HomeMy WebLinkAbout2012-07-25 Planning & Zoning Packet - Work SessionAGENDA
CITY OF KENAI
PLANNING & ZONING COMMISSION
WORK SESSION
July 25, 2012
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. *Public Participation : PZ12 -19 — A resolution of the Kenai Planning and Zoning
Commission recommending Kenai City Council amend Kenai Municipal Code Section
14.22.010, "Land Use Table," for all zones by amending three uses, add language to
Footnote 13 to provide consistency between Title 14 and Title 3, and deleting three uses.
Commission Discussion: PZ12 -19 — A resolution of the Kenai Planning and Zoning
Commission recommending Kenai City Council amend Kenai Municipal Code Section
14.22.010, "Land Use Table," for all zones by amending three uses, add language to
Footnote 13 to provide consistency between Title 14 and Title 3, and deleting three uses.
5. *Public Participation : PZ12-23 — A resolution of the Kenai Planning and Zoning
Commission recommending Kenai City Council amend Section 14.20.230, "Home
Occupations," to clarify that appeals regarding Home Occupation Permits shall be made
in accordance with KMC 14.20.290, "Appeals -Board of Adjustment," and to make other
technical changes to provide uniformity with the Kenai Zoning Code, KMC Chapter
14.20.
Commission Discussion: PZ12-23 — A resolution of the Kenai Planning and Zoning
Commission recommending Kenai City Council amend Section 14.20.230, "Home
Occupations," to clarify that appeals regarding Home Occupation Permits shall be made
in accordance with KMC 14.20.290, "Appeals -Board of Adjustment," and to make other
technical changes to provide uniformity with the Kenai Zoning Code, KMC Chapter
14.20.
6. *Public Participation — Comprehensive Plan — Proposed Future Land Use Map
Commission Discussion — Comprehensive Plan — Proposed Future Land Use Map
7. Adjournment
* Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated.
The Commission may relax this restriction.
y
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ12 -19
A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION
RECOMMENDING THAT KENAI CITY COUNCIL AMEND THE KENAI MUNICIPAL
CODE, CHAPTER 14.22, "LAND USE TABLE," TO MAKE TECHNICAL CORRECTIONS
BY DELETING DUPLICATIVE REFERENCES TO CERTAIN USES (PARKING,
PRINTING, AND CHARITABLE INSTITUTIONS), DIVIDING OUT USES GROUPED
TOGETHER SO THEY ARE SEPARATELY- LISTED USES, AND ADDING INTERNAL
CODE REFERENCES.
WHEREAS, the Land Use Table currently lists a single category of
"Theaters /Commercial Recreation," yet these activities could be highly varied and
separating the two uses (while keeping the land use permissions the same for each
zoning districts) will better aid the public in the future in making determinations
about which activities included in these uses may be allowed in various zones within
the City; and,
WHEREAS, the category "Animal Boarding" should be amended to clarify that it
includes the use for a "Commercial Kennel "; and,
WHEREAS, adding a reference in Footnote 13 regarding the City's animal control
ordinances at Kenai Municipal Code Chapter 3.15 will help the public understand
additional requirements adhere to animal control uses; and,
WHEREAS, it is no longer necessary to specifically list some uses, like printing and
charitable institutions, because those uses are already described and permitted
through other allowed uses; and,
WHEREAS, "Off- Street Parking" is regulated under KMC 14.20.250 so its separate
listing in the Land Use Table is unnecessary where parking lots are already covered
under a different entry in the Land Use Table; and,
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING
COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI,
ALASKA, AMEND KENAI MUNICIPAL CODE as shown on Attachment A:
Dated at Kenai, Alaska this day of , 2012
CHAIR:
ATTEST:
New Text Underlined; [DELETED TEXT BRACKETED]
14.22.010 Land use table.
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on following pages for
additional restrictions
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution No. PZ12 -19 — Attachment A
Pape 1
ZONING DISTRICTS
RESIDENTIAL
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
III
ED
R
TSH
LC
CMU
One Family Dwelling
C18
P
P
p
p
p
p
p2'
S'
s2
s2
c22
p
p
p
S` /C21
Two/Three Family
Dwelling
C'8
P
P
P
P
P
P
P2'
S'
C
C
C22
P
P
PSI/C21
Four Family Dwelling
OP
C3.29
P
N
N
P
P21
S'
C
C
C22
N
P
C
S1 /C21
Five /Six Family Dwelling
C1s
C3
N
P
N
N
P
P2'
S'
C
C
N
N
P
C
S' /C2'
Seven or More Family
Dwelling
C18
C3
N
C3
N
N
P
P2'
S'
C
C
N
N
P
CSI/C2'
Townhouses``
C18
0
C3'29
C3
C3
C3
C3
C
C
C
C
C22
C
C
C
C
Mobile Home Parks
N
C
N
C
C
C
C
C
C
C
C
N
C
N
N
C
Planned Unit Residential
Development'
C16
C
C2°
C
C
C
C
C
C
C
C
N
C
C
C
C
COMMERCIAL
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
III
P
ED
R
TSH
LC
CMU
Automotive Sales
N
C
N
N
N
N
C
P
P
P
N
N
N
N
p
Automotive Service
Stations
NC
N
N
N
N
C
P
P
P
P
N
C
N
N
p
Banks
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
i
Business /Consumer
Services
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
p
Guide Service
N
C
N
C
N
N
C
P
P
P
P
N
P
P
C
p
Hotels/Motels
N
C
N
C
N
N
C
P
P
P
C
N
C
P
C
P
Lodge
N
C
N
C
N
N
C
P
P
P
C
N
P
P
