HomeMy WebLinkAboutResolution No. PZ2011-16CITY 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 KMC14.20.185, 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 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
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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
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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.
(1) 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.
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(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;
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(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 14.20.185 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 pet. it it.
(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.
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(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.
(1) 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.]
f [(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:
(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 6. 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
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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.
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(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) clay 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)
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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.
(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.
(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.
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(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.
(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) 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.
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(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 (128) 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.
(I) Flashing or intermittent illumination signs are not permitted
except time and temperature, automatic changing message signs
and traditional holiday decorations.
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(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.
(0) 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
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Resolution PZl 1 -16 - Page 12
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 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.
(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.
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Resolution PZ11 -16 - Page 13
(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.
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Resolution PZ11 -16 - Page 14
(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) 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
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Resolution PZ11 -16 - Page 15
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.
(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.
(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:
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Resolution PZI1 -16 - Page 16
(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
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Resolution PZ11 -16 - Page 17
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 7. 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 Horne 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.
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Resolution PZ11 -16 - Page 18
(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 8. 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 9. Effective Date: Pursuant to KMC 1.15.070(1), this ordinance shall take
effect one month after adoption.
`rL
Dated en Alaska+ is day of j, 2011.
Chat
ATTEST:
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Resolution PZl 1 -16 - Page 19