more than one (1) well. The said application shall include full information, including the following: (1) The date of said application; (2) Name of the applicant; (3) Address of the applicant; (4) Proposed site of the well, including name of the mineral owner and surface owner, name of the lease owner, and brief description of the land; (5) Type of derrick to be used; (6) The proposed depth of the well. Section 10. Amendment of Section 11.05.070 of the Kenai Municipal Code: The Kenai Municipal Code, Section 11.05.070, Facility rates and charges, is hereby amended as follows: 11.05.070 Facility rates and charges The City [MANAGER] shall fix the rates and charges for the use of any and all terminal or transportation facilities constructed on property under its jurisdiction, including charges assessed against vessels, their owners, agents or operators which load or discharge cargo at any of the terminals within the harbor area; charges for berthage while loading or discharging cargo; charges for administrative expenses in serving the carrier's charges for freight handling, loading, unloading and wharf demurrage rates. Such rates and charges shall be just and reasonable[, AS DETERMINED BY THE CITY MANAGER, SUBJECT TO CHANGE BY THE COUNCIL, AND SHALL BE PUBLISHED BY POSTING ON THE COUNCIL BULLETIN BOARD AND IN SUCH OTHER MANNER AS THE COUNCIL MAY REQUIRE]. The rates and charges shall be as set forth in the City's schedule of fees adopted by the City Council. Section 11. Amendment of Section 11.15.150 of the Kenai Municipal Code: The Kenai Municipal Code, Section 11.15.150, Deposits for costs prerequisite to filing, is hereby amended as follows: 11.15.150 Deposits for costs prerequisite to filing. The application form will assist the applicant in determining the proper costs to advance, which will depend upon the nature of the right claimed. In all cases a filing fee as set forth in the City's schedule of fees adopted by the City Council shall [OF TEN DOLLARS ($10.00) WILL] be required. Survey costs depend upon the area claimed at a per foot (THE) rate as set forth in the City's schedule of fees [OF $.01516 PER New Text Underlined; [DELETED TEXT BRACKETED] 60 Ordinance No. 2528 -2011 Page 8 of 23 SQUARE FOOT]. If the area claimed is different from the lot as it appears on the Plat, the applicant shall show the measurements of the additional or lesser area claimed and compute and pay the different survey cost accordingly. Transfer costs will be the same in all cases. They cover the cost of time estimated to be required to examine, process, and approve the application, as well as to prepare and execute the deed, publish notice, give notice of additional costs, if any, and give notice to applicant. In all cases, transfer costs will be in an. [THE] amount as set forth in the City's schedule of fees adopted by the City Council [OF $35.00]. Deposit for appraisal costs will be required in all cases of Class III preference rights, or where another asserted right is determined by the Council to be a Class III right. Appraisal costs shall [WILL] depend upon the area involved and the complexity of the appraisal sought. Where required as a deposit, the minimum and maximum deposit for the appraisal fee shall be as set forth in the City's schedule of fees [AMOUNT IS FIFTY DOLLARS ($50), BUT ADDITIONAL AMOUNTS NOT EXCEEDING $100 MAY BE REQUIRED PRIOR TO DELIVERY OF DEED]. Section 12. Amendment of Section 11.20.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 11.20.050, Applications, is hereby amended as follows: 11.20.050 Applications. (a) All applications for lease of tidelands shall be filed with the Clerk on forms provided by her and available at City Hall which shall upon execution of the lease become part of the lease document. Only forms completed in full and accompanied by a [ONE HUNDRED DOLLAR ($ 100)] filing fee as set forth in the City's schedule of fees adopted by the City Council will be accepted for filing. Filing fees are not refundable. (b) With every application, the applicant shall submit a development plan showing and. stating: (1) The purpose of the proposed lease; (2) The use, value, and nature of improvements to be constructed; (3) The type of construction; (4) Dates construction is estimated to commence and be completed; (5) Whether intended use complies with the zoning ordinance and comprehensive plan of the City; (6) Describe by reference to the plat the area to be leased; (7) A detailed financial plan showing ability to carry through with the development plan; New Text Underlined; [DELETED TEXT BRACKETED] ED] 61 Ordinance No. 2528 -2011 Page 9 of 23 (8) A performance bond of five percent (5 %) of the project's estimated cost (which bond shall not exceed fifty thousand dollars ($50,000), payable to the City. Section 13. Amendment of Section 11.20.790 of the Kenai Municipal Code: The Kenai Municipal Code, Section 11.20.790, Tideland leases for shore fisheries, is hereby amended as follows: 11.20.790 Tideland leases for shore fisheries. (a) The annual minimum rental rate for tideland leases used primarily for shore fisheries shall be an annual fee as set forth in. the City's schedule of fees adopted by the City Council [THREE HUNDRED DOLLARS ($300,00) PER YEAR]. However, should the State of Alaska set an annual lease rate higher than that established by the City [THREE HUNDRED DOLLARS ($300.00)] for similar tideland leases for shore fisheries on land owned by the State, the City may amend the annual rental to a rate equal to that charged by the State of Alaska. Any money owed pursuant to KMC 11.20.150 shall be in addition to the annual minimum set forth above. (b) Neither KMC 11.20.160 nor KMC 11.20.620(a) shall apply to tideland leases for shore fisheries. (c) The provisions of KMC 11.20.110 and KMC 11.20.130 requiring appraisals of tideland property shall not apply to leases of tidelands for shore fisheries. However, the survey provisions of KMC 11.20.110 are applicable to shore fishery leases. Section 14. Amendment of Section 14.05.020 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.05.020, Fees, is hereby amended as follows: 14.05.020 Fees. In order to defray the expenses connected with the consideration of applications for amendment to the Kenai Zoning Code or Official Map and with the consideration of applications for variances and conditional use permits, the person presenting the application shall pay to the City [CLERK] a fee in [THE] an amount as set forth in the City's schedule of fees adopted by the City Council [OF ONE HUNDRED DOLLARS ($100.00). A FEE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) SHALL ACCOMPANY AN APPLICATION FOR AMENDMENT TO THE KENAI ZONING CODE OR OFFICIAL MAP.] Whether an application is granted or denied by the Commission, the petitioner or applicant shall not be entitled to the return of the fee paid. Section 15. Amendment of Section 14.20.180 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.180, Variance permits, is hereby amended as follows: New Text Underlined; [DELETED TEXT BRACKETED] 62 Ordinance No. 2528 -2011 Page 10 of 23 14.20.180 Variance permits. (a) Intent. A 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. (b) Permit Application. An application for a variance permit shall be filed in writing with the administrative official and signed by the owner of the property concerned. (1) The application shall contain the following: (A) A legal description of the property involved; (13) Plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. (C) A nonrefundable deposit /advertising fee as set forth in the City's schedule of fees adopted by the City Council [OF ONE HUNDRED DOLLARS ($100.00)]. (c) Review Criteria. The Commission shall establish a finding that all of the conditions have been found to exist as a prerequisite to issuance of a variance permit. (1) Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. (2) The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. (3) The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. (4) The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and /or structure. (5) The granting of a variance shall not be based upon other nonconforming land uses or structures within the same land use or zoning district. (d) Public Hearing. The public hearing and notification procedure for a variance application shall be accomplished in accordance with the requirements of this chapter. The applicant shall [BE REQUIRED TO] pay a. [ONE HUNDRED DOLLARS ($100.00)] nonrefundable fee as set forth in the City's schedule of fees adopted by the City Council in order to help [TO] cover the costs of the public hearing notice. (e) Permit Expiration and Extension. An approved variance permit shall lapse twelve (1 2) months from the date of approval if the variance for which the permit was issued has not been implemented. The Commission may grant a time extension not to exceed six (6) months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of the permit. A public hearing shall not be required as a condition to granting the extension. New Text Underlined; [DELETED TEXT I3RACKETED]] 63 Ordinance No. 2528 -2011 Page 11 of 23 (f) A proposed variance permit shall not be considered if a substantially similar variance permit has been considered and denied within the nine (9) months immediately preceding. Section 16. Amendment of Section 14.20.240 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.240, Mobile homes, is hereby amended as follows: 14.20.240 Mobile homes. (a) No mobile homes may be installed for use in