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HomeMy WebLinkAboutOrdinance No. 2652-2012Sponsored by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 2652 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 14.20.320, "DEFINITIONS," TO PROVIDE DEFINITIONS FOR USES LISTED IN KMC 14.22.010, "LAND USE TABLE" AND TO REPLACE THE DEFINITION OF BOARDING HOUSE TO BETTER DEFINE BOARDING HOUSE IN KMC 14.22.010, "LAND USE TABLE." WHEREAS, definitions for the Kenai Zoning Code are listed in KMC 14.20.320; and, WHEREAS, the definitions listed in KMC 14.20.320 are used to define uses listed in the Land Use Table, KMC 14.22.010; and, WHEREAS, KMC 14.20.320 does not provide definitions for all uses listed in the Land Use Table, KMC 14.22.010; and, WHEREAS, it is in the City's best interest to define all uses listed in the Land Use Table, KMC 14.22.010 and to replace the definition of "Boarding House;" and, WHEREAS, to provide consistency throughout KMC 14.20.320 and to modernize terms used throughout the Kenai Zoning Code, it is useful to amend existing definitions. 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 14.20.320 of the Kenai Municipal Code: The Ken-'i Municipal Code, Section 14.20.320, Definitions, is hereby amended as follows: 14.20.320 Definitions. (a) General Interpretation. (1) Words used in the present tense include the future tense. (2) The singular number includes the plural. (3) The word "person" includes a corporation as well as an individual. (4) The word "lot" includes the word "plot" or "parcel." (5) The term "shall" is always mandatory. New Text Underlined. [DELETED TEXT BRACKETED] Ordinance No. 2652 -2012 Page 2 of 12 (6) The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged" or "designed to be used or occupied." (b) Specific Definitions. "Accessory building" means a detached building or structure, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall or when any accessory building and the main building are connected by 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 lot or parcel of land. "Administrative official" means the person charged with the administration and enforcement of this chapter. "Agricultural building" means a building or structure used to shelter farm implements, hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation and which is not used by the public. "Agriculture" means the science, art, and business of cultivating soil, producing crops, and raising livestock; fanning. "Airport" means a location where aircraft such as fixed -wing aircraft helicopters, and blimps take off and land. Aircraft may be stored or maintained at an airport. An airport consists of at least one (1) surface such as a runway for a plane to take off and land, a helipad, or water for takeoffs and landings, and often includes buildings such as control towers, hangars and terminal buildings. "Alley" means a public 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 construction, location, or use classification. "Animal boarding" means any building or structure and associated premises in which animals are fed, housed, and /or exercised for commercial gain. "Apartment house," see "Dwelling, multiple." "Area building" means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of steps. "Assemblages" means a large gathering of people for an event such as a concert, fair, or circus. "Assisted living" means a living arrangement in which people with special needs, especially seniors with disabilities, reside in a facility that provides help with everyday tasks such as bathing, dressing, and taking medication. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2652 -2012 Page 3 of 12 "Automobile Sales" means the use of any building or structure and associated premises for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use. "Automobile Service Station" means the use of any building or structure and associated premises or other space used primarily for the retail sale and dispensing of motor fuels tires, batteries, and other small accessories; the installation and servicing of such lubricants, tires, batteries, and other small accessories; and such other services which do not customarily or usually require the services of a qualified automotive mechanic. "Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. "Automotive Repair" means the use of any building or structure and associated premises on which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered. "Bank" means any establishment or building or structure used for a financial institution that provides financial services for its clients or members. The term "bank" includes savings and loan. "Bed and Breakfast" means a residential, owner - occupied dwelling in which rooms 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 PROVIDED FOR COMPENSATION FOR THREE (3) OR MORE PERSONS, ON OTHER THAN DAY -TO -DAY BASIS AND WHICH IS NOT OPEN TO TRANSIENT GUESTS.] "Boarding House" means a dwelling where the principal use is a dwelling by the owner or keeper and where the owner or keeper provides lodging for three (3) or more persons who are not members of the owner's or keeper's family and the lodgers pay compensation to use one or more rooms. The common parts of the building or structure are maintained by the owner or keeper who may also provide lodgers with some services, such as meals, laundry, and cleaning. Boarding houses are not motels or hotels and are not open to transient guests. "Building" means any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind. "Building Code" means the building code and /or other building regulations applicable 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 legal building pe,iuit has been issued. "Building height" means the vertical distance from the "grade," as defined herein, to the highest point of the roof. New Text Underlined. [DELETED TEXT BRACKETED] Ordinance No. 2652 -2012 Page 4 of 12 "Building, principal or main" means a building or structure in which is conducted the principal or main use [OF] on the lot [ON] which said building is situated. "Business /Consumer Services" means the provision of services to others on a fee or contract basis, such as advertising and mailing] building maintenance• employment service; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services. "Cabin rentals" means the renting out of one (1) or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. "Cemetery" means any property used to inter the dead in buried graves or in columbarium, stacked vaults, or similar structures. "Centerline" means the line which is in the center of a public right -of -way. "Church" means a building or structure in which persons regularly assemble for worship, ceremonies, rituals, and education pertaining to a particular system of beliefs. The term "church" includes a synagogue or temple. "City" means the City of Kenai, Alaska. "Clinic" (or outpatient clinic or ambulatory care clinic) means a health care facility that is primarily devoted to the care of outpatients. Clinics can be privately operated or publicly managed and funded, and typically cover the primary health care needs of populations in local communities, in contrast to larger hospitals which offer specialized treatments and admit inpatients for overnight stays. "College" means an educational institution providing postsecondary (after high school) education. "Collector street" means a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City. Unless otherwise designated by the Commission, collector street shall be defined on the plan for streets and community facilities in the comprehensive development plan. "Commercial Recreation" means a recreation facility operated as a business and open to the public for a fee. "Commercial Kennel" has the same meaning given in KMC 3.05.010. "Commission" means the Kenai Planning and Zoning Commission. "Communication Antenna(s) has the same meaning given in KMC 14.20.255. "Communication Tower" has the same meaning given in KMC 14.20.255. "Conditional use" means a use which is permitted under the terms 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 dwelling in which: New Text Underlined. DELETED TEXT BRACKETED Ordinance No. 2652 -2012 Page 5 of 12 (1) Portions of the real estate are designated for separate ownership; (2) The remainder of the real estate is designated for common ownership solely by the owners 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 (2) or more family dwellings. For example, a four (4) unit condominium building would be treated as a four (4) family dwelling. "Coverage" means that percentage of the total lot area covered by the building area. "Crematory /Funeral Home" means building or structure used for preparation of the deceased for display and /or interment and may also be used for ceremonies connected with interment. Preparation may include cremation, which is the process of reducing dead bodies to basic chemical compounds in the fowl of gases and bone fragments. This is accomplished through burning —high temperatures, vaporization, and oxidation. "Day Care Center" means an establishment where child care is regularly provided for children for periods of less than 24 hours, including the building housing the facility and adjoining areas, and where tuition, fees, or other compensation for the care of the children is charged "Dormitory" means a building, whether public or private, associated with a school, college or university and designed, used, and arranged for private sleeping, studying, and living accommodation for students. "Dwelling" means a building or any portion thereof designed or used exclusively for residential occupancy including one (1) family, two (2) family and multiple - family dwellings, but not including any other building wherein human beings may be housed. "Dwelling unit" 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 containing 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 "Elementary School" means any school usually consisting of grades pre- kindergarten through grade six or any combination of grades within this range. "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 systems, collection, communication, supply, or disposal systems, including poles, New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2652 -2012 Page 6 of 12 wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith. This definition shall not be interpreted to include public buildings. "Family" means any number of individuals living together as a single housekeeping unit in a dwelling unit. "Fanning" means a tract of land cultivated for the purpose of commercial agricultural production. "Fence, 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. "Fraternal Organization" means a group of people formally organized for a common object, purpose, or interest (usually cultural, religious or entertainment) that conducts regular meetings and has written membership requirements. "Frontage" means all the property fronting on one side of a street between intersection streets. "Gas Manufacturer /Storage" means the surface use of lands used in the production, the mechanical transformation, or the chemical transformation of hydrocarbon gas and includes uses for gas conditioning /compressor stations. "Storage" means surface uses necessary for storage of produced or non - native natural gas. "Garage, private" means an accessory building or any portion of a main building used in connection with residential purposes for the storage of passenger motor vehicles. "Garage, public" means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other vehicles. "Governmental Buildings" means a building or structure owned and operated by any department, commission, or agency of the United States or of a state or municipality and used to conduct official business of government. "Grade (ground level)" means the average level of the finished ground at the center of all walls to a building. In case walls are parallel to and within five (5) feet of a public sidewalk, the ground level shall be measured at the sidewalk. "Greenhouse" means a building or structure, usually a glassed or clear plastic enclosure used for the cultivation and protection of plants. "Guest room" means any room in a hotel, dormitory, boarding, or lodging house used and maintained to provide sleeping accommodations for one (1( or more persons. "Guide service" means any activity on any premises used for collecting or returning persons from recreational trips when remuneration is provided