C
p
Professional Offices
N
C
C 2 ' 3
C
N
N
P
P
P
P
P
N
C
P
p
p
Restaurants
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
p
Retail Business
N2f
C
N
C
N
N
C
P
P
P
P
S24
S24
C
C
p
Wholesale Business
N
C
N
C
N
N
C
C
P
P
P
N
S24
C
C
N
Theaters[ /COMMERCIAL
RECREATION]
N
C
N
C
N
N
C
P
P
C
C
N
P
C
C
p
Commercial Recreation
NC
N
C
N
N
C
P
P
C
C
N
P
C
C
P
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution No. PZ12 -19 — Attachment A
Pape 1
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on following pages for
additional restrictions
INSTITUTIONS]
[P] [P] [C] [P] [C] [P]
Churches*
C
Pia
Pio
Pio
Pia
Pin
P'o
Pio
P10
C
Clinics
C
C
N
C
C
C
C
P
P
P
C
C
P
Pia
P
P
P
C
C
C
P
P
Colleges*
C
C
c29
C
C
C
C
P
P
C
P
C
C
C
P
Elementary Schools*
C
C
c"
C
C
C
C
P
P
C
Governmental Buildings
C
C
C29
C
C
C
C
P
P
P
High Schools*
Hospitals*
C
C
C 29
C
C
C
C
P
P
C
C
C
C
P
C
C
C
P
P
C
C
P
P
P
C
C
C
P
C
C
N
C
C
C
C
P
P
P
C
C
C
C
C
P
Libraries*
C
C
C29
C
C
C
c12
P
P
P
Museums
C
C
C29
C
C
C
C
P
P
P
Parks and Recreation
P
C
c29
C
C
C
C
P
P
P
Assisted Living
C
C
C
C
C
C
C
C
C
C
C
C
P
C
P
C
P
C
P
P
C
P
C
P
P
P
P
C
P
C
C
C
C
C
MISCELLANEOUS
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
Animal Boarding /Commercial
Kennel"
C
C
N
C
C
N
N
C
C
C
IH
C
ED
TSH
LC
CMU
N
C
N
Bed and Breakfasts
C
C
C
C
C
C
C
C
C
C
Cabin Rentals
C
Cemeteries
C
C
C
N
N
C
C
N
N
N
N
N
N
Crematories /Funeral Homes
Day Care Centers12
Dormitories/Boarding Houses
Essential Services
N
C
N
C
N
N
C
P
N
C
P
C
C
P
C
C
C
C
C
C
C
C
N
P
C
C
P
N
N
N
P
C
C
P
C
C
C
N
C
P
N
C
C
C
C
C
c"
C
N
C
C
C
C
C
C
P
P
P
P
P
P
P
P
P
P21
P
P
S
P
C
C
P
P
P
P
C
p23
P
C
C
P
C
C
P
P
C
P
P
P
P
Farming /General
Agriculture * **
P
P
N
N
N
N
N
N
N
N
P
N
P
N
N
Greenhouses /Tree
Nurseries13
C
C
N
C
C
C
C
P
P
P
C
N
N
C
C
C
P
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution No. PZ12-19 — Attachment A
Pace 2
ZONING DISTRICTS
INDUSTRIAL
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Airports and Related Uses
P2°
C
N
C
N
N
C
P
P
P
P
N
C
N
N
C
Automotive Repair
NC
N
C
N
N
C
P
P
P
P
N
N
N
N
P
Gas Manufacturer /Storage
NN
N
C
N
N
N
N
N
C9
C9
N
N
N
N
N
Manufacturing/Fabricating/
Assembly
NC
N
C
N
N
C
C
P
P
P
N
C
C
N
C
Mini - Storage Facility
NC
N
C
N
N
C
C
P
P
P
N
N
N
C
C
Storage Yard
NC
NC
N
N
C
C
P
P
P
N
N
N
N
C
Warehouses
NC
N
C
N
N
C
N
P
P
P
N
C
N
N
N
PUBLIC/
INSTITUTIONAL
LAND USES
C
-
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
[CI-TAR TTARI.F.
Fri
Fri
r,-,291
rr,
ra,
r,.,
e•.,
._-
INSTITUTIONS]
[P] [P] [C] [P] [C] [P]
Churches*
C
Pia
Pio
Pio
Pia
Pin
P'o
Pio
P10
C
Clinics
C
C
N
C
C
C
C
P
P
P
C
C
P
Pia
P
P
P
C
C
C
P
P
Colleges*
C
C
c29
C
C
C
C
P
P
C
P
C
C
C
P
Elementary Schools*
C
C
c"
C
C
C
C
P
P
C
Governmental Buildings
C
C
C29
C
C
C
C
P
P
P
High Schools*
Hospitals*
C
C
C 29
C
C
C
C
P
P
C
C
C
C
P
C
C
C
P
P
C
C
P
P
P
C
C
C
P
C
C
N
C
C
C
C
P
P
P
C
C
C
C
C
P
Libraries*
C
C
C29
C
C
C
c12
P
P
P
Museums
C
C
C29
C
C
C
C
P
P
P
Parks and Recreation
P
C
c29
C
C
C
C
P
P
P
Assisted Living
C
C
C
C
C
C
C
C
C
C
C
C
P
C
P
C
P
C
P
P
C
P
C
P
P
P
P
C
P
C
C
C
C
C
MISCELLANEOUS
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
Animal Boarding /Commercial
Kennel"
C
C
N
C
C
N
N
C
C
C
IH
C
ED
TSH
LC
CMU
N
C
N
Bed and Breakfasts
C
C
C
C
C
C
C
C
C
C
Cabin Rentals
C
Cemeteries
C
C
C
N
N
C
C
N
N
N
N
N
N
Crematories /Funeral Homes
Day Care Centers12
Dormitories/Boarding Houses
Essential Services
N
C
N
C
N
N
C
P
N
C
P
C
C
P
C
C
C
C
C
C
C
C
N
P
C
C
P
N
N
N
P
C
C
P
C
C
C
N
C
P
N
C
C
C
C
C
c"
C
N
C
C
C
C
C
C
P
P
P
P
P
P
P
P
P
P21
P
P
S
P
C
C
P
P
P
P
C
p23
P
C
C
P
C
C
P
P
C
P
P
P
P
Farming /General
Agriculture * **
P
P
N
N
N
N
N
N
N
N
P
N
P
N
N
Greenhouses /Tree
Nurseries13
C
C
N
C
C
C
C
P
P
P
C
N
N
C
C
C
P
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution No. PZ12-19 — Attachment A
Pace 2
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on following pages for
additional restrictions
ZONING DISTRICTS
MISCELLANEOUS
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
Gunsmithing[, PRINTING,]
/Taxidermy
Assemblies15 (Large:
Circuses, Fairs, Etc.)
N
C
N
C
C
C
C
P
P
P
TSH
LC
CMU
P
N
C
P
P
C
C
N
C
C
C
C
P1s
p15
P5s
P's
Pis
C
P
N
p15
Fraternal Organizations/
Private Clubs /Social Halls
and Union Halls
N
C
N
C
C
C
C
P
P
P
N
c
Nursing, Convalescent or
Rest Homes
N
C
N
C
C
C
C
P
P
C
P
C
P
C
C
C
C
P
[PARKING, OFF - STREET]
Parking, Public Lots12
[P]
[P1
[P]
[PI
[P]
[P]
[P]
[P)
[P]
[P]
[P]
[P]
[P]
[P1
Personal Services25
C
C
C
C
C
C
C
C
C
[P]
[P]
C
C
C
C
C
C
Communications Towers &
Antenna(s), Radio/TV
Transmitters /Cell Sites** 28
C
C
N
C
C
C
C
P
P
P
C
C
P
P
C
N
C
C
C
C
P
P
P
P
P
C
Recreational Vehicle Parks
C
C
N
C
N
N
C
C
C
C
P/
Cn
C
P
C
C
N
C
C
Subsurface Extraction of
Natural Resources'6
C
C
C
C
C
C
C
C
C
C
N
C
C
N
C
N
Surface Extraction of
Natural Resources"
C
C
N
C
N
N
C
N
C
C
N
N
C
N
C
N
N
N
See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000)
** See 42 Telecommunications Act of 1996, Sec. 704(a)
* ** See, however, the limitations imposed under KMC 3.10.070
Footnotes:
1. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major
highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC 14.25 shall include
any secondary uses in the landscaping and site plans.
