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HomeMy WebLinkAboutOrdinance No. 2648-2012Sponsored by: Planning & Zoning Commission CITY OF KENAI NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 14.20.230, "HOME OCCUPATIONS," TO CLARIFY THAT APPEALS REGARDING HOME OCCUPATION PERMITS SHALL BE MADE IN ACCORDANCE WITH KMC 14.20.290, "APPEALS - BOARD OF ADJUSTMENT," AND TO MAKE OTHER TECHNICAL CHANGES TO PROVIDE UNIFORMITY WITHIN THE KENAI ZONING CODE, KMC CHAPTER 14.20. WHEREAS, Kenai Municipal Code (KMC)14.20.230, "Home Occupations," provides an appeal process of an administrative official's decision to the Planning and Zoning Commission (Commission); and, WHEREAS, the Commission makes the final determination about whether to grant or deny a home occupation permit and the typical process for appealing a decision of the Commission is set out in KMC 14.20.290; and, WHEREAS, KMC 14.20.230 should be amended to correctly identify the procedure for appealing a decision of the Commission with respect to home occupations; and, WHEREAS, it is also desirable to update the format of section 14.20.230 to create uniformity in KMC 14.20 in the way citizens may appeal decisions of administrative officials and to make other technical corrections; and, 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 section 14.20.230 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.230, Home Occupations, is hereby amended as follows: 14.20.230 Home occupations. (a) Intent. It is the intent of this chapter to permit home occupations [WHICH] that are compatible with other permitted uses and with the residential character of a neighborhood, and [WHICH] that are clearly secondary or incidental to the residential use of the main building. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances would not be aware of its existence other than for a sign as permitted in this chapter. Home occupations are permitted accessory uses only so long as all the development requirements listed in this section are observed. New Text Underhned; [DELETED TEXT BRACKETED] Ordinance No. 2648 -2012 Page 2 of 4 (b) Uses Permitted. Subject to the development requirements of this section, home occupations include, but are not limited to, the following uses: (1) Art studio[.]; (2) Day care of no more than eight (8) children under the age twelve (12), including children related to the caregiver[.]; (3) Dressmaking[.]; (4) [MILLINERY.] Sewing and tailoring; (5) [BEAUTY PARLOR.]Barbers and beauticians: and, (6) Tutoring and musical instruction. (c) Uses Prohibited. The following uses are prohibited as home occupations: (1) Commercial auto, small machine, and boat repair[.]; (2) Commercial kennels or similar uses[.]; (3) Convalescent homes for the care of more than two (2) patients[.]; (4) Mortuaries[.]; (5) Private schools with organized classes[.]; (6) Real estate office[.]; and, (7) Restaurants. (d) Development Requirements. (1) Not more than one (1) person outside the family shall be employed in the home occupation. (2) No more than thirty percent (30 %) of the gross floor area of all buildings on the lot shall be used for the home occupation. (3) The home occupation shall be carried on wholly within the principal building, or other buildings which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. (e) Permit Application. (1) An application for a home occupation permit shall be filed in writing with the City Planning and Zoning Department and signed by the person requesting to operate the home occupation. (D If the [PLANNING AND ZONING DEPARTMENT] administrative official finds the application meets the criteria of KMC 14.20.230 and recommends that the Commission should grant the permit, the official shall place consideration of the application [IT SHALL BE PLACED] on the consent agenda of the Planning and Zoning Commission. Otherwise the administrative official shall place consideration of the application as a regular new business item on the Commission's agenda. Applications listed on the consent agenda are considered routine and will be approved by one motion. There will be no separate discussion of the application unless a member of the Commission so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the general orders. (3) A finding by the Planning and Zoning [ADMINISTRATION] Commission that an application does not meet the criteria of KMC 14.20.230 [AND THE DENIAL OF PLACEMENT ON THE CONSENT AGENDA] may be appealed in accordance with KMC 14.20.290. (TO THE PLANNING AND ZONING COMMISSION BY FILING A WRITTEN APPEAL WITH THE KENAI CITY CLERK WITHIN THIRTY (30) DAYS OF THE DATE OF DENIAL.] New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2648 -2012 Page 3 of 4 (4) Notice of the