the City of Kenai for public, commercial, or assembly purposes after the effective date of the ordinance codified in this section. (b) No mobile home may be stored outside in the City of Kenai in a residential - zoned area after the effective date of the ordinance codified in this section. (c) Mobile homes for residential use may be established only in mobile home parks as permitted in the Land Use Table, subject to the following mobile home standards: (1) No wrecked or dilapidated mobile home may be placed in a mobile home park. No mobile home may be placed in a mobile home park until it has been inspected to meet the requirements of this section. Mobile homes must have adequate sanitary facilities; a sanitary water supply; water heating facilities; heating equipment; cooking equipment; smoke detectors; carbon monoxide detectors; windows; ventilation; electrical service and be structurally safe; or meet the National Manufactured Home Construction and Safety Standards Act of 1974 enacted June 15th, 1976 with a seal certifying that it was built according to such standards. Verification may be done by submission of photographs or physical inspection at the discretion of the Building Official. Placement of mobile homes in mobile home parks shall require a building permit. Notwithstanding KMC 4.32.015- R105.5, a building permit for a mobile home shall expire ninety (90) days after the date of issuance unless an extension has been granted. (2) The fee for a mobile home building permit shall be as set forth in the City's schedule of fees adopted by the City Council ZONE HUNDRED DOLLARS ($100.00)]. The fee for the mobile home building permit may be paid in installments within ten (10) months of the issuance of the permit. The fee shall cover the costs of the initial inspection and subsequent inspection of foundation, skirting, code compliance, and entrances /steps. Access shall be provided for the Building Inspector to inspect the furnaces, water heater, foundation or blocking, and verification of smoke and carbon monoxide detectors. (3) Mobile home service connections shall meet the requirements of the electrical code as adopted in KMC 4.30 and the plumbing code as adopted in KMC 4.25. New Text Underlined; [DELETED TEXT BRACKETED] 64 Ordinance No. 2528 -2011 Page 12 of 23 (4) Foundations. Mobile homes may be attached to permanent foundations; provided that the foundations comply with the City's building code. Additions to such mobile homes on permanent foundations shall be factory -built additions or shall comply with the building code and shall be attached to permanent foundations. Mobile homes that are not on permanent foundations shall be blocked as specified in this section, and may have either factory - -built additions or additions that comply with the building code. Such additions need not be placed on permanent foundations but must be placed on preservative- treated wood or concrete pads /piers or concrete masonry units. (5) Blocking. In order for safe mountings for mobile homes that are not attached to permanent foundations may be provided, the minimum standards for blocking shall be as follows, Blocking shall be installed under the mobile home at the front and at the rear and at approximately eight feet (8') on center under the main frame members on each side of the mobile home, and under the tongue if it is not removable. If wood is used for blocking, the ground or bearing block at each point shall be a minimum of two -inch (2 ") nominal thickness and of preservative treated wood. Additional blocking used may be regular lumber placed on the wood - bearing block or on a concrete pad or on a concrete masonry unit but shall be no longer or wider than the block beneath. Cored concrete blocks used for blocking the mobile home shall be placed vertically. All such concrete blocking shall be load - bearing blocks commonly known as Class A concrete blocks. Materials and methods of blocking differing from those described in this section may be approved if submitted for approval prior to installation and approved by Building Official as consistent with the safety standards and goals set forth in this section. (6) Skirting. All mobile homes shall be skirted within ninety (90) days of placement in a mobile home park unless an extension is granted. The skirting shall be in such a manner as to withstand the elements and all access openings in skirting shall be closed when not in use and made of solid panels. (7) All entrances to a mobile home shall be provided with at least a three -foot (3') by three -foot (3') landing and steps both of which must be made of concrete, cemented blocks, steel, preservative treated lumber or painted lumber placed on preservative treated nominal two -inch (2 ") by four -inch (4 ") runners. The entrance to an attached deck or similar extension shall be considered as an entrance to a mobile home. (8) Additions. Only one (1) lean -to and one (1) arctic entry may be attached to any mobile home provided they meet the requirements of this section, Additions may not use the mobile home for structural support, No lean -to or combination of lean -to and arctic entry built or attached to any mobile home in a mobile home park shall have a floor area exceeding the floor area of the original mobile home to which it is attached. No addition shall be constructed or maintained of any size or in any position which violates the minimum separation distance, side yard, rear yard, front yard or maximum allowable lot coverage requirements that are applicable in the particular zone or mobile home park in which the mobile home and lean-to are located, or New Text. Underlined; [DELETED TEXT BRACKETED] 65 Ordinance No. 2528 -2011 Page 13 of 23 constructed within five feet (5') of the next adjacent mobile home space line. An arctic entry is allowed at an exit/ entry door from the mobile home. Additions to mobile homes require a building permit. Additions may only be made to mobile homes meeting standards as set out in subsection (c)(1) of this section. (9) Outbuildings and Additional Structures. Detached structures shall not exceed two hundred (200) square feet. Detached structures shall be separated from the mobile home on the same lot /space by a minimum of five feet (5') and no closer than ten feet (10') from any other mobile home or lean-to or other building in the mobile home park. Detached structures shall require a building permit as required under the residential code adopted in KMC 4.32. The construction of lean -tos and similar structures shall be accomplished only after obtaining a building permit from the building official, and then in accordance with the city's building code. (10) Setbacks and Separation Distance. (i) In new mobile home parks, there shall be a side yard of not less than fifteen feet (15') at the entry side of the mobile home, a side yard of not less than five feet (5') at the non -entry side, a rear yard of not less than five feet (5') and a front yard of not less than ten feet (10'). (ii) In mobile home parks established before the adoption of the ordinance codified in this section, there shall be a minimum ten feet (10') separation distance between any mobile home or building and any other building or mobile home in the mobile home park. (iii) Mobile homes shall have a minimum of one (1) side fronting a roadway or other accessory having a minimum unobstructed width of twenty -four feet (24'). (11) Space Size for New Mobile Home Parks. Each conventional single -wide mobile home shall be located on a plot /space having an area of not less than three thousand two hundred (3,200) square feet and each double -wide mobile home shall be located on a plot having an area of not less than four thousand two hundred (4,200) square feet. A mobile home may not cover more than forty percent (40 %) of the plot /space size for that mobile home. (12) Space Numbers. Each mobile home must have the space number of mobile home park displayed either on the mobile home or on a post located at the front of the space. (13) Parking. A minimum of two (2) parking spaces per mobile home will be provided per KMC 14.20.250. (14) All mobile homes in mobile home parks shall be connected to water and sewer systems approved by the State of Alaska, Department of Environmental Conservation before they may be occupied. (d) Mobile homes which were installed prior to the effective date of this ordinance in conformance with applicable building code regulations in areas where now prohibited and used for residential purposes or stored outside may have such use New Text Underlined; [DELETED TEXT BRACKETED] 66 Ordinance No. 2528 -2011 Page 14 of 23 continued indefinitely, except that such trailers shall not be replaced if destroyed or removed. (e) Mobile homes utilized on bona fide construction sites for offices, storage, or other such purposes may be so used anywhere within the City Limits on the construction job they serve, but shall be removed immediately upon completion of said construction. (f) Manufactured and modular homes as defined are exempt from this subsection. Section 17. Amendment of Section 14.20.270 of the Kenai Municipal Code: The Kenai. Municipal Code, Section 14.20.270, Amendment procedures, is hereby amended as follows: 14.20.270 Amendment procedures. (a) Intent. This section shall govern any amendment to the Kenai Zoning Code and Official Map. (b) Initiation of Zoning Code and Official Map Amendments. (1) Amendments to the Kenai Zoning Code and Official Map may be initiated by: (A) Kenai City