HomeMy WebLinkAboutOrdinance No. 2195-2006Suggested by: AdministraUon
CITY OF KENAI
ORI3YNANCE NO. 2195-~006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE KENAI MUNICIPAL CODE AT KMC 14.22.010 (LAND USE TABLE) AND 14.20.320
TO PROVIDE FOR RESIDENTIAL DEVELOPMENT OF UP TO SEVEN OR MORE
FAMILY DWELLINGS AS A S~CONDARY USE IN THE CENTRAL MIXED USE ZON~
AND PROVIDING FOR A D~FINITION OF `SECONDARY USE."
WHEREAS, the City of Kenai has created a Central Mixed Use Zone (CMU) at KMC
14.25.125; and
WHEREAS, allowing residential development in the CMU Zone as a secondary use
would further the concept of a rrrixed use area; and
`vU'rIEREAS, ailowing residential development as a secondary use would require the
development to be coupled with a principal permitted use; and
WHER~AS, a principal permitted use requiring a landscaping/site plan review shouid
include the secondary use in those plans; and
WI IEREAS, the definitions section in KMC 14.20.320 should include a defmition of
"secondary use."
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 14.22.010 and 14.20.320 are amended as shown in Attachments A
and B.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of
November, 2006. ~,,~~
/?~~ ~~~2°'~~
PAT PORTER, MAYOR
ATTEST:
r
~ ~ ~~~1. '~ ~~
Carol L. Freas, City Clerk
Introduced: October 17, 2006
Adopted: November 1, 2006
Effective: Deceinber 1, 2006
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14.22.0] 0 Land Use Tabie Footnotes:
Allowed as a secondary use except on the ground floor of the part of the buiiding fronting
on collector streets and major highways. Commercial or industrial development which
falls under the landscaping/site ulans requirements of KMC 14.25 shall include anv
secondary uses in the landscaping and site plans.
One (1) single-family residence per parcei, whieh is part of the main building.
Allowed as a conditional use, subject to satisfying the following conditions:
a. The usabie area per dweliing unit shali be the same as that requirEd for dweliing 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 s1~a11 be
the same as for princi~al uses in the RR zone;
d. Water and sewer facilities shall meet the requirements of all applicable health
regulations;
e. The pro~osed dwelling group will constitute a residential area of sustained
desirability and stability; wi11 be in harmony wiUi the character of the surrounding
neighboxhood, and will not advexsely affeet surrounding pxoperly values;
f. The buildings shali be used oiily for residentiai purposes and eustomary accessory
uses, such as garages, storage spaces, and recreational and community activities;
g. There sha11 be provided, as part aP the proposed development, adequate recreation
areas to seive the needs of fl1e antieipated population;
h. The development shall not produce a volume of traffic iu excess of the capacity for
~~ ~ which the access streets are designed;
~~~ i. The property adjacent to the proposed dwelling group wi11 not be adversely affected.
4. See "Townhouses" section.
5. See "Mobile Homes" section.
6. Aliowed as a conditional use, subject to "Mobile Homes" section and provided that any
inobile home park meets the minimum Federal Housing Authority requirements.
7. See "Planned Unit Residentiai DevelopmenP' section.
8. Allowed as a conditional use, provided that the proposed loeation and the characteristies
of the site will not desiroy the residenfial character of the neighborhood.
9. Allowed as a conditional use, provided that all applicabie 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 adj oining street or property line and provided further that the
proposed location and characteristics of the use wi11 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 iocation of ehe use and the size and characteristic of the site will
inaximize its benefit to the public;
b. Exits and entrances and off-stxeet parking for the use are Iocated to prevent traffic
hazards on public streets.
Ordinance No. 2] 95-2006 Attacllmenf A
Page 4 of 5
13. Allowed as a conditional use, provided that setbacks, bu4'fer sCrips, and other provisions
are adequate to assure that the use will not be a nuisance to surrounding pxoperties. The
Coinmission 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 o~f the moriuary.