consideration by the Commission of a home occupation permit application shall be published once at least two (2) days prior to the meeting in a paper of general circulation in the City of Kenai. (f) Permits Nontransferable. A home occupation permit granted under this section [SHALL] is not [BE] transferable to another person or location. (g) Exemption. No home occupation permit shall be required for: (1) Activities or business which are carried on solely by use of phones, computers and mail or delivery services; or (2) A state - approved relative home day care provider that provides care to no more than five (5) children (including the care giver's own children) under the age of twelve (12) of which no more than two (2) may be under thirty (30) months of age and who are the care giver's grandchildren, great - grandchildren, sibling (only if living in a separate residence), niece or nephew (not a great niece or nephew), and which involve no outside sign, little or no increase in traffic, and with only occasional visits by members of the public to the home. (h) Fire Code Inspections. (1) Day care facilities shall be inspected by the Fire Marshal for compliance with the fire code (KMC 8.05) prior to approval of the permit. Thereafter, they shall be inspected every other year by the Fire Marshal. Failure to comply with the fire code (KMC 8.05) shall be grounds for the suspension or revocation of the facilities' home occupation permit. (2) Residences which are the subject of a home occupation permit application (other than day care facilities) may be required to be inspected by the Fire Marshal for compliance with the fire code (KMC 8.05) prior to approval of the permit, if the Fire Marshal determines it is necessary for public safety. 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 ordina ^.ce even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. New Text Underlined; [DELF,TED TEXT BRACKETED] Ordinance No. 2648 -2012 Page 4 of 4 a Sa - . Mo ighh,, (Aty Clerk Introduced: August 15, 2012 Adopted: September 5, 2012 Effective: October 5, 2012 New Text Underlined; [DELETED TEXT BRACKETED] h51 �l►9 [13� TO: Rick Koch, City Manager FIiOIVI: Marilyn Kebschull, Planning Administration E �- b. BATE: August 3, 2012 SUBJECT: ORDINANCE NO. 2648 -2012 -AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 14.20.230, "HOME OCCUPATIONS, " TO CLARIFY THAT APPEALS REGARDING HOME OCCUPATION PERMITS SHALL BE MADE IN ACCORDANCE WITH KMC 14.20.290, "APPEALS— BOARD OF ADJUSTMENT; " AND TO MAKE OTHER TECHNICAL CHANGES TO PROVIDE UNIFORMITY WITHIN THE KENAI ZONING CODE, KMC CHAPTER 14.20. Ordinance No. 2648 -2012 proposes an amendment to KMC 14.20.230, "Home Occupations." The proposed amendment could clarify the procedure for processing applications for Home Occupation Permits. And, the amendment would clarify that appeals to decisions of the Commission would be made in accordance with KMC 14.20.290, "Appeals." As currently codified under KMC 14.20.320, appeals are made to the Planning & Zoning Commission and not to the Board of Adjustment. Other minor technical corrections are included in the amendment. CITY OF KENAI A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND SECTION 14.20.230, "HOME OCCUPATIONS," TO CLARIFY THAT APPEALS REGARDING HOME OCCUPATION PERMITS SHALL BE MADE IN ACCORDANCE WITH KMC 14.20.290, "APPEALS - BOARD OF ADJUSTMENT," AND TO MAKE OTHER TECHNICAL CHANGES TO PROVIDE UNIFORMITY WITHIN THE KENAI ZONING CODE, KMC CHAPTER 14.20. WHEREAS, Kenai Municipal Code (KMC) 14.20.230, "Home Occupations," provides an appeal process of an administrative official's decision to the Planning and Zoning Commission (Commission); and, WHEREAS, the Commission makes the final determination about whether to grant or deny a home occupation permit and the typical process for appealing a decision of the Commission is set out in KMC 14.20.290; and, WHEREAS, KMC 14.20.230 should be amended to correctly identify the procedure for appealing a decision of the Commission with respect to home occupations; and, WHEREAS, it is also desirable to update the format of section 14.20.230 to create uniformity in KMC 14.20 in the way citizens may appeal decisions of administrative officials and to make other technical corrections; 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: 14.20.230 home occupations. (a) Intent. It is the intent of this chapter to permit home occupations [WHICH] that are compatible with other permitted uses and with the residential character of a neighborhood, and [WHICH] that are clearly secondary or incidental to the residential use of the main building. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances would not be aware of its existence other than for a sign as permitted in this chapter. Home occupations are permitted accessory uses only so long as all the development requirements listed in this section are observed. (b) Uses Permitted. Subject to the development requirements of this section, home occupations include, but are not limited to, the following uses: (1) Art studio[.]; New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ2012 -23 Page 2 of 3 (2) Day care of no more than eight (8) children under the age twelve (12), including children related to the caregiver[.]; (3) Dressmaking[.]; (4) [MILLINERY.]Sewing and tailoring• (5) [BEAUTY PARLOR.]Barbers and beauticians: and (6) Tutoring and musical instruction. (c) Uses Prohibited. The following uses are prohibited as home occupations: (1) Commercial auto, small machine, and boat repair[.]; (2) Commercial kennels or similar uses[.]; (3) Convalescent homes for the care of more than two (2) patients[.]; (4) Mortuaries[.]; (5) Private schools with organized classes[.]; (6) Real estate office[.]: and, (7) Restaurants. (d) Development Requirements. (1) Not more than one (1) person outside the family shall be employed in the home occupation. (2) No more than thirty percent (30 %) of the gross floor area of all buildings on the lot shall be used for the home occupation. (3) The home occupation shall be carried on wholly within the principal building, or other buildings which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. (e) Permit Application. (1) An application for a home occupation permit shall be filed in writing with the City Planning and Zoning Department and signed by the person requesting to operate the home occupation. (2) If the [PLANNING AND ZONING DEPARTMENT] administrative official finds the application meets the criteria of KMC 14.20.230 and recommends that the Commission should grant the permit the official shall place consideration of the application [IT SHALL BE PLACED] on the consent agenda of the Planning and Zoning Commission. Otherwise, the administrative official shall place consideration of the application as a regular new business item on the Commission's agenda Applications listed on the consent agenda are considered routine and will be approved by one motion. There will be no separate discussion of the application unless a member of the Commission so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the general orders. (3) A finding by the Planning and Zoning [ADMINISTRATION] Commission that an application does not meet the criteria of KMC 14.20.230 [AND THE DENIAL OF PLACEMENT ON THE CONSENT AGENDA] may be appealed in accordance with KMC 14.20 290 [TO THE PLANNING AND ZONING COMMISSION BY FILING A WRITTEN APPEAL WITH THE KENAI CITY CLERK WITHIN THIRTY (30) DAYS OF THE DATE OF DENIAL.] (4) Notice of the consideration by the Commission of a home occupation permit application shall be published once at least two (2) days prior to the meeting in a paper of general circulation in the City of Kenai. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ2012 -23 Page 3 of 3 (I) Permits Nontransferable. A home occupation permit granted under this section [SHALL] is not [BE] transferable to another person or location. (g) Exemption. No home occupation permit shall be required for: (1) Activities or business which are carried on solely by use of phones, computers and mail or delivery services; or (2) A state - approved relative home day care provider that provides care to no more than five (5) children (including the care giver's own children) under the age of twelve (12) of which no more than two (2) may be under thirty (30) months of age and who are the care giver's grandchildren, great - grandchildren, sibling (only if living in a separate residence), niece or nephew (not a great niece or nephew), and which involve no outside sign, little or no increase in traffic, and with only occasional visits by members of the public to the home. (h) Fire Code Inspections. (1) Day care facilities shall be inspected by the Fire Marshal for compliance with the fire code (KMC 8.05) prior to approval of the permit. Thereafter, they shall be inspected every other year by the Fire Marshal. Failure to comply with the fire code (KMC 8.05) shall be grounds for the suspension or revocation of the facilities' home occupation permit. (2) Residences which are the subject of a home occupation permit application (other than day care facilities) may be required to be inspected by the Fire Marshal for compliance with the fire code (KMC 8.05) prior to approval of the permit, if the Fire Marshal determines it is necessary for public safety. Dat d at enai, Alaska this 8th day of August, 2012 h CHAI ATTEST: New Text Underlined; [DELETED TEXT BRACKETED]