HomeMy WebLinkAboutORDINANCE 2081-20051
SUBSTITUTE
Suggested by: Council
CITY OF KENAI
ORDINANCE N0.2081-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING
A NEW ZONE IN THE KENAI ZONING CODE AT KMC 14.20.120 ENTITLED THE
LIMITED COMMERCIAL ZONE (LCZ), AMENDING THE LAND USE TABLE FOR ALL
ZONES IN KMC 14.22.010 BY ADDING TWO NEW LAND USES AND AMENDING
THREE OTHERS AND CLARIFYING THE DEVELOPMENT REQUIREMENTS TABLE.
WHEREAS, the City of Kenai Zoning Code does not have a zone encompassing a
transitional area between commercial and residential areas; and,
WHEREAS, it is desirable to have such a zone that would allow low to medium volume
business, mixed residential and other compatible uses that would complement and
not materially detract from the uses allowed in adjacent zoning districts; and,
WHEREAS, such a zone would be called the Limited Commercial Zone (LC); and,
WHEREAS, it is in the best interest of the City of Kenai to establish a Limited
Commercial Zone (KMC 14.20.120) in the Kenai Zoning Code; and,
WHEREAS, currently there is no land use listing for "gunsmithing, printing,
taxidermy" or "personal services" in the Land Use Table; and,
WHEREAS, adding those land uses to the Land Use Table aid in determining what
businesses are allowed in the various zones within the City; and,
WHEREAS, amending the land use categories of "crematories" to "crematories/funeral
homes," "fraternal organizations" to "fraternal organizations/private clubs/social halls
8~ union halls," and "retail/wholesale business" to separate categories of "retail
business" and "wholesale business" would aid in better determining which uses are
allowed in the various zones within the City.
WHEREAS, it is in the best interest of the City of Kenai to amend the Land Use Table
as described above.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that:
SECTION I.
KMC 14.20.120-Limited Commercial Zone (LCZ) is enacted as set forth in Attachment
A.
Substitute Ordinance No. 2081-2005
Page 2 of 2
SECTION II.
The Land Use Table KMC 14.22.010 is amended by adding four new land use
categories and amending two others that are applicable to all zones and to add a
Limited Commercial Zone as shown in Attachment B.
SECTION III.
The Developments Requirements Table in KMC 14.24.010 is amended to clarify the
minimum lot area in all zones and to include the Limited Commercial Zone as shown
in Attachment C.
SECTION IV.
KMC 14.20.220--Kenai Sign Code is amended to add a new section pertaining to the
Limited Commercial Zone as shown in Attachment D, and amending the Sign Code
Table to include LCZ zoning district sign uses as shown in Attachment E.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of
March, 2005.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced; February 16, 2005
Adopted; March 2, 2005
Effective: April 2, 2005
(1/26/05 sp)
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tie cc~ o f
KENAI, ALASKA
U
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION N0. PZOS-OS
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT TITLE 14 BE AMENDED
TO ESTABLISH A LIMITED COMMERCIAL ZONE AND CHANGING SEVERAL
SECTIONS OF THE KENAI MUNICIPAL CODE TO INCLUDE THE NEW LIMITED
COMMERCIAL ZONE.
WHEREAS, the City of Kenai Zoning Code does not have a zone encompassing a transitional
area between commercial and residential areas; and
WHEREAS, it is desirable to have such a zone that would allow low to medium volume
business, mixed residential and other compatible uses that would complement and not materially
detract from the uses allowed in adjacent zoning districts; and
WHEREAS, such a zone would be called the Limited Commercial Zone (LC); and
WHEREAS, it is in the best interest of the City of Kenai to establish a Limited Commercial Zone
(KMC 14.20.120) in the Kenai Zoning Code.
NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA recommends that the Kenai Municipal Code be amended as shown on
Attachments A through E.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this `~ day of ~ ~ ~A~ ~. ~ ~ ;~ ~ - , 2005.
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CHAIRMAN
ATTEST:
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14.20.120 -Limited Commercial Zone (LC Zone)
(a} 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.
(b) Principal Permitted Uses: As allowed in Land Use Table as long as the
footprint of the building does not exceed 3,000 square feet.
(c} Conditional Uses: As allowed in Land Use Table.
(d) Accessory Uses: As defined (see definitions section).
(e) Home Occupations: Uses as allowed by this chapter.
(f) Development Requirement: As described in this chapter.
(g} Parking Requirements: As required by this chapter.
