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HomeMy WebLinkAboutOrdinance No. 2610-2012the ci(y. RENAL ALASKA Sponsored by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 2610 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 14.22.010, "LAND USE TABLE," TO ALLOW BED AND BREAKFAST IN THE RECREATION ZONE (R) AS A PERMITTED USE INSTEAD OF REQUIRING A CONDITIONAL USE PERMIT. WHEREAS, the Section 14.20.145, Recreation Zone, defines the intent of the zone to contain both public and private lands to be utilized for commercial and non- commercial recreation and residential purposes; and, WHEREAS, land uses permitted in the Recreation Zone include guide service, hotels, motels, lodges, theaters, commercial recreation, and cabin rentals; and, WHEREAS, land owners in the Recreation Zone must obtain a conditional use permit from the City in order to operate a bed and breakfast in the Recreation Zone; and, WHEREAS, the commercial impact of a bed and breakfast is less than the other commercial uses permitted in the Recreation Zone; and, WHEREAS, section14.22.010, Land Use Table, should be amended to provide for bed and breakfasts as a permitted use in the Recreation Zone; and, WHEREAS, the Planning and Zoning Commission, through its Resolution No. PZ12- 04, recommends that the Council amend the Kenai Municipal Code as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form. This is a Code ordinance. Section 2. Amendment of the Kenai Municipal Code, KMC 14.22.010: The City of Kenai Municipal Code, section14.22.010, Land Use Table, is hereby amended as shown on Attachment A to this ordinance. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. New Text Underlined' [DELETED TEXT BRACKETED] Ordinance No. 2610 -2012 Page 2 of 2 Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. pphi._ PASSEDo,BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this cir day of 001,E -- , 2012. ATTEST: PAT PORTER, MAYOR Introduced: March 7, 2012 Adopted: March 21, 2012 Effective: April 21, 2012 New Text Underlined. [DELETED TEXT BRACKETED] 14.22.010 Land use table. LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions RESIDENTIAL LAND USES ZONING DISTRICTS IIII��.������� C RR RR 1 ED R TSH LC CMU One Family Dwelling ®mom® P ® ®� P S'/C' Two /Three Family Dwelling Four Family Dwelling C's C's P �MI S ® iyam® N N P Ps' S' C C ® P P S'/Cc' C S'/C' Five /Six Family Dwelling ®® N ® ® ®® P a C C S'/C" Seven or More Family Dwelling EMI MIEINIMEMI ill N P ® C C Min C'r c c S'/C21 C Townhouses' ®® C+.xr C® c Mobile Home Packs' N ®111=11® C® C N C ®® C Planned Unit Residential Development' COMMERCIAL MI C ��� C C C C N C C C C LAND USES R5 1251 �® IL Ili El) R CMU Automotive Sales ®111111111® P P © P N N N N P Automotive Service Stations I C © ®. P P P N C N N P ' �� ��® C Business /Consumer Services Guide Service N ® C C N N C ® ®® C P P P P N C N C C C P ®la© P fl C P Hotels /Motels ® C ® C 00®® P C. N C P C P Lodge Professional Offices ® ® ® C ®n� 113111111111211111 P mu 1E11 P C ® P P EMEIMMIE Retail Business ®� N' ®���� N N' S 24 ® S- C P Wholesale Business ®® N C ® C N Theaters /Commercial Recreation N C N C N N C P P C C N P C C P New Text Underlined' [DELETED TEXT BRACKETED] Ordinance No. 2610 -2012 Attachment A Page 1 LAND USE TABLE KEY: P Principal Pennitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL ail 1111 C ®Ell RS1 RS2 ® Ili ED MI LC CMU Airports and Related Uses WM Automotive Repair ® C N N C 111111® C P P® P Gas Manufacturer /Storage MEM N C ® N ©© N N N N N Manufacturing /Fabricating/ Assembly C C N C II y lill�� Storage Yard Warehouses ® ® ® ©® ®® C N N ® ® ®11111 C P P P P P Ell N C N® ® N C C N PUBLIC/ INSTITUTIONAL ® RR RRi RS ����� CEMICHEMEME III ED R 'i'-, LC CMU Charitable Institutions C C ee P P P C PC P MESS® allallill Colleges* C Pia ® ® ®® � p P' P P P C ��� C C C P P ® ® ®�� ® P C P Elementary Schools* M C 29 C® P ® C C P Governmental Buildings C C$9 ® C P P Clil P High Schools* C C WEI P P ® C P Hospitals* C