HomeMy WebLinkAbout2008-02-13 Planning & Zoning Packet - Work SessionCITY OF KENAI
PLANNING & ZONING
COMMISSION
Work Session Reminder
Immediately Following The
MEETING
February 13, 2008
Proposed code amendments:
KMC 14,20.2t)a Accessory Structures -Restricting conex-type metal
shipping containers.
KMC 94,20,200 Accessory Structures --Increasing size of structures
allowed in setbacks.
KMC 9x,25 LandscapinglStke Plans -- Requiring approval prior to clearing
land, buffers between commercial & residential uses, and extending
completion lime.
Suggested by:
CITY OF KENAI
ORDINANCE NO. *-2008
Planning & Zoning
AN ORDINANCE QF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
CHAPTER ].4.25 LANDSCAPING/SITE PLAN REGULATIONS REQUIRING APPROVAL
OF PLANS BEFORE CLEARING ANY LAND, REQUIRING BUFFER SEPARATION
BETWEEN COMMERCIAL AND RESIDENTIAL USES, EXTENDING THE COMPLETION
TIME TO TWO YEARS AND PROVIDING THAT THE APPROVAL MAY BE REVOKED
WITH THIRTY DAYS NOTICE.
WHEREAS, 14.25.015 currently requires submittal of a preliminary landscaping/site
plan and approval prior to land clearing of only property covered under this chapter;
and,
WHEREAS, 14.25.040(b) currently does not set forth any provisions that a visual
separation between commercial and residential uses be required, and
WHEREAS,14.25.060 currently permits one year from receipt of a certificate of
occupancy to complete approved landscaping, and;
WHEREAS, completion should be one year froze approval of landscaping/site plan;
and
WHEREAS, 14.25.080 currently provides that if construction has not started within
one year that the approval shall lapse rather than provide the Administrative Officer's
discretion on whether the permits should lapse.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 14.25 is amended to read as presented on Attachment A of this
ordinance.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, -2008.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Introduced: *, 2008
Adopted: *, 2008
Effective: *, 2008
Chapter 14.25 LANDSCAPING/SITE PLAN REGULATi4NS
14,25.010_Intent,
_14.25.015 LANDSCAPYNGISY7E PLAN.
14.25.020 Application.
14.25A30 Landscapina/site plan-Submittal reauirements.
_14.25.040 Landscaping, plan-,-~Pgrf'ormance criteria,
14.25.045 Site Iran-performance criteria.
14.25.050 Appror-ai.
14.25.060 Completion-Landscagina plan.
14.25.065 Completion-Site plan.
14.25.070 Modifications.
14.25.080 Expiration.
14.25.090 Penalties.
14.25.100 De~mition-Landscaping.
14.25.010 Intent.
(a) Site Plans. It is the intent of this chapter to provide for orderly and safe
development of the City commensurate with protecting the health, safety and welfare
of its citizens, and adequate and convenient open spaces, light and air, in order to
avoid congestion of commercial and industrial areas.
(b) Landscaping Plans. It is the intent of this chapter to provide for landscaping
and/or the retention of natural vegetation in conjunction with commercial industrial
and multifamily development within the City of Kenai. The general purpose of
landscaping is to visually enhance the City's appearance, provide attractive and
functional separation and screening between uses and reduce erasion and storm
runoff.
(c) For purposes of this chapter, multifamily development zx~eans a four ar more
family dwelling.
14.25.015 LANDSCAPING/SITE PLAN FOR LAND CLEARING.
[FOR PROPERTY COVERED UNDER THIS CHAPTER,] [S]Submittal of a
preliminary landscaping/ site plan and approval by the administrative official is
required prior to any land clearing and/or tree cutting where such removal will result
in less than fifteen percent (15%) of the lot area having existing trees, shrubs, or
natural vegetation cover.