(h) Outside storage is allowed for display purposes only unless the storage
is in an area enclosed by asight-obscuring fence.
(i) Landscaping:
a. Intent - To provide for orderly and safe development and to
provide attractive and functional separation and screening
between uses.
b. Landscaping/Site Plans-As required in KMC 14.25.030.
c. Application -Shall apply to all development of twenty thousand
dollars ($20,000) or more and shall apply to both landscaping and
site plans. "All development" shall be defined as any
improvements requiring a building permitfor new construction or
any improvements of twenty thousand dollars ($20,000) or more,
which adds square footage. It also applies to change of use from
residential to commercial use. Pre-existing residential uses shall
be exemptfrom this requirement.
d. Landscaping/site plan-Submittal of a preliminary
landscaping/site plan and approval by the Administrative Official is
required priorto any land clearing and/or tree cutting.
e. Landscaping Plan -Performance Criteria.
i. 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 insufficient amount will provide the
best results. Perimeter, interior, street right-of-way, and
parking lot landscaping should be included as components
of the overall landscaping plan.
ii. Perimeter/Buffer Landscaping. Perimeterlbuffer
landscaping involves the land areas adjacent to the lot lines
within the property boundary. This buffer landscaping
serves to separate and minimize the impact between
adjacent uses. Landscaping adjacent to residential districts
.~
Attachment A
Limited Commercial Zane
LandseapelSite Plan --Draft
Page 2
shall have landscaping beds which meet all of the following
minimum standards:
1. Landscaping beds - Minimum of 10 feet in width
along all property lines, which adjoin residential
district, exclusive of driveways and other ingress and
egress openings. A 6-feet high wood fence or
masonry wall maybe used in place of 5 feet of the
required bed width.
2. Ground cover -100 percent within 3 years of
planting and continuous maintenance so there will
be no exposed soil.
3. Trees and/or shrubs appropriate forthe climate shall
be included in the landscaping beds.
iii. 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 orvisual 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.
iv. Street right-of-way landscaping softens the impact 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 10feet 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 -100 percent ground cover of the
landscaping bed within 3 years of planning and
continuous maintenance so there will be no exposed
soil;
3. Trees and/or shrubs appropriate forthe climate shall
be included in the landscaping beds.
v. Parking Lot Landscaping. Parking lot landscaping involves
the land areas adjacentto orwithin 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 forthe
Limited Commercial Zone
LandscapelSite Plan -Draft
Page 3
f. _;
purpose of improving vehicular and pedestrian circulation
patterns.
vi. Review. The Administrative Official may reconsider plans
for amendments after they have been approved if problems
arise in carrying out the landscaping/site plan as originally
approved.
f. Site Plan. Performance criteria.
i. Objectives. An effective site plan should utilize 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 in the site
plan.
ii. Buildings. The use is to be compatible with the surrounding
properties, land use plan, and not be hazardous to the
health, safety and welfare of citizens.
iii. Special Permits. The site plan shall list any special permits
or approvals, which maybe required for completion of the
project.
iv. Parking Lots. Parking lots referenced on the site plan shall
comply with KMC 14.20.250.
1. Paving is required when "commercial development"
of fifty thousand dollars x$50,000) or more requiring
a building permitfor new construction or any
improvements which adds square footage.
v. Snow StoragelRemoval and Drainage. Snow
storage/removal and drainage must be identified on the site
plan and shall be compatible with the surrounding area.
vi. Dumpters. Dumpsters must be screened with asight-
obscuring structure made of wood or concrete. Others
construction materials may be approved by the
Administrative Official.
g. Approval. As required in KMC 14.25.050.
h. Completion -Landscaping Plan. As required in KMC 14.25.060.
i. Completion -Site Plan. As required in KMC 14.25.065.
i. The Building Official may issue a temporary certificate of
occupancy not to exceed 2 years to complete the required
parking lot paving.
j. Modifications. As required in KMC 14.25.070.
k. Expiration. As required in KMC 14.25.080.
I. Penalties. As required in KMC 14.25.090.
m. Definition -Landscaping. As defined in KMC 14.25.100.
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Footnotes:
(1) Allowed as a secondary use except on the ground floor of the part of the building fronting on
collector streets and maj or highways.
(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;
(~ 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.
« ~ ~,
(5) See Mobile Homes section.
(6) Allowed as a conditional use, subj ect 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.
(14) Allowed as a conditional use, provided that no indication of said use is evident from the
exterior of the mortuary.