Council; (B) Kenai Planning and Zoning Commission; (C) Submission of a petition by a majority of the property owners in the area to be rezoned; (D) Submission of a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; (E) Submission of a petition as provided by the Home Rule Charter of the City of Kenai. (2) Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley rights -of -way) unless the amendment enlarges an adjacent district boundary. (3) A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. (4) The zoning amendment request shall include the names and addresses of the applicant, a map showing the area involved, the present and proposed zoning, a non- refundable deposit /advertising fee as set forth in the City's schedule of fees adopted by the City Council, [ONE HUNDRED DOLLARS ($100.00)] and any other pertinent information requested by the City. New Text Underlined; [DELETED TEXT BRACKETED] 67 Ordinance No. 2528 -2011 Page 15 of 23 (c) Amendment Procedure: (1) A completed application, as described in this section, shall be submitted to the administrative official. The administrative official shall schedule a public hearing and make notification arrangements. (2) The Commission shall hold a public hearing in accordance with the requirements of this chapter. (3) The Commission shall, upon public hearing, forward its written recommendation to the Kenai City Council, along with all certified minutes and public records relating to the proposed amendment. (4) The Kenai City Council in. accordance with the provisions of the Kenai Municipal Code, may or may not adopt the amendment as a City ordinance. Section 18. Amendment of Section 14.20.290 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.290, Appeals —Board of adjustment, is hereby amended as follows: 14.20.290 Appeals —Board of adjustment. (a) Any person(s) aggrieved by a final decision of the administrative official or Commission may file an appeal. The appeal shall be heard by the Kenai City Council acting as the Board of Adjustment. To be a "person(s) aggrieved" by a final decision of the administrative official or Commission the person must be: (1) the applicant for the action taken or determination, or the owner of the property that is the subject of the action or determination under appeal; or (2) the administrative official; or (3) an occupant or owner of an interest in real property who can show proof of the adverse effect that the action or determination has or could have on the use, enjoyment, or value of that real property. An interest that is no different from that of the general public is not sufficient to make a person aggrieved; or (4) any person who was entitled under Section 14.20.280(c) to notice by mail of a public hearing on an application for the action or determination; or (5) a resident of the City of Kenai. (b) Appeals from final decisions of the administrative official or the Commission must be submitted in writing to the City Clerk within fifteen (15) days of the decision. The appeal notice shall be in writing and must contain: (1) The signature, name, and mailing and physical addresses of the appellant; (2) A description of the action or determination from which the appeal is sought and the date upon which it became a final decision; (3) The reason for the appeal, which must include a description of harm to the appellant, including why the appellant meets the definition of an "aggrieved person." (4) A statement of the relief requested by the appellant. New Text Underlined; [DELETED TEXT BRACKETED] 68 Ordinance No. 2528 -2011 Page 16 of 23 (5) The street address of the property that is the subject of the action or determination being appealed and the name and address of the owner(s) of the property. (6) The appellant shall pay a [A] filing and records preparation fee as set forth in the City's schedule of fees adopted by the City Council [OF ONE HUNDRED DOLLARS ($100.00) WILL BE CHARGED]. An application to proceed with an appeal as an indigent may be filed with the City Clerk's office on a form provided by the Clerk. The chair of the board of adjustment may allow an applicant who qualifies as an indigent a reduced filing fee, a payment plan, or a waiver of the filing fee where the chair is able to make a written finding, based on information provided by the applicant, that payment of the appeal fee would be a financial hardship for the appellant. Based upon the information provided, the fee may be reduced or waived in accordance with the following schedule. Annual income as a percent of current Health and Human Services (HHS) Poverty Guidelines for Alaska Percent of fee reduced 1 -100% 100% Waiver 101-149% 75% Waiver 150 - --174% 50% Waiver 175 -199% 25% Waiver 200% plus No Waiver Any appellants with income equal to or less than two hundred percent (200 %) of the HHS poverty guidelines for Alaska for the year in which the appeal is filed may apply for a payment plan in which the filing fee shall be paid in full within six (6) months of the date of filing. (c) The City Clerk shall reject any notice of appeal that does not comply with the requirements of Section 14.20.290(b) and notify the appellant of the reasons for rejection. If a notice of appeal is rejected for reasons other than timeliness, a corrected notice of appeal that complies with this section will be accepted as timely if filed within seven (7) days of the date of the mailing of the notice of rejection. The Board of Adjustment shall resolve any issues of standing or whether a party is "aggrieved" under KMC 14.20.290(a). (d) The appeal shall be heard by the Kenai City Council acting as the Board of Adjustment. New Text Underlined; 'DELETED TEXT ]3RACKETED' 69 Ordinance No. 2528 -2011 Page 17 of 23 (e) The following act or determinations may not be appealed: (1) a decision to cite or not to cite a person for a violation of the code under KMC 14.20.260 or any other provisions of the code; (2) a decision not to issue an enforcement order under KMC 14.20.260 or any other provision of the code; (3) any recommendation for or against approval of the adoption, revision, or amendment of the zoning code, zoning map, comprehensive plan, any other plan, a rezoning or any other matter involving a recommendation. (f) Procedure. (1) The Board of Adjustment shall ordinarily set a date for and hold a hearing on all appeals within thirty (30) days of the filing of the appeal. However, should the thirtieth day fall on a weekend or a municipal holiday, the hearing may be scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.020(a)(1)—(10) and (b). For good cause, the Board of Adjustment may hold the hearing up to sixty (60) days after the filing of the appeal. Notice of the time and place of such hearing shall be mailed to all interested parties and to all property owners within three hundred feet (300') of the property involved at least fifteen (15) days prior to the hearing. Notices to the appellant and /or applicant for the action or determination must be sent by certified mail, return receipt requested. (2) Within thirty (30) days after the hearing, the Board of Adjustment shall render a decision on the appeal. In exercising the above - mentioned powers, the Board of Adjustment may reverse, remand or affirm, wholly or partly, or may modify the order, requirement, decision or determination, as ought to be made, and to that end shall have all the powers of the body from whom the appeal is taken. (3) All hearings of the Board shall be open to the public. The Board shall issue a written opinion, stating its decision, the reasons for its decision, and the vote of each member upon each question. The Board of Adjustment may undertake deliberations immediately upon the conclusion of the hearing on appeal or may take the matter under advisement and meet at such other time as is convenient for deliberations until a decision is rendered. Deliberations need not be public and may be in consultation with the City Attorney. An electronic recording shall be made of the hearings and shall be reduced to written minutes and, if needed, a verbatim transcript. The minutes and verbatim transcript shall be made a public record. Copies of the decision shall be promptly posted on the City's official web site and mailed to all parties participating in the appeal. Section 19. Amendment of Section 15.05.