for the service. New Text Underlined. [DELETED TEXT BRACKETED] Ordinance No. 2652 -2012 Page 7 of 12 "Gunsmith" means a person who repairs, modifies, designs, or builds firearms. "High School" means a secondary school usually consisting of grades nine through 12 or any appropriate combination of grades within this range. "Home occupation" means an accessory use [OF A SERVICE CHARACTER CUSTOMARILY CONDUCTED WITH A] carried out for remuneration by a resident in the resident's dwelling unit. [DWELLING, BY THE RESIDENTS, WHICH DOES NOT INVOLVE THE CONDUCT OF TRADE ON THE PREMISES.] "Hospital" means an institution that provides medical, surgical, or psychiatric care and treatment for the sick or the injured. "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. "Junkyard" means any space one hundred (100) square feet or more of any lot or parcel of land used for the storage, keeping, or abandonment of junk or waste material, including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or any parts thereof. "Library" means a collection of sources, resources, and services, and the structure in which it is housed; it is organized for use and maintained by a public body, an institution, or a private individual. "Loading space" means an off - street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. "Lodge" means a building or group of 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. "Lot" means a parcel of land occupied or to be occupied by a principal use and having frontage on a public street. "Lot, corner" means a lot situated at the junction of, and bordering on, two (2) intersecting streets, two (2) platted rights -of -way, two (2) government easements, or any combination thereof. "Lot coverage" 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, front - corner lot" means the shortest street line of a corner lot. "Lot line, front - interior lot" means a line separating the lot from the street. "Lot line, rear" means a line that is opposite and most distant from the front lot line, and in the case of irregular, triangular, or gore shaped lot, a line not less than New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2652 -2012 Page 8 of 12 ten feet (10') in length, within a lot, parallel to and at the maximum distance from the front lot line. "Lot line, side" means any lot boundary line not a front lot line or a rear lot line. "Lot width" means the mean horizontal distance separating the side lot lines of a lot and at right angles to its depth. "Manufacturing /Fabricating /Assembly" means the mechanical or chemical transformation of materials or substances into new products including assembling of components parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. "Manufactured housing" means a dwelling unit that meets Department of Housing and Urban Development Standards for manufactured housing and is wider than sixteen feet (16'), has a roof pitch of 4:12 or greater with roofing and siding common to standard residential construction and is transported to the site and placed on a permanent foundation. "Mini- storage facility" means a completely enclosed structure containing three (3) or more areas or rooms available for lease or rent for the purpose of the general storage of household goods, vehicles or personal property; where the lessee of the unit is provided direct access to deposit or store items and where vehicles do not fill the majority of the allowed storage space. "Mobile home" means a structure, which is built on a permanent chassis in accordance with Department of Housing and Urban Development Standards and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home is subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. "Mobile home park" means a site with required improvements and utilities for 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 confoi,u to Title 4 of the Kenai Municipal Code, is transported to the site and then assembled and placed on a permanent foundation. "Motel" means a group of one (1) or more detached or semi - detached buildings containing two (2) or more individual dwelling units and /or guest rooms designed for, or used temporarily 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. "Museum" means a building or structure that houses and cares for a collection of artifacts and other objects of scientific, artistic, or historical importance and makes them available for public viewing through exhibits that may be permanent or temporary. New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2652 -2012 Page 9 of 12 "Non- conforming lot" means a lot lawfully existing at the time this chapter became effective, which by reason of area or dimensions, does not meet the development requirements for the zone in which it is located. "Non- conforming structure" means a structure or portion thereof, lawfully existing at the time this chapter became effective, which by reason of its yards, coverage, height, or other aspects of design, does not meet the development requirements of this zone. "Non- conforming use" means a use of a structure of land, or of a structure and land in combination, lawfully existing at the time this chapter became effective, or established on the premises of a previous non - conforming use as specified in this chapter, which is not in conformity with the uses permitted in the zone in which it exists. [ "NURSERY, CHILDREN'S" MEANS ANY HOME OR INSTITUTION USED OR MAINTAINED TO PROVIDE DAY CARE FOR CHILDREN NOT MORE THAN SEVEN (7) YEARS OF AGE.] "Nursing, Convalescent or Rest Home" means a building or structure used as a residence for people who require constant nursing care and /or have significant deficiencies with activities of daily living. "Office" means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government. "Parking space, private" means any automobile parking space, excluding garages, not less than nine feet (9') wide and one hundred eighty (180) square feet in total area. "Parking space, public" means an area of not less than one hundred eighty (180) square feet exclusive of drives or aisles giving access thereto in area accessible from streets and alleys for the storage of passenger motor vehicles operated by individual drivers. "Parking, Public Lots" means a parking area