15. Allowed, provided that the following condiYions are inet:
a. An uncleared buffer strip of at least thirty (3p) feet shall be provided between said use
and any adjoining property in a residentiai zone.
b. Exits and entrances and off=street parking for the use shall be located to prevent
traffic hazards on the puUlic streets.
16. See "Condit~onal Uses" section.
17. See "Conditional Use Permit for Surface Fxtracrion of Natural Resources" section.
18. Condirionai Use allowed orily on privateiy held property. I~TOt allowed on government
lauds.
19. Deleted by Ordinance 2144-2006.
20. The airport related uses allowed under this enfry are aircraft approach zones per KMC
14.20.070(a), except that ,Eor properties contained inside the airport perimeter fence or
having access to aireraft movement areas, ramps, taxiways or parking aprons, FAA
authoriced uses are allowed.
21. Development for use shail be the same as those listed in the "Developineut Requirements
Tables" for the RU/TSH zones.
22. Allowed as a conditional use iii conjunciion 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 conjunetion with a permitted use in the ED zone. I'or
example, a donnitory used to house students for a school or educational Pacility.
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, beauticia~is, dressmakers, dry cleaners and self-service lamidries,
fitness centers, photographic studios, tailors, tanning salons and massage therapists.
26. F'ood services are allowed on a temporary or seasonal basis of not more than four (4)
months per year.
Ordinance No. 2195-2006 Attachment A
Page 5 of 5
14.20.320 Definitions.
(a) GeneralInterpretation.
(1) Words used in the presenf tense include the futw-e tense.
(2) The singular nuinber includes the plural.
(3) The word "person" includes a corporation as well as an individual.
(4) The word "loP' includes the word "plot" or "parcei."
(5) The term "shalP' is always mandatory.
(6) The word "used" or "occupied" as applied to any land or building shall be
construed to inciude the words "intended," "arranged" or "designed to be used or
occupied."
(b) Specific Detinitions.
"Accessory building" means a detached building, the use of wiuch is appropriate,
subordinate, and customarily incidental to that of the main building or to the main
use of fhe land and which is located on the saine lot as the main build'u2g or use. An
accessory building shall be considered to be a part of the main building when joined
fo the main building by a common wall or when any accessory building and the
main building v~e connected Uy a breezeway.
"Accessory use" means a use customarily incidental and subordinate to the
principal use of the land, building, or structure and located on the same iot or parcel
of land.
"Administrative offieiaP' means the person chargcd with the administration and
enforcement of this chapter.
"Agricultural building" means a building used to shelter farm impleinents, hay,
grain, poulhy, livesYock, or other farm produce, in which there is no human
habifation and which is not used by the public.
"Alley" means apublic way designed and intended to provide only a secondary
means of access to any property abutting thereon.
"Alterations" means any change, addition, or modification in consn~uction,
location, or use classification.
~ "Apartment house," see "Dwelling, multiple."
Ordinance No. 2195-2006 Atfachment B
Page I of 8
"Area building" means the totai of areas taken on a horizontal piane at the main
grade level of the principal Uuilding and all accessory buildings, exclusive of steps.
"Automobite wrecking" means the dismantling of used motor vehicles or trailers
or the stora~e or sale of parts from dismantled or partially dismanfled, obsolete, or
wrecked vehicles.
`Bed and BreakfasY' means a residential, owner-occu~ied dwelling in which
rooins are rented to paying guests on an overnight basis with no more than one (1)
meal served daily.
"Boardinghouse" means a building other than a hotel where lodging, with or
without meals, is ~rovided for compensation for three (3) or more persons, on other
than day-to-day basis and which is not open to transient guests.
`Building" means any structure built for the sup~ort, shelter, or enclosure of
persons, animals, or property of any kind.
`Building Code" means Yhe building code and/or other buildin~ regulations
applicabie in the City.
"Building, existing" means a building erected prior to the adoption of the
ordinance codified in this chapter or one for which a Iega1 building permit has been
issued.
~Building height" means the vertical distance from the "grade," as defined herein,
to the highest point of the roof.
"Building, principal or main" means a building in which is conducted the
prineipal or main use of the lot on which said building is situated.
