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HomeMy WebLinkAboutOrdinance No. 2422-2009the c y KENAI. SKIT V AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.050 BY ADDING A PROVISION TO ALLOW LEGALLY NON CONFORMING USES TO EXPAND. WHEREAS, the City of Kenai has adopted the Kenai Zoning Code which is contained in KMC 14.20; and, WHEREAS, KMC 14.20.050 contains the rules regarding nonconforming lots, structures and uses; and, WHEREAS, KMC 14.20.050 does not allow for the expansion of nonconforming uses; and, WHEREAS, failure to allow expansion of nonconforming uses can be a hardship on businesses and property owners where the underlying zoning is changed; and, WHEREAS, there are situations where expansion of a nonconforming use is not harmful to the surrounding property; and, WHEREAS, the Kenai Zoning Code should contain a process to allow a property owner to apply for a conditional use permit to provide for expansion of a nonconforming use upon such terms and conditions as the Planning and Zoning Commission deems appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code of Ordinances is hereby amended by: 14.20.050 Non conforming lots, structures, and uses. (h) Exception(s) to this Section,[ CITY OF KENAI Suggested by: Council Member Molloy /P &Z ORDINANCE NO. 2422 -2009 1. Outside Storage of Junk. Notwithstanding the provisions of this section, no junked vehicle or junk shall be stored outside and no unenclosed junk or wrecking yard shall be maintained in a location which is visible from a city or state road in any zone. However, the Commission may grant a conditional use permit under the procedure specified in this chapter allowing said use to continue for a specified period of time if: [(1)]ffi An eight (8') foot high sight- obscuring fence of good appearance has been provided around said use. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2422 -2009 Page 2 of 2 2. The Planning and Zoning Commission may grant a Conditional Use Permit allowing a non conforming use to expand, enlarge, or increase in intensity provided that: j� The use may not expand beyond the site, lot, or parcel as defined by the legal description on the Certificate of Occupancy for a Nonconforming Use, or owned or leased by the nonconforming use as of the date it became nonconforming in the event there is no Certificate of Occupancy. (ii) Uses which are nonconforming due to the number of residential units may not add additional units. (iii) The proposed modification will not result in further infringement of the provisions of this ordinance; modifications shall comply with all regulations (other than use restrictions) including but not limited to lot coverage, yard, height, open space, density provisions, or parking requirements unless waived by the Commission through a variance as provided in this chapter. (iv) The nonconforming use must have been a permitted use in the prior zone at the time it became a nonconforming use. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Text Underlined' [DELETED TEXT BRACKETED] Introduced: July 1, 2009 Adopted: July 15, 2009 Effective: August 15, 2009 Me uty of KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ09 -35 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING THAT KMC 14.20.050 BE AMENDED BY ADDING A PROVISION TO ALLOW LEGALLY NON CONFORMING USES TO EXPAND. WHEREAS, the City of Kenai has adopted the Kenai Zoning Code which is contained in KMC 14.20; and, WHEREAS, KMC 14.20.050 contains the rules regarding nonconforming lots, structures and uses; and, WHEREAS, KMC 14.20.050 does not allow for the expansion of nonconforming uses; and, WHEREAS, failure to allow expansion of nonconforming uses can be a hardship on businesses and property owners where the underlying zoning is changed; and, WHEREAS, there are situations where expansion of a nonconforming use is not harmful to the surrounding property; and, WHEREAS, the Kenai Zoning Code should contain a process to allow a property owner to apply for a condition use permit to provide for expansion of a nonconforming use upon such terms and conditions as the Planning and Zoning Commission deems appropriate. NOW, THEREFORE, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI, ALASKA, amend Kenai Code of Ordinances by: 14.15.030 Non- conforming lots, structures, and uses. (h) Exception(s) to this Section,( -1 1. Outside Storage of Junk. Notwithstanding the provisions of this section, no junked vehicle or junk shall be stored outside and no unenclosed junk or wrecking yard shall be maintained in a location which is