C EIMM® C Sri P C ligra P Libraries* IMIEgill C C" C P® PC P P Museums C C" C ® C P C Parks and Recreation C" P P P C P Assisted Living ® ®® C C C ® C = LAND USES ® RR 1111111a RRI ® RS2 III ED R TS II LC CMU Animal Boarding' C® N EMU N C N C N® C P C C C Bed and Breakfasts Cabin Rentals C ® C C ®® RJ IIII C P P P EMI N [C]P P P P ill C MIMI C M C ® N Cremator /Funeral Homes N N BIJuiii C C C C Day Care Centers ® C ti P Dormitories /Boarding Houses C C ® P® C C P Essential Services Farming/Genera eultuGeneral Agriculture * ** A P P P P P Milan IRUMUNUN P P® P 5 N P Greenhouses /Tree Nurseries' C C ® C INIEFI C N C CC P LAND USE TABLE New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2610 -201.2 Attachment A Page 2 KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS LAND USES Gunsmithing, Printing, Taxidermy I� ®� � �� ® RS2 RU CC CG IL II3 LC CMU ® P IIIII III P P Assemblies" (Large: Circuses, Fairs, Etc.) ® C N C Pis Pis C P N Pis Fraternal Organizations/ Private Clubs /Social Halls and Union Halls Nursing, Convalescent or Rest Homes Parking, Off - Street ® IIINI P P C C ® III= C P P P P C® P P® P® P C P C C P P P Parking, Public Lots'2 C C ®® C C C C C C C® C 1111 N C C UM "I C C P P/ C" P Communications Towers & Antenna(s), Radio /TV Transmitters /Cell Sites ** zx Recreational Vehicle Parks P C 111111C C C P P P C P P C C C C N C C Subsurface Extraction of Natural Resources' Surface Extraction of Natural Resources" C ®® C C N C C N ®� C C C N © N C ©® See 42 USCA Sec. 2000cc (Religious Land Use and 1 tstimtionalized 1 ersons Act of 2000) ** See 42 Telecommunications 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 (I) 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; e. 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; f 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. New Text Underlined. [DELETED TEXT BRACKETED] Ordinance No. 2610 -2012 Attachment A Page 3 5. See "Mobile Homes" section. 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. 1 1. 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. b. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; 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 /TSR 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. 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27, Limited Commercial Zone Personal Services Permitted(P) Conditional Use(C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Self - Service Laundries X Fitness Centers X Massage Therapist X Photographic Studios X Tailors X Tanning Salons X Tattoo Parlors X New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2610 -2012 Attachment A Page 4 Personal services not set forth in the above matrix are conditional uses. 28. Communications tower /antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met. 29. Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from (a) driveway access on the Kenai Spur Highway, or (b) driveway access from a dedicated right -of -way and that driveway access is not more than 275 feet as measured from the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as -built drawing /survey of the parcel. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2610 -2012 Attachment A Page 5 KENAI,ALASKA IVillage with a Past, Gi with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 l l I I I l 1992 MEMO: TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administratio DATE: February 24, 2012 SUBJECT: Ordinance No. 2610 -2012 - An Ordinance Of The Council Of The City Of Kenai, Alaska, Amending Kenai Municipal Code 14.22.020, "Land Use Table," To Allow Bed And Breakfast In The Recreation Zone (R) As A Permitted Use Instead Of Requiring A Conditional Use Permit The Planning & Zoning Commission is recommending an amendment to KMC 14.22.010, "Land Use Table" to allow Bed and Breakfast as a permitted use in the Recreation Zone. Under the existing Land Use Table, Bed and Breakfast require a Conditional Use Permit in the Recreation Zone (KMC 14.20.145). The Recreation