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HomeMy WebLinkAboutOrdinance No. 2435-2009Suggested by: Planning and Zoning Commission the �r KENAI, ALASKA ATTEST: Carol L. yeas, City Clerk CITY OF KENAI ORDINANCE NO. 2435 -2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, LASKA, AMENDING THE LAND USE TABLE IN KMC14.22.010 TO PROVIDE T T TATTOO PARLORS AND MASSAGE THERAPISTS REQUIRE A CONDITIONAL US •ERMIT IN THE TOWNSITE HISTORIC ZONE (TSH). WHEREAS, currently personal services are a principal permitted use (P) in the TSH Zone; and, WHEREAS, footnote 25 in the Land Use Table n KMC 14.22.010 describes personal services as: art studios, barbers, beautician dressmakers, dry cleaners, self service laundries, fitness centers, massage therap ts, photographic studios, tailors, tanning salons, and tattoo parlors; and, WHEREAS, currently the allowed pri cipal permitted uses in the TSH Zone include the personal services of tattoo parlor s and massage therapists; and, WHEREAS, it is in the best inte st of the citizens of the City of Kenai to amend KMC 14.22.010 to require a conditi• al use permit for tattoo parlors and massage therapists in the TSH Zone. NOW, THEREFORE, BE I' ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Mu icipal Code 14.22.010 is hereby amended as shown on attached Exhibit "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day second of September, 2009. PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACKETED] Introduced: August 19, 2009 Adopted: September 2, 2009 Effective: October 2, 2009 ZONING DISTRICTS RESIDENTIAL L AND USES C RR RRI RS RSI RS2 RU CC CG IL IH ED R TSH LC CMU One Family Dwelling C' P P P P P P P S' S S 2 C 22 P P P S' /C Two /Three Family Dwelling C' P P P P P P S' C C C22 P P P S' /C' Four Family Dwelling C P C P N N P P S' C C C N P C S' /C Five /Six Family Dwelling C C' N P N N P P S' C C N N P C S' /C Seven or More Pamily Dwelling C' C N C' N N P Pei T N N P C S' /C Townhouses' C' C C C C C C C C C C C C C C C Mobile Home Parks 6 N I C C C C C C C C C C N C N N C Planned Unit Residential Development' C' C C C C C C C C C C N 0 0 CC COMMERCIAL LAND USES C RR RR I RS RSI RS2 RU CC CG IL IH ED R TSH LC 'MU Automotive Sales N C 0 N N N C P P P P N N N N P Automotive Service Stations N 0 0 N N N C P P P P N C N N P Banks N C C C N N C P P P C N C C C P Business /Consumer Services N C C C N N P P P C N C C C P Guide Service N C C C N N C P P P P N P P C P Hotels/Motels N 0 0 C, N N 0 P P P C N C P C P Lodge N C C C N N C P P P C N P P C P Professional Offices N C 0 0 N N P P P P P N C P P P Restaurants N C C 0 N N C P P P C N C C C P Retail Business N26 C 0 C N N C P P P P S 2 S 24 C C P Wholesale Business N C 0 C N N C C P P P N S 0 C N Theaters /Commercial Recreation N C C C N N 0 P P 0 0 N P 0 0 P Ordinance No. 2435 -2009 Exhibit "A" 14.22.010 Land use table. KEY: P Principal Permitted Use C Conditional Use S Secondary Use N Not Permitted LAND we TABLE Page 1 of 4 NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL Mil� EMI LAND USES C 12121 RR 12121 RS R51. RS2 RU ma IL III I'D R CMU Airports and Related Uses P C C C C P N C N N C Automotive Repair N C C C N N C P P P N Mil N P Gas Manufacturer /Storage N N C C N N N C C N N C N N C Manufacturing/Fabricating/ Assembly C C C NC C P C Mini Storage Facility fl C C C P P P C C Storage Yard N C C C N C 0 P P P N N C Warehouses N C C C N N N P III P C N N PTUTIC/ INSTITUTIONAL LAND USES RR I R5 RSI RS2 RU CC CG IH ED R TSH LC CMU Charitable Institutions C C 1 0 0 P P P P C P C P Churches* C P C P C Pt0 C 1 P P C C EIMI C PIMP P' 0 0 P C C p C P C P P P Clinics Colleges* C C C C P P C C P Elementary Schools* C C C C C C P O C MEE C C P Governmental Buildings 0 C C 0 E C P P P I P High Schools* C C C C C C P C C i P C Ella P H ospitals* C C C C C C C P P P C P Libraries* C C C C P P P C P Museums C C C I I M M I C I P PRIM= P C P Parks and Recreation P C C a C P P C P Assisted Living C C C C C C c c c MISCELLANEOUS IIIIIIIIIIIIIIIIIIMMIIII INIII L AND USES RR C G In ED D CMU C Animal Boarding" C C C Bed and Breakfasts C C C C P Cabin Rentals C C C C C N N N NN N P P C N C® C C N P N Cemeteries Crematories /Funeral Homes N C C C C Day Care Centers 12 C EMEIMI C C C Wall C C C p P Dormitories/Boarding Houses C C C C C U P P S C 1111111111 C C P P P P P P P P P P Sin P P Farming/General