14.25.020 Application.
This chapter shall apply to all commercial, industrial and multifamily
development within the City of Kenai and shall apply to bath the landscaping and site
plans. "Commercial, industrial and multifamily development" and "all development"
shall be defined as any improvements requiring a building permit for new construction
or any improvements of twenty thousand dollars 020,000.00) or more, which adds
Ordinanc° *-2008 Landscaping/site Plan Regulations Page I of 6
Attachment A
square footage, and is: {1) located on properties within the Central Commercial (CC},
General Commercial (CG), Lzmited Camrner~j,a1 (CL), Leavy Industrial (IH), Townsite
Historic {TSH}, Light Industrial (IL) and Education (ED) zoning districts; or (2} a
multifamily development in any zone; or {3) a change of use as required in KMC
14.20.250 (a). It is unlawful for any person to construct, erect or maintain any
structure, building, fence or improvement, including landscaping, parking and other
facilities on property requiring alandscape/site plan unless such improvements are
constructed or reconstructed in a manner consistent with the approved plan.
Properties zoned residential (except multifamily dwellings) are exempt from this
[CHAPTER] subsection with the following exception: {1) structures identified as a
commercial occupancy iri Title 4 of the Kenai Municipal, Code located in residential or
mixed use zones requiring a building permit for new construction or any
improvements of twenty thousand dollars ($20,00.0.00) ar more, which adds square
footage or a change of use as required in I~MC 14,20.250 {a).
i4.2 .030 Landsca in site Xan--Submittal re uirements.
One copy of the landscaping/site plan (eleven inches { i 1 ") by [FQURTEEN]
seventeen inches [(14°)] ~l~ size) shall be subz~nitted far approval to the
Administrative Official prior to the issuance of a building permit. If approved, a zoning
permit shall be issued and on file in the Planning Depalrtment and the Building Official
will be notified. The landscaping/site plan shall be prepared at a minimum scale of
one inch { 1 ") equals twenty feet {20`) and shall iriclude the following information:
(a) Scientific or common name or type of planting materials to be used in the
project;
(b) Typical planting details;
{c) Location of all planting areas and relationship to buildings, parking areas and
driveways;
(d) Identification and location of existing vegetation to be retained;
(e) Identification and location of non-living landscaping materials to be used;
(~ Identification of on-site snow storage areas;
(g) Drainage patterns;
(h) Description of buildings, including building height and ground floor
dimensions;
(i) Physical features of the property including location of all buildings, ingress and
egress, any unusual features of the proper~r which may restrict development or
drainage.
14.25.040 Landscaping_plan-Performance criteria.
{a) Objectives for Landscaping Plan. An effective landscaping plan should utilize a
variety of techniques for achieving the intent of this section. The appropriate
placement or retention of vegetation in sufficient amount will provide the best results.
Ordinance *-2008 Landscaping/site Plan Regulations Page 2 of 6
Attachment A
Perimeter, interior, street right-of way, and parking lot landscaping [SHOULD] must
be included as components of the overall landscaping plan.
(b) Perimeter/Buffer Landscaping. Perimeter/buffer Iandscaping involves the land
areas adjacent to the lot lines within the property bauz~dary. This buffer landscaping
serves to separate and minimize the impact between adjacent uses. Buffer
landscaping may be desirable along the perimeter of the prpperty to shield vehicular or
building lights from adjacent structures ar~d to provide a visual separation between
pedestrians and vehicles and com ercial and resi ti uses. Landscaping adjacent
to residential zones shall have landscaping beds that meet all cif the fallowing
minimum standards:
1. Landscaping beds -Minimum of ten feet (l0') in width along all property lines,
which adjoin residential zones, exclusive of driveways and other ingress and egress
openings. Asix-foot (6') high woad fence or masonry wall zxl,ay be used in place of five
feet {5') of the required bed width.
2. Ground cover -One hundred percent (100%) within three (3) years of planting
and continuous maintenance so there will be na exposed sail. Flower beds may be
considered ground cover.
3. Trees and/or shrubs appropriate for the climate shall be included in the
landscaping beds.
(c} Interior landscaping involves those areas of the property exclusive of the perimeter and
parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall
development. Screening or visual enhancement landscaping is recommended to accent or
complement buildings, to identify and highlight entrances to the site, and to provide for attractive
driveways and streets within the site. Landscaping may include landscaping beds, trees, and
shrubs.