2. One (1) single - family residence per parcel, which is part of the main building.
3. Allowed as a conditional use, subject to satisfying the following conditions:
a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone;
b. The site square footage in area must be approved by the Commission;
c. Yards around the site, off - street parking, and other development requirements shall be the same as for principal
uses in the RR zone;
d. Water and sewer facilities shall meet the requirements of all applicable health regulations;
e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in
harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property
values;
f. The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage
spaces, and recreational and community activities;
g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the
anticipated population;
h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are
designed;
i. The property adjacent to the proposed dwelling group will not be adversely affected.
4. See "Townhouses" section.
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution No. PZ12 -19 — Attachment A
Po era
5. See "Mobile Homes" section.
6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the
minimum Federal Housing Authority requirements.
7. See "Planned Unit Residential Development" section.
8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the
residential character of the neighborhood.
9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met.
10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line.
11. Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining
street or property line and provided further that the proposed location and characteristics of the use will not adversely affect
the commercial development of the zone.
12. Allowed as a conditional use, provided that the following conditions are met:
a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public;
b. Exits and entrances and off -street parking for the use are located to prevent traffic hazards on public streets.
13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use
will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this
requirement. Animal Boarding and Commercial Kennels require a kennel license. (See KMC Chapter 3.15.)
14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary.
15. Allowed, provided that the following conditions are met:
a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property
in a residential zone.
b. Exits and entrances and off -street parking for the use shall be located to prevent traffic hazards on the public
streets.
16. See "Conditional Uses" section.
17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section.
18. Conditional Use allowed only on privately held property. Not allowed on government lands.
19. Deleted by Ordinance 2144 -2006.
20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for
properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or
parking aprons, FAA authorized uses are allowed.
21. Developments for use shall be the same as those listed in the "Development Requirements Table" for the RU/TSH zones.
22. Allowed as a conditional use in conjunction with a permitted use in the ED zone, For example, housing for teachers or
students for a school in the zone.
23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house
students for a school or educational facility.
24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within
another business).
25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self- service laundries, fitness centers,
photographic studios, tailors, tanning salons and massage therapists.
26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year.
27.
Limited Commercial Zone
Personal Services
Permitted(P)
Conditional Use(C)
Art Studios
X
Barbers
X
Beauticians
X
Dressmakers
X
Dry Cleaners
X
Self - Service
Laundries
X
Fitness Centers
X
Massage Therapist
X
Photographic Studios
X
Tailors
X
Tanning Salons
X
Tattoo Parlors
X
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution No. PZ12 -19 — Attachment A
Pam. d
Personal services not set forth in the above matrix are conditional uses.
28. Communications tower /antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC
14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met.
29. Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from (a)
driveway access on the Kenai Spur Highway, or (b) driveway access from a dedicated right -of -way and that driveway access
is not more than 275 feet as measured from the constructed centerline of the Kenai Spur Highway to the center of the
driveway access as shown on an as -built drawing/survey of the parcel.
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution No. PZ12 -19 — Attachment A
Page 5
Sponsored by: Planning 86 Zoning Commission
CITY OF KENAI
ORDINANCE NO. * -2012
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 14.22, "LAND USE TABLE," TO
MAKE TECHNICAL CORRECTIONS BY DELETING DUPLICATIVE REFERENCES TO
CERTAIN USES (PARKING, PRINTING, AND CHARITABLE INSTITUTIONS), DIVIDING
OUT USES GROUPED TOGETHER SO THEY ARE SEPARATELY- LISTED USES, AND
ADDING INTERNAL CODE REFERENCES.
WHEREAS, the Land Use Table currently lists a single category of
"Theaters /Commercial Recreation," yet these activities could be highly varied and
separating the two uses (while keeping the land use permissions the same for each
zoning districts) will better aid the public in the future in making determinations
about which activities included in these uses may be allowed in various zones within
the City; and,
WHEREAS, the category "Animal Boarding" should be amended to clarify that it
includes the use for a "Commercial Kennel "; and,
WHEREAS, adding a reference in Footnote 13 regarding the City's animal control
ordinances at Kenai Municipal Code Chapter 3.15 will help the public understand
additional requirements adhere to animal control uses; and,
WHEREAS, it is no longer necessary to specifically list some uses, like printing and
charitable institutions, because those uses are already described and permitted
through other allowed uses; and,
WHEREAS, "Off- Street Parking" is regulated under KMC 14.20.250 so its separate
listing in the Land Use Table is unnecessary where parking lots are already covered
under a different entry in the Land Use Table; and,
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 the Kenai Municipal Code, KMC 14.22.010: The City of
Kenai Municipal Code, section 14.22.010, Land Use Table, is hereby amended as
shown on Attachment A to this ordinance.
Section 3. Severability: If any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
New Text Underlined; [DELETED TEXT BRACKETED)
Ordinance No. * -2012
Page 2 of 2
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 4. 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 2012
CHAIR:
ATTEST:
New Text Underlined; [DELETED TEXT BRACKETED]