Agriculture" Agriculture*** Greenhouses /Tree Nurseries P C P C N C N z V C 0 7 N C P N P N P a U N P N N N N O C C P Ordinance No. 2435 -2009 Exhibit "A" KEY: P Principal Permitted Use C= Conditional Use S Secondary Use N Not Permitted LAND USE TABLE Page 2 of 4 NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS LAND USES C RR RR 1 RS RS 1 RS2 RU CC CG iL 1H ED R TS H LC C M IL Gunsmithing, Printing, Taxidermy N C C C C C P P P P N P P P Assemblies" (Large: Circuses, Fairs, Etc.) C C C C C C P P' P" P" P' C 9 N P" Fraternal Organizations/ Private Clubs /Social Halls and Union Halls N C C C C C P P P 0 N P C P Nursing, Convalescent or Rest Homes N C C 0 C 0 P 9 0 0 0 0 0 P Parking Off Street P P P P P P P P P P P P P P P 9 Parking,Public Lots" C 0 C 0 0 0 0 0 0 0 0 0 C C 0 C Personal Services C 0 C C 0C C P P P P C C P /0" P /C P Radio /TV Transmitters/Cell Sites P P 0 C 0 0 C P P P P P C 0 0 P Recreational Vehicle Parks C C C C N N C C 0 C C N C 0 N 0 Subsurface Extraction of Natural Resources" C C C C C C 0 C C C N C N N N Surface Extraction of Natural Resources" C 0 0 NN C N C C 0 N C N N N See 42 USCA See. 2000ce Religious Land Use and lnstitu ionalized Persons Act of 2000) See 42 'Telecommunications Act of 1996, See. 704(a) See, however, the limitatioi s 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; 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. Ordinance No. 2435 -2009 Exhibit "A" KEY: P= Principal Permitted Use C Conditional Use S Secondary Use N Not Permitted 14.22.010 LAND USE TABLE Page 3 of 4 NO Reference footnotes on following pages for additional restrictions Ordinance No. 2435 -2009 Exhibit "A" Page 4 of 4 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. 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. l9. 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 he 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. In the TSH zone tattoo parlors and massage thera.ists are allowed as a conditional use. In the LC zone dry cleaners, self- service laundries, massage therapists, and tattoo parlors are allowed as a conditional use. Personal Services not listed are conditional use. 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. the cf KENAL ALASKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING AN AMENDMENT TO THE LAND USE TABLE IN KMC 14.22.010 TO PROVIDE THAT TATTOO PARLORS AND MASSAGE THERAPISTS REQUIRE A CONDITIONAL USE PERMIT IN THE TOWNSITE HISTORIC ZONE (TSH). WHEREAS, currently personal services are a principal permitted use (P) in the TSH Zone; and, WHEREAS, footnote 25 in the Land Use Table in KMC 14.22.010 describes personal services as: art studios, barbers, beauticians, dressmakers, dry cleaners, self service laundries, fitness centers, massage therapists, photographic studios, tailors, tanning salons, and tattoo parlors; and, WHEREAS, currently the allowed principal peiutitted uses in the TSH Zone include the personal services of tattoo parlors and massage therapists; and, WHEREAS, it is in the best interest of the citizens of the City of Kenai to amend KMC 14.22.010 to require a conditional use permit for tattoo parlors and massage therapists in the TSH Zone. NOW, THEREFORE, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI, ALASKA, amend Kenai Municipal Code 14.22.010 as shown on Exhibit "A PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 12th day of August 2009. ATTEST: New text underlined CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION Na PZ09 -40 [DELETED TEXT BRACKETED AND ALL CAPS] ZONING DISTRICTS RESIDENTIAL LAND USES C RR RRI RS RSI RS2 RU CC CG IL IH ED R TSH LC CMU One Family Dwelling C' P P P P P P P S' S S c' P P P S' /C" Two/Three Family Dwelling C' P P P P P P P S' C C C P P P S' /c Four Family Dwelling C P 0 P N N P P" S' C C C N P C S' /C Five /Six Family Dwelling C C N P N N P P S' C C N N P C S' /C Seven or More Family Dwelling C' C N C N I'd P P S' C C N N P C S' /C' Townhouses" C' C C C C .c C C C C C C22 C C C C Mobile Home Pas N C C C C C C C C C C N C N N C Planned Unit Residential Development' C C C 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 I11 ED R TSH LC CMU Automotive Sales N C C N N N C P P P P N N N N P Automotive Service Stations N C C N N N C P P P P N C N N P Banks N C C C N N C P P P C N C C C P Business /Consumer Services N C C C N N C P P P C N C C C P