Attachment B
(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) Allowed as a conditional use provided that ingress and egress from the property is from the
Kenai Spur Highway.
(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. (Ord. 2053-2004}
(21) Setbacks 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, dressmakers, dry cleaners and self service laundries,
fitness centers hoto a hic studios tailors t nnin 1 '
p g_r p , a g sa ons and massage therapists.
Attachment B
~' ~neral Requirements.
DEVELOPMENT REQUIREMENTS TABLE
ZONING DISTRICT
USES
CIRR
RR1
RS
RS1
RS2
RUITSH IL/IH/CCl
CG
R
ED
LC
MINIMUM LOT Width feet
90
90
60
60
60
60
90
90 90
MINIMUM LOT Size feet
Front 1 25 25 25 25 25 10 25 25 25
Side z
One-Story 3
Day-light Basement/Split Leve13
Two-Stor 3
15
15
15
5
10
15
5
10
15
5
10
15
5
10
15
5
5
5 4 See individual
sections of
Code for
requirements
15
15
15
15
15
15
15
15
15
Rear 20 20 20 20 20 104 20 20 20
Maximum Lot Covera a 30% 30% 30% 30% 30% 40% 30% 30% 30%
""~ximum Hei ht feet 35 35 35 35 35 35
Footnotes:
(1) Provided that the minimum front setback is measured from any right-of way or access easement.
(2) Side setbacks are determined independently from the front view of the structure. Plat plan/As-built will
distinguish single and two-story portions of building to verify setback distances are met.
(3) Story is the portion of the building included between the upper surface of any floor and the upper surface of the
floor next above or the ceiling or roof above.
One-story is defined as a story having direct access from grade level without a lower story. A structure having a
lower story situated below aone-story isconsidered aone-story structure in its entirety.
Two-story is defined as one-story plus more than one-half (1/2) the height of the lower story all situated above
grade.
Daylight basement/split level is defined as one-story plus less than one-half (112) the height of the lower story all
situated above grade.
For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface e of the
ground between the building and a line five (5) feet from the building.
(4) Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but need
not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard.
Attachment C
~` Minimum lot area requirements.
KEY: N=Not allowed
DEVELOPMENT REQUIREMENTS TABLE
Zonin Districts
USES C/RR RRl RS RS1 RS2 RU/TSH IL/IH/CC/CG R ED LC
See individual
MINIMUM LOT AREA Sections of Code
s uare feet 20,000 20,000 7,200 12,500 7,200 7,200 for re uirements 20,000 20,000 12,500
Single/Two/Three
Famil Dwellin 20,000 20,000 7,200 12,500 7,200 7,200 20,000 20,000 12,500
Four Famil Dwellin 20,000 22,400 9,600 N N 7,200 N N 12,500
Five Famil Dwellin 22,400 N 12,000 N N 7,200 N N 12,500
Six Famil Dwellin 24,800 N 14,400 N N 7,200 N N 12,500
27,200 + 16,800 +
2,400 for 2,400 for
Seven or More Family each unit each unit
Dwellin over 7 N over 7 N N 7,200 N N 12,500
Footnotes:
(1) Listed square footages are the minimum required for each zone.
(2) Greater lot square footages may be required to satisfy Alaska Department of Environmental
Conservation (ADEC) requirements where on-site water supplyand/or sewer is necessary.
(3) Minimum lot size for non-residential uses in ED zone is 40,000 square feet.
Attachment C
~~ Limited Commercial Zone. Signs are allowed as folk
I
~1 }Allowed Signs Not Requiring a Permit.
(A) Public signs erected by or on behalf of a governmental body to post legal
notices, identify public property, convey public information, and director
regulate pedestrian or vehicular traffic.
(B) Personal message signs of a total of not more than five (5} square feet
containing noncommercial messages.
(C) Traditional holiday decorations.
(D}Temporary banners of not more than thirty-two (32}square feet. No
. temporary banners shall be installed or placed for a period to exceed thirty
(30}days in any ninety (90) day period.
(E}Signs in the nature of cornerstones, commemorative plaques, historical
signs, building name, or street number.
(F}Signs within a building or on a structure orfence located at an outdoor
sporting event, sporting facility or sports field.
(G}Temporary signs of not more than five (5) square feet advertising such
items as "yard sale," "garage sale," "property for sale," "open house," or
"lemonade" may be displayed for one (1) week. Such signs must display
the name, address and telephone number of an adult person
conducting/supervising such sale and must be dated.