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 15.05.030, Costs, is hereby amended as follows: New Text Underlined; 'DELETED TEXT BRACKETED] 70 Ordinance No. 2528 -2011 Page 18 of 23 15.05.030 Costs. (a) In addition to the publication costs, there shall be a fee for issuing the certificate and a fee for endorsement by the Clerk as set forth in the City's schedule of fees adopted by the City Council[, AS ESTABLISHED IN KMC 15.05.0701. (b) If the property has been impounded by the City, the cost to the owner for recovering shall include the actual expenses incurred by the City in the impoundment and storage of the property. However, s[S]hould the City employ its own employees for impoundment and its own property for storage, or either, then in lieu of such actual expenses, the owner shall pay for storage and/or impoundment at the rates set forth in the City's schedule of fees adopted by the City Council [SUM OF $1.00 PER DAY FOR STORAGE AND $5.00 FOR IMPOUNDMENT WILL BE CHARGED]. Section 20. Amendment of Section 15.05.070 of the Kenai Municipal Code: The Kenai Municipal Code, Section 15.05.070, Fees, is hereby amended as follows: 15.05.070 Pees. The fees required by this chapter shall be set forth in the Cit 's schedule of fees adopted by the City Council and include [ARE AS FOLLOWS]: Towing Charge, Car Towing Charge, Truck Storage Fee, Vehicle Abandoned Property Certificate Clerk's Endorsement on Certificates Storage Fee, Abandoned Property Impoundment, Abandoned Property [$10.00] each vehicle [$13.00] each vehicle [$ 1.00] per calendar day [$ 3.00] flat fee [$ 5.001 flat fee [$ 1.00] per day rate or actual expense [$ 5.00] per day rate or actual expense Section 21. Amendment of Section 18.10.020 of the Kenai Municipal Code: The Kenai Municipal Code, Section 18.10.020, Street building permits, is hereby amended as follows: 18.10.020 Street building permits. Any person requesting initial acceptance of a street for maintenance and snow removal by the City shall obtain a street building permit prior to construction of said street. Construction in accordance with standards prescribed by the City will be the duty of the applicant and the burden of proving compliance is upon the person constructing said street. Fee for such permit shall be as set forth in the City's schedule of fees adopted by the City Council [TEN DOLLARS ($10)] and shall be paid to the City [CLERK] at the time of application for said permit. Said fee shall not be refunded if said permit is refused. New Text Underlined; [DELETED TEXT BRACKETED] 71 Ordinance No. 2528.2011 Page 19 of 23 Section 22. Amendment of Section 18.20.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 18.20.050, Fee for yearly license, is hereby amended as follows: 18,20.050 Fee for yearly license. In order to defray administrative costs in processing yearly licenses by the City administration, before the issuance of a yearly license the contractor shall pay a yearly license fee as set forth in the City's schedule of fees adopted by the City Council [OF $25.00]. Section 23. Amendment of Section 18.25.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 18.25.030, Inspection fee, is hereby amended as follows: 18.25.030 Inspection fee. An inspection fee for each permit in an [THE] amount as set forth in the City's schedule of fees adopted by the City Council [OF TEN DOLLARS ($10.00)] shall accompany an application for permit hereunder to cover the cost of all inspections performed by City personnel as provided herein, except that in the case of excavations for water and sewer tie -ins, the inspection fee provided for by this section shall be waived so as not to duplicate the inspection fee for water and sewer tie -ins required under KMC 17.05.040(d). Section 24. Amendment of Section 20.05.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 20.05.050, License Fees, is hereby amended as follows: 20.05.050 License fees. [THE APPLICANT FOR A LICENSE, OR LICENSE FOR AN ADDITIONAL VEHICLE SHALL PAY INTO THE CITY TREASURY THE SUM SET FORTH BELOW.] (Ord. 1546 -93) (a) The applicant for a license shall pay a license fee as set forth in the City's schedule of fees adopted b the Ci.t Council. The license shall entitle the licensee to operate one passenger vehicle -for -hire. [A LICENSEE SHALL PAY A LICENSE FEE OF $250 PER YEAR WHICH SHALL ENTITLE SAID OPERATOR TO ONE PASSENGER VEHICLE -FOR- HIRE.] (b) In the event a licensee desires to operate [is licensed for] more than one passenger vehicle -for -hire, in addition to providing information described in KMC 20.05.020(c). the[N] licensee [HE] shall pay a fee for each additional vehicle to be operated by the licensee in an amount as set forth in the City's schedule of fees adopted by the City Council [$ 100 PER YEAR FOR EACH ADDITIONAL VEHICLE SO AUTHORIZED]. New Text Underlined: [DELETED TEXT BRACKETED1 72 Ordinance No. 2528 -2011 Page 20 of 23 (c) All licenses shall be for the term of July lst of one year until June 30th of the following year, or any segment thereof. (d) All taxes and other obligations due to the City and Borough must be current prior to license issuance or renewal. {e) Licenses cannot be transferred and license fees cannot be pro - rated. Section 25. Amendment of Section 21.10.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 21.10.050, Filing fee and deposit, is hereby amended as follows: 21.10.050 Filing fee and deposit. (a) When submitting an application for lease of land, the applicant shall pay the City the following as set forth in the City's schedule of fees adopted by the City Council: (1) Pay a non- refundable fling fee [IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00)]; and (2) A [Make a] deposit to show good faith and secure the City in payment of any costs, including [IN THE FOLLOWING AMOUNTS]: (i) An appraisal cost recovery deposit [OF TWO THOUSAND DOLLARS ($2,000.00)], and (ii) An engineering, surveying and consulting cost recovery deposit [OF TWO THOUSAND DOLLARS ($2,000.00)]. (b) If the City decides to reject the applicant's application and not enter into a lease with the applicant through no fault of the applicant or failure of the applicant to comply with any requirement of this chapter, any deposit made under subsection (a)(2) of this section shall [WILL] be returned to the applicant. (c) If the City enters into a lease with the applicant any deposit made by the applicant under subsection (a) of this section will be applied to the City's engineering, appraisal, and consulting costs related to the processing of the applicant's application and entering into the lease. The City will apply any unused balance of a deposit to the rent payable under the lease. If the City's costs exceed the amount of any deposit, the applicant shall pay the shortage to the City as a condition of the lease. (d) If the applicant fails to comply with any requirement of this chapter, causes inordinate delay, as determined by the City Manager, or refuses to sign a lease offered to the applicant, the City Manager will reject the applicant's application and apply any deposit made by the applicant under subsection (a) of this section to the City's appraisal, engineering, and consulting costs incurred in connection with the applicant's application. If the City's costs for appraisal, engineering and consulting New Text Underlined; [DELETED TEXT BRACKETED] 73 Ordinance No. 2528 -2011 Page 21 of 23 costs exceed the deposits, the applicant will be responsible for these costs. The City will return any unused deposit balance to the applicant, Section 26. Amendment of Section 21.15.040 of the Kenai Municipal Code: The Kenai Municipal Code, Section 21.15.040, Filing fee and deposit, is hereby amended as follows: 21.15.040 Filing fee and deposit. (a) When submitting an application for lease of land, the applicant shall pay the City the following as set forth in the City's schedule of fees adopted by the City Council: (1) Pay a non- refundable filing fee [IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00)]; and (2) A [MAKE A] deposit to show good faith and secure the City in payment of any costs, including [IN THE FOLLOWING AMOUNTS]: (i) An appraisal cost recovery deposit [OF TWO THOUSAND DOLLARS ($2,000.00)1; and (ii) An engineering, surveying and consulting cost recovery deposit [OF TWO THOUSAND DOLLARS ($2,000.00)]. (b) If the City decides to reject the applicant's application and not enter into a lease with the applicant through no fault of the applicant or failure of the applicant to comply with any requirement of this chapter, any deposit made under subsection (a)(2) of this section will be returned to the applicant. (c) If the City enters into a lease with the applicant any deposit made by the applicant under subsection (a)(2) of this section will be applied to the City's engineering, appraisal, and consulting costs related to the processing of the applicant's application and entering into the lease. The City will apply any unused balance of a deposit to the rent payable under the lease. If the City's costs exceed the amount of any deposit, the applicant shall pay the shortage to the City as a condition of the lease. (d) If the applicant fails to comply with any requirement of this chapter, causes inordinate delay, as determined by the City Manager, or refuses to sign a lease offered to the applicant, the City Manager will reject the applicant's application and apply any deposit made by the applicant under subsection (a) of this section to the City's appraisal, engineering, and consulting costs incurred in connection with the applicant's application. If the City's costs for appraisal, engineering and consulting costs exceed the deposits, the applicant will be responsible for these costs. The City will return any unused deposit balance to the applicant. New Text underlined; [DELETED TEXT BRACKETED[ 74 Ordinance No. 2528 -2011 Page 22 of 23 Section 27. Amendment of Section 22.05.