HomeMy WebLinkAboutOrdinance No. 2702-2013Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2702 -2013
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE (KMC) SECTIONS 14.20.200, ACCESSORY STRUCTURES,
AND 14.24.020, GENERAL REQUIREMENTS - DEVELOPMENT REQUIREMENTS
TABLE, TO AMEND SETBACK REQUIREMENTS AND MERGING KMC SECTION
14.24.030, ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLES, INTO KMC
14.24.020 AND DELETING KMC 14.24.030 FOR PURPOSES OF CLARITY.
WHEREAS, the Development Requirement Table in KMC 14.24.020, General
requirements, requires twenty -five foot (25) front setbacks for all zoning districts
except RU /TSH; and,
WHEREAS, changing the front setback requirements from twenty-five feet (251 to
twenty-feet (20) front setbacks will provide for greater utilization of property while
continuing to protect the integrity of zoning districts to provide adequate light, air, and
privacy while protecting the City's interest in health and safety and aesthetics; and,
WHEREAS, changing the front setback requirements to twenty-feet (201 will also
provide for consistency in setback requirements between the City, Kenai Peninsula
Borough and the City of Soldotna; and,
WHEREAS, KMC 14.20.200, Accessory structures, allows for certain accessory
structures to be within ten -feet (101 of the front lot line; and,
WHEREAS, accessory structures should be kept back at least twenty-feet (201 from
the front property line to maintain health and safety and aesthetic interests of the
City, especially when site distance on corner lots is an issue; and,
WHEREAS, KMC 14.20.200, Accessory structures, also allows for certain accessory
structures to be within three -feet (31 of a side or rear property line however the City's
building code requires these structures to be kept five -feet (5) from the lot lines; and,
WHEREAS KMC 14.20.200, Accessory structures should be further amended to
provide consistency with the City's building code; and,
WHEREAS, both KMC 14.24.020 and KMC 14.24.030 provide similar requirements
regarding setbacks; and,
WHEREAS, combining the setback requirements into one code section will provide
clarity and eliminate potential confusion; and
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Ordinance No. 2702 -2013
Page 2 of 5
WHEREAS, the City's Planning and Zoning Commission held a work session on
setback requirements on March 26, 2013, and at the Commission's regularly
scheduled meeting on April 24, 2013, unanimously recommended the City Council
adopt Ordinance No. 2702 -2013.
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 14.24.020 of the Kenai Municipal Code: That
Kenai Municipal Code, Section 14.24.020 General requirements, is hereby amended as
follows:
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Ordinance No. 2702 -2013
Page 3 of 5
14.24.020 General requirements.
Table 14.24.020
DEVELOPMENT REQUIREMENTS TABLE
ZONING DISTRICTS
USES
C /RR
RRI
RS
RS1
RS2
RU /TSH
H. /IH /CC /CG /CMU
R
ED
LC
MINIMUM LOT
90
90
60
60
60
60
See individual
90
90
90
WIDTH (feet)
sections of Code for
requirements
MINIMUM LOT
SIZE (feet)
Front Setback'
2[5L
2[5]0
2[510
2[5]0
2[5]0
10
2[5]0
2[5]0
2[5]0
2[5]0
Side Setback3•5
One -Story3
15
15
5
5
5
5
10
15
15
15
Daylight
15
15
10
10
10
5
10
15
15
15
Basement/
Split Leve13
Two -Story3
15
15
15
15
15
54
10
15
15
15
Rear Setback
20
20
20
20
20
104
10
20
20
20
Maximum Lot
30%
30%
30%
30%
30%
40%
300%
30%
30%
Coverage
Maximum Height
35
1 35
35
1 35
1 35
35
(feet) 6
Footnotes:
(1) Provided that the minimum front setback is measured from any right -of -way or access easement.
(2) Side setbacks are determined [INDEPENDENTLY FROM] hased on the primary vehicular access [FRONT
VIEW] of the structure. Plot plan/as -built will distinguish single and two -story portions of building to verify
setback distances are met.
(3) Story is that portion of a building included between the upper surface of any floor and the upper surface of
the floor next above or the ceiling or roof above.
One -story is defined as a story having direct access from grade level without a lower story. A structure having
a lower story situated below a one -story is considered a one -story structure in its entirety.
Two -story is defined as one -story plus more than one -half (1/2) the height of the lower story all situated
above grade.
Daylight basement /split level is defined as one -story plus less than one -half (1 /2) the height of the lower
story all situated above grade.
For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface of the
ground between the building and a line five (5) feet from the building.
(4) Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but
need not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard.