available to the public, whether or not a fee for use is charged. "Parks" means a tract of land, designated by a public entity for the enjoyment of the public and generally used for active and passive recreational activities. "Person" means a natural person, his or her 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. "Personal Services" means establishments engaged in providing services involving the care of a person or his or her apparel. "Planned Unit Residential Development" means an alternative method of development of a residential neighborhood under more flexible conditions than otherwise required in a specific zoning district. "Principal use" means the major or predominant use of a lot or parcel of land. New Text Underlined' [DELETED TEXT BRACKETED] Ordinance No. 2652 -2012 Page 10 of 12 "Profession" means an occupation or calling requiring the practice of a learned art through specialized knowledge based on a degree issued by an institution of high learning, e.g., Doctor of Medicine. "Property owner" means the owner shown on the latest tax assessment roll. "Recreation" means leisure activities sometimes requiring equipment and taking place at prescribed places, sites, parks, or fields. It can include active recreation such as structured individual or team activities requiring the use of special facilities, courses, fields or equipment or passive recreation, such as activities that do not require prepared facilities such as wildlife and bird viewing observing and photographing nature, picnicking, and walking. "Recreational vehicle" means a vehicular -type unit, primarily designed as temporary living quarters for recreational camping, or travel use, which either has its own motor power or is mounted on or drawn by another vehicle. Recreational vehicles include, but are not limited to travel trailers, camping trailers, truck campers, and motor homes. "Recreational vehicle park" means an area established by a conditional use permit for the parking of two (2) or more recreational vehicles on a temporary basis. "Restaurant" means an establishment where food and drink is prepared, served, and consumed primarily within the principal building. "Retail Business" means establishments engaged in selling goods or merchandise to the general public for business or personal/ household consumption and rendering services incidental to the sale of such goods. "Secondary use (S)" means a use allowed on a lot or parcel of land only if there is also an allowed principal use on the property. [ "SERVICE STATION" MEANS ANY BUILDING, STRUCTURE, PREMISES OR OTHER SPACE USED PRIMARILY FOR THE RETAIL SALE AND DISPENSING OF MOTOR FUELS, TIRES, BATTERIES, AND OTHER SMALL ACCESSORIES; THE INSTALLATION AND SERVICING OF SUCH LUBRICANTS, TIRES, BATTERIES, AND OTHER SMALL ACCESSORIES; AND SUCH OTHER SERVICES WHICH DO NOT CUSTOMARILY OR USUALLY REQUIRE THE SERVICES OF A QUALIFIED AUTOMOTIVE MECHANIC.] "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trademarks by which anything is made known, such as are used to designate an individual, firm, association, corporation, profession, business, or a commodity or product, which are visible from any public street or highway and used to attract attention, "State highway" means a right -of -way classified by the State of Alaska as a primary or secondary highway. "Storage yard" means a lot used primarily for the storage of operational vehicles, construction equipment, construction materials or other tangible materials and equipment. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2652 -2012 Page 11 of 12 "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 abutting thereon. "Structure" means that which is built or constructed, an edifice or a building of any kind, composed of parts joined together in some definite manner. "Subsurface Extraction of Natural Resources" means removing valuable minerals or other geological materials from the earth, from an ore body, vein or (coal) seam. Materials recovered could include gas, oil, base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock salt and potash. "Surface Extraction of Natural Resources" means removal of material, usually soil, gravel, or sand for use at another location. "Taxidermy" means the act of mounting or reproducing dead animals, fish, and /or birds for display. "Theater" means a building or structure, or part thereof, devoted to the indoor exhibition of motion pictures and /or of live dramatic, speaking, musical, or other presentations. "Townhouse" means single - family dwelling units constructed in a series or group of two (2) or more units separated from an adjoining unit by an approved party wall or walls, extending from the basement of either floor to the roof along the linking lot line. "Tree Nursery" means a place where trees /plants are propagated and grown to usable size. "Use" means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained "Variance" means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property. "Warehouse" means a building or structure used for the storage of goods, wares and merchandise that will be processed, sold or otherwise disposed of off of the premises. "Wholesale business" means business conducted primarily for the purpose of selling wares or merchandise in wholesale lots to retail merchants for resale. "Yard" means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this chapter, on the same lot on which a building is situated. "Yard, front" means a yard extending across the full width of the lot between the front lot line of the lot and the nearest exterior wall of the building which is the nearest to the front lot line. "Yard, rear" means a yard extending across the full width of the lot between the most rear main building and the rear lot line. New Text Underlined; [DELETED TEXT BRACKETED Ordinance No. 2652 -2012 Page 12 of 12 "Yard, side" means a yard on each side of a main building and extending from the front lot line to the rear lot line. The width of the required side yard shall be measured horizontally from 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 and Kenai Municipal Code Chapter 14. 