14.22.010 Land use table.
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on following pages for
additional restrictions
ZONING DISTRICTS
RESIDENTIAL
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. * -2012 — Attachment A
LAND USES
C
RR
RR1
RS
RSI
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
One Family Dwelling
C18
P
P
P
P
P
P
P2'
S'
s2
s2
02
p
P
P
S' /C2'
Two/Three Family
Dwelling
C18
P
P
P
P
P
P
P2'
S'
C
C
C22
P
P
P
S' /C21
Four Family Dwelling
C'8
P
C3' 29
P
N
N
P
P21
S'
C
C
C22
N
P
C
S' /C21
Five /Six Family Dwelling
C18
C3
N
P
N
N
P
P2'
S'
C
C
N
N
P
CSI/C2'
Seven or More Family
Dwelling
C18
C3
N
C3
N
N
P
P2'
S'
C
C
N
N
P
C
S' /C2'
Townhouses4
C18
0
C3.2"
C3
C3
C3
C3
C
C
C
C
C22
C
C
C
C
Mobile Home Parks6
NC
N
C
C
C
C
C
C
C
C
N
C
N
N
C
Planned Unit Residential
Development'
C18
C
C29
C
C
C
C
C
C
C
C
N
C
C
C
C
COMMERCIAL
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Automotive Sales
NC
N
N
N
N
C
P
P
P
P
N
N
N
N
P
Automotive Service
Stations
NC
N
N
N
N
C
P
P
P
P
N
C
N
N
p
Banks
N
C
N
C
N
N
C
P
P
-
P
C
N
C
C
C
P
Business /Consumer
Services
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
p
Guide Service
NC
N
C
N
N
C
P
P
P
P
N
P
P
C
P
Hotels/Motels
N
C
N
C
N
N
C
P
P
P
C
N
C
P
C
P
Lodge
NC
N
C
N
N
C
P
P
P
C
N
p
p
C
p
Professional Offices
N
C
C29
C
N
N
P
P
P
P T
p
N
C
P
p
p
Restaurants
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
p
Retail Business
N26
C
N
C
N
N
C
P
P
P
P
S24
S24
C
C
P
Wholesale Business
N
C
N
C
N
N
C
C
P
P
P
N
S24
C
C
N
Theaters[ /COMMERCIAL
RECREATION]
N
C
N
C
N
N
C
P
P
C
C
N
P
C
C
p
Commercial Recreation
NC
N
C
N
N
C
P
P
C
C
N
P
C
C
P
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. * -2012 — Attachment A
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on following pages for
additional restrictions
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. * -2012 — Attachment A
Page 2
LUIV11VC; DISTRICTS
INDUSTRIAL
LAND USES
C
RR
RR1
RS
RSI
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Airports and Related Uses
132°
C
N
C
N
N
C
P
P
P
P
N
C
N
N
C
Automotive Repair
N
C
N
C
N
N
C
P
P
P
P
N
N
N
N
P
Gas Manufacturer /Storage
N
N
N
C
N
N
N
N
N
C9
C9
N
N
N
N
N
Manufacturing /Fabricating/
Assembly
NC
N
C
N
N
C
C
P
P
P
J
N
C
C
N
C
Mini- Storage Facility
NC
NC
N
N
C
C
P
P
P
N
N
N
C
C
Storage Yard
NC
NC
N
N
C
C
P
P
P
N
N
N
N
C
Warehouses
NC
N
C
N
N
C
N
P
P,
P
N
C
N
N
N
PUBLIC/
INSTITUTIONAL
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
[CHARITABLE
INSTITUTIONS]
[Cl
[C]
[C2J]
[Cl
[Cl
[C]
[P]
[P]
[P]
[P]
[P]
[P]
[Cl
[P]
[C]
[P]
Churches*
C
P1°
P10
P'U
1310
p)o
p'°
P'°
pm
C
C
p
p10
P
P
P
Clinics
C
C
N
C
C
C
C
P
P
P
C
C
C
C
P
P
Colleges*
C
C
C"
C
C
C
C
P
P
C
C
P
C
C
C
P
Elementary Schools*
C
C
C 29
C
C
C
C
P
P
C
C
P
C
C
C
P
Governmental Buildings
C
C
C29
C
C
C
C
P
P
P
C
P
C
C
P
P
High Schools*
C
C
C29
C
C
C
C
P
P
C
C
P
C
C
C
P
Hospitals*
C
C
N
C
C
C
C
P
P
P
C
C
C
C
C
p
Libraries*
C
C
C29
C
C
C
C12
P
P
P
C
P
C
P
C
p
Museums
C
C
C 29
C
C
C
C
P
P
P
C
P
C
P
C
p
Parks and Recreation
P
C
C29
C
C
C
C
P
P
P
P
P
P
P
C
P
Assisted Living
CC
CC
C
C
C
C
C
C
C
C
C
C
C
C
MISCELLANEOUS
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Animal Boarding /Commercial
C
C
N
C
C
N
N
C
C
C
C
N
C
NC
C
Kennel"
Bed and Breakfasts
CC
CC
C
C
C
C
C
C
C
N
P
C
C
P
Cabin Rentals
CC
NC
N
N
N
P
P
P
C
N
P
P
C
p
Cemeteries
CC
N
C
N
N
N
N
C
C
C
N
C
C
N
N
Crematories/Funeral Homes
N
C
N
C
N
N
C
C
C
C
C
N
C
CC
C
Day Care Centers12
C
C
C 29
C
C
C
C
P
P
P
C
C
C
C
P
p
Dormitories/Boarding Houses
CC
NC
C
C
P
P21
S
C
pi
p23
C
CC
p
Essential Services
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
p
Farming /General
Agriculture***
PP
N
N
N
N
N
N
N
N
P
N
P
N
N
N
Greenhouses/Tree
Nurseries"
C
C
N
C
C
C
C
P
P
P
C
N
C
C
C
P
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. * -2012 — Attachment A
Page 2
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on following pages for
additional restrictions
ZONING DISTRICTS
MISCELLANEOUS
LAND USES
C
RR
RR1
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Gunsmithing[, PRINTING,]
/Taxidermy
N
C
N
C
C
C
C
P
P
P
P
N
C
P
P
Assemblies" (Large:
Circuses, Fairs, Etc.)
C
C
N
C
C
C
C
pis
pis
pis
pis
P15
C
P
N
pis
Fraternal Organizations/
Private Clubs/Social Halls
and Union Halls
N
C
N
C
C
C
C
P
P
P
C
N
C
P
Nursing, Convalescent or
Rest Homes
N
C
N
C
C
C
C
P
P
C C C
c
C
C
P
[PARKING, OFF - STREET] [P] [P]
[P] [P] [P] [P] [P] [P] [P] [P
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. * -2012 — Attachment A
Page :1
� -L
� -L
L -,
i =,
Lil
L'l
Parking, Public L o t s '
C
C
N
C
C
C
C
C
C
C
C
C
C
CC
C
Personal Services"
C
C
N
C
C
C
C
P
P
P
P
C
C
PP/
C2?
p
Communications Towers &
Antenna(s), Radio/TV
Transmitters /Cell Sites** 28
P
C
N
C
C
C
C
P
P
P
P
P
C
CC
C
Recreational Vehicle Parks
C
C
N
C
N
N
C
C
C
C
C
N
C
C
N
C
Subsurface Extraction of
Natural Resources16
C
C
C
C
C
C
C
C
C
C
C
N
C
NN
N
Surface Extraction of
Natural Resources'?
C
C
N
C
N
N
C
N
C
C
C
N
C
NN
N
See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000)
** See 42 Telecommunications Act of 1996, Sec. 704(a)
* ** See, however, the limitations imposed under KMC 3.10.070
Footnotes:
1. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and
highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC 14.25 shall
any secondary uses in the landscaping and site plans.
2. One (1) single - family residence per parcel, which is part of the main building.
3. Allowed as a conditional use, subject to satisfying the following conditions:
a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone;
b. The site square footage in area must be approved by the Commission;
c. Yards around the site, off - street parking, and other development requirements shall be the same as for
uses in the RR zone;
d. Water and sewer facilities shall meet the requirements of all applicable health regulations;
e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will
harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding
values;
f. The buildings shall be used only for residential purposes and customary accessory uses, such as garages,
spaces, and recreational and community activities;
g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs
anticipated population;
h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets
designed;
i. The property adjacent to the proposed dwelling group will not be adversely affected.