"Cabin rentals" means the renting out of one or more individual, detached
dwelling units or buildings to provide overnight sleeping accommodations for a
period of less than thirty (30) consecutive days.
"Centerline" means the line which is in the center of a public right-of-way.
"City" means the City of Kenai, Alaska.
"CollecYor streeY' means a street located and designed for the primary purpose of
carrying through traffie and of connecting major areas of the City. Unless otherwise
designated by the Commission, collector street shail be defvzed on the plan for
streets and comrnunity facilities in the coinprehensive development plan.
"Commission" means the Kenai Planning and Zoning Commission.
Ordinance No. 2] 95-2006 Attachmeut B
Page 2 of 8
"Conditional use" means a use which is permitted under the terins of this chapter
provided that under the specified procedures, the Commission finds that certain
conditions, specified in this chapter are fulfilled. Conditional uses are listed in the
Land Use Table.
"Condominium" means a common interest ownership dwellin~ in which:
(1) Portions of the real estate are designated for separate o~mership;
(2) The remainder of the real estate is designated for common ownership solely
by the owuers of those portions;
(3) The undivided interests in the common elements are vested in the unit
owners. In the Land Use Table (KMC 14.22.010), "condominiums" shall be treated
as two or morc family dwellings. For example, a four (4) unit condominium
building would be treated as a four (4) famiiy dwelling.
"Coverage" means that percenfage of the total lot area covered by Che building
area.
"Dwelling" means a building or any portion thereof designed or used exclusively
for residential occupancy including one (i) family, two (2) family and mulri~ale-
family dwellings, but not including any other building wherein human beings may
be housed.
"Dwelling uniY' means one (1) or more rooms and a single kitchen in a dwelling
designed as a unit for occupancy by not more than one (1) family for living or
sleeping purposes.
"Dwelling, one-family" means any detached building containnl~ only one (1}
dwelling unit.
"Dwelling, two-family" means any building containing only two (2) dwelling
units.
"Dwelling, multiple family" means any building containing three (3) or more
dwelling units.
"Essential service" means the erection, construction, alteration, or maintenance by
public utility companies or municipal departmEnts or commissions, of underground
or overhead gas, electrical, steam, or water transmission or distribution sysCems,
collection, communication, supply, or disposal systems, inciuding poles, wires,
mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals,
hydrants, and other similar equipment and accessories in connection Therewith. '1'his
definition shall not be interpreted to inelude public buildings.
Ordinance No. 2195-2006 Attachment B
Page 3 of 8
"Family" means any number of individuals living together as a single
~~ housekeeping unit in a clweiling~ unit.
"Fencc, height" means the vertical distance between the ground directly under the
fence and the highest point of the fence.
"Floor area" means the total of each floor of a building within the surrounding
outer walls but excluding vent shafts and courts.
"Frontage" means all the property fronting on one side of a streeY between
intersecYion streets.
"Garage, private" means an accessory building or any portion of a main building
used in connection with residential purposes for the sCorage of passenger motor
vehicles.
"Garage, public" means any garage other than a private gacage, avaiiable to the
pubiic, operated for gain, and which is used for storage, repair, rental, greasing,
washing~, servicing, adjusting, or equipping of autoznobiies or other vehicles.
"Grade (ground level)" ineans the average level of the fiivshed ground at the
center of ali walls to a building. In case walls are parallei to and within five (S~ feet
of a public sid~walk, the ground level sha11 be measured at the sidewalk.
"Guest room" means any room in a hotel, dormitory, boarding, or lodgin~ house
used and maintained to provide sleeping aceommodations for one or more persons.
"Guide service" means any activity on any preinises used for collecting or
returning persons from recreational trips when remuneration is provided for the
service.
"Home oecupation" means an accessory use of a service character customariiy
conducted with a dwelling, by the residents, which does not involve the conduct of
trade on the premises.
"Hotel" means a building or group of buildings containing more than five (5)
guest rooms used for the purpose of offering public lodging on a day-to-day basis
with or without meals.