(d) Parking Lot Landscapinig. Parking lot landscaping involves the land areas
adjacent to or within all parking lots and associated access drives. Parking lot
landscaping serves to provide visual relief between vehicle parking areas and the
remainder of the development. It also is desirable for the purpose of improving
vehicular and pedestrian circulation patterns.
(e] Street right-of-way landscaping softens. the irrtpact of land uses along street
rights-of way, but does not obscure land uses from sight. Landscaping beds must
meet all of the following minimum standards; except where properties are adjacent to
State of Alaska rights-of--way, the Administrative Officer may approve alternatives,
which meet the intent of this section but protect landscaping from winter maintenance
damage.'
1. Landscaping beds -Minimum of ten feet (10') in width along the entire length of
the property lines which adjoin street rights-of--way, exclusive of driveways and other
ingress and egress openings;
2. Ground cover -One hundred percent (100%) ground cover of the landscaping
bed within three (3) years of planting and continuous maintenance so there will be no
exposed soil;
Ordinance *-2008 Landscapinglsite Plan Regulations Page 3 of 6
Attachment A
3. Trees and/or shrubs appropriate for the climate shall be included in the
landscaping beds.
(fl Review. The Administrative Official may consider plans for amendments if
problems arise in carrying out the landscaping/site p~~n as originally approved.
14.25.045 Site tan-Performance criteria.
{a) Objectives. An effective site plan should utilise a variety of techniques for
achieving the intent of this chapter. The appropriate placement or retention and
improvements of buildings, parking lots, etc. should be considered on the site plan.
(b) Buildings. A commercial or industrial use housed in the building is to be
compatible with the surrounding properties, land use plan, and not be hazardous to
the health, safety and welfare of citizens.
(c) Special Perrr~its. The site plan shall list any special p,erXnits or approvals which
may be required for completion of the project.
(d) Parking Lots. Parking lots referenced on the site plan shall comply with KMC
14.20.250.
1. Paving is required for "cor~xnercial develapzxaerit" including a multifarr~ily
development requiring a building permit valued at one hundred thousand dollars
(~ 100,000.00) or rz~ore for new construction, or any improvements which adds square
footage valued at one hundred thousat7.d dollars (~ 10,000,00) or more, and the
property is located between Evergreen Drive and McCollum Drive/'l`inker Lane as
shown in the ntlap marked Appendi.~ 1 to this chapter.
2. Exception t4 this requirement:
(i) Properties zoned Heavy Industrial are exempt from the paving requirement.
(e) Snow Storage/Reri~oval and Drainage.. Snow storage/removal and drainage as
referenced on the site plan shall be co~'npatible with the surrounding area.
(#] Dumpsters. Dumpsters must be screened with a sight-obscuring structure
made of wood or concrete. The Administrative Official may approve other construction
materials.
14.25.050 Approval.
Unless extended for good cause, the Administrative Official shall review and
take action on a landscaping and site plan within fourteen { 14) days of satisfactory
submittal. The Building Official shall issue a building permit upon approval of the
associated landscaping/site plan providing all of the other requxrernents for the
issuance of a building permit have been met. Any appeal of the action of the
Administrative Official shall be in accordance with KMC 14.2Q.290.
14.25.060 Completion-Landscaping plan.
.Ordinance *-2008 Landscapingsite Plan Regulations Page 4 of 6
Attachment A
All required landscaping as presented in the approved landscaping plan shall be
installed within [ONE (1) YEAR] TvVQ L2) YEARS after [ISSUANCE OF THE
CERTIFICATE OF OCCUPANCY].] approval of the landscaping/site plan.
14.25,065 Completion-Site plan.
All requirements as outlined in Sectipn 14.25.045 shall be installed according
to the site plan as approved by both developer and the Administrative Official.
1. The required parking lot paving shall be completed within two (2) years after
issuance of the certificate of occupancy.
14.25.070 Modifications.
Whenever there axe practical difficulties in carxying out the provisions of this
chapter, the Administrative Official may grant minor modifications for individual
cases, provided the Administrative Official finds that a special individual reason makes
the strict letter of this chapter impractical and that the modification is in conformity
with the intent and purposes of this chapter.
14.25.080 Expiration.
if construction of the project has not started within one (1) year of approval of
the landscaping/site plan,- the approval [SHALL LAPSE] may be revoked b.
administrative Official after providing,at least fhrty_E301_DaY notice.unless extended
far goad cause.