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. Section 4. Effective Date: Pursuant to KMC 1.15.070(fl, this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of September, 2012. ATTEST: a NIodigh;kity Clerk PAT PORTER, MAYOR Introduced: September 19, 2012 Adopted: October 3, 2012 Effective: November 3, 2012 New Text Underlined; [DELETED TEXT BRACKETED] -- CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12 -20 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE SECTION 14.20.320, "DEFINITIONS," TO ADD DEFINITIONS FOR USES LISTED IN KMC 14.22.010, "LAND USE TABLE," AND TO AMEND OTHER EXISTING DEFINITIONS. WHEREAS, definitions for the Kenai Zoning Code are listed in KMC 14.20.320; and, WHEREAS, the definitions listed in KMC 14.20.320 are used to define uses listed in the Land Use Table, KMC 14.22.010; and, WHEREAS, KMC 14.20.320 does not provide definitions for all uses listed in the Land Use Table, KMC 14.22.010; and, WHEREAS, it is in the City's best interest to define all uses listed in the Land Use Table, KMC 14.22.010 and to replace the definition of "Boarding House;" and, WHEREAS, to provide consistency throughout KMC 14.20.320 and to modernize teiuis used throughout the Kenai Zoning Code, it is useful to amend existing definitions. 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 Section 14.20.320 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.320, Definitions, is hereby amended as follows: 14.20.320 Definitions. (a) General Interpretation. (1) Words used in the present tense include the future tense. (2) The singular number includes the plural. (3) The word "person" includes a. corporation as well as an individual. (4) The word "lot" includes the word "plot" or "parcel." (5) The term "shall" is always mandatory. New Text Underlined- [DELETED TEXT BRACKETED] Resolution PZ12 -20 Page 2 of 12 (6) The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged" or "designed to be used or occupied." (b) Specific Definitions. "Accessory building" means a detached building or structure, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall or when any accessory building and the main building are connected by 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 lot or parcel of land. "Administrative official" means the person charged with the administration and enforcement of this chapter. "Agricultural building" means a building or structure used to shelter farm implements, hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation and which is not used by the public. "Agriculture" means the science, art, and business of cultivating soil, producing crops, and raising livestock; farming "Airport" means a location where aircraft such as fixed -wing aircraft, helicopters, and blimps take off and land. Aircraft may be stored or maintained at an airport. An airport consists of at least one J1) surface such as a runway for a plane to take off and land, a helipad, or water for takeoffs and landings, and often includes buildings such as control towers, hangars and terminal buildings. "Alley" means a public 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 cons location, or use classification. "Animal boarding" means any building or structure and associated premises in which animals are fed housed and or exercised for commercial •ain. "Apartment house," see "Dwelling, multiple." "Area building" means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of steps. c on, "Assemblages" means a large gathering of people for an event such as a concert, fair, or circus. "Assisted living" means a living arrangement in which people with special needs, especially seniors with disabilities, reside in a facility that provides help with everyday tasks such as bathing, dressing, and taking medication. New Text Underlined. [DELETED TEXT BRACKETED Resolution PZ12 -20 Page 3 of 12 "Automobile Sales" means the use of any building or structure and associated premises for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use. "Automobile Service Station" means the use of any building or structure and associated premises or other space used primarily for the retail sale and dispensing of motor fuels, tires, batteries, and other small accessories; the installation and servicing of such lubricants, tires, batteries, and other small accessories; and such other services which do not customarily or usually require the services of a qualified automotive mechanic. "Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. "Automotive Repair" means the use of any building or structure and associated premises on which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered. "Bank" means any establishment or building or structure used for a financial institution that provides financial services for its clients or members. The term "bank" includes savings and loan. "Bed and Breakfast" means a residential, owner- occupied dwelling in which rooms 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 PROVIDED FOR COMPENSATION FOR THREE (3) OR MORE PERSONS, ON OTHER THAN DAY -TO -DAY BASIS AND WHICH IS NOT OPEN TO TRANSIENT GUESTS.] "Boarding House" means a dwelling where the principal use is a dwelling by the owner or keeper and where the owner or keeper provides lodging for three (3) or more persons who are not members of the owner's or keeper's family and the lodgers pay compensation to use one or more rooms. The common parts of the building or structure are maintained by the owner or keeper who may also provide lodgers with some services, such as meals, laundry, and cleaning. Boarding houses are not motels or hotels and are not open to transient guests. "Building" means any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind. "Building Code" means the building code and /or other building regulations applicable 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 legal building permit has been issued. "Building height" means the vertical distance from the "grade," as defined herein, to the highest point of the roof. New Text Underlined. (DELETED TEXT BRACKETED Resolution PZ12 -20 Page 4 of 12 "Building, principal or main" means a building or structure in which is conducted the principal or main use [OF] on the lot [ON] which said building is situated. "Business /Consumer Services" means the provision of services to others on a fee or contract basis, such as advertising and