HomeMy WebLinkAboutOrdinance No. 2688-2013Suggested by: Council Member Gabriel
CITY OF KENAI
ORDINANCE NO. 2688 - 2013
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE KENAI MUNICIPAL CODE SECTIONS 14.24.200, ACCESSORY STRUCTURES,
14.20.320, DEFINITIONS AND 14.22.010 LAND USE TABLE TO ALLOW
UNOCCUPIED ACCESSORY STRUCTURES TO BE PLACED, BY CONDITIONAL USE,
ON RESIDENTIAL PARCELS THAT DO NOT HAVE A MAIN BUILDING OR USE IF THE
SAME OWNER OWNS AN ADJACENT PARCEL.
WHEREAS, accessory structures, such as greenhouses, sheds and other detached
buildings or structures are allowed on parcels that have a main building or use but
are not allowed on parcels without a main building or use; and
WHEREAS, Kenai Municipal Code does not currently provide a process for allowing
owners of adjacent parcels to place unoccupied accessory buildings on parcels that do
not have a main building or use even if the adjacent parcel does have a main building
or use; and,
WHEREAS, this ordinance is intended to allow owners of adjacent residential parcels
to utilize, through the conditional use process, adjacent commonly owned parcels
similarly, with regard to unoccupied accessory buildings, as if the lot line between
the properties had actually been vacated; and
WHEREAS, allowing full use of property in a responsible manner consistent with
applicable planning and zoning ordinances is in the best interest of the public; and,
WHEREAS, limiting unoccupied accessory buildings on adjacent residential parcels
without a main building or use, to structures without a permanent foundation and
with a footprint less than 400 square feet, protects the City and neighbors as the
structures are more easily movable in the event of a transfer of ownership, while still
allowing a reasonable use of the property; and,
WHEREAS, at its regular meeting on April 10, 2013, the Planning and Zoning
Commission approved Resolution PZ13 -12, a resolution of the Kenai Planning and
Zoning Commission recommending that the Kenai City Council adopt amendments to
KMC sections 14.24.200, Accessory Structures, 14.20.320, Definitions and 14.22.010
Land Use Table, to allow unoccupied Accessory Structures to be placed, by conditional
use, on residential parcels that do not have a main building or use if the same owner
owns an adjacent residential parcel.
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Ordinance No. 2688 -2013
Page 2 of 5
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1. Form: That this is a Code ordinance.
Section 2. Amendment of Section 14.20.200 of the Kenai Municipal Code: That
Kenai Municipal Code, Section 14.20.200 Accessory structures, is hereby amended as
follows:
14.20.200 Accessory structures.
(a) Yard Requirements for Accessory Structures. Where yards are required,
accessory structures shall be subject to the same requirements as principal structures
except as follows:
(1) In an RR and RS zone, the minimum front yard setback for an
unoccupied attached or detached garage or carport shall be ten feet (10');
(2) Covered but unenclosed passenger landings, or storage sheds of not
more than one hundred twenty (120) square feet and not more than one
(1) story in height may extend into either side yard or rear yard, but such
structure shall not be closer than three feet (3') to an adjoining lot;
(3) Covered but unenclosed passenger landings, or storage sheds of not
more than two hundred (200) square feet, with no side or end longer
than sixteen (16) feet, and not more than one (1) story in height may
extend into the rear yard, but such structure shall not be closer than five
feet (5) to the rear lot line;
(4) Unenclosed outside stairways, fire escapes, porches, or landing places as
well as cornices, canopies, eaves, and other similar architectural features
not providing additional floor space may extend into a required side or
rear yard except within three feet (3) of any lot line;
(5) Unenclosed outside stairways, fire escapes, porches, or landing places as
well as cornices, canopies, eaves, and other similar architectural features
not providing additional floor space may extend into a required front yard
except within ten feet (10') of any lot line;
(6) A detached accessory building may be permitted to occupy a rear yard;
provided that, not more than one -third (1 /3) of the total area of such rear
yard shall be so occupied. Except as provided in KMC 14.20.200(a)(2)
and KMC 14.20.200(a)(3), setbacks, per development tables, must be
maintained if structure requires a building permit;
(7) For purposes of this section one (1) story in height is a maximum of
twelve feet (12') high as measured from the ground to the highest point of
the subject structure roof.
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Ordinance No. 2688 -2013
Page 3 of 5
(b) Unoccupied accessory structures may be allowed as a conditional use on a
residential parcel that does not have a main building or use of the land only when the
Parcel on which the unoccupied accessory structure proposed is adiacent to and
shares a common lot line with a parcel owned by the same owner and a main building
or use is constructed or used on the adjacent parcel The conditional use for an
unoccupied accessory structure on an adiacent parcel shall expire upon transfer of
either parcel to a third party and all accessory buildings on adjacent parcels without a
main building or main use must be removed.