14.25.090 Penalties.
Penalties for non-compliance with this chapter shall be as set forth by KMC
14.20.260.
14.25.100 Definition-~-Landscayin~.
"Landscaping" means the treatment of the ground surface with live planting
materials, including but not limited to, trees, shrubs, glass, ground cover or other
growing horticultural material. Other materials such as wood chips, stone, or
decorative rock may also be utilized.
Ordinance *-200$ Landscapinglsite Plan Regulations Page 5 of 6
Attachment A
App+end~ I
v
a~
Pauir~g Required ~ KN1C 1~.25A4~ (d)
Ordinance *-2008 Landscaping/site Plan Regulations Page 6 of 6
Attachment A
Draft With Planning &
Zoning Camrnissian's
Recommendations. Suggested by; Councilor Boyle
CITY QF NEN~I
ORDINI~,NCE N4. *-~00$
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC I4.20.200(a}{2} TO INCREASE THE SIZE QF ACCESSORY STRUCTURES
ALLOWED IN SETBACK AREAS FROM ONE HUNDRED AND TWENTY (120} SQUARE
FEET TO TWO HUNDRED (200} SQUARE FEET WITH NO SIDE OR END OF THE
ACCESSORY STRUCTURE LONGER THAN SIXTEEN (I6) FEET UNLESS. THE
BUILDING OFFICIAL GRANTS A WAIVER FOR GOOD CAUSE, TO DEFINE ONE {1}
STORY HEIGHT, AND TO INCREASE THE DISTANCE FROM THE ADJOINING LOT.
WHEREAS, KMC I4.20.200(a)(2} now allows for accessory structures of not more than
pne hundred twenty (120) square feet and not more than one story in height to be in
setback areas provided they ire not closer than three feet to the adjoining lot; and,
WHEREAS, limiting the size of such accessory structures to one hundred twenty (120)
square feet is too small far many items to be stored in; and,
WHEREAS, increasing the size of such accessory structures would allow for more
inside storage without the added expense of another out building, thus reducing
outside storage in yards; and
WHEREAS, increasing the distance to side setback would insure larger structures do
not adversely affect adjacent properties; and,
WHEREAS, allowing larger single storage buildings would decrease the need for
additional buildings in yards; and
WHEREAS, existing setbacks for sheds. above one hundred twenty (120) square feet
cause a significant loss of usable yard space; and
WHEREAS, it is in the best interest of the City of Kenai to amend KMC 14.20.200(a}{2}
to increase the size of allowed accessory structures in the setback from one hundred
twenty (120) to two hundred square feet and to increase the distance from the
adjoining iot to five feet (5').
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 1.20.200 is amended as follows:
KMC 14.20.200 Accessory st~~uctures.
(a) Yard Requirernents for Accessary Structures. Where yards are required,
accessory structures shall be subject to the same requirements as principal structures
except as follows:
(1) In an RR and RS nine, the minimum front yard setback for an
unoccupied attached or detached garage or carport shall be ten feet {10');
{2) Covered but unenelosed passenger landings, or storage sheds of not
more than [ONE] two hundred (2001 [TWENTY (120)] square feet, with no
side or end Langer than sixteen, 16~feet unless the Building Offici 1,_grants a
waiver for good cause, and not rriore than one (1) stpry in height may extend
into either side yard or rear yard, but such structure shall not be closer thin
[THREE FEET {3')] five feet (5'1 to an at~join}ng lot;
{3) Unenclosed outside stairways, fire escapes, porches, or landing places as
well as cornices, canapies, eaves, and other similar architectural features not
providing additional Haar space may extend into a required side or rear yard
except within three feet {3'1 of any lot line;
(~}) Unenciosed outside stairways, fire escapes, porches, or landing places as
well as cornices, canopies, eaves, and other similar architectural features not
providing additional floor space may extend, rota a required front yard except
within ten feet { 10') of any lot line;
(5) A detached accessory building may be perix~itted to occupy a rear yard;
provided that, not more than one-third (1 / 3) of the total area of such rear yard
shall be so occupied. Except as provided in KIViC 14.20.200(a){2), setbacks, per
development tables, must be maintained if the structure is larger than two
hundred X200) square -feet [REQUIRES A BUILDING PERMIT].