(5) Side setbacks for parcels within the airport perimeter fence situated along aircraft movement areas, ramps,
taxiways, or parking aprons are exempt from the side setback requirements of this title. The building
restriction line identified on the Airport Layout Plan must be maintained. [ARE NOT REQUIRED FOR
PARCELS ALONG CERTAIN AIRPORT TAXIWAYS AND THE APRON AS FURTHER SET FORTH IN KMC
14.24.030.]
(6) All structures in aircraft- approach zones and within eight thousand feet (8.0001 of the main runway shall be
subiect to height limitation on the basis of obstruction criteria as shown on the current FAA- approved Kenai
Airport Layout Plan .
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Ordinance No. 2702 -2013
Page 4 of 5
Section 3. 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:
(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] 1) Covered but unenclosed passenger landings, or storage sheds of not more than
one hundred twenty [(120)] square feet (1201 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] five feet ([3]5') to an adjoining lot;
([3]2) Covered but unenclosed passenger landings, or storage sheds of not more than
two hundred [(200)] square feet (2001, with no side or end longer than sixteen [(16)]
feet 16 1, 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;
([413J 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] five feet ([3]5') 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;]
([614J 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)([211) and KMC 14.20.200(a)([3]2),
setbacks, per development tables, must be maintained if structure requires a building
permit;
(17]5J 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.
Section 4. Deletion of Section 14.24.030 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.24.030, Addendum to development requirements tables, is
hereby deleted in its entirety as follows:
New Teat Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2702 -2013
Page 5 of 5
[14.24.030 ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLES.
(A) YARDS FOR CORNER LOTS. THE MINIMUM SIDE YARD ON THE STREET
SIDE, OR PLATTED RIGHT -OF -WAY, OR GOVERNMENT EASEMENT, OF A CORNER
LOT SHALL BE THE SAME AS THE MINIMUM FRONT YARD REQUIRED FOR THAT
ZONE. THE FRONT YARD SHALL BE DETERMINED AS BEING THE AREA BETWEEN
THE MAIN ENTRANCE TO THE BUILDING AND THE STREET, RIGHT -OF -WAY, OR
GOVERNMENT EASEMENT.
(B) HEIGHT LIMITATION OF STRUCTURES NEAR AIRPORT. ALL STRUCTURES IN
AIRCRAFT- APPROACH ZONES AND WITHIN EIGHT THOUSAND FEET (8,000') OF
THE MAIN RUNWAY SHALL BE SUBJECT TO HEIGHT LIMITATION ON THE BASIS OF
OBSTRUCTION CRITERIA AS SHOWN ON THE CURRENT FAA - APPROVED KENAI
AIRPORT LAYOUT PLAN.
(C) SIDE SETBACK REQUIREMENTS WITHIN THE AIRPORT PERIMETER FENCE.
PARCELS CONTAINED IN THE AIRPORT PERIMETER FENCE SITUATED ALONG
AIRCRAFT MOVEMENT AREAS, RAMPS, TAXIWAYS, OR PARKING APRONS ARE
EXEMPT FROM THE SIDE SETBACK REQUIREMENTS OF THIS TITLE. THE
BUILDING RESTRICTION LINE IDENTIFIED ON THE AIRPORT LAYOUT PLAN MUST
BE MAINTAINED. ]
Section 5. Severabilitv: 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 1.15.070(1), this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May,
2013.
ATTEST: ,
QW 1
Sandla digh, City Clerk
PAT •:_ E- MAYOR
Introduced: May 1, 2013
Adopted: May 15, 2013
Effective: June 15, 2013
New Text Underlined; ]DELETED TEXT BRACKETED]
WW
'1%1149e with a Past, C# with a Future"
MEMO:
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 bcftd
mmiw
Telephone: 907 - 283 -75351 FAX: 907 - 283 -3014 11111
1992
TO: Rick Koch, City Manager
FROM: Marilyn Kebschull, Planning Administration 1c
DATE: April 25, 2013
SUBJECT: Ordinance No. 2702 -2013 - AN ORDINANCE OF THE COUNCIL OF THE CITY
OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE (KMC) SECTIONS
14.20.200, ACCESSORY STRUCTURES, AND 14.24.020, GENERAL
REQUIREMENTS - DEVELOPMENT REQUIREMENTS TABLE, TO AMEND
SETBACK REQUIREMENTS AND MERGING KMC SECTION 14.24.030,
ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLES, INTO KMC
14.24.020 AND DELETING KMC 14.24.030 FOR PURPOSES OF CLARITY.
Ordinance No. 2702 -2013 recommends Council amend several sections of Title 14. The
Planning & Zoning Commission held a public hearing on April 241h, and unanimously
recommended the adoption of Ordinance No. 2702 -2013.