(c) Unoccupied accessory structures allowed as a conditional use on residential
Parcels adiacent to a parcel owned by the same owner with a main structure or use of
the land shall be limited to structures without a permanent foundation and less than
400 square feet.
(Ords. 925, 1862 -2000, 1974 -2002, 2340 -2008)
Section 3. Amendment of Section 14.20.320 of the Kenai Municipal Code: That
Kenai Municipal Code, Section 14.20.320 Definitions, is hereby amended as follows:
14.20.320 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, except as allowed by a conditional use permit. 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.
Section 4. Amendment of Section 14.22.010 of the Kenai Municipal Code: That
Kenai Municipal Code, Section 14.22.010 Land Use Table, is hereby amended as
follows:
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
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Ordinance No. 2688 -2013
Page 4 of 5
ZONING DISTRICTS
LAND USES
C
RR
RRI
RS
RSI
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
RESIDENTIAL
One - Family Dwelling
C18
P
P
P
P
P
P
PL
SI
S2
S2
C22
P
P
P
SI /C2-
Two- ,Thee- Family
Dwelling
CIS
P
P
P
P
P
P
P21
SI
C
C
C22
P
P
P
SI /C21
Four - Family Dwelling
CIO
P
C3'29
P
N
N
P
P21
SI
C
C
Cu
N
P
C
S2/C21
Five-, Six- Family Dwelling
CIO
C2
N
P
N
N
P
P21
SI
C
C
N
N
P
C
SI /C21
Sever or More Family
Dwelling
CIO
CO
N
CS
N
N
P
P21
SI
C
C
N
N
P
C
SI /C21
Mobile Home Parks`
N
C
N
C
C
C
C
C
C
C
C
N
C
N
N
C
Planned Unit Residential
Development
CIO
C
C29
C
C
C
C
C
C
C
C
N
C
C
C
C
Townhouses
CIS
C2
C2.29
CS
CO
C2
C2
C
C
C
C
C22
C
C
C
C
Accessory Building on
N_
C
C
C
C
C
C
N
N
N
N_
N_
N
C
N_
N
Parcel Without Main
Building or Use (See KMC
14.20.2001
COMMERCLIL
Automotive Sales
N
C
N
N
N
N
C
P
P
P
P
N
N
N
N
P
Automotive Service
Stations
N
C
N
N
N
N
C
P
P
P
P
N
C
N
N
P
Banks
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
Business/Consuma
Services
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
Commercial Recreation
N
C
N
C
N
N
C
P
P
C
C
N
P
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
N26
C
N
C
N
N
C
P
P
P
P
S24
S2°
C
C
P
Theaters
N
C
N
C
N
N
C
P
P
C
C
N
P
C
C
P
Wholesale Business
N
C
N
C
N
N I
C I
C I
P
P
P
N
Std
C
C
N
Section S. Severability: That 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 6. Effective Date: That pursuant to KMC 1.15.0700, this ordinance shall
take effect 30 days after adoption.
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Ordinance No. 2688 -2013
Page 5 of 5
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of May,
2013.
ePATPORTER, MAYOR
ATTEST:
cT�
Sandra Modigh, City lerk
Introduced:
April 17, 2013
Adopted:
May 1, 2013
Effective:
June 1, 2013
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u
"Villaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
MEMORANDUM
TO: Mayor Porter and Council Members
FROM: Council Member Brian Gabriel
DATE: April 11, 2013
SUBJECT: Accessory Structure Ordinance No. 2688 -2013
Ordinance 2688 -2013 is intended to allow property owners to use the conditional use
permit process to place unoccupied accessory structures on parcels that do not have a
primary structure or use, but are adjacent to a commonly owned parcel that does have a
main structure or use. Currently this not allowed. For example, if someone owned two
parcels next to each other (they share a common lot line) and had a house on one and the
other was vacant, they cannot place a green house, gazebo, shed, kids play equipment or
other similar accessory structures on the vacant parcel under existing code. The same
could be accomplished if the lot lines were vacated creating one common parcel, but
there are numerous reasons why an owner may wish to keep the parcels legally separated.
The Ordinance is intended to allow full beneficial use of property in a responsible manner
consistent with applicable planning and zoning ordinances. The requirement that a
conditional use permit is obtained for accessory structures on vacant lots will allow the
Planning and Zoning Commission to ensure that neighborhood standards are adhered to
and that public notice to neighbors is provided. Further, limiting the applicable accessory
structures to those that are unoccupied, less than 400 square feet, and do not have a
permanent foundation will allow the structures to be more easily moved if there is a ever
a change in ownership, which is a requirement of the Ordinance. The Planning and
Zoning Commission met at its regular meeting of April 10, 2013 and unanimously
recommended that the City Council approve this Ordinance. This occurred after the
Commission held a work session on March 27, 2013 on the same matter.