(6) For purposes of this section orie {1) s~tary in height is a maximurn of 12
feet 12') h~~h as measured from the round to the to of ~_,,.,.,,___
- - , . _~ , , .p. „ .,~,. e roof.
PASSED BY THE COUNCIL bF THE CITY OF KENA,I, ALAS.I~A, this * day of *, 2007.
ATTEST:
Carol L. Freas, City Clerk
PAT PORTER, MAYOR
Introduced: *, 2008
Adopted: *, 2008
Effective: *, 2008
Original Draft
Ordinance.
Suggested by: Councilor Boyle
CITY OF KENAI
ORDINAN~~ NO. *-2p0$
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 14.20.20D(a)(2) TO INCREASE THE SIZE OF ACCESSORY STRUCTURES
ALLOWED IN SETIriACK AREAS FROM ONE HUNDRED AND TWENTY (120) SQUARE
FEET TO TWO HUNDRED (200] SQUARE FEET WITH NO SIDE OR END OF THE
ACCESSORY STRUCTURE LONGER THAN SIXTEEN (16) FEET UNLESS THE
BUILDING OFFICIAL GRANTS A WAIVER F4R GOOD CAUSE.
WHEREAS, KMC 14.20.200(a)(2) now allows far accessory structures of not more than
one hundred twenty (120) square feet and not more than one story in height to be in
setback areas provided they are not closer than three feet to the adjoining lot; and,
WHEREAS, lirniting the size of such accessory structures to one hundred twenty (120)
square feet is too small for many items to be stored in; and,
WHEREAS, increasing the size of such accessary structures would allow for more
inside storage without the added expense of another out building, thus reducing
outside storage in yards; and
WHEREAS, allowing larger single storage buildings would decrease the need for
additional buildings in yards; and
WHEREAS, existing setbacks for sheds above one hundred twenty (120) square feet
cause a significant loss of usable yard space; and
WHEREAS, it is in the best interest of the City of Kenai to amend KMC 14.20.200(a)(2)
to increase the size of allowed accessory structures in the setback from one hundred
twenty (120) to two hundred square feet.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 14.2D.200 is attended as follows:
KMC I4.20.20Q Acaas$ory stiruotures.
(a) Yard Requirements for Accessary Structures. Where yards are required,
accessory structures shall be subject to the same requirements as principal structures
except as follows:
(1) In an RR and RS zone, the minimum front yard setback for an
unoccupied attached or detached garage or carport shall be ten feet (IO');
(2) Covered but unenclosed passenger landings, or storage sheds of not
more than {ONE] twg hundred (200) [TWENTY (l~0]] square feet, with no
side or.end, loner than sateen {16) feet unless the B~ildin~ Official grants a
waiver for good ca .i~s~, ar~d not more than pne (l) story in height may extend
into either side yard or rear yard, but such structure shall not be closer than
three feet (3') to an adjoining lot;
{3) Unenclosed outside stairways, fire escapes, porches, or landing places as
well as cornices, canopies, eaves, and other sirnilar architectural features not
providing additional floor space may extend into a required side or rear yard
except within three feet (3') of any lot line;
(4) Unenclosed outside stairways, fire escapes, porches, or landing places as
well as cornices, canopies, eaves, and other similar architectural features not
providing additional floor space may extend into a required front yard except
within ten feet (10') of any-lot line;
(5) A detached accessory building may be permitted to occupy a rear yard;
provided that, not more than one-third (1 / 3) of the total area of such rear yard
shall be so occupied. Except as provided in KMC 14.20.200(a){2), setbacks, per
development tables, must be maintained if the structure is larger_~han two
hundred {200Lsguare feet [REQUIRES A BUILDING PERMIT].
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2007.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: *, 2008
Adopted: *, 2~OS
Effective: *, 2a0S
Draft With Planning &
Zoning Commission's
Recommenc3atiQns from Suggested by: Planning and Zoning Commission
1/23/08 W.S.