4. See "Townhouses" section.
major
include
principal
be
property
storage
of
in
the
are
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. * -2012 — Attachment A
Page :1
5. See "Mobile Homes" section.
6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the
minimum Federal Housing Authority requirements.
7. See "Planned Unit Residential Development" section.
8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the
residential character of the neighborhood.
9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met.
10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line.
11. Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining
street or property line and provided further that the proposed Iocation and characteristics of the use will not adversely affect
the commercial development of the zone.
12. Allowed as a conditional use, provided that the following conditions are met:
a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public;
b. Exits and entrances and off - street parking for the use are located to prevent traffic hazards on public streets.
13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use
will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this
requirement. Animal Boarding and Commercial Kennels require a kennel license. (See KMC Chapter 3.15.)
14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary.
15. Allowed, provided that the following conditions are met:
a. An uncleared buffer strip of at least thirty (30) feet shall beprovided between said use and any adjoining property
in a residential zone.
b. Exits and entrances and off - street parking for the use shall be located to prevent traffic hazards on the public
streets.
16. See "Conditional Uses" section.
17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section.
18. Conditional Use allowed only on privately held property. Not allowed on government lands.
19. Deleted by Ordinance 2144 -2006.
20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for
properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or
parking aprons, FAA authorized uses are allowed.
21. Developments for use shall be the same as those listed in the "Development Requirements Table" for the RU/TSH zones.
22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or
students for a school in the zone.
23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house
students for a school or educational facility.
24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within
another business).
25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self - service laundries, fitness centers,
photographic studios, tailors, tanning salons and massage therapists.
26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year.
27.
Limited Commercial Zone
Personal Services
Permitted(P)
Conditional Use(C)
Art Studios
X
Barbers
X
Beauticians
X
Dressmakers
X
Dry Cleaners
X
Self- Service
Laundries
X
Fitness Centers
X
Massage Therapist
X
Photographic Studios
X
Tailors
X
Tanning Salons
X
Tattoo Parlors
X
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. * -2012 — Attachment A
Personal services not set forth in the above matrix are conditional uses.
28. Communications tower /antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC
14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met.
29. Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from (a)
driveway access on the Kenai Spur Highway, or (b) driveway access from a dedicated right -of -way and that driveway access
is not more than 275 feet as measured from the constructed centerline of the Kenai Spur Highway to the center of the
driveway access as shown on an as-built drawing/survey of the parcel.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. * -2012 — Attachment A
Page 5
//
KENAI, ALASKA
5
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ12 -23
A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION
RECOMMENDING KENAI CITY COUNCIL AMEND SECTION 14.20.230, "HOME
OCCUPATIONS," TO CLARIFY THAT APPEALS REGARDING HOME OCCUPATION
PERMITS SHALL BE MADE IN ACCORDANCE WITH KMC 14.20.290, "APPEALS -
BOARD OF ADJUSTMENT," AND TO MAKE OTHER TECHNICAL CHANGES TO
PROVIDE UNIFORMITY WITHIN THE KENAI ZONING CODE, KMC CHAPTER 14.20.
WHEREAS, Kenai Municipal Code (KMC) 14.20.230, "Home Occupations," provides an
appeal process of an administrative official's decision to the Planning and Zoning
Commission (Commission); and,
WHEREAS, the Commission makes the final determination about whether to grant or
deny a home occupation permit and the typical process for appealing a decision of the
Commission is set out in KMC 14.20.290; and,
WHEREAS, KMC 14.20.230 should be amended to correctly identify the procedure for
appealing a decision of the Commission with respect to home occupations; and,
WHEREAS, it is also desirable to update the format of section 14.20.230 to create
uniformity in KMC 14.20 in the way citizens may appeal decisions of administrative
officials and to make other technical corrections; and,
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING
COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI,
ALASKA, AMEND KENAI MUNICIPAL CODE as follows:
14.20.230 Home occupations.
(a) Intent. It is the intent of this chapter to permit home occupations [WHICH] that
are compatible with other permitted uses and with the residential character of a
neighborhood, and [WHICH] that are clearly secondary or incidental to the residential
use of the main building. In general, a home occupation is an accessory use so located
and conducted that the average neighbor, under normal circumstances would not be
aware of its existence other than for a sign as permitted in this chapter. Home
occupations are permitted accessory uses only so long as all the development
requirements listed in this section are observed.
(b) Uses Permitted. Subject to the development requirements of this section, home
occupations include, but are not limited to, the following uses:
(1) Art studio[.]i
New Text Underlined; [DELETED TEXT BRACKETED)
Resolution PZ2012 -23
Page 2 of 3
(2) Day care of no more than eight (8) children under the
including children related to the caregiver[.];
(3) Dressmaking[.]i
(4) [MILLINERY.]Sewing and tailoring;
(5) [BEAUTY PARLOR.]Barbers and beauticians; and,
(6) Tutoring and musical instruction.
(c) Uses Prohibited. The following uses are prohibited as home
(1) Commercial auto, small machine, and boat repair[.];
(2) Commercial kennels or similar uses[.]i
(3) Convalescent homes for the care of more than two (2)
(4) Mortuaries[.]i
(5) Private schools with organized classes[.]i
(6) Real estate office[.]; and,
(7) Restaurants.
(d) Development Requirements.
(1) Not more than one (1) person outside the family shall be employed in the
home occupation.
(2) No more than thirty percent (30 %) of the gross floor area of all buildings on
the lot shall be used for the home occupation.
(3) The home occupation shall be carried on wholly within the principal
building, or other buildings which are accessory thereto. Any building used
for a home occupation shall be wholly enclosed.
e) Permit Application.
(1) An application for a home occupation permit shall be filed in writing with
the City Planning and Zoning Department and signed by the person
requesting to operate the home occupation.
(2) If the [PLANNING AND ZONING DEPARTMENT] administrative official finds
the application meets the criteria of KMC 14.20.230 and recommends that
the Commission should grant the permit, the official shall place
consideration of the application [IT SHALL BE PLACED] on the consent
agenda of the Planning and Zoning Commission. Otherwise, the
administrative official shall place consideration of the application as a
regular new business item on the Commission's agenda. Applications listed
on the consent agenda are considered routine and will be approved by one
motion. There will be no separate discussion of the application unless a
member of the Commission 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.
(3) A finding by the Planning and Zoning [ADMINISTRATION] Commission that
an application does not meet the criteria of KMC 14.20.230 [AND THE
DENIAL OF PLACEMENT ON THE CONSENT AGENDA] may be appealed in
accordance with KMC 14.20.290. [TO THE PLANNING AND ZONING
COMMISSION BY FILING A WRITTEN APPEAL WITH THE KENAI CITY
CLERK WITHIN THIRTY (30) DAYS OF THE DATE OF DENIAL.]