The Ordinance would amend Title 14 as follows:
Amend KMC 14.24.020, Development Requirements, to reduce front setbacks from a
25 -foot (25) front setback to a 20 -foot (20') front setback. The change will provide
consistency with the Kenai Peninsula Borough & City of Soldotna while still providing
adequate light, air and privacy and protecting the City's interest in health and safety and
aesthetics.
• Amend KMC 14.20.200, Accessory Structures, to require a setback for accessory
structures of five -feet (5) from lot lines to provide consistency with the City's building
code.
• Amend KMC 14.20.200, Accessory Structures, to remove sections 1 and 5 which allow
unoccupied accessory structures to be placed within ten -feet (10') of the front property
line. This amendment would maintain health, safety and aesthetic interests of the City
and provide consistency with KMC 14.20.210, Sight Obstruction on Corner Lots, which
restricts structures from being erected on corner lots in the sight obstruction area defined
as a "triangular area formed by the two (2) streets rights -of -way adjoining the lot and a
line drawn across the lot adjoining points on each right -of -way twenty fee (20) from the
intersection of the right -of -way lines."
• Eliminates KMC 14.24.030, Addendum to Development Requirements Table, by
combining this section of the code into the footnotes of KMC 14.24.020. This will
provide clarity and eliminate potential confusion.
MA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ13 -09
A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING
THAT KENAI CITY COUNCIL AMEND THE KENAI MUNICIPAL SECTION 14.24.020, GENERAL
REQUIREMENTS - DEVELOPMENT REQUIREMENTS TABLE, BY ALTERING SETBACK
REQUIREMENTS FOR RESIDENTIAL USES AND MERGING KENAI MUNICIPAL SECTION
14.24.030, ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLES, INTO KMC 14.24.020
AND DELETING KMC 14.24.030 FOR PURPOSES OF CLARITY.
WHEREAS, the Development Requirement Table in KMC 14.24.020, General
requirements, requires twenty -five foot (25') front setbacks for all zoning districts
except RU /TSH; and,
WHEREAS, changing the front setback requirements from twenty-five (25) to twenty-
foot (20') front setbacks will provide for greater utilization of property while continuing
to protect the integrity of zoning districts to provide adequate light, air, and privacy
while protecting the City's interest in health and safety and aesthetics; and,
WHEREAS, changing the front setback requirements to twenty-foot (20') will also
provide for consistency in setback requirements between the City, Kenai Peninsula
Borough and the City of Soldotna; and,
WHEREAS, KMC 14.20.200, Accessory structures, allows for certain accessory
structures to be within ten -feet (10') of the front lot line; and,
WHEREAS, accessory structures should be kept back at least twenty-feet (20') from
the front property line to maintain health and safety and aesthetic interests of the
City, especially when site distance on corner lots is an issue; and,
WHEREAS, KMC 14.20.200, Accessory structures, also allows for certain accessory
structures to be within three -feet (3') of a side or rear property line however the City's
building code requires these structures to be kept five -feet (5') from the lot lines; and,
WHEREAS KMC 14.20.200, Accessory structures should be further amended to
provide consistency with the City's building code; and,
WHEREAS, both KMC 14.24.020 and EMC 14.24.030 provide similar requirements
regarding setbacks; and,
WHEREAS, combining the setback requirements into one code section will provide
clarity and eliminate potential confusion.
New Text. Underlined; [DELETED TEXT BRACKETED]
Resolution PZ13 -09
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 section 14.24.020, General Requirements — Development Requirements Table by
altering setback requirements for residential uses and merging Kenai Municipal Code section 14.24.030,
Addendum to Development Requirements Tables, into Kenai Municipal Code section 14.24.020 and
deleting Kenai Municipal Code section 14.24.030 for purposes of clarity as follows:
14.24.020 General requirements.
Table 14.24.020
DEVELOPMENT REQUIREMENTS TABLE
ZONING DISTRICTS
USES
C /RR
RRI
RS
I RSl
RS2
RU/rSH
H,/IH/CC /CG /CMU
R
ED
LC
MINIMUM LOT
90
90
60
60
60
60
See individual sections
90
90
90
WIDTH (feet)
of Code for
requirements
MINIMUM LOT
SIZE (feet)
Front Setback
2[5]0
2[5]0
2[5]0
2[5L
2[5]0
10
2[5]0
2[5]0
2[5L
2[5]0
Side Setback'
One-story3
15
15
5
5
5
5
10
15
15
15
Daylight Basement/
15
15
10
10
10
5
10
15
15
15
Split Levee
Two- Story3
15
15
15
15
15
54
10
15
15 1
15
Rear Setback
20
20
20
20
104
10
20
20
20
Maximum Lot
30%
30%
30%
30%
40%
30%
Coverage
J35
Maximum Height
35
35
35
35
35
(feet)(
Footnotes:
(1) Provided that the minimum front setback is measured from any right-of-way or access easement.