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 22.05.030, Filing fee and deposit, is hereby amended as follows: 22.05.030 Filing fee and deposit. (a) When submitting an application for lease of land, the applicant shall pay the City the following as set forth in the City's schedule of fees adopted by the City Council: (1) Pay a non - refundable filing fee in the amount [OF ONE HUNDRED DOLLARS ($ 100.00)1; and (2) A [MAKE A] deposit to show good faith and secure the City in payment of any costs, including [IN THE FOLLOWING AMOUNTS]: (i) An appraisal cost recovery deposit [OF TWO THOUSAND DOLLARS ($2,000.00)]; and (ii) An engineering, surveying and consulting cost recovery deposit [OF TWO THOUSAND DOLLARS ($2,000,00)]. (b) If the City decides to reject the applicant's application and not enter into a lease with the applicant through no fault of the applicant or failure of the applicant to comply with any requirement of this chapter, any deposit made under subsection (a)(2) of this section will be returned to the applicant. (c) If the City enters into a lease with the applicant any deposit made by the applicant under subsection (a)(2) of this section will be applied to the City's engineering, appraisal, and consulting costs related to the processing of the applicant's application and entering into the lease. The City will apply any unused balance of a deposit to the rent payable under the lease. If the City's costs exceed the amount of any deposit, the applicant shall pay the shortage to the City as a condition of the lease, (d) If the applicant fails to comply with any requirement of this chapter, causes inordinate delay, as determined by the City Manager, or refuses to sign a lease offered to the applicant, the City Manager will reject the applicant's application and apply any deposit made by the applicant under subsection (a) of this section to the City's appraisal, engineering, and consulting costs incurred in connection with the applicant's application. If the City's costs for appraisal, engineering and consulting costs exceed the deposits, the applicant will be responsible for these costs. The City will return any unused deposit balance to the applicant. Section 28. 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 New Text Underlined; [DELETED TEXT i3RACKETE1Y 75 Ordinance No. 2528-2011 Page 23 of 23 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 declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 20. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of February, 2011. ATTEST: Carol L. Freas, City Clerk Introduced: January 19, 2011 Adopted: February 2, 2011 Effective: March 2, 2011 New Text Underlined; 'DELETED TEXT BRACKETED] 76 KENO LASKA 'Village with a Past, C# with a Future ° FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 To: RicIc Koch, City Manager 7 /From: Terry Eubank, Finance Director Date: January 13, 2011 Re: Ordinance 2528 -2011 At its November 4, 2010 work session the Council approved the administration's plan standardize the administration and amendment to City fees. Ordinance 2528 -2011 is the first step in this process and removes from KMC references to specific dollar amounts for City fees and charges. Upon adoption fees will be listed in a single City fee schedule and allow for amending fees via resolution. The appendices of KMC must also be amended to remove specific dollar references to complete the project. The administration continues to work with the City Attorney to introduce resolution(s) at the February 2, 2011 Council Meeting that will amend the appendices of KMC and complete the removal of specific dollar references of fees from KMC. The completed City of Kenai Fee Schedule will be presented via resolution for adoption at the March 2, 2011 Council Meeting. Proposed changes for credit card acceptance, animal control fee increases, and other minor changes will also be proposed with the adoption on March 2, 2011. 77 City of Kenai Schedule of Rates, Charges and Fees Effective Date: March 2, 2011 Ick l+Cocfh, City Manager 2011 -20 Approved via Resolution: The City Manager shall establish and the City Council shall approve via resolution, the fees, rates, and charges for the billing and collections for support of City Services. The City reserves the right to change the rate schedule at any time. There is a 6% sales tax added to the total invoice (3% City and 3% Borough) for all fees, rates, and charges not exempted by the sales tax code of the Kenai Peninsula Borough and the City. KMC Section Fee Description PUBLIC RECORDS REQUESTS KMC 10.40.050 APX - Public Record Inspection Regulations 1.01 First 10 copies are free, more than 10 copies per copy 1.01 Audio CD or cassette, first 1.01 Audio CD or cassette, additional 1.02 Certified Copy Fee 1.03 Production fee will be calculated for work over 5 hours ANIMAL CONTROL ' 3.05.100 (a) Kennel Facility 3.05.100 (b) Dog License - Sterilized Dog Dog License - Non - sterilized Dog Lost License Replacement 3.05.100 (c) (1) First Impoundment within 12 months- Dog First Impoundment within 12 months- Cat 3.50.100 (c) (2) Second Impoundment within 12 months- Dog Second Impoundment within 12 months- Cat 3.05.100 (c) (3) Subsequent Impoundment within 12 months- Dog Subsequent Impoundment within 12 months- Cat 3.05.100 (c) (4) Boarding Fee Animal 1SIbs or less - Per Day Boarding Fee Animal more than 1SIbs - Per Day 3.05.100 (c) (5) Dangerous Animal Impoundment 3.25.060 (c) Veterinarian Service Veterinarian Service Veterinarian Service Veterinarian Service N/A Animal Waiver Fee - Animal Waiver Fee - Animal Waiver Fee N/A Adoption Fee - Dog Spaying or Neutering - Cat Spaying - Cat Neutering - Rabies Vaccination Dog Puppy /Cat Kitten Current Fee Amount $ 0.25 $ 25.00 $ 5.00 $ 10.00 Aotual $ 102.00 $ 10.20 $ 30.60 $ 2.04 $ 51.00 $ 15.30 $ 71.40 $ 30.60 $ 102.00 $ 40.80 $ 20.40 $ 35.70 $ 102.00 $ 91.80 $ 81.60 $ 61.20 $ 20.40 $ 15.30 $ 10.20 $ 5.10 $ 15.30 $90.00 payable' to performing veterinarian upon submission of certificate of service. $80.00 payable to performing veterinarian upon submission of certificate of service. $60.00 payable to performing veterinarian upon submission of certificate of service. $20.00 payable to performing veterinarian upon submission of certificate of service. Note: All Animal Control Fees are subject to a.2% discount for payment by means other than credit card. Attachment A Pag71 of 11 City of Kenai Schedule of Rates, Charges and Fees Current Fee KMC $action Fee Description Amount BUILDING PERMIT FEES 4.05.030 Valuation $1.00 - $500.00 Valuation $501.00 - $2,000.00 - Base Valuation $501.00 - $2,000.00 - Each additional $100.00, or fraction thereof, over $500.00 including $2,000.00 Valuation $2,001.00 - $25,000.00 - Base Valuation $2,001.00 - $25,000.00 - Each additional $1,000.00, or fraction thereof, over $2,000.00 including $25,000.00 Valuation 825,001.00 - $50,000.00 - Base Valuation $25,001.00 - $50,000.00 - Each additional $1,000.00, or fraction thereof, over $25,000.00 Including $50,000.00 Valuation $50,001.00 - $100,000.00 - Base Valuation $50,001.00 - $100,000.00 - Each additional $1,000.00, or fraction thereof, over $50,000.00 Including $100,000.00 Valuation $100,001.00 - $500,000.00 - Base Valuation $100,001.00 - $500,000.00 - Each additional $1,000.00, or fraction thereof, over $100,000,00 including $500,000.00 Valuation $500,001.00 - $1,000,000.00 - Base Valuation $500,001.00 - $1,000,000.00 - Each additional $1,000.00; orfraction thereof, over $500,000.00 including $1,000,000.00 Valuation $1,000,001.00 and up - Base Valuation $1,000,001.00 - and up - Each additional $1,000.00, or fraction thereof, over $500,000.00 $ 23.50 $ 23.50 $ 3.05 $ 69.25 $ 14.00 $ 391.25 $ 10.10 $ 643.76 $ 7.00 $ 993.75 $ 5.60 $ 3,233.75 $ 4.75 $ 5,608.75 $ 3.65 Inspection outside of normal business hours - per hour (two hour minimum charge) $ 47.00 Inspection for which no fee is specifically indicated - per hour (two hour minimum charge) $ 47.00 Additional plan review required by changes, additions or revisions to plans - per hour (one hour minimum charge) $ 47.00 Outside consultants for plan checking and inspections, or both Actual Cost 4.32.030 Group R -3 (per square foot) $ 0.28 Group U -1 (per square foot) $ 0.14 Group R -3 and-U-1 plan•review fees shall be 50% of the -- . building permit fee for each. Calculation PRIVATE DETECTIVE AGENCIES 5.15.020 Detective Agency License - per year 5.15.040 Private Detective License - per yoar MOBILE FOOD VENDOR LICENSE $ 50.00 $ 5.00 5.25.050 Annual Mobile Food Vendor License $ 120.00 (License may be purchased on a 30 -day basis.) Attachment A P5ge of 11 City of Kenai Schedule of Rates, Charges and Fees Current Fee KMC Section Fee Description Amount TRANSIENT MERCHANT AND PEDDLER LICENSE 5.30.040 Annual Transient Merchant and Peddler License $ 25.00 OIL & GAS WELL 5.35.050 011 & Gas Well Application Fee $ 590.00 Oil & Gas Well Processing Fee $ 100.00 RECOUNT OF VOTES - APPLICATION 6.05.220 TIDELANDS Recount of Votes Application Fee (Amendments must be pre- cleared with Department of Justice through the City Clerk.) $ 100.00 11.15.150 Tideland filing fee $ 10.00 11.20.050 Tideland lease filing fee $ 100.00 LEASING OF TIDELANDS 11.20.790 Tideland lease for shore fisheries - per year PLANNING AND ZONING COMMISSION 14.05.020 Variance or Conditional Use Permit Application Fee 14.05.020 Code Amendment Application Fee KENAI ZONING CODE 14.20.180(b)(1)(C) 14.20.180(d) 14.20.240 14.20.270(b)(4) 14.20,290 Variance Permit Application Advertising Fee Variance Permit Application Public Hearing Notice Fee Mobilo Home Building Permit Zoning Amendment Request Advertising Fee • Board of Adjustment Appeal Fay ABANDONED PROPERTY (OTHER THAN MOTOR VEHICLES) 15.05.030 (b) & 15.05.070 15.05.030 (b) & 15.05.070 15.05.030 (b) & 15.05.070 15.05.070 15.05.070 15.05.070 15.05.070 15.05.070 Attachment A Impoundment and Storage - Contractor Impoundment - City Employee Storage by City - per day Towing Charge - Car Towing Charge - Truck Storage Fee - Vehicle (per day) Abandoned Property Certificate Clerk's Endorsement on Certificates Page$of 11 $ 300.00 $ 100.00 $ 100.00 $ 125.00 $ 125.00 $ 100.00 $ 125.00 $ 100.00 Actual Cost $ 5.00 $ 1.00 $ 10.00 $ 13.00 $ 1.00 $ 3.00 $ 5.00 City of Kenai Schedule of Rates, Charges and Fees Current Fee KMC Section Fee Description Amount STREETS AND DRAINAGE 18.10.020 