Guide Service N C C C N N C P P P P N P P C P Hotels /Motels N C C C N N C P P P C N C P C P Lodge N C C C N N' C P P P C N P P C P Professional Offices N C C C N N P P P P P N C P P P Restaurants N C C C N N C P P P C N C C C P Retail Business N C C C N N C P P P P S2" 5 C C P Wholesale Business N C C C N N C C P P P N S C C N Theaters /Commercial Recreation N C C C N N C P P C C N P C C P Resolution PZ09 Attachment "A" 14.22.010 Land use table. KEY: P= Principal Permitted Use C Conditional Use S Secondary Use N Not Permitted LAND USE TABLE Page 1 of4 NOTE: Reference footnotes on following pages for additional restrictions 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 P C C C N N C P P P P N C N N C Automotive Repair N C C C N NC P P P P N N N N P Gas Manufacturer /Storage N N C C N N N N N C C N N N N N Manufacturing/Fabricating/ Assembly N C C C N N C C P P P NC C N C Mini Storage Facility N C C C N N C C P P P N N N C C Storage Yard N C C C N N C C P P P N N NN C Warehouses N C C C N N C N P P P NC N N N PUBLIC/ INSTITUTIONAL LAND USES C RR RRI RS RS1 RS2 RU CC CG IL III ED R TSH LC CMU Charitable Institutions C C C C C C P P P P P P C P C P Churches* C P10 P1° P'° Pin pill pm pro pin c c p pill p p p Clinics C C C 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 C C C C P P C C P C CC P Governmental Buildings C C C C C C C P P P C P C C P P High Schools* C C C C C C C P P C C P C C C P Hospitals* C C C C C CC P P P C C C C C P Libraries* C C C C C C C P P P C P C P C P Museums C C C C C C C P P P C P C P C P Parks and Recreation P C C C C C C P P P P P P P C P Assisted Living C C C C C C C C C C C C C C C C MISCELLANEOUS LAND USES C R)2 RR1 RS RS1 RS2 RU CC CG IL ID ED R TSH LC CMU Animal Boarding" C C C C 0 N N 0 0 C C N C N C C Bed and Breakfasts C C C C C 0 C C C C 0 N 0 0 C P Cabin Rentals C C C C N N N P P P C N P P C P Cemeteries C C C 0 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 C C C Day Care Centers C C C C C C C P P P C C C C P P Dormitories /Boarding Houses C C C C 0 0 P P S C P P C C C P Essential Services P P P P P P P P P P P P P P P P Fanning/General Agriculture P P N N N N N N N N P N P N N N Greenhouses /Tree Nurseries 13 C C 0 C C CC P P P C N C C C P Resolution PZ09 -40 Attachment "A" KEY: P Principal Permitted Use C Conditional Use S Secondary Use N Not Permitted LAND USE TABLE 14.22.010 LAND USE TABLE Page 2 of 4 NOTE Reference footnotes on following pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS LAND USES C RR RRI RS 1(51 RS2 RU CC CG IL 111 ED R 'TSH LC CM U Gunsmithing, Printing, Taxidermy NC C C C C C P P P P N C P P P Assemblies" (Large: Circuses, Fairs, Etc.) CC C C C C C P" p P P P 's C P N p Fraternal Organizations/ Private Clubs /Social Halls and Union Halls NC C CC C C P P P C N C P C P Nursing, Convalescent or Rest Homes z -i C C C C C P P C C C C C 0 P Parking, Off- Street P P P P P P P P P P P P P P P P Parking, Public Lots" C C C C C C C C C C C C C C C Personal Serviees' CC C C CC C P P P PC C P[C P /C P Radio /TV Transmitters /Cell Sites PP C C C C C P P P P P C C C P Recreational Vehicle Parks C 0 C 0 N N 0 C C C C N C 0 N C Subsurface Extraction of Natural Resources' 0 C C C C C C 0 C C N C N N N Surface Extraction of Natural Resources C C C N z C C C C N C N N N See 42 USCA Sec. 2000cc Religious Land Use and histitu ionalized Persons Act of 2000) See 42 Telecommunication' 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 ether development requirements shall be the scone 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; I 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. Resolution PZ09 -40 Attachment "A" KEY: P Principal Permitted Use C Conditional Use S Secondary Use N Not Permitted Page 3 of 4 NOTE: Reference footnotes on following pages for additional restrictions Resolution PZ09 -40 Attachment "A" Page 4 of 4 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. 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 donnitory 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. In the TSH zone tattoo parlors and massage therapists are allowed as a conditional use. In the LC zone dry cleaners, self service laundries, massage therapists, and tattoo parlors are allowed as a conditional use. Personal Services not listed are conditional use. 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year.