(4) Notice of the consideration by the Commission of a home occupation permit
application shall be published once at least two (2) days prior to the meeting
in a paper of general circulation in the City of Kenai.
age twelve (12),
occupations:
patients [. ]i
(
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Resolution PZ2012 -23
Page 3 of 3
(f) Permits Nontransferable. A home occupation permit granted under this section
[SHALL] is not [BE] transferable to another person or location.
(g) Exemption. No home occupation permit shall be required for:
(1) Activities or business which are carried on solely by use of phones,
computers and mail or delivery services; or
(2) A state - approved relative home day care provider that provides care to no
more than five (5) children (including the care giver's own children) under
the age of twelve (12) of which no more than two (2) may be under thirty (30)
months of age and who are the care giver's grandchildren, great -
grandchildren, sibling (only if living in a separate residence), niece or
nephew (not a great niece or nephew), and which involve no outside sign,
little or no increase in traffic, and with only occasional visits by members of
the public to the home.
(h) Fire Code Inspections.
(1) Day care facilities shall be inspected by the Fire Marshal for compliance with
the fire code (KMC 8.05) prior to approval of the permit. Thereafter, they
shall be inspected every other year by the Fire Marshal. Failure to comply
with the fire code (KMC 8.05) shall be grounds for the suspension or
revocation of the facilities' home occupation permit.
(2) Residences which are the subject of a home occupation permit application
(other than day care facilities) may be required to be inspected by the Fire
Marshal for compliance with the fire code (KMC 8.05) prior to approval of the
permit, if the Fire Marshal determines it is necessary for public safety.
Dated at Kenai, Alaska this day of 2012
CHAIR:
ATTEST:
New Text Underlined; [DELETED TEXT BRACKETED]
KENAI ALASKA
Sponsored by: Planning & Zoning Commission
CITY OF KENAI
ORDINANCE NO. * -2012
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING KENAI MUNICIPAL CODE SECTION 14.20.230, "HOME OCCUPATIONS,"
TO CLARIFY THAT APPEALS REGARDING HOME OCCUPATION PERMITS SHALL BE
MADE IN ACCORDANCE WITH KMC 14.20.290, "APPEALS - BOARD OF
ADJUSTMENT," AND TO MAKE OTHER TECHNICAL CHANGES TO PROVIDE
UNIFORMITY WITHIN THE KENAI ZONING CODE, KMC CHAPTER 14.20.
WHEREAS, Kenai Municipal Code (KMC) 14.20.230, "Home Occupations," provides an
appeal process of an administrative official's decision to the Planning and Zoning
Commission (Commission); and,
WHEREAS, the Commission makes the final determination about whether to grant or
deny a home occupation permit and the typical process for appealing a decision of the
Commission is set out in KMC 14.20.290; and,
WHEREAS, KMC 14.20.230 should be amended to correctly identify the procedure for
appealing a decision of the Commission with respect to home occupations; and,
WHEREAS, it is also desirable to update the format of section 14.20.230 to create
uniformity in KMC 14.20 in the way citizens may appeal decisions of administrative
officials and to make other technical corrections; and,
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 14.20.230 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 14.20.230, Home Occupations, is hereby amended as follows:
14.20.230 Horne occupations.
(a) Intent. It is the intent of this chapter to permit home occupations [WHICH] that
are compatible with other permitted uses and with the residential character of a
neighborhood, and [WHICH] that are clearly secondary or incidental to the residential
use of the main building. In general, a home occupation is an accessory use so located
and conducted that the average neighbor, under normal circumstances would not be
aware of its existence other than for a sign as permitted in this chapter. Home
occupations are permitted accessory uses only so long as all the development
requirements listed in this section are observed.
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Ordinance No. * -2012
Page 2 of 4
(b) Uses Permitted. Subject to the development requirements of this section, home
occupations include, but are not limited to, the following uses:
(1) Art studio[];
(2) Day care of no more than eight (8) children under the age twelve (12),
including children related to the caregiver[];
(3) Dressmaking[];
(4) [MILLINERY.]Sewing and tailoring;
(5) [BEAUTY PARLOR.]Barbers and beauticians; and,
(6) Tutoring and musical instruction.
(c) Uses Prohibited. The following uses are prohibited as home occupations:
(1) Commercial auto, small machine, and boat repair[];
(2) Commercial kennels or similar uses[];
(3) Convalescent homes for the care of more than two (2) patients[];
(4) Mortuaries[];
(5) Private schools with organized classes[];
(6) Real estate office[.]; and,
(7) Restaurants.
(d) Development Requirements.
(1) Not more than one (1) person outside the family shall be employed in the
home occupation.
(2) No more than thirty percent (30 %) of the gross floor area of all buildings on
the lot shall be used for the home occupation.
(3) The home occupation shall be carried on wholly within the principal
building, or other buildings which are accessory thereto. Any building used
for a home occupation shall be wholly enclosed.
(e) Permit Application.
(1) An application for a home occupation permit shall be filed in writing with
the City Planning and Zoning Department and signed by the person
requesting to operate the home occupation.
(2) If the [PLANNING AND ZONING DEPARTMENT] administrative official finds
the application meets the criteria of KMC 14.20.230 and recommends that
the Commission should grant the permit, the official shall place
consideration of the application [IT SHALL BE PLACED] on the consent
agenda of the Planning and Zoning Commission. Otherwise, the
administrative official shall place consideration of the application as a
regular new business item on the Commission's agenda. Applications listed
on the consent agenda are considered routine and will be approved by one
motion. There will be no separate discussion of the application unless a
member of the Commission 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.
(3) A finding by the Planning and Zoning [ADMINISTRATION] Commission that
an application does not meet the criteria of KMC 14.20.230 [AND THE
DENIAL OF PLACEMENT ON THE CONSENT AGENDA] may be appealed in
accordance with KMC 14.20.290. [TO THE PLANNING AND ZONING
COMMISSION BY FILING A WRITTEN APPEAL WITH THE KENAI CITY
CLERK WITHIN THIRTY (30) DAYS OF THE DATE OF DENIAL.]
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Ordinance No. * -2012
Page 3 of 4
(4) Notice of the consideration by the Commission of a home occupation permit
application shall be published once at least two (2) days prior to the meeting
in a paper of general circulation in the City of Kenai.
(f) Permits Nontransferable. A home occupation permit granted under this section
[SHALL] is not [BE] transferable to another person or location.
(g) Exemption. No home occupation permit shall be required for:
(1) Activities or business which are carried on solely by use of phones,
computers and mail or delivery services; or
(2) A state - approved relative home day care provider that provides care to no
more than five (5) children (including the care giver's own children) under
the age of twelve (12) of which no more than two (2) may be under thirty (30)
months of age and who are the care giver's grandchildren, great -
grandchildren, sibling (only if living in a separate residence), niece or
nephew (not a great niece or nephew), and which involve no outside sign,
little or no increase in traffic, and with only occasional visits by members of
the public to the home.