Your consideration is appreciated.
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"'Village with a Past, C# with a Future��
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1III��
\the 6t,5Of, 1992
V
MEMO:
TO: Scott Bloom, City Attorney
FROM: Nancy Carver, Planning Assistant\/
DATE: April 11, 2013
SUBJECT: Planning Commission Resolution PZ13 -12 — Accessory Structures
At their meeting on April 10th, the Planning & Zoning Commission unanimously passed
Resolution PZ13 -12 recommending amendments to Kenai Municipal Code sections
14.24.200, Accessory Structures, 14.20.320, Definitions and 14.22.010 Land Use Table
to allow unoccupied Accessory Structures to be placed by Conditional Use on
residential parcels that do not have a main building or use if the same owner owns an
adjacent parcel.
Attached to this memo are the draft Council resolution and the Commission's signed
resolution. Let me know if anything else is needed to submit this information for
Council's consideration. Thanks.
Attachments:
1. Planning & Zoning Resolution PZ13 -12
2. Draft Council Resolution
ii J;haw
V llaye with a Past, C# with a Future
MEMO:
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 I II III
1991
TO: Planning & Zoning Commission
u
FROM: Nancy Carver, Planning & Zoning Assistant�ef
DATE: March 29, 2013
SUBJECT: PZ13 -12 - A RESOLUTION OF THE KENAI PLANNING AND ZONING
COMMISSION RECOMMENDING THAT KENAI CITY COUNCIL ADOPT
AMENDMENTS TO KENAI MUNICIPAL SECTIONS 14.24.200,
ACCESSORY STRUCTURES, 14.20.320, DEFINITIONS AND 14.22.010
LAND USE TABLE TO ALLOW UNOCCUPIED ACCESSORY
STRUCTURES TO BE PLACED, BY CONDITIONAL USE, ON
RESIDENTIAL PARCELS THAT DO NOT HAVE A MAIN BUILDING OR
USE IF THE SAME OWNER OWNS AN ADJACENT PARCEL.
On March 27, 2013, the Commission held a Work Session on the above - referenced
resolution proposing amendments to allow accessory structures on residential lots
without a principal structure. The amendments will provide an opportunity for property
owners to request an exception through the conditional use process. This provides an
opportunity to review each request individually. The proposed amendments will:
• Allow individuals, through the conditional use process, to place an unoccupied
accessory structure on a vacant lot, adjacent to commonly owned property with a
main building or use.
Conditional Use Permits that are issued under the amendment will automatically
expire upon transfer of either parcel to a third party.
• Structures would be restricted to unoccupied uses and limited to a footprint less
than 400 square feet and without a permanent foundation. These restrictions are
intended to allow for ease of removal of the structure in the event of transfer of
ownership.
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ13 -12
A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING
THAT KENAI CITY COUNCIL ADOPT AMENDMENTS TO KENAI MUNICIPAL SECTIONS
14.24.200, ACCESSORY STRUCTURES, 14.20.320, DEFINITIONS AND 14.22.010 LAND USE TABLE
TO ALLOW UNOCCUPIED ACCESSORY STRUCTURES TO BE PLACED, BY CONDITIONAL USE,
ON RESIDENTIAL PARCELS THAT DO NOT HAVE A MAIN BUILDING OR USE IF THE SAME
OWNER OWNS AN ADJACENT RESIDENTIAL PARCEL.
WHEREAS, accessory structures, such as greenhouses, sheds and other detached buildings or structures are
allowed on parcels that have a main building or use but are not allowed on parcels without a main building or
use; and
WHEREAS, Kenai Municipal Code does not currently provide a process for allowing owners of adjacent
parcels to place unoccupied accessory buildings on parcels that do not have a main building or use even if the
adjacent parcel does have a main building or use; and,
WHEREAS, this ordinance is intended to allow owners of adjacent residential parcels to utilize, through the
conditional use process, adjacent commonly owned parcels similarly, with regard to unoccupied accessory
buildings, as if the lot line between the properties had actually been vacated; and
WHEREAS, allowing full use of property in a responsible manner consistent with applicable planning and
zoning ordinances is in the best interest of the public; and,
WHEREAS, limiting unoccupied accessory buildings on adjacent residential parcels without a main building
or use, to structures without a pennanent foundation and with a footprint less than 400 square feet, protects
the City and neighbors as the structures are more easily movable in the event of a transfer of ownership,
while still allowing a reasonable use of the property; and,
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE
CITY OF KENAI, ALASKA:
That the City of Kenai Planning and Zoning Commission recommends Council adopt amendments to Kenai
Municipal Code sections 14.24.200, Accessory Structures, 14.20.320, Definitions and 14.22.010 Land Use
Table to allow Accessory Structures to be place, by Conditional Use, on residential parcels that do not have a
main building or use if the same owner owns an adjacent residential parcel, as follows:
Res. PZ13 -12
Page 2 of 3
14.20.200 Accessory structures.
(a) Yard Requirements for Accessory Structures. Where yards are required, accessory structures shall be
subject to the same requirements as principal structures except as follows:
(1) In an RR and RS zone, the minimum front yard setback for an unoccupied attached or
detached garage or carport shall be ten feet (10);
(2) Covered but unenclosed passenger landings, or storage sheds of not more than one hundred
twenty (120) square feet and not more than one (1) story in height may extend into either
side yard or rear yard, but such structure shall not be closer than three feet (3) to an
adjoining lot;
(3) Covered but unenclosed passenger landings, or storage sheds of not more than two hundred
(200) square feet, with no side or end longer than sixteen (16) feet, and not more than one
(1) story in height may extend into the rear yard, but such structure shall not be closer than
five feet (5) to the rear lot line;
(4) Unenclosed outside stairways, fire escapes, porches, or landing places as well as cornices,
canopies, eaves, and other similar architectural features not providing additional floor space
may extend into a required side or rear yard except within three feet (3 � of any lot line;
(5) Unenclosed outside stairways, fire escapes, porches, or landing places as well as cornices,
canopies, eaves, and other similar architectural features not providing additional floor space
may extend into a required front yard except within ten feet (10') of any lot line;
(6) A detached accessory building may be permitted to occupy a rear yard; provided that, not
more than one -third (1/3) of the total area of such rear yard shall be so occupied. Except as
provided in KMC 14.20.200(a)(2) and KMC 14.20.200(a)(3), setbacks, per development
tables, must be maintained if structure requires a building permit;
(7) For purposes of this section one (1) story in height is a maximum of twelve feet (12) high as
measured from the ground to the highest point of the subject structure roof.
(b) Unoccupied accessory structures may be allowed as a conditional use on a residential parcel that
does not have a main building or use of the land only when the parcel on which the unoccupied accessory
structure proposed is adjacent to and shares a common lot line with a parcel owned by the same owner and a
main building or use is constructed or used on the adjacent parcel The conditional use for an unoccupied
accessory structure on an adjacent parcel shall expire upon transfer of either parcel to a third party and all
accessory buildings on adjacent parcels without a main building or main use must be removed.
(c) Unoccupied accessory structures allowed as a conditional use on residential parcels adjacent to a
parcel owned by the same owner with a main structure or use of the land shall be limited to structures
without a permanent foundation and less than 400 square feet.
14.20.320 Definitions.
C°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, except as allowed by a conditional use permit. An accessory
New Text Underlined: [DELETED TEXT BRACKETED]
Res. PZ13 -12
Page 3 of 3
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.
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
LAND USES
C
RR
RRI
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
RESIDENTIAL
One - Family Dwelling
C19
P
P
P
P
P
P
P21
SI
Sr
S2
C"
P
P
P
Si/01
Two -, Three- Family
Dwelling
Cis
P
P
P
P
P
P
P21
Sl
C
C
Cn
P
P
P
SI/C21
Four - Family Dwelling
C18
P
019
P
N
N
P
P21
SI
C
C
Czz
N
P
C
SI/C21
Five -, Six- Family Dwelling
Cis
C3
N
P
N
N
P
p2i
SI
C
C
N
N
P
C
SI/C21
Seven -or More Family
Dwelling
Cls
C'
N
C3
N
N
P
P31
S1
C
C
N
N
P
C
SI /C21
Mobile Home Parks'
N
C
N
C
C
C
C
C
C
C
C
N
C
N
N
C
Planned Unit Residential
Development'
Cs
C
C29
C
C
C
C
C
C
C
C
N
C
C
C
C
Townhouses"
CIS
C.3
C$29
L.3
CO
C3
C3
C
e
e
C
C`u
e
C
e
e
Accessory Buildine on
N
C
C
C
C
C
C
N
N
N
N_
N_
N_
C
N_
N
Panel Without Main
Buildin og r Use
Ia.zo.2a1
COMMERCIAL
Automotive Sales
N
C
N
N
N
N
C
P
P
P
P
N
N
N
N
P
Automotive Service Stations
N
C
N
N
N
N
C
P
P
P
P
N
C
N
N
P
Banks
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
Business /Consumer Services
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
Commercial Recreation
N
C
N
C
N
N
C
P
P
C
C
N
P
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
C39
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
N36
C
N
C
N
N
C
P
P
P
P
S2°
S34
C
C
P
Theaters
N
C
N
C
N
N
C
P
P
C
C
N
P
C
C
P
Wholesale Business
N
C
N
C
N
N
C
C
P
P
P
N
S3°
C
C
N
Dated at Kenai, ALasXa this
CHAIR:
day _,a1 pri 2013.
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