Zone allows multiple commercial uses as permitted uses including hotels, motels, theaters, commercial recreation and cabin rentals. Because a Bed and Breakfast is fully contained within a residence and operates under strict restrictions (KMC 14.20.321), the use has much less of an impact to adjoining properties. It appears reasonable that Bed and Breakfast should be allowed as a permitted use in the Recreation Zone. CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12 -04 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE 14.22.010, "LAND USE TABLE," TO ALLOW BED AND BREAKFAST IN THE RECREATION ZONE (R) AS A PERMITTED USE INSTEAD OF REQUIRING A CONDITIONAL USE PERMIT. WHEREAS, the Section 14.20.145, Recreation Zone, defines the intent of the zone to contain both public and private lands to be utilized for commercial and non- commercial recreation and residential purposes; and, WHEREAS, land uses permitted in the Recreation Zone include guide service, hotels, motels, lodges, theaters, commercial recreation, and cabin rentals; and, WHEREAS, land owners in the Recreation Zone must obtain a conditional use permit from the City in order to operate a bed and breakfast in the Recreation Zone; and, WHEREAS, the commercial impact of a bed and breakfast is less than the other commercial uses permitted in the Recreation Zone; and, WHEREAS, section 14.22.010, Land Use Table, should be amended to provide for bed and breakfasts as a permitted use in the Recreation Zone; and, NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMEND KENAI MUNICIPAL CODE as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of the Kenai Municipal Code, KMC 14.22.010: The City of Kenai Municipal Code, section14.22.010, Land Use Table, is hereby amended as shown on Attachment A to this ordinance. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. New Text Underlined. ]DELETED TEXT BRACKETED] Resolution PZ2012 -04 Page 2 of 2 Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. Dated at Kenai, Alaska this ,L A day of Ibr 1, Vrir , 2012 New Text Underlined' [DELETED TEXT BRACKETED] 14.22.010 Land use table. LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS RESIDENTIAL LAND USES C RR RRI RS RS1 1(52 RU CC CG IL 111 ED R TSH LC CMU One Family Dwelling Ca P P P P P P P2' S' S2 S2 C" P P P S' /C21 Two/Three Family Dwelling C18 P P P P P p P21 S' C C C�2 P P P S' /C31 Four Family Dwelling C" P C3:291) N N P Pet S' C C C22 N P CSI/C" Five /Six Family Dwelling C" C3 N P N N P P" 51 C C N N P C S' /Cu' Seven or More Family Dwelling C18 C3 N C' N N P Pet S' C C N N P C S' /C" Townhouses4 C" Ca C :" Ca C3 C' C3 C C C C C22 C C C C Mobile Dome Parks6 N C N C C C C C C C C N C N N C Planned Unit Residential Development' C'a C C29 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 111 ED R TSH LC CMU Automotive Sales N C N N N N C P P P P N N N N P Automotive Service Stations NC N NN N C P P P P N C N N P Banks NC N C N N C P P P C N C C C P Business /Consumer Services NC N C N N C P P P C N C C C p Guide Service N C N C N N C P P P P N P P C P Hotels /Motels N C N C N N C P P P C N C P C P Lodge N C N C N N C P P P C N P P C P Professional Offices N C C29 C N N P P P P P N C P p p Restaurants N C N C N N C P P P C N C C C p Retail Business 1\129C N C N N C P P P P S2d S24 C C P Wholesale Business N C N C NN CC P P P N S'" C 0 N Theaters /Commercial Recreation NC N C N N C P P C C N P C C P New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2012 -04 Attachment A no 1 LAIN USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permi ted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL LAND USES C RR RR/ RS 1251 RS2 RU CC CG IL, III ED R TSH LC CMU Airports and Related Uses 133° C N C N N 0 P P P P N C N N C Automotive Repair N C N C N N C P P P P N N N N p Gas Manufacturer /Storage NN N C NN N N N C' C' N N N N N Manufacturing/Fabricating / Assembly NC N 0 N N C C P P P N C C N C Mini - Storage Facility NC N C N N CC P P P N N N C C Storage Yard N