(h) Fire Code Inspections.
(1) Day care facilities shall be inspected by the Fire Marshal for compliance with
the fire code (KMC 8.05) prior to approval of the permit. Thereafter, they
shall be inspected every other year by the Fire Marshal. Failure to comply
with the fire code (KMC 8.05) shall be grounds for the suspension or
revocation of the facilities' home occupation permit.
(2) Residences which are the subject of a home occupation permit application
(other than day care facilities) may be required to be inspected by the Fire
Marshal for compliance with the fire code (KMC 8.05) prior to approval of the
permit, if the Fire Marshal determines it is necessary for public safety.
Section 3. Severability: If any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 4. 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
, 2012.
PAT PORTER, MAYOR
ATTEST:
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Ordinance No. * -2012
Page 4 of 4
Sandra Modigh, City Clerk
Introduced: , 2012
Adopted: 2012
Effective: , 2012
New Text Underlined; [DELETED TEXT BRACKETED]
City of Kenai Comprehensive Plan Framework for the Future
Land Use Plan Classifications
Maps 10811
Neighborhood Residential
The Neighborhood Residential district consists of single- family and multi-
family residential areas that are urban or suburban in character.
Typically, public water and sewer services are in place or planned for
installation. This land use district may include both single - family and
multi- family dwellings subject to reasonable density transitions and /or
design compatibility. Formal public outdoor spaces (parks) are a critical
feature in this district. Small home -based businesses may be
accommodated within certain design guidelines. Neighborhood
institutional uses such as churches, schools, and day care facilities may
be intermixed if they comply with neighborhood design guidelines.
Rural Residential
The Rural Residential district includes areas that due to location or site
conditions, are best suited for large -lot single- family residential
development. Homes in this district typically rely on individual on -site
water supply and wastewater disposal systems. Compatible institutional
uses such as churches, schools, and daycare facilities may be
intermixed if they comply with zoning design guidelines. Small home -
based businesses may be accommodated within certain design
guidelines.
Central Commercial
The Central Commercial district supports retail, service, and office
businesses that serve all of Kenai and the larger region. It is the Kenai
subregion's main commercial district. Retail, service, office, and public
uses predominate. Non - commercial uses, such as public offices,
institutional uses, and dwellings may be appropriate among commercial
uses within mixed use areas.
Neighborhood Commercial
The Neighborhood Commercial district applies to areas along the arterial
road system that are suitable for small -scale neighborhood - serving retail,
service, and office uses.
Mixed Use
The Mixed Use district fosters a compatible mix of retail, service, office,
public, institutional recreational and multi- family residential uses. The
district does not prescribe specific proportions for these uses, only that
all these uses are desirable within the district. Mixed uses are
particularly desirable in the Townsite Historic District and City Center
overlay zone.
Industrial
The Industrial district identifies areas reserved for manufacturing,
warehousing, trucking, marine - related industry and storage, and similar
industrial activities. City utilities and safe, convenient vehicular access
are critical. Buffers between industrial uses and adjacent non - industrial
uses are desirable.
Airport Industrial
The Airport industrial district identifies airport lands reserved for the
Kenai Municipal Airport and its future expansion, and tracts needed for
present and future aviation - related uses and activities.
Conservation
The Conservation district applies to public lands whose primary use is
open space, recreation, fish and wildlife habitat, drainageways,
floodplain, and wetlands. Some public improvements may be appropriate
within appropriate design guidelines.
Kevin Waring Associates 29
City of Kenai Corporate Boundary
r
Cook Inlet
ber Rd
Legend
Wrport Industrial ® Cdy Center
_ Central COmnemal Proposed arport- Dependent
_ CmservatloNOpen Space ®Devebpment Dlshrct
® Townsito Ketone anent
_ Mooted proposed Kenai River
NM Steed Use 1=1 Proposed Natural Area
Naghborhood Conrnlennal Proposed Coastal Trail
Neghborhood ResIdentlel
Rural Residental
0 0.4 0.8 1.6 Miles
1 r I t 1 I t I I
City of Kenai Comprehensive Plan - Map Update 2010
Framework for the Future
Map 10. Land Use Plan, City of Kenai, 2010
Kal
Kevin Waring Associates 27
Land Use Plan Classifications
Suburban Residential
The Suburban Residential district consists of single-family and multi family residential areas that are urban or
suburban in character. The area is higher density, lots are typically smaller and public water and sewer services
are required or planned. Streets should be developed to a paved standard and larger subdivisions should
provide sidewalks and public areas.
Rural Residential
The Rural Residential district includes areas that, due to location or site conditions, are best suited for large -lot
single-family low - density residential development. Homes in this district typically rely on individual on -site
water supply and wastewater disposal systems. Streets typically are gravel and subdivisions do not include
sidewalks.
Mixed Use
The Mixed Use district fosters a compatible mix of retail, service, office, public, institutional, recreational and
multi family residential uses. The district does not prescribe specific proportions for these uses, only that all
these uses are desirable within the district. The Mixed Use classification should accommodate existing similarly
developed areas and areas along corridors to provide transitions between the corridor and residential zones.
Commercial
The Commercial district is intended to create a concentrated, vibrant, and attractive downtown business
district which is convenient to both motorists and pedestrians. The district is designed to attract commerce
from within and beyond the community itself.
industrial
This classification includes areas used for production, manufacturing, processing, packaging, distribution, and
other similar activities. The noise levels, odors and emissions typically generated are higher than other land
uses and may adversely affect neighboring properties.
institutional
The institutional district provides an area in which government and tax exempt institutions can offer social and
cultural amenities to the citizens of the community. The primary use is public, non - profit, and quasi- public uses
including government offices and facilities, schools, churches, and other community- service oriented facilities.
Parks, Recreation and Open Space
This classification includes public recreation facilities, as well as undeveloped lands intended to provide for
conservation of natural or scenic resources. These areas can be used for a variety of passive and active outdoor
and indoor sports and recreational activities. Areas that may provide future natural resource development
should be included in this category.
Proposed Land Use Map
Updated December 14th 2011
Land Use Plan Classifications
Suburban Residential
Me Suburban Reslona, WWI& consuls orsirgta -gmily end m✓p amps esksenbar wens thatew ohs, or
avMrden in character The ere* a hi herdensHy $vls art typ+aly smaller anti pubic waver andswwerservitas
ere regard orpdaved. Streels shook, be developed to a paved star'Avd and rove, ,rsubd'wuan53vWld
pevde sW wJks and pvbdc areas.
