HomeMy WebLinkAboutResolution No. PZ2012-23CITY 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
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(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[.]i
(2) Commercial kennels or similar uses[.]i
(3) Convalescent homes for the care of more than two (2) patients[.]i
(4) Mortuaries[.}
(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.
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(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.
Dat- • at Kenai, Alaska this 8th day of August, 2012
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