Street Building Permit $ 10.00 EXCAVATIONS IN CITY STREETS BY CONTRACTORS OR UTILITY COMPANIES 18.20.050 Excavation License Fee - per year $ 26.00 PROJECT PERMITS 18,25,030 Inspection Fee $ 10.00 VEHICLE FOR HIRE 20.05.050 (a) 20.05.050 (a) Annual Vehicle for Hire Permit - Permit and First Vehicle Annual Vehicle for Hire Permit - Additional Vehicle (Additional Vehicle may by added at any time during the year.) LAND LEASE APPLICATION AND RENEWAL APPLICATION FEES 21.15.040 (a)(1) 21.10.050 (a)(1) 21.10.050 (a)(1) & 21.10.080 22.05.030 (a)(1) Airport Land Outside of the Airport Reserve Lease Application Fee Airport Reserve Land Lease Application Filing Fee Airport Reserve Land Lease Amendment or Renewal Application Fee General Fund Land Lease Application Filing Fee CEMETERY FEES (All Cemetery Fees are Exempt from Sales Tax) $ 250.00 $ 100,00 $ 100.00 $ 100,00 $ 100.00 $ 100.00 APX -1 Title 24 • Cemetery Regulations Section 1: b. Standard Plot $ 250.00 Section 1: b. Infant Plot $ 150.00 Section 1: b. Cremains $ 100.00 Section 1: b. Summer Grave Opening and Closing - Standard Plot $ 600,00 Section 1: b. Summer Grave Opening and Closing - Infant Plot $ 250.00 Section 1: b. Summer Grave Opening and Closing - Cremains $ 100,00 Section 1: b, Winter Grave Opening and Closing - Standard Plot $ 600,00 Section 1: b. Winter Grave Opening and Closing - Infant Plot $ 260.00 Section 1: b. Winter Grave Opening and Closing - Cremains $ 100.00 Cemetery Gazebo Marker Fees (includes first 30 letters, shipping © $50.00, $ 330.00 one proof Q$30.00, extra letters (0 $3.00 each.) MEMORIAL PARK FEES (All Memorial Park Fees are Exempt from Sales Tax) Attachment A Tree (includes transportation/planting, soil, edging, weed block, and a one -year guarantee on planting) Shrub (includes transportation/planting, soli, edging, weed block, and a one -year guarantee on planting) Marker (includes first 30 letters, shipping @ $50.00, one proof @$30 .00, extra letters @ $3,00 each.) Memorial Park Rock (Actual cost for ground preparation, transportation, placement, etc. and plaque borne by requestor,) Logo or emblem Pag81f11 $ 265.00 $ 165.00 $ 330.00 Actual Cost Additional Fee City of Kenai Schedule of Rates, Charges and Fees Current Fee KMC Section Fee Description Amount SENIOR CENTER RENTAL Main Dining Room Rental $ 420.00 Kitchen Rental $ 210.00 Dishes (per place setting) $ 1.30 Each Additional Service Call $ 52.50 Main Dining Room Security Deposit $ 525.00 Kitchen Security Deposit $ 105.00 SENIOR CENTER MEAL - SUGGESTED DONATIONS 6 years and younger $ 5,00 8 years and older up to 69 years $ 9.00 60 years and older $ 5.00 VINTAGE POINTE RENTS 1-A apartment= 686 Sq. Ft. Ocean Side $ 714.00 1 -A apartment =586 sq. ft. Street Side $ 677.28 1 -B apartment =637 sq. ft. Ocean Side $ 689.52 1 -6 apartment =636 sq. ft. Street Side $ 689.52 1 -6 apartment =637 sq. ft. Ocean Side $ 728.24 1 -C apartment =682 sq. ft. Ocean Side $ 738.48 1 -C apartment =682 sq. ft. Street Side $ 701.76 1 -0 apartment =682 sq. ft. Ocean side $ 726.24 2-A aparlment=626 sq. ft. Ocean Side $ 787.44 2-A apartment =826 sq. ft. Street Side $ 750,72 2 -6 apartment =876 sq. ft. Ocean Side $ 799.68 2 -6 apartment =876 sq. ft. Street Side $ 762.96 2 -C apartment =789 sq. ft. Ocean Side $ 775.20 Monthly Automatic, ACM Payment Fee $ Note: All Vintage Pointe Rents are subject to a 2% discount for payment by means other than credit card. Attachment A 11 Page 82 f KMC Section LIBRARY FEES City of Kenai Schedule of Rates, Charges and Fees Fee Descrin(ion Currant Fee Amount APX - Library Regulations and Policies 2. Late Foos a. -books per day $ 0.10 b. - videos, DVDs, non -book material per day • $ 1.00 c. - cassette players, screens, projectors per day $ 3.00 Service Charges (The cost for replacement of books and other materials that are !oat or damaged beyond repair shall be the actual cost of replacement or the following schedule will be used when actual replacement cost is 3. unavailable.) b, - hardcover books $ 26.00 b. - Juvenile reference $ 35,00 b. -music cd's $ 25.00 b. - periodicals $ 5.00 b. -CD -ROMS $ 40.00 b. - Alaska government documents $ 45.00 b. -audio books $ 20.00 b. - videos and DVDs $ 25.00 b. -ILL books (fee or actual cost charged by lender $ 25.00 b. -adult reference $ 45.00 b. - juvenile kits $ 20.00 b. - microfilm reels or microfiche $ 35.00 b. - paperback books $ 16.00 b. - fishing rods and reels $ 59.00 b. -MP3 players and FM transmitters $ 100.00 c. Rebinding Fees - actual cost of rebinding + 5.00 handling fee d. Proctoring Tests $ 20.00 4. Replacement Costs a. - barcode $ 1.00 b. lost library card $ 1.00 c. -lost hang up bags, audiolvisual or cassette containers $ 3.00 5. Damages a. - defaced or torn pages per page $ 2.00 Photocopying (per page) $ 0.25 Printing from public computers (per page) $ 0.25 Equipment check out (par day) $ 2.00 Attachment A Page 6 of 11 83 KMC Section AIRPORT FEES 21.05,085 APX - Airport Regulations 6.05,070 (c) 6.05.070 (c) 6.05.070 (c) 6.05.070 (c) 6.05.070 (c) 6.05.070 (c) 6.05.070 (c) 14.05.010 (a)(2) 14.05.010 (b)(2) Attachment A City of Kenai Schedule of Rates, Charges and Fees Fee Description Fuel Flowage Fee per gallon Aircraft Parking Fees - transient, under 4,000 lbs. 0 - 4 hrs. - transient, under 4,000 lbs. over 4 hrs - transient, 4,001 - 25,000 Ibs per day - transient, 12,501 - 100,000 Ibs 0 - 4 hrs - transient, 12,501 - 100,000 Ibs over 4 hrs - transient, 100,001 Ibs and over. 0 - 4 hrs - transient, 100,001 Ibs and over and over 4 hrs Landing Fees Signatory per thousand pounds Non - signatory per thousand pounds exempt -- float planes, test landings due to mechanical or weather, government aircraft Tie -down Fees, General Aviation Paved Areas - wheels, per month - wheels, per year - wheels, wlelectric per month - wheels, wlelectric per year Gravel Area - wheels /skis, per month - wheals /skis, per year Float Plane Basin, Private -daily - monthly - season -- May to October - floats /wheels per year -floats/wheels/skis per year - floats /wheels w /electric per year Float Plane Basin, Commercial -daily - monthly - season -- May to October - floats /skis /wheels - monthly w /electric - season wlelectric Terminal Building Rent •• Exclusive Space - signatory - per square foot per year - signatory -- arrival hallway, departure hallway, passenger hold room & baggage claim area (per square foot per year) Terminal Building Rent -- Joint Use Space -signatory -- baggage make up area (per square foot per year) - signatory -- baggage break down area (per square foot per year) - non - signatory terminal rates 30% higher Vehicle Parking Fees at Terminal -short term 0 - 2 hours -24 hours - annual permit Vehicle Parking Fees at GA Lot - calendar day - annual permit Business Activity & Airport Access Permit - mechanic access (per each) - fueling access (annual) - dispensing fee (per gallon) -water extraction access (annual) -float plane parking apron (annual) - Deposit/replacement proximity card fee (each) Page 87 of 11 Current Fee Amount $ 0.02 FREE $ 5.00 $ 25.00 $ 50.00 $ 100.00 $ 100.00 $ 200.00 1.21 1.57 $ 40.00 $ 360.00 60.00 $ 420.00 $ 40.00 $ 360.00 $ 5.00 $ 40.00 $ 250.00 $ 360.00 $ 380.00 $ 420.00 $ 10.00 $ 50.00 $ 300.00 $ 450.00 $ 75.00 $ 550.00 $ 23.96 $ 23.96 $ 14.52 $ 14.52 FREE $ 5.00 $ 500.00 $ 2.00 $ 300.00 $ 25.00 $ 100.00 $ 0.02 $ 25.00 $ 25.00 $ 100.00 City of Kenai Schedule of Rates, Charges and Fees Current Fee KMC Section Fee Descriptlart Amount PUBLIC WORKS & CAPITAL PROJECT FEES Bid Documents and Project Plans Actual Cost PARKS AND RECREATION FEES Multipurpose Facility - hourly rate (reservation) Ice Rink Pass - Family pass Adult pass -Youth pass Public Skate Picnic ShefterlGazebo Reservation - Picnic Shelter (Refundable deposit $60.00) - Gazebo (Refundable deposit $200.00) Community Garden Plot (each) Adopt -A -Bench (Includes bench, shipping, installation and maintenance.) PLANNING & ZONING FEES POLICE FEES $ 125.00 $ 45.00 $ 30.00 $ 20.00 $ 1.00 $ 15.00 $ 20.00 $ 20.00 $ 450.00 Sign Permits -home occupation $ 5.00 - electrical signs $ 26.00 -all others $ 15.00 Maps -11 x 17 FREE - 17x22or22x34 $ 15.00 -34 x44 or 28 x 40 $ 25.00 Copies -per page $ 0.25 Research fee - Minimum per report and non - refundable (up to 4 pages) $ 10.00 Report Pages in excess of 4 (per page) $ 0.50 Copying case reports from microfilm (up to first 4) $ 21.00 -per page over 4 $ 1.00 Digital Photographs $ 31,50 Copying of cassette (per tape) $ 26.25 Copying of video tape (per tape) $ 52,50 Copying of CDsJDVDs (per) $ 62.60 AMBULANCE FEES Attachment A BLS Non - emergency $ 350.00 BLS Emergency $ 550.00 ALS I (advanced life support) $ 650.00 ALS II $ 800.00 Mileage per mile $ 11.00 Page 8of11 85 City of Kenai Schedule of Rates, Charges and Fees Current Fee KM¢ Section Fee Description Amount WATER FEES APX - Public Utility Regulations and Rates 1. Schedule A - General Domestic Service Rates (non - metered) -one or two family residence, per family unit $ 14.06 - single or double unit apartment, per family unit $ 14.06 - apartment, 3 or more units under one roof, per family unit - single bill assumed by owner $ 10.59 - separate bill $ 14.06 - trailers, one or two on single lot, each $ 14.06 - trailer, 3 or more on single lot - single billing $ 10.59 - separate billing $ 14.06 - boarding houses, per available room $ 3.74 2. Schedule B - Commercial service (non - metered) - demand -1.00 inch service $ 14.26 -1.25 inch service $ 21.73 -1.50 inch service $ 35.98 -2.00 inch service $ 54.30 -3.00 inch service $ 81.46 - larger than 3.00 Inch