visible from a city or state road in any zone. However, the Commission may grant a conditional use penult under the procedure specified in this chapter allowing said use to continue for a specified period of time if: New text underlined [DELETED TEXT BRACKETED AND ALL CAPS] PZ09 -35 Page 2 [(1)U An eight (81 foot high sight obscuring fence of good appearance has been provided around said use. 2. The Planning and Zoning Commission may grant a Conditional Use Permit allowing a non- conforming use to expand, enlarge, or increase in intensity provided that: ll The use may not expand beyond the site, lot, or parcel as defined by the legal description on the Certificate of Occupancy for a Nonconforming Use, or owned or leased by the nonconfoi piing use as of the date it became nonconforming in the event there is no Certificate of Occupancy. (11) Uses which are nonconforming due to the number of residential units may not add additional units. [iii) The proposed modification will not result in further infringement of the provisions of this ordinance; modifications shall comply with all regulations (other than use restrictions) including but not limited to lot coverage, yard, height, open space, density provisions, or parking requirements unless waived by the Commission through a variance as provided in this chapter. (iv) The nonconforming use must have been a permitted use in the prior zone at the time it became a nonconfozmming use. PASSED BY THE PLANNING AND ZONING COMMISSION„ THE CITY OF KENAI, ALASKA, this 24th day of June 2009. Cl IAI RMAN MEMO TO: Mayor, Council, Administration FROM: Bob Molloy 4,/ DATE: 07 -08 -09 SUBJECT: ORDINANCE NO. 2422-2009, Amending KMC 14.20.050 By Adding A Provision To Allow Legally Non Conforming Uses To Expand KMC 14.20.050 contains the rules regarding non conforming lots, structures, and uses. When a property with an operating business is re- zoned, and an existing business use of that property becomes a non conforming use (i.e„ not permitted), then the existing business is allowed to continue as being "grandfathered in," but that business` use of the property is restricted and that business cannot expand under the current code. Recently, we had a situation where one local business in the Thompson Park Limited Commercial Zone "LCZ wanted to expand, but could not, because the business, which was an industrial use permitted under the prior General Commercial zone, became non conforming under the Thompson Park area rezone to LCZ. Our original approach was to amend the LCZ ordinance, to now allow certain industrial uses. At Planning Zoning and before Council, members of the public testified about the need for greater flexibility in how the City deals with non conforming uses resulting from re- zoning property to LCZ. Several people spoke against allowing industrial uses in the LCZ as amended, although they did not object to allowing pre- rezoning industrial uses to expand as a conditional use. I requested information on how a formerly permitted use that became non conforming as a result of a rezone to LCZ might be allowed to expand, without continually amending the LCZ on an ad hoc basis. Legal and the City Planner made recommendations about how that could be done; Council sent the concept to Planning Zoning Commission; and Planning Zoning Commission recommended this proposed ordinance to Council. This proposed ordinance, if approved, will amend KMC 14.20.050 by adding an additional exception in (h)(2). This additional exception will allow a property owner to apply for, and the Planning Zoning Commission to grant, a conditional use permit ('CUP that will allow the non conforming use to expand, enlarge, or increase in intensity. To qualify for the CUP, the non- conforming use must have been a permitted use in the prior zone at the time that it became a non conforming use, ¶(h)(2)(iv). In addition, these other conditions or limitations apply: 1. The use may not expand beyond the site, lot, or parcel as of the date it became non- conforming, ¶(h)(2)(i); 2. If the number of residential units is what makes the use non conforming, then additional units may not be added, ¶(h)(2)(ii); 3. The proposed modification must not result in further infringement of the provisions of KMC 14,15.050 Non conforming lots, structures and uses, ¶(h)(2)(iii); and 4. The proposed modification must comply with all regulations (other than use restrictions) such as lot coverage, yard, height, open space, density provisions, or parking requirements unless waived by the Commission through a variance, ¶(h)(2)(iii).