C N 0 NN CC P P P N N N N C Warehouses NC N C N N C N P P P N C N N N PUBLIC/ INSTITUTIONAL LAND USES C RR R121 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Charitable Institutions 0 0 0" C C C P P P P P P C P C P Churches* C P10 P1° PI0 P'0 Pm Pm PI° P1° C C P PI0 P P p Clinics 0 0 N 0 CC C P P P C C C C P P Colleges* 0 0 0" 0 0 C C P P C C P C 0 0 P Elementary Schools* 0 0 0" 0 0 0 C P P 0 0 P C C C P Governmental Buildings C C 0" C C C 0 P P P C P C C P p High Schools* 0 0 C" 0 0 0 C P P C C P C C C P Hospitals* C C N C C C C P P P C C C C C P Libraries* C C C" C 0 0 C° P P P C P C P C P Museums 0 0 029 0 0 0 0 P P P C P C P C P Parks and Recreation P 0 C" C C C C P P P P P P P C P Assisted Living C C CC C 0 0 0 0 0 0 0 0 0 0 0 MISCELLANEOUS LAND USES C RR RRI RS RSI RS2 RU CC CG IL 111 ED R TSH LC CMU Animal boarding° C C N C C N N 0 0 0 0 N C N C C Bed and BiEakfasts 0 0 00 0 0 0 C C C C N [C]P C C P Cabin Rentals C C N C N N N P P P 0 N P P C P Cemeteries CC NC N N N N C C C N C C N N Crematories /Funeral Homes N 0 N C N N C 0 0 0 0 N 0 0 C C Day Care Centers" 0 0 0" 0 C C C P P P C C C C P P Dormitories /Boarding Houses 0 0 N 0 CC p P" S C p P" C C C P Essential Services P P p p p p PP p p p P P P P P Farming/General Agriculture * ** P P N N N N N N N WI) N P N N N Greenhouses /Tice Nurseriesi3 C C N 0 0 0 0 P P P C N C C C P L New Text Underlined. DELETED TEXT BRACKETED? Resolution No. 2012 -04 Attachment A KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS LAND USES C RR RRt RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Gunsmithing, Printing, Taxidermy N C N C C C C 1' P P P N C p p p Assemblies" (Large: Circuses, Fairs, Etc.) C C N C C C C P'5 Pis P13 P's P15 C P N P15 Fraternal Organizations/ Private Clubs /Social Halls and Union Halls N C N C C C C P P P C N C P C P Nursing, Convalescent or Rest Homes N C N C C C C P P C C C C C C 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 N C C C C C C C C C C C C C Personal Services25 C C N C C C C P P P P C C P P/ C" p Communications Towers & Antenna(s), Radio /TV Transmitters /Cell Sites ** 29 P C N 0 0 0 0 P P P P P C C C C Recreational Vehicle Parks C C N 0 N N C C C C C N C C N C Subsurface Extraction of Natural Resourcesi6 C C C C C C C C C C C N C N N N Surface Extraction of Natural Resources" C C N C N N C N C C C N C N N N See 42 USCA Sec. 2000ee (Religious Land Use and Institutionalized Persons Act of 2000) ** See 42 Telecommunications 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; e. 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; f The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; F. 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. New Text Underlined: [DELETED TEXT BRACKETED] Resolution No. 2012 -04 Attachment A 5. See "Mobile Homes" section. 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. 1 1. 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. t 5. 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 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. 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27. Limited Commercial Zone Personal Services Permitted(P) Conditional Use(C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Self- Service Laundries X Fitness Centers X Massage Therapist X Photographic Studios X Tailors X Tanning Salons X Tattoo Parlors X New Text Underlined; (DELETED TEXT BRACKETED] Resolution No. 2012 -04 Attachment A • Personal services not set forth in the above matrix are conditional uses. 28. Communications tower /antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met. 29. Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from (a) driveway access on the Kenai Spur Highway, or (b) driveway access from a dedicated right -of -way and that driveway access is not more than 275 feet as measured from the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as -built drawing/survey of the parcel. New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2012 -04 Attachment A