CITY OF KENAI
PLANNING AND ZONING COMMISSION
SUBSTITUTE RESOLUTION NO. PZ08-
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT KMC 14.20.200
(ACCESSORY STRUCTURES) BE AMENDED BY 1) ADDING A SECTION
RESTRICTING THE USE OR STORAGE OF CONEX-TYPE STRUCTURES IN THE
CENTRAL COMMERCIAL AND RESIDENTIAL ZONES AND 2) REQUIRING
ACCESSORY STRUCTURES BE BUILT TO MATCH THE PRIMARY BUILDING ON THE
LOT AND 3}PROVIDING FOR TEMPORARY USE OF CONEX-TYPE STRUCTURES
DURING CONSTRUCTION PROJECTS AND INCORPORATING THE EXISTING
REQUIREMENT THAT ACCESSDRY STRUCTURES OVER 120-SQUARE FEET
REQUIRE A BUILDING PERMIT.
WHEREAS, KMC 14.20.200 (Accessory Structures) sets out the rules for accessory structures in
the Kenai Zoning Cade; and,
WHEREAS, storage or use of conex-type structures for permanent storage in residential zones
can cause unsightly conditions leading to reduced property values; and,
WHEREAS, storage sheds not built to match the primary structure can cause also unsightly
conditions leading to reduced property values; and
WHEREAS, it is in the best interest of the City of Kenai to restrict the use of conex-type
structures far storage in the Central Commercial and residential zones, and
WHEREAS, a Iimited exemption should be allowed to provide for temporary storage during
construction.
NOW, THEREFORE, THE PLANNING AND ZONING COMMISSLON OF THE CITY OF
KENAI RECOMMENDS THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND
KMC 14.20.200 by 1) adding subsection (a)(7) incorporating the existing requirement that
accessory structures over 120-square feet require a building permit and 2) adding subsection (b)
as follows.
1.
(7} Accessory structures over 120-square feet require a building permit as set forth in the
building code incorporated by reference in KMC 4.32.
2.
(b) Storage or use of conex-type structures or storage sheds requiring a building permit in the
Central Commercial and residential zones is restricted as follows:
(1) Under this section "residential zone" means one of the following zones: Rural Residential
Zones, Suburban Residential Zones, Urban Residential Zone, or Townsite Historic Zone.
(2) Canex-type structures or storage sheds must be built to the following standards:
(a) Shall have all wheeled assemblies removed, be placed on non-rot susceptible
blocking or foundation, be roofed and sided or painted to match the primary
building on the lot;
(b) Shall be roofed and sided or painted within one year of the issuance of a building
permit.
(3) Conex-type structures maybe used in the Central Commercial and residential zones for
temporary storage during construction pxojects. A permit is required for this temporary
use and is obtained as part of a building permit. A temporary conex permit is valid for 90
days with renewal necessary for an additional time period as allowed within the
discretion of the Building Official.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this day of 2008.
CHAIRPERSON:
ATTEST:
Draft Without Changes
From ll23/08 Work Suggested by: Planning and Zoning Commission
.Session.
CITY OF KENAI
PLANNING AND ZONING COMMISSION
SUBSTITUTE RESOLUTION NO. PZ07-24
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT KMC 14.20.200
(ACCESSORY STRUCTURES) BE AMENDED BY 1} ADDING A SECTION
RESTRICTING THE USE OR STORAGE OF CONNEX-TYPE STRUCTURES 1N THE
CENTRAL COMMERCIAL AND RESIDENTIAL ZONES AND 2) INCORPORATING THE
EXISTING REQUIREMENT THAT ACCESSORY STRUCTURES OVER 120-SQUARE
FEET REQUIRE A BUILDING PERMIT.
WHEREAS, KMC 14.20.200 (Accessory Structures) s.~ts out the rules for accessary structures in
the Kenai Zoning Code; and,
WHEREAS, storage or use of convex-type structures for permanent storage in residential zones
can cause unsightly conditions leading to reduced property values; and,
WHEREAS, it is in the best interest of the City of Kenai to restrict the use of convex-type
structures for storage in the Central Commercial and residential zones, and
WHEREAS, existing non-conforming convex-type structures should have one year tQ come into
compliance with this section of the municipal code; and
WHEREAS, a limited exemption should be allowed to provide for temporary storage during
construction.
NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECQMMENDS THE COUNCIL OF THE CITY O.F KENAI, ALASKA AMEND
KMC 14.20.200 by 1) adding subsection {a)(G} incorporating the existing requirement that
accessory structures over 120-square feet require a building permit and 2} adding subsection (b)
as follows.
1.
{6) Accessory structures over 120-square feet require a building permit as set forth in the
building code incorporated by reference in KMC 4.OS.
2.
(b) Storage or use of convex-type structures requiring a building permit in the Central
Commercial and residential zones is restricted as follows:
(1) Under this section "residential zone" means one of the following zones: Rural Residential
Zones, Suburban Residential Zones, Urban Residential Zone, or Townsite Historic Zone.
{2) Use or storage of connex~type structures on lots under 20,000 square feet is limited to:
(a) One single story convex-type structure;
{b) Shall not be larger than 160 square feet;
(c) Shall only be allowed in the rear yard (as d~f ned in KMC 14.20.320);
{d) Shall comply with the development requirements in KMC 14.24.010-030 and
KMC 14.20.190-200;
(e) Shall have all wheeled assemblies removed, be placed on non-rot susceptible
blocking or foundation, be roofed and sided or painted to match the primary
building on the lot;
(f} Shall be roofed and sided or pairxtpd y,,rlthin one year of the issuance of a building
permit.
{3) Ilse or storage of convex-type structures on lots 20,000 square feet or mare is limited to:
(a} Otte single story convex-type structure;
(b} Shall only be allowed in the rear yard (as defined in KMC 14.20.320};
(c) Shall comply with the development r~,quirements in KMC 14.24.010-430 and
KMC 14.20.190-200.
(d) Shall have ail wheeled assemblies removed, be .piace~l on non-rot susceptible
blocking or foundation, be roofed and sided or painted to match the primary
building on the lot;
{e) Shall be roofed and sided or painted within one year of the issuance of the
building permit.
(4) Notwithstanding KMC 14.20.450, non-conforming convex-type structures in the Central
Commercial anal residential zoned shall have one year from the effective date of this
ordinance to came into compliance with this section.
(5} Convex-type structures may be used in the Central Commercial and residential zones for
temporary storage during construction projects. A permit is required for this tenrrporary
use and is obtained as part of a building permit. A temporary ~connex permit is valid for
90 days with renewal necessary for an additional tirrr~ period as allowed within the
discretion of the B,.uiiding Official.
PASSED EY THE PLANNING AND ZOiuE1IG CQMMISS.ION OF THE CITY OF KENAI,
ALASKA, this 12th day of December 2007.
CHAIRPERSON:
ATTEST:
Work Session: January 23, 2008
Public HearinglPostponed: December 12, 2007
Work Session: November 14, 2007
Work Session: October 24, 2007
Work Session: October 10, 2047
Work Session: July 25, 2007
Public Hearing Postponed: 3uly l 1, 2007
Public Hearing Postponed: June 13, 2007
Re ulrement$ Store a Shed Connex-T a Structure Connex-T a Structure
Lots X20,000 s . ft. Lots 20 000 s . ft. or iar er
Buildin Permit Re uired
< or =120 S Ft No Nq No
> 120 S Ft < or = 160 S Ft Yes Yes Yes
> 160 S Ft Yes NIA Yes
Setbacks Re uired
< or =120 S Ft Noy No No
> 120 S Ft < or = 160 S Ft Yes Yes Yes
> 160 S Ft Yes NIA Yes
*Note: < or = 120 Sq FtlSingle Story does not require building permit and may extend into the rear or side yard
but cannot be closer than 3 feet to the ad'oinin arcel.
Restricted b Lot Size No Ye$ Yes
Limited to 113 Rear Yard Covera a Yes Yes Yes
Limited to Sin ie Sto No Yes Yes
Limi#ed to One Structure No Yes Yes
Res#ricted to Rear Yard No Yes Yes
Re uires Ropf, Sidin , Paintin No Yes Yes
Requires Completion Within 1 Year No Yes Yes
of Buildin Permit