mailing; building maintenance; employment service; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services. "Cabin rentals" means the renting out of one (1) or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. "Cemetery" means any property used to inter the dead in buried graves or in columbarium, stacked vaults, or similar structures. "Centerline" means the line which is in the center of a public right -of -way. "Church" means a building or structure in which persons regularly assemble for worship, ceremonies, rituals, and education pertaining to a particular system of beliefs. The term "church" includes a synagogue or temple. "City" means the City of Kenai, Alaska. "Clinic" (or outpatient clinic or ambulatory care clinic) means a health care facility that is primarily devoted to the care of outpatients Clinics can be privately operated or publicly managed and funded, and typically cover the primary health care needs of populations in local communities, in contrast to larger hospitals which offer specialized treatments and admit inpatients for overnight stays. "College" means an educational institution providing postsecondary (after high school) education. "Collector street" means a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City. Unless otherwise designated by the Commission, collector street shall be defined on the plan for streets and community facilities in the comprehensive development plan. "Commercial Recreation" means a recreation facility operated as a business and open to the public for a fee. "Commercial Kennel" has the same meaning given in KMC 3.05.010. "Commission" means the Kenai Planning and Zoning Commission. "Communication Antenna(s) has the same meaning given in KMC 14.20.255. "Communication Tower" has the same meaning given in KMC 14.20.255. "Conditional use" means a use which is permitted under the terms 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 dwelling in which: New Text Underlined- (DELETED TEXT BRACKETED] Resolution PZ12 -20 Page 5 of 12 (1) Portions of the real estate are designated for separate ownership; (2) The remainder of the real estate is designated for common ownership solely by the owners 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 (2) or more family dwellings. For example, a four (4) unit condominium building would be treated as a four (4) family dwelling. "Coverage" means that percentage of the total lot area covered by the building area. "Crematory/Funeral Home" means building or structure used for preparation of the deceased for display and /or interment and may also be used for ceremonies connected with interment. Preparation may include cremation, which is the process of reducing dead bodies to basic chemical compounds in the form of gases and bone fragments. This is accomplished through burning —high temperatures, vaporization, and oxidation. "Day Care Center" means an establishment where child care is regularly provided for children for periods of less than 24 hours, including the building housing the facility and adjoining areas, and where tuition, fees, or other compensation for the care of the children is charged "Dormitory" means a building, whether public or private, associated with a school, college or university and designed, used, and arranged for private sleeping, studying, and living accommodation for students. "Dwelling" means a building or any portion thereof designed or used exclusively for residential occupancy including one (1) family, two (2) family and multiple- family dwellings, but not including any other building wherein human beings may be housed. "Dwelling unit" 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" mea ^S any detached buiauing containing 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. "Elementary School" means any school usually consisting of grades pre- kindergarten through grade six or any combination of grades within this range. "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 systems, collection, communication, supply, or disposal systems, including poles, New Text Underlined' [DELETED TEXT BRACKETED] Resolution PZ12 -20 Page 6 of 12 wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith. This definition shall not be interpreted to include public buildings "Family" means any number of individuals living together as a single housekeeping unit in a dwelling unit. "Farming" means a tract of land cultivated for the purpose of commercial agricultural production. "Fence, 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. "Fraternal Organization" means a group of people formally organized for a common object, purpose, or interest (usually cultural, religious or entertainment) that conducts regular meetings and has written membership requirements. "Frontage" means all the property fronting on one side of a street between intersection streets. "Gas Manufacturer /Storage" means the surface use of lands used in the production, the mechanical transformation, or the chemical transformation of hydrocarbon gas and includes uses for gas conditioning /compressor stations. "Storage" means surface uses necessary for storage of produced or non - native natural gas. "Garage, private" means an accessory building or any portion of a main building used in connection with residential purposes for the storage of passenger motor vehicles. "Garage, public" means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other vehicles. "Governmental Buildings" means a building or structure owned and operated by any department, commission, or agency of the United States or of a state or municipality and used to conduct official business of government. "Grade (ground level)" means the average level of the finished ground at the center of all walls to a building. In case walls are parallel to and within five (5) feet of a public sidewalk, the ground level shall be measured at the sidewalk "Greenhouse" means a building or structure, usually a glassed or clear plastic enclosure, used for the cultivation and protection of plants. "Guest room" means any room in a hotel, dormitory, boarding, or lodging house used and maintained to provide sleeping accommodations for one (1) or more persons. "Guide service" means any activity on any premises used for collecting