"Junlryard" means any space one hnndred (100) square feet or mare o~F any lot or
parcel of land used for the storage, keeping, or abandomnent of junk or waste
material, including scrap metals or other scrap materials, ar for Che dismantling,
demoiirion, or abandonment of automobiles, other vehicles, machinery, or any parts
thereof.
Ordinance No. 2195-2006 AEtachment B
Page 4 of 8
~ "Loading space" means an off-street space or berth on the saine lot with a
~ buIlding or structare to be used for the tem~orary parking of commercial vehicles
while loading or iuiloading merchandise or materials.
"Lodge" means a building or group o~F buildings containing five (5) or fewer guest
rooms used for the purpose of offering public lodging on a day-to-day basis with or
without meals.
"LoY' means a parcel of land occupied or w be occupied by a principal use and
having frontage on a public street.
"Lot, eorner" means a 1ot situated at the junetion of, and bordering on, two (2)
intersecting streets, two (2) piatted rights-of-way, two (2) government easemenTs, or
any combu2ation thereof.
"Lot eoverage" means that portion of the lot covered by buildings or structures
that require a building permit.
"Lot depth" means the horizontal distance separating the fronT and rear lot lines of
a lot and at right angles to its width.
"Lot line, f`ront-corner lot" means the shorCest street Iine of a corner lot.
"Lot line, front-interior lot" ineans a line separating the lot from the sCreet.
"Lot line, rear" means a line that is opposite and most distant from Che fronC lot
line, and in the case of irregular, triangular, or gore shaped lot, a line not less than
ten feeC (10') in length, within a Iot, parallel to and at the maYimum distance from
the front lot line.
"Lot line, side" means any Iot boundary line not a front lot line or a rear lof line.
"Lot width" means the mcau horizontal disYance separating the side lot lines of a
lot and at right a~igles to its depth.
"Manufactured housing" ineans a dwelling unit that meets Depariment of
Housing and Urban Developinent Standards for manufactured housing and is wider
ehan sixteen feet (16'}, has a roof pitch of 4:12 ar greater with roofing and siding
common to standard residential construction and is transported to the site and placed
on a permanent foundation.
"Mobilc home" means a structure, which is built on a permanent chassis in
accordance with Department of Housnlg a~zd Urban Development SYandards and
designed to be used as a dwelling unit, with or without a permanent foundation
when connected to fhe required utilities. A mobile home is subject to all regulations
Ordinance No. 2195-2006 Attachment B
Page 5 of 8
applying thereto, whether or not wheels, axles, hitch or other appurtenances of
mobility are removed and regardless of the nahu~e of the foundation provided.
"Mobile home park" means a site with required improvements and utilities far the
long-term parking of mobile homes which may include services and facilities for the
residents.
"Modular home" means a dwelling constructed in modules or sections at a place
other than the building site, built to conform to Title 4 of'the Kenai Municipal Code,
is Ysa~zsported to the site and then assembled and placed on a permanent foundation.
"Motel" means a group of one (1) ox more detached or semi-detached buiidings
coiltaining two (2) or more individual dwelling units andlar guest rooms desi~ned
far, or used tempararily by, automobile tourists or transients, with a garage attached
or parking space conveniently located to each unit, including groups designated as
auto courts, motor lodges, or tourist courts.
"Non-conforming lot" means a lot lawfuiiy existing at the time this ordinance
became effective, which by reason of area or dimeusions, does not meet ti~e
development requirements far the zone in wiuch it is located.
"Non-conforming structure" ineans a structure or portion thereof, lawfuliy
~ existing at the time this ordinauce became effective, which by reason of its yards,
coverage, hcight, or other as~ects of design, does not ineet the development
requireinents aFthis zone.
"Non-conformin~ use" means a use of a structure of land, or oi a structure and
iand in "combination, Iawfully existing at the time this ordinance became effective,
or established on the premises of a previous non-conforming use as specified in this
chapter, which is not in conforinity with the uses perinitted in the zone in which it
exists.
"Nursery, ehildren's" ineans any home or institution used ar maiiltained to
provide day care for children not niore than seven (7) ycars of age.