(H}Signs erected on a lot or lots that are fenced or screened so that no part
is visible from a public right-of-way or another lot.
(I}Construction Signs. During construction, repair, or alteration of a structure,
temporary signs thatdenote the architectural orengineering firm,
contractoror builderthatdenote the name of the structure and its use or
occupants-to-be may be erected on the construction site. Each sign shall
be thirty-two (32) square feet or less in size and no more than one (1)
such sign shall be permitted for each architectural orengineering firm,
contractor, builder, owner, or denoting the name, use and occupants-to-be
of the structure. Any of these may be combined on one (1) or more signs
but the total square footage of the sign or signs shall not exceed that set
out above, All construction signs shall be removed when the construction
is completed.
(J} A flag or insignia of any nation, organization of nations, state, borough,
city, religious, civic, fraternal organization, or educational institution except
flags used in connection with a commercial promotion or as an advertising
device.
(K) Event Signs. One (1) unlighted sign of up tothirty-two (32}square feet
may be displayed for the purpose of announcing an event of civic,
philanthropic, educational or religious organization. Signs may be installed
no soonerthan ten (10) days priorto the event announced and shall be
removed within five (5}days after the event. No event signs may be
installed for a period exceeding thirty (30}days in any ninety (90) day
period. The ninety (90}day period begins on the first day the event sign is
displayed. Event signs shall contain the date of their placement.
Attachment D
'~ (L) Real estate signs of thirty-two (32) square feet or less used to advertise
the sale or lease of the property on which the sign is located.
(M) A sandwich board sign of not more than sixteen (16}square feet
exclusive of other signs allowed.
(N) Political Signs. Political signs shall be removed within two (2) weeks after
the date of the election that the signs were displayed to promote; provided
that signs erected for any primary election that remain relevant to the
following general election may be maintained until two (2) weeks following
the general election. If after reasonable notice, such signs are not
removed, the City may remove them and the candidate, organization, or
person who caused the sign to be placed may be charged for said
removal.
(2) Allowed Signs Requiring a Permit.
(A) One (1) freestanding or marquee per lot of not more than thirty-two (32}
square feet.
(B) Signs Identifying a Home Occupation. One (1) sign per use not exceeding
five (5) square feet. Such sign shall be no closer than ten feet (10') to any
property line orshall be flat againstthe building. No lighting is permitted.
(C) Bulletin Boards. Bulletin boards or permanent changeable letter signs
located on the premises shall be permitted for churches, schools,
community centers and public, charitable or institutional uses. Such signs
.
shall contain no more than thirty-two (32}square feet in area. Such signs
may be used as wall signs; may be used as ground signs when located a
minimum of ten feet (10') from the street lot line; may be indirectly
illuminated.
(D)A permanent subdivision sign may be placed atone (1) entrance to a
subdivision and may contain only the name of the subdivision. Such sign
shall not exceed thirty-two (32) square feet. Any illumination shall be by
indirect means.
~3) Prohibited Signs.
(A)Audio signs.
(B)Beacon signs.
(C)Roof signs.
(D) Unauthorized signs in the right-of-way or on city property. Such signs may
be removed and disposed of without notice.
(E) Signs that are higher than ten feet (10') above the adjacent ground or
pavement level.
(F) Signs containing profane or indecent words or illustrations.
(G)Signs containing electrical equipment or electrical apparatus of any kind
that causes interference with radio, television, or telephone signals and
reception.
(H)Signs placed on trailers or vehicles, which as parked or located are
designed to primarilyto display said sign. This does not applyto signs or
Attachment D
lettering on buses, taxis, or vehicles operated in the normal course of
business.
(I) Flashing or intermittent illumination are not permitted.
(J) Balloons orother inflatable orgas-filled figures or signs.
(K)Signs not mentioned in the code are prohibited.
(L) No sign shall be erected at any location where by reason of the position,
shape, intensity, or color of such sign it may interfere with, obstruct the
view of or be confused with any authorized traffic sign, signal or device.
No sign shall be attached to any traffic sign or signal device, orto any
public sign or signpost.
(M)No sign other than public signs shall be placed within twenty feet (20'} of
any intersection as measured from the nearest intersection of street right-
of-way lines.
(N) Nooff-premises commercial advertising signs, including billboards, except
as allowed in subsection (b}(1)(F) of this section, or at an outdoor sporting
event, sports facility, or sports field.
(0)Portable signs.
Attachment D
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