or returning persons from recreational trips when remuneration is provided for the service. New Text Underlined] [DELETED TEXT BRACKETED Resolution PZ12 -20 Page 7 of 12 "Gunsmith" means a person who repairs, modifies, designs, or builds firearms. "High School" means a secondary school usually consisting of grades nine through 12 or any appropriate combination of grades within this range. "Home occupation" means an accessory use [OF A SERVICE CHARACTER CUSTOMARILY CONDUCTED WITH A] carried out for remuneration by a resident in the resident's dwelling unit. [DWELLING, BY THE RESIDENTS, WHICH DOES NOT INVOLVE THE CONDUCT OF TRADE ON THE PREMISES.] "Hospital" means an institution that provides medical, surgical, or psychiatric care and treatment for the sick or the injured. "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. "Junkyard" means any space one hundred (100) square feet or more of any lot or parcel of land used for the storage, keeping, or abandonment of junk or waste material, including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or any parts thereof. "Library" means a collection of sources, resources, and services, and the structure in which it is housed; it is organized for use and maintained by a public body, an institution, or a private individual. "Loading space" means an off - street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. "Lodge" means a building or group of 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. "Lot" means a parcel of land occupied or to be occupied by a principal use and having frontage on a public street. "Lot, corner" means a lot situated at the junction of, and bordering on, two (2) intersecting streets, two (2) platted rights -of -way, two (2) government easements, or any combination thereof. "Lot coverage" 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, front -corner lot" means the shortest street line of a corner lot. "Lot line, front- interior lot" means a line separating the lot from the street. "Lot line, rear" means a line that is opposite and most distant from the front lot line, and in the case of irregular, triangular, or gore shaped lot, a line not less than New Text Underlined' [DELETED TEXT BRACKETED] Resolution PZ12 -20 Page 8 of 12 ten feet (10') in length, within a lot, parallel to and at the maximum distance from the front lot line. "Lot line, side" means any lot boundary line not a front lot line or a rear lot line. "Lot width" means the mean horizontal distance separating the side lot lines of a lot and at right angles to its depth. "Manufacturing /Fabricating /Assembly" means the mechanical or chemical transformation of materials or substances into new products including assembling of com•onents •arts the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. "Manufactured housing" means a dwelling unit that meets Department of Housing and Urban Development Standards for manufactured housing and is wider than sixteen feet (16'), has a roof pitch of 4:12 or greater with roofing and siding common to standard residential construction and is transported to the site and placed on a permanent foundation. "Mini- storage facility" means a completely enclosed structure containing three )3) or more areas or rooms available for lease or rent for the purpose of the general storage of household goods, vehicles or personal property; where the lessee of the unit is provided direct access to deposit or store items and where vehicles do not fill the majority of the allowed storage space. "Mobile home" means a structure, which is built on a permanent chassis in accordance with Department of Housing and Urban Development Standards and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home is subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. "Mobile home park" means a site with required improvements and utilities for 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 transported to the site and then assembled and placed on a permanent foundation. "Motel" means a group of one (1) or more detached or semi - detached buildings containing two (2) or more individual dwelling units and /or guest rooms designed for, or used temporarily 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. "Museum" means a building or structure that houses and cares for a collection of artifacts and other objects of scientific, artistic, or historical importance and makes them available for public viewing through exhibits that may be permanent or temporary. New Text Underlined [DELETED TEXT BRACKETED) Resolution PZ12 -20 Page 9 of 12 "Non- conforming lot" means a lot lawfully existing at the time this chapter became effective, which by reason of area or dimensions, does not meet the development requirements for the zone in which it is located. "Non- conforming structure" means a structure or portion thereof, lawfully existing at the time this chapter became effective, which by reason of its yards, coverage, height, or other aspects of design, does not meet the development requirements of this zone. "Non- conforming use" means a use of a structure of land, or of a structure and land in combination, lawfully existing at the time this chapter became effective, or established on the premises of a previous non - conforming use as specified in this chapter, which is not in conformity with the uses permitted in the zone in which it exists. [ "NURSERY, CHILDREN'S" MEANS ANY HOME OR INSTITUTION USED OR MAINTAINED TO PROVIDE DAY CARE FOR CHILDREN NOT MORE THAN SEVEN (7) YEARS OF AGE.] "Nursing, Convalescent or Rest Home" means a building or structure used as a residence for people who require constant nursing care and /or have significant deficiencies with activities of daily living. "Office" means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government. "Parking space, private" means any automobile parking space, excluding garages, not less than nine feet (9') wide and one hundred eighty (180) square feet in total area. "Parking space, public" means an area of not less than one hundred eighty (180) square feet exclusive of drives or aisles giving access thereto in area accessible from streets and alleys for the storage of passenger motor vehicles operated by individual drivers. "Parking, Public Lots" means