"Parking space, pr[vate" means any automobile parking space, excluding
garages, not less than nine feet (9') wide and one hundred eighty (180) square feet in
total area.
"Parldng space, public" means an area of not Iess than one hundred eighty (180)
square feet exclusive of drives or aisles giving aceess thereto in azea accessible from
sh•eets and alleys for the storage of passenger motor vehicles operated by individual
drivers.
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Page 6 of 8
"Person" means a natural person, his heirs, executors, administrators, or assigns,
~ and also including firm, partnership, or corporation, its or their successors and/or
assigns or the agent of any of the aforesaid.
"Planned Unit Residential Development" means an alternative method of
deveiopmcnt a residential neighborhood under more flexible conditions that other
required in a speeific zoning district.
"Principal use" means the major or predominant use of a Iot or parcel of land.
"Profession" means an occupation or calling requiring the ~ractice of a learned art
through specialized knowledge based on a degree issued by an institution oP high
iearning, e.g., Doctor of Medicine.
"Property owner" mcaus the owner shown on the latest tax assessment roll.
"Recreational vehicle" means a vehicular-type unit, primarily designed as
temporary Iiving quarters for recreationai camping, or Yravel use, which either has
its own motor power or is mounted on or drawn by another vehicle. RecreaYional
vehicles include, but are not limited to travel trailers, camping trailers, truck
cainpers, and motor homes.
"Reereational vehicle park" means an area established by a conditional use
permit ~for the parking of two (2) or moxe recreatioual vehicles on a temporary basis.
"Secondary use" (S) means a use allowed on a lot or parcel of land only if there is
also an allowed principal use oi~ the propert~
"Service station" means any buildin~, strueture, premises or other spaee used
primarily for the retail sale and dispensing of motor fuels, tires, batteries, and other
small accessories, the instailation and servicing of such lubricants, tires, batteries,
and other small accessories; and such other services which do not customarily or
usuaily require the services of a qualified automotive mechanic.
"Sign" means any words, Ietters, parts of letTers, figures, numerals, phrases,
sentences, embiems, devices, trade names, or n~ade marks by whicl~ anything is
made known, such as are used to designate an individual, firm, associatioii,
corporation, profession, business, or a commodity or product, which are visiblE
from any public street or highway and used to attract attention.
"StaYe highway" means a right-of way classified by the State of Alaska as a
primary or secondary highway.
"Street" means a public right-of-way used as a thoroughfare and which is
designed and intended to provide the primary means of access to property abutfing
thereon.
o. 2195-2006 Attachment B
Page 7 of 8
"Structure" means that which is built or conshucted, an edi£ice or a building of
any kind, composed of ~arts joined together in some definite matmer.
"Townhouse" means single-family dweliing units constructed in a series or group
of two (2) or more units separated from an adj oining unit by an approved pariy wa11
or walls, extending from the basement of either floor to the roof along the linking lot
line.
"Use" meails the purpose for which land or a building is arranged, designed, or
intended, or for which either land or a building is or inay be occupied or maintained.
"Variance" means the relaxation of the development requirements of this chapter
to provide relief when the literal enfarcement would deprive a property owner of the
reasonable use of his real properry.
"Yard" means an open, uiloccu~ied space, other than a court, unobstructed from
the ground to the sky, except where speeifically provided by this ordinance, on the
same l02 on whieh a buiiding is sihiated.
"Yard, front" means a yard extending across the fi~11 width of the lot between the
front lot line of the lot and the nearesC exterior wa11 of the buiiding which is the
nearest to the front lot linc.
"Yard, rear" means a yard extendin~ across the full width of the lot between the
most rear main building and the rear lot line.
"Yard, side" means a yard on each side of a nzain building and extending from the
front IoC line to the rear lot line. The width of the required side yard shall be
measured horizontaliy Prom the nearest point of a side lot line to the nearest part of
the main building.
"Zoning change" means the alteration or moving of a zone boundary; the
reclassification of a lot, or parcel of land, from one zone to another; and the change
of any of the regulations contained in this chapter.
"Zoning ordinance or ordinances" means the zoning ordinance of the City of
Kenai.
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Page 8 of 8