HomeMy WebLinkAboutOrdinance No. 2173-2006Suggested by: Council
CITY OF KENAI
ORDINANCE NO. 21'73-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE KENAI ZONING CODE AT KMC 14.20.150 TO PREVENT THE SAME OR
SUBSTANTIALLY SIMILAR CONDITIONAL USE PERMIT APPLICATIONS FROM BEING
CONSIDERED BY THE PLANNING AND ZONING COMMISSION MORE THAN ONCE IN
ANY NINE-MONTH PERIOD.
WHEREAS, currently under KMC 14.20.150 an unsuccessful applicant for a
conditional use permit may reapply for the same or a substantially similar permit
immediately after being turned down by the Planning & Zoning Commission or the
Board of Adjustment; and,
WHEREAS, allowing reapplication soon after being turned down for a conditional use
permit that is the same or substantially similar places an undue burden on the public
wishing to participate in the permit process; and,
WHEREAS, a nine (9) month moratorium on reapplication for the same or a
substantially simiiar permit will ease the undue burden on the public whiie allowing
reapplication within a reasonable time; and,
WHEREAS, an applicant may still reapply within the nine (9) month period if the
subsequent application is not substantially similar to the previously rejected
application; and,
WHEREAS, it is in the best interest of the City of Kenai to enact a nine (9) month
moratorium on submittal of the same or substantially similar conditional use permits.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska,
that KMC 14.20.150(j) be added to read:
(j) A proposed conditional use permit shail not be considered if a
substantially similar conditional use permit has been
considered and denied wiYhin ihe nine (91 months irnmediately
~receding,
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the 19th day of July,
2006. ~
f / -`,.__~
PAT PORTER, MAYOR
Ordinance No. 2173-2006
Page 2 of 2
ATTEST:
L~~, .°~"/.~'~~
Carol L. Freas, i~Clerk
Introduced: July 5, 2006
Adopted: July 19, 2006
Effective: August 19, 2006