a parking area available to the public, whether or not a fee for use is charged. "Parks" means a tract of land, designated by a public entity for the enjoyment of the public and generally used for active and passive recreational activities. "Person" means a natural person, his or her 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. "Personal Services" means establishments engaged in providing services involving the care of a person or his or her apparel. "Planned Unit Residential Development" means an alternative method of development of a residential neighborhood under more flexible conditions than otherwise required in a specific zoning district. "Principal use" means the major or predominant use of a lot or parcel of land. New Text Underlined- [DELETED TEXT BRACKETED] Resolution PZ12 -20 Page 10 of 12 "Profession" means an occupation or calling requiring the practice of a learned art through specialized knowledge based on a degree issued by an institution of high learning, e.g., Doctor of Medicine. "Property owner" means the owner shown on the latest tax assessment roll. "Recreation" means leisure activities sometimes requiring equipment and taking place at prescribed places, sites, parks, or fields. It can include active recreation, such as structured individual or team activities requiring the use of special facilities, courses, fields or equipment or passive recreation, such as activities that do not require prepared facilities such as wildlife and bird viewing, observing and photographing nature, picnicking, and walking. "Recreational vehicle" means a vehicular -type unit, primarily designed as temporary living quarters for recreational camping, or travel use, which either has its own motor power or is mounted on or drawn by another vehicle. Recreational vehicles include, but are not limited to travel trailers, camping trailers, truck campers, and motor homes. "Recreational vehicle park" means an area established by a conditional use permit for the parking of two (2) or more recreational vehicles on a temporary basis. "Restaurant" means an establishment where food and drink is prepared, served, and consumed primarily within the principal building. "Retail Business" means establishments engaged in selling goods or merchandise to the general public for business or personal/ household consumption and rendering services incidental to the sale of such goods. "Secondary use (Sr means a use allowed on a lot or parcel of land only if there is also an allowed principal use on the property. [ "SERVICE STATION" MEANS ANY BUILDING, STRUCTURE, PREMISES OR OTHER SPACE USED PRIMARILY FOR THE RETAIL SALE AND DISPENSING OF MOTOR FUELS, TIRES, BATTERIES, AND OTHER SMALL ACCESSORIES; THE INSTALLATION AND SERVICING OF SUCH LUBRICANTS, TIRES, BATTERIES, AND OTHER SMALL ACCESSORIES; AND SUCH OTHER SERVICES WHICH DO NOT CUSTOMARILY OR USUALLY REQUIRE THE SERVICES OF A QUALIFIED AUTOMOTIVE MECHANIC.) "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trademarks by which anything is made known, such as are used to designate an individual, firm, association, corporation, profession, business, or a commodity or product, which are visible from any public street or highway and used to attract attention. "State highway" means a right -of -way classified by the State of Alaska as a primary or secondary highway. "Storage yard" means a lot used primarily for the storage of operational vehicles, construction equipment, construction materials or other tangible materials and equipment. New Text Underlined. [DELETED TEXT BRACKETED] Resolution PZ12 -20 Page 11 of 12 "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 abutting thereon. "Structure" means that which is built or constructed, an edifice or a building of any kind, composed of parts joined together in some definite manner. "Subsurface Extraction of Natural Resources" means removing valuable minerals or other geological materials from the earth, from an ore body, vein or (coal) seam. Materials recovered could include gas, oil, base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock salt and potash. "Surface Extraction of Natural Resources" means removal of material, usually soil, gravel, or sand for use at another location. "Taxidermy" means the act of mounting or reproducing dead animals fish, and /or birds for display. "Theater" means a building or structure, or part thereof, devoted to the indoor exhibition of motion pictures and /or of live dramatic, speaking, musical, or other presentations. "Townhouse" means single - family dwelling units constructed in a series or group of two (2) or more units separated from an adjoining unit by an approved party wall or walls, extending from the basement of either floor to the roof along the linking lot line. "Tree Nursery" means a place where trees /plants are propagated and grown to usable size. "Use" means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. "Variance" means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property. "Warehouse" means a building or structure used for the storage of goods, wares and merchandise that will be processed, sold or otherwise disposed of off of the premises. "Wholesale business" means business conducted primarily for the purpose of selling wares or merchandise in wholesale lots to retail merchants for resale. "Yard" means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this chapter, on the same lot on which a building is situated. "Yard, front" means a yard extending across the full width of the lot between the front lot line of the lot and the nearest exterior wall of the building which is the nearest to the front lot line. "Yard, rear" means a yard extending across the full width of the lot between the most rear main building and the rear lot line. New Text Underlined- [DELETED TEXT BRACKETED Resolution PZ12 -20 Page 12 of 12 "Yard, side" means a yard on each side of a main building and extending from the front lot line to the rear lot line. The width of the required side yard shall be measured horizontally from 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 and Kenai Municipal Code Chapter 14. Dated at Kenai, A CHAIR: his his 12th day e' .tember 2012. ATTEST: New Text Underlined' [DELETED TEXT BRACKETED]