(2) Side setbacks are determined [INDEPENDENTLY FROM] based on the primary vehicular access (FRONT VIEW] of the structure.
Plot plan/as -built will distinguish single and two -story portions of building to verify setback distances are met.
(3) Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above or the
ceiling or roof above.
One -story is defined as a story having direct access from grade level without a lower story. A structure having a lower story situated
below a one -story is considered a one -story structure in its entirety.
Two -story is defined as one -story plus more than one -half (1/2) the height of the lower story all situated above grade.
Daylight basement/split level is defined as one -story plus less than one -half (1/2) the height of the lower story all situated above
grade.
For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface of the ground between the
building and a line five (5) feet from the building.
(4) Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but need not exceed fourteen
(14) feet for each side yard and nineteen (19) feet for the rear yard.
(5) Side setbacks for parcels within the airport perimeter fence situated alone aircraft movement areas. ramps taxiways or narking
aprons are exempt from the side setback requirements of this title The building reshictlon line identified on the Aimort Layout Plan
must be mkilWaed. [ARE NOT REQUIRED FOR PARCELS ALONG CERTAIN AIRPORT TAXIWAYS AND THE APRON AS
FURTHER SET FORTH IN KMC 14.24.030.1
(6) All structures in aircraft- apnmach zones and within eight thousand fat (8.000') of the main runway shall be subject to height
limitation on the basis of obstruction criteria as shown m the cumot FAA - approved Kenai Airport Iavout Plan
New Text Underlined; [DELETED TEXT BRACKETEDI
Resolution PZ13 -09
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] i) 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] five feet ([3]5') to an adjoining lot;
([3]D 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]2) 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] five feet ([315') of any lot line;
[([51) 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]4) 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]1) and KMC 14.20.200(a)([3]2), setbacks, per development tables, must be maintained if
structure requires a building permit;
([715) For purposes of this section one (1) story in height is a maximum of twelve feet (12D high as
measured from the ground to the highest point of the subject structure roof.
[14.24.030 ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLES.
(A) YARDS FOR CORNER LOTS. THE MINIMUM SIDE YARD ON THE STREET SIDE, OR
PLATTED RIGHT -OF -WAY, OR GOVERNMENT EASEMENT, OF A CORNER LOT SHALL BE
THE SAME AS THE MINIMUM FRONT YARD REQUIRED FOR THAT ZONE. THE FRONT
YARD SHALL BE DETERMINED AS BEING THE AREA BETWEEN THE MAIN ENTRANCE TO
THE BUILDING AND THE STREET, RIGHT -OF -WAY, OR GOVERNMENT EASEMENT.
(B) HEIGHT LIMITATION OF STRUCTURES NEAR AIRPORT. ALL STRUCTURES IN
AIRCRAFT - APPROACH ZONES AND WITHIN EIGHT THOUSAND FEET (8,000) OF THE MAIN
RUNWAY SHALL BE SUBJECT TO HEIGHT LIMITATION ON THE BASIS OF OBSTRUCTION
CRITERIA AS SHOWN ON THE CURRENT FAA - APPROVED KENAI AIRPORT LAYOUT PLAN.
(C) SIDE SETBACK REQUIREMENTS WITHIN THE AIRPORT PERIMETER FENCE.
PARCELS CONTAINED IN THE AIRPORT PERIMETER FENCE SITUATED ALONG AIRCRAFT
MOVEMENT AREAS, RAMPS, TAXIWAYS, OR PARKING APRONS ARE EXEMPT FROM THE
New Text Underlined; [DELETED TEXT BRACKETED[
Resolution PZ13 -09
SIDE SETBACK REQUIREMENTS OF THIS TITLE. THE BUILDING RESTRICTION LINE
IDENTIFIED ON THE AIRPORT LAYOUT PLAN MUST BE MAINTAINED. ]
Dated at Kenai, Alaska this 2 L I`A,
CHAIR:
ATTEST:
2013.
New Text Underlined; [DELETED TEXT BRACEETEDl