Rural Residential Ell
The Rural Re Wooed dsblC includes areas that due foldWdon co sires! drone, are best suited frlarge-hx
vgle-fasarY bwaensNmaldential deveiopm.w Homea.w Ma WStnS ly Stand raid on nshrldual onsila water
supply and watcwalar hspasat sydem3 C,meta lyp.Ceno ere grave! and whWNagna da nal include vdawallq.
Mixed Use _
TN Mired Use distdcl la#sn a =npakhle mix of fefag, amuse, ofce, pyh lrtsnkronal, mofo.7o al and
rnoloTamil maiden Od uses The MIAsrdoes no! prescribe spapaoprworhons tar yea. uses unr bst at
those use are dewuble w.thin the district The Strad Use nasmbrahon should euc ine... feerish"g ainwhhy
developed awes and woes racing mend. ro provide h'anwinns between Me Good., end 1.7Eendal Tyres
Commercial
I
The Cnmmere1W Wdrri i$ cleaned to create a coucenlrafed vbr &n, and atlraMY0doentpvn busswas disbfet
wo,ai5Oe,Y.Nenlb be°, e'e odslsa &padese -ane Theddms ISdeadined 10 'Mad coar . slam mono
and bep nd Ow commurvry &sal
Industrial
This 71nS€c lmn aiwudes areas uSedbvpmduaa man.MUUnng, processing, packaging, harr+butnn, aM
otter Solar ocarinas The nasee oriels odors and nemissn03 topiraaygeroeEd are higher than Who, Tend
uses sod may adversely Inad neighboringpape^ des,
Institutional ME
Me insll'utwal[sick! p,vges an awe in wll.A govemrnanl and tax exempt rnsMipians can elks appal
QM/ culturxamenitiea M the [divans WMs aurae wry The primary use is plans non -oral. and.uesbpufro uses
,ovvhng govemme^.l 0RCas and tsoabes se -twee Wholes, arse othermnknundy- service Mewed bathes.
Parks, Recreation and Open Space NM
TA* includes publicnosreaon iambus. as well asundsvehped 'SASS nomded Mpmyde Fr
corisewobian of natural orsoenc ramose% These own con berised for a wooly ofpaasive end active
outdo any I Woo' spert3 aW!eoee!mal ncdvJ!yn Areas Mar maypnvde Mere natural rescue.
deuekpmentsvo40 be oxiadedmyis category
ZONING DESCRIPTIONS
Conservation Zone (C) intent: The C -Zone is intended to apply to areas which should be preserved primarily as open areas and as watersheds
and wildlife reserves. Airport and related uses have been included in this zone to allow for the reservation of aircraft approach zones. It is
intended that this zone shall apply mainly to publicly owned land.
Limited Commercial Zone (LC) intent: The LC Zone is established to provide transition areas between commercial and residential districts by
allowing low to medium volume business, mixed residential and other compatible uses which complement and do not materially detract from
the uses allowed with adjacent districts.
Central Mixed Use Zone (CMU) intent: The CMU Zone is established to provide a centrally located area in the City for general retail shopping,
personal and professional services, entertainment establishments, restaurants and related businesses. The district is also intended to
accommodate a mixture of residential and commercial uses, The CMU Zone shall be designed to encourage pedestrian movement throughout
the area. Building and other structures within the district should be compatible with one another and the surrounding area.
Central Commercial Zone (CC) intent: The CC Zone is established to provide for an area of concentrated commercial development. Regulations
applying to this zone are designed to encourage a compact group of business of the type which are mutually beneficial and located close
enough together to encourage walk -in trade.
General Commercial Zone (GC) intent: The CG Zone is established to provide for areas where a broad range of retail, wholesale, and service
establishments is desirable. Uses are regulated to concentrate commercial development to the greatest extent possible and to prevent any
uses which would have an adverse effect upon nearby properties. New single and two - family residential uses and other noncommercial uses,
except as otherwise provided in this chapter, are not permitted in this zone as principal uses because it is intended that land classified in this
zone be reserved for commercial purposes, and because a commercial zone is not suited to the uses excluded above.
Light Industrial Zone (IL) intent: The 1L Zone is designed to provide for the development of industrial and commercial uses which are usually
compatible and which are of a type which has no nuisance effects upon surrounding property, or which may be controlled to prevent any
nuisance effects upon surrounding property. New residential uses and other non - industrial uses, except as otherwise provided in this chapter,
are not permitted in this zone as principal uses because it is intended that land classified in this zone be reserved for industrial and commercial
purposes, and because the IL zone is not suited to the excluded uses.
Heavy industrial Zone (IH) intent: The IH Zone is established to allow for a broad range of industrial and commercial uses. It is intended to
apply to industrial areas which are sufficiently isolated from residential and commercial areas to avoid any nuisance effect.
Recreation Zone (R) intent: The Recreation Zone (R) is intended to contain both public and private lands to be utilized for commercial and non-
commercial recreation and residential purposes. Lands designated for this district should be evaluated for long -term public benefits to accrue
from the protection offered by this designation.
Rural Residential Zones (RR, RR -1) intent: The RR Zone is intended to provide for low density residential development in outlying and rural
areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is:
(1) To separate residential structures to an extent which will:
(A) Preserve the rural, open quality of the environment;
(B) Prevent health hazards in areas not served by public water and sewer.
(2) To prohibit uses which would:
(A) Violate the residential character of the environment;
(8) Generate heavy traffic in predominantly residential areas.
Suburban Residential Zones (RS, RS -1, RS -2) intent: The RS Zone is intended to provide for medium density residential development in areas
which will be provided with common utility systems. The specific intent in establishing this zone is:
(1) To separate residential structures to an extent which will allow for adequate light, air, and privacy;
(2) To prohibit uses which would:
(A) Violate the residential character of the environment;
(B) Generate heavy traffic in predominantly residential areas.
Urban Residential Zone (RU) intent: The RU Zone is intended to provide for apartments and compatible uses in areas near centers of shopping,
services, and employment where high density residential development is desirable.
Townsite Historic District Zone (TSH) intent: The TSH Zoning District is intended to provide for a mixed, controlled use in a designated area,
which will protect and enhance the historic character of the zone. The goal of the TSH zone is to manage all new development, reconstruction
and alterations within the zone.
Educational Zone (ED) intent: The Education Zone is intended to provide for an area primarily of education and related uses such as schools,
dormitories for educational purposes, parks and recreation, libraries and museums.
City of Kenai Zoning
July 2012
Legend
Conservation OM Rural Residential
IFIIR Limited Commercial Rural Residential 1
Central Mixed Use IM Suburban Residential
Central Commercial MI Suburban Residential 1
General Commercial Suburban Residential 2
nil Light Industrial Urban Residential
Mt Heavy Industrial Historic Townsite
MB Recreation Education
Parcel Base
Water/Land
The information depicted hereon is for graphic representation
of the best available sources. The City of Kenai assumes no
responsibility for errors on this map.
City of Kenai
Planning Department