service $ 122.19 -use charge -bakery $ 41.41 -bath house, tub or shower, each $ 9.51 - bottling works, per bottling machine $ 327.19 - bowling alleys, amusement parks, doctor $ 39.37 -car lot, with car wash facilities $ 19.69 -car wash, automatic, per facility $ 176.49 car wash, self - service, per stall $ 26.47 - churches, lodges, clubs, banquet rooms, per seat $ 0.15 - cleaners and commercial laundries, per facility $ 113.36 - dairies, installation of water meter required -day care center /preschool, per child, maximum capacity $ 0.57 - doctor and dentist offices, per room or chair $ 8.49 - garage, service stations $ 16.97 ' - recreational vehicle dump facility May - September) $ 19.69 - hangar, airplane ropair $ 16.97 -with washing facilities $ 19.68 - hospital, per bed $ 11.21 - hotel, motel, resort, per room $ 8.82 - laundry, self service, per machine $ 15.96 - markets, meat $ 21.73 - office building single bill assumed by owner, per business $ 19.00 - office building, tenants are billed, per business $ 21.73 - restaurants, cafes, taverns, bars, per seat $ 1.22 - public office building, per restroom $ 4.89 - recreation facility, per restroom, sauna, shower $ 9.51 -ry /camper park, per space $ 9.51 - schools, per seating capacity $ 0.57 - shopping center $ 9.85 - shops, beauty, per station or chair $ 9.85 - shops, misc. (includes barber), per shop $ 9.85 - sleeping room, per room $ 3.74 Attachment A Page 9 of 11 86 $MC Section WATER FEES - .Continued City of Kenai Schedule of Rates, Charges and Fees Fee Description - studio, photo or photo lab - supermarket - theater, indoor, per seat - theater, outdoor, per seat - taverns, lounges, bars (without kitchens), per seat -xray or lab office 3. Schedule C - Industrial Service (non- metered) - concrete mixing plant - concrete products - confectioner - greenhouse, commercial -ice cream plant -cold storage plant or locker 4. Schedule D - Fire Protection 6. Schedule E - Metered Service - general usage, per thousand gallons - hydrant use, per thousand gallons - minimum monthly charge, general usage 6. Schedule F - Permit fee Note: All Water Fees are subject to a 2% discount for payment by means other than credit card. SEWER FEES APX - Public Utility Reg 1. Schedule A • ulations and Rates General Domestic Service Rates (non - metered) -one or two family residence, per family unit - single or double unit apartment, per family unit - apartment, 3 or more units under one roof, per family unit - single bill assumed by owner - separate bill - trailers, one or two on single lot, each - trailer, 3 or more on single lot - single billing - separate billing - boarding houses, per available room 2. Schedule 13 .. Commerclal service (non- metered) - demand -1.00 inch service -1.25 Inch service -1.50 inch service -2.00 Inch service -3.00 inch service - larger than 3.00 inch service -use charge -bakery -bath house, tub or shower, each - bottling works, per bottling machine - bowling alleys, amusement parks, doctor -car lot, with car wash facilities Attachment A Page 10 of 11 87 Current Fee Amount $ 46.50 $ 111.67 $ 0.07 $ 0.07 $ 1.16 $ 27.84 $ 179.20 $ 89.61 $ 69.73 $ 59.73 $ 89.61 $ 42.09 None $ 1.36 $ 2.04 $ 20.35 $ 204.00 $ 41.16 $ 41.16 $ 30.95 $ 41.16 $ 41.16 $ 30.96 $ 41.16 $ 11.11 $ 41,55 $ 61.62 $ 104.61 $ 156.20 $ 236.45 $ 355.39 $ 120.37 $ 27.22 $ 954.39 $ 115.36 $ 57.32 City of Kenai Schedule of Rates, Charges and Fees MAC Setirrn Fee Description SEWER FEES - Continued Current Fee Amount -car wash, automatic, per facility $ 513.02 -car wash, self- service, per stall $ 76.66 - churches, lodges, dubs, banquet rooms, per seat $ 0.44 - cleaners and commercial laundries, per facility $ 329.59 - dairies, installation of water meter required -day care center/preschool, per child, maximum capacity $ 1.65 - doctor and dentist offices, per room or chair $ 24.72 - garage, service stations $ 50.15 - recreational vehicle dump facility May - September) $ 57.32 - hangar, airplane repair $ 49.80 -with washing facilities $ 57.32 - hospital, per bed $ 32.96 - hotel, motel, resort, per room $ 25,44 - laundry, self service, per machine $ 46.22 - markets, meat $ 63.00 -office building single bill assumed by owner, per business $ 54.46 -office building, tenants are billed, per business $ 63.06 - restaurants, cafes, taverns, bars, per seat $ 3.66 - public office building, per restroom $ 14.33 - recreation facility, per restroom, sauna, shower $ 27.58 - rvlcamper park, per space $ 27.58 - schools, per seating capacity $ 1,66 - shopping center $ 28.66 - shops, beauty, per station or chair $ 28.66 - shops, misc. (Includes barber), per shop $ 28.6$ - sleeping room, per room $ 11.11 - studio, photo or photo lab $ 136.14 - supermarket $ 325.30 - theater, Indoor, per seat $ 0.19 - theater, outdoor, per seat $ 0.19 - taverns, lounges, bars (without kitchens), per seat $ 3.44 -xray or lab office $ 80.97 3. Schedule C Industrial Service (non. metered) - concrete mixing plant $ 523.06 - concrete products $ 260.81 - confectioner $ 173.40 - greenhouse, commercial $ 173.40 -ice cream plant $ 260.81 -cold storage plant or locker $ 121.81 4. Schedule D - Fire Protection None 5. Schedule E - Metered Service - general usage, per thousand gallons $ 4.08 - hydrant use, per thousand gallons - minimum monthly charge, general usage $ 61.20 6. Schedule F - Permit fee $ 204.00 Attachment A Note: All Sewer Fees are subject to a 2% discount for payment by means other than credit card. Page 11 of 11 88 9cc ACTION AGENDA KENAI CITY COUNCIL — REGULAR MEETING MAY 4, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. Kathryn Knackstedt -- "Caring for the Kenai" Project Presentation / "Keep Your (Cigarette) Butts Away from Water and Trails." ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) 1. PASSED. Ordinance No. 2553 -2011 -- Waiving a Sale Restriction Imposed by Kenai Municipal Code Section 21.05.010(b) With Respect to Lot 2, Block 1, Gusty Subdivision (11472 Kenai Spur Highway) Located Within the Airport Reserve; Authorizing the Sale of Lot 2, Block 1, Gusty Subdivision to the Current Lessee, Ma 86 Pa Alaskan Treasures, Inc.; and Determining That Lot 2, Block 1, Gusty Subdivision is Not Needed for a Public Purpose. 2. PASSED. Resolution No. 2011 -29 -- Awarding a Contract to Professional Credit Service to Perform Collection Services for the City of Kenai on Delinquent Ambulance Bills. 89 (Clerk's Note: At April 20, 2011 Council meeting, Resolution No, 201 1 -29 was amended and subsequently postponed (in order for the contract to be reviewed by Council) to the May 4, 2011 Council meeting. The motion to approve Resolution No. 2011 -29, as amended, is active.) 3. PASSED UNANIMOUSLY. Resolution No. 2011 -32 Authorizing a Budget Transfer of $8,000 Within the Water and Sewer Special Revenue Fund- Wastewater Treatment Plant Department. 4. PASSED UNANIMOUSLY. Resolution No. 2011 -33 -- Awarding the Bid to Big G Electric & Engineering, Inc., for LED Streetlight Installation 2011 for the Total Amount of $27,522.68. 5. PASSED UNANIMOUSLY. Resolution No. 2011 -34 -- Authorizing the City Manager to Enter Into a Corporate Service Agreement for the Kenai Municipal Airport. 6. PASSED. Resolution No. 2011 -35 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Include Camping, Parking, and City Dock Fees and to Increase Camping and Parking Fees Associated with the Personal Use Fishery on the City's North and South Beaches From the FY 11 Rate of $15.00 Per 12 -Hour Period for Parking and $15.00 Per Overnight Camping to $20.00 for Each. 7. PASSED UNANIMOUSLY. Resolution No. 2011 -36 -- Authorizing a Budget Transfer Within the General Fund, Non - Departmental and Land Administration Departments for External Legal Services to Review a Proposed Land, Sub - Surface Rights Agreement Between the City and Cook Inlet Natural Gas Storage Alaska (CINGSA). 8. PASSED UNANIMOUSLY. Resolution No. 2011 -37 --- Authorizing the Purchase of Airport Snow Removal Equipment for the Total Amount of $804,302.00. ITEM E: MINUTES 1. APPROVED. *Regular Meeting of April 20, 2011. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. APPROVED. Ratification of Bills 2. APPROVED. Approval of Purchase Orders Exceeding $15,000 3. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2554 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Personal Use Fishery Capital Projects Fund. 90 4. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2555 -2011 -- Increasing Estimated Revenues and Appropriations by $3,688 in the Airport Fund and by $147,512 in the Airport Improvement Capital Project Fund for the Engineering and Design of the Airport Apron Pavement Rehabilitation. ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission. 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention & Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENT 1, Citizen Comments (Public comment limited to 5 minutes per speaker) 2. Council Member Comments EXECUTIVE SESSION -- None scheduled. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2546 -2011 -- Amending KMC 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR-1 Zoning District, Including Changing Many "Conditional Uses" to Uses "Not Permitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zone. (Clerk's Note: Ordinance No. 2546 -2011 was introduced at the April 6, 2011 Council Meeting and referred to the Planning & Zoning Commission for work session and public hearing, then to be returned to Council with the Commission's recommendation for the May 18, 2011 Council Meeting at which time a public hearing will be held and Council will consider the ordinance.) ITEM M: ADJOURNMENT 91 Philip Bryson Chairman Kenai City Term Expires 2013 Paulette Bokenko- Carluccio PC Member City of Serdovia Term Expires 2012 Alice Joanne Collins PC Member Anchor Point/ Ninilchik Term Expires 2013 Cindy Ecklund PC Member City of Seward Term Expires 2011 Dr. Rick Foster Parliamentarian Homer City Term Expires 2013 Mari Anne Gross PC Member Southwest Borough Term Expires 2011 Sandra Key Holsten PC Member East Peninsula Term Expires 2013 James (sham PC Member Sterling Term Expires 2012 Harry Lockwood PC Member Ridgeway Term Expires 2013 Blair Martin Vice Chairman Kalifornsky Beach Term Expires 2012 Lisa Parker PC Member City of Soldotna Term Expires 2011 Robert Ruffner PC Member Kasilof /Clam Gulch Term Expires 2012 KENAI PENINSULA BOROUGH PLANNING COMMISSION GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 May 9, 2011 - 7:30 P.M. Tentative Agenda A. CALL TO ORDER B. ROLL CALL 91) C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk ( *) are consent agenda items. Consent agenda items are considered routine and non - controversial by the Planning Commission and will be approved by one motion, There will be no separate discussion of consent agenda items unless a Planning Commissioner so requests In which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will Inform the Chairman of your wish to comment. *1. Time Extension Request - None *2. Planning Commission Resolutions / Resolution SN 2011 -08 a. Unnamed private road that cuts through KN 0820045 McGahan Ridge Subdivision; T 8N R 11W SECTION 32, Seward Meridian; RENAMED TO: McGahan Ridge TrL b. Unnamed private road (aka Stefun Tr!) commencing on Alaska State DNR property and continuing through privately owned property; T 5S R 12W SECTIONS 29 & 30, Seward Meridian; RENAMED: True Stefun Rd *3. Plats Granted Administrative Approval *4. Plats Granted Final Approval (20.04.070) *5. Plat Amendment Request *6. Coastal Management Program - None *7. Commissioner Excused Absences 1. Rick Foster, Homer City *8. Minutes a. April 25, 2011 Plat Committee Minutes b. April 25, 2011 Planning Commission Minutes D. PUBLIC COMMENT /PRESENTATIONS /COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS 93 1 Jason Tauriainen PC Member Northwest Borough Term Expires 2011 Max J. Best Planning Director Dave Carey Borough Mayor F. PUBLIC HEARINGS 1. Public notice is hereby given that public hearings will be held to rename existing streets to facilitate the Enhanced 911 Street Naming and Addressing Methods within the Kenai Peninsula Borough. Renaming rights -of -way that have the same, or a similar sounding, name will enable 911 Emergency Services to respond to emergencies in an efficient timely manner, thereby avoiding delays in providing necessary emergency services. Streets under consideration at this meeting are described as follows: a. Gold Rd/ St (aka Gold Ave) dedicated by plats HM0740486 North Fork Acres No 3, HM0790012 Thomas Simmons Subdivision, HM0830123 Outlook Subdivision Addition No 1, & Royal Highlands Phases 1 -7 and 12; T 4S R 14W SECTIONS 34 & 35, Seward Meridian, AK; In the Anchor Point Community; ESN 401; REASON FOR CHANGE: Duplicate; PROPOSED NAME: Gilded Ave b. Laurel St (aka North Laurel Ave) dedicated by plats KN0001575 Thomack Subdivision 1968 Addition; T 02N R 12W SECTION 32; Seward Meridian, AK; Off of Thomack Ave in the Clam Gulch community; ESN 302; REASON FOR CHANGE: To meet KPB street naming code requirements; PROPOSED NAME: Laurel Ln c. Unnamed Rd (aka Chieslak Ct) dedicated by plat KN0850215 Spruce Haven Subdivision; T 3N R 12W SECTION 14; Seward Meridian, AK; Off of Chieslak Ln in the Cohoe Community; ESN 302; REASON FOR CHANGE: To officially enter into the MSAG; PROPOSED NAME: Chieslak Cir d. Tawney St (aka Tawney Ave) dedicated by plat KN0740065 Loralyn Subdivision; T 2N R12W SECTION 1; Seward Meridian, AK; Off of Collins Dr in the Cohoe Community; ESN 302; REASON FOR CHANGE: To officially enter into the MSAG; PROPOSED NAME: Tawney Ave 2. Resolution 2011 -XX; Resolution Approving the Acquisition of a Non - Exclusive Road Easement for Public Road Purposes from Cook inlet Region, inc. (CIRI) for CIP Project No. N5SMI Smith Road. 3. Resolution 2011 -XX; Resolution Approving the Acquisition of a Public Road Easement From Rolf and Carol Bardarson for Road Service Area Capital Improvement Project #E3MOA Moat Way, Excalibur Way and Camelot Drive. 4. Resolution 2011 -XX; Resolution Approving the Acquisition of a Nonexclusive Drainage Easement from Rolf B. Bardarson and Carol Bardarson for Road Service Area Capital improvement Project #E3MOA Moat Way, Excalibur Way and Camelot Drive. 5. Ordinance 2011 -15; Ordinance Amending KPB 14.04, Road Construction and Right -of -Way Acquisition and KPB 17.10.030, Acquisition of Lands and Resources, to authorize the Mayor to Acquire Easements for Road Improvement Projects without Assembly Approval. 6. Resolution 2011 -XX; a resolution authorizing the Borough on behalf of the South Kenai Peninsula Hospital Service Area to enter into a ten -year lease agreement with South Peninsula Professional Services, LLC for medical office space within the Kachemak Bay Professional Building located at 4201 Bartlett St., Homer, Alaska 99603, and authorizing an amendment to the 94 2 sublease and operating agreement with South Peninsula Hospital, Inc. to include this lease. 7. Resolution 2011 -XX; Resolution authorizing the lease of 420 square feet of office space in the Seaview Community Plaza Building for the Seward Annex Office for up to 5 years. 8. Resolution 2011 -XX; Resolution authorizing the lease of 440 square feet of office space in the Seaview Community Plaza Building, Seward, Alaska for the Seward Bear Creek Service Area for up to 5 years. G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) H. VACATIONS NOT REQUIRING A PUBLIC HEARING SPECIAL CONSIDERATIONS 1. Considering the official nature of the street names Cohoe Loop Rd and Webb Ramsell Rd; Cohoe Community; ESN 302 J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 7 preliminary plats. K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS L. OTHER/NEW BUSINESS M. ASSEMBLY COMMENTS N. LEGAL REPRESENTATIVE COMMENTS O. DIRECTOR'S COMMENTS P. COMMISSIONER COMMENTS Q. PENDING ITEMS FOR FUTURE ACTION R. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Kenai Planning & Zoning Commission Minutes - April 13, 2011 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, May 23, 2011 in the Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley, Soldotna, Alaska at 7:30 p.m. Advisory Commission ADVISORY PLANNING COMMISSION MEETINGS Meeting Location Date Time Anchor Point Anchor Point Chamber of Commerce May 17, 2011 7:00 p.m. Cooper Landing Cooper Landing Community Hall 95 3 June 1,2011 6:00 p.m. Hope / Sunrise Hope Social Hall June 2, 2011 7:00 p.m. The Kachemak Bay and Funny River Advisory Planning Commissions are inactive at this time. NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting date, location, and time with the advisory planning commission chairperson. Chairperson contact information is on each advisory planning commission website, which is linked to the Planning Department website. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907 -714 -2200 Phone: toll free within the Borough 1- 800 - 478 -4441, extension 2215 Fax: 907 -714 -2378 e -mail address: planning(Morough.kenai.ak.us web site: www. borough .kenai.ak.us /planningclept 4 96 MEMBERS: Paulette Bokenko- Carluccio City of Seldovia Term Expires 2012 JoAnne Collins Anchor Point / Ninilchik Term Expires 2013 Harry Lockwood Ridgeway Term Expires 2013 Robert Ruffner Kasilof / Clam Gulch Term Expires 2012 ALTERNATES: Mari Anne Gross Southwest Borough Term Expires 2011 Sandra Holsten East Peninsula Term Expires 2013 Lisa Parker City of Soldotna Term Expires 2011 KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 6:00 p.m. May 9, 2011 Tentative Agenda A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member /Alternate Excused Absences 3. Minutes a. April 25, 2011 Plat Committee Minutes D. PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. SUBDIVISION PLAT PUBLIC HEARINGS 1. U.S. Survey No. 2525 Lot 9A and Lot 9B KPB File 2011 -020 [Cooper /Greenman, Engbers, Van Kooten] Location: On Snug Harbor Road in Cooper Landing Cooper Landing APC 2. Federal Addition to Seward Kang Replat KPB File 2011 -035 [integrity /Kang, Shin] Location: City of Seward 3. Lakecrest Sub Burgan Replat KPB File 2011 -042 [Integrity/ Burgan] Location: On Halbouty Road in North Kenai 4. D. E. Oehler Sub No. 3 KPB File 2011 -039 [McLane /Kenai Christian Church] Location: City of Kenai 5. Anchor Crest 2011 KPB File 2011 -041 [Imhoff /Kyllonen] Location: Old Sterling Hwy in Anchor Point Anchor Point APC 6. Augustine Sub No. 5 KPB File 2011 -043 [Imhoff /Partridge, Holy Cross House] Location: City of Homer 7. Carol Deitz Subdivision KPB File 2011 -044 [Imhoff / Deitz] Location: City of Kachemak F. FINAL SUBDIVISION PLAT PUBLIC HEARING G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED H. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held Monday, May 23, 2011 in the Assembly Chambers of the George A. Navarre Kenai Peninsula Borough Building, 144 North Binkley, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone: 907 -714 -2215 Phone: toll free within the Borough 1-800-478-4441, extension 2215 Fax: 907 -714 -2378 e -mail address: olanninq(a7borough.kenai.ak.us web site: www. borough .kenai.ak.us /planninodept 2 98