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HomeMy WebLinkAboutOrdinance No. 2565-2011c ci 6E NA SKA Sponsored. by: Administration CITY OF KENAI ORDINANCE NO. 2565 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE TITLE 14, PLANNING AND ZONING, TO CLARIFY WHAT RATES, CHARGES, AND FEES ARE DUE AS SET FORTH IN THE CITY'S FEE SCHEDULE AND MAKING TECHNICAL CHANGES AND CORRECTIONS, INCLUDING REMOVING THE APPEAL SECTION FOR ENCROACHMENT PERMITS AT KMC 14.20.185, TO CLARIFY THAT APPEALS ARE SUBJECT TO THE PROCESS IN KMC 14.20.290. WHEREAS, a. comprehensive schedule of fees was initially approved by resolution of the Kenai City Council at Resolution 2011 -20; and, WHEREAS, additional changes are needed in Title 14 to clarify how rates, charges and fees must be paid in conjunction with applications for certain permits such as encroachment permits and variances; and, WHEREAS, changes are also desirable to harmonize the appeals process by making drafting corrections not undertaken when the appeal processes of KMC 14.20.290 were established; and, WHEREAS, the Planning and Zoning Commission, through its Resolution No. PZ11- 16, recommends that the Council amend the Kenai Municipal Code as set forth herein; and, WHEREAS, it is in the best interests of the City to make additional changes to Title 14 of the Kenai Municipal Code to further its efforts to include all City rates, charges, and fees in a comprehensive fee schedule and to make technical changes and corrections. 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 14.05.020 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.05.020, Fees, is hereby amended as follows: 14.05.020 Fees. In order to defray the expenses connected with the consideration of applications for amendment to the Kenai Zoning Code or Official Map and with the consideration of applications for [VARIANCES AND CONDITIONAL USE] permits, the person presenting the application shall pay to the City a fee in an amount as set forth in the City's schedule of fees adopted by the City Council. Whether an application is granted or New Text Unde] ed; [DELETED TEXT BRACKETED] Ordinance No. 2565 -2011 Page 2 of 22 denied by the Commission, the petitioner or applicant shall not be entitled to the return of the fee paid. Section 3. Amendment of Section 14.20.150 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.150, Conditional use permits, is hereby amended as follows: 14.20.150 Conditional use permits. (a) Intent: It is recognized that there are some uses that may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission may permit this type of use if the conditions and requirements listed in this chapter are met. The allowed uses are listed in the Land Use Table. Before a conditional use permit may be granted, the procedures specified in this chapter must be followed. (b) Applications: Applications for a conditional use permit shall be filed in writing with the Planning Department. The application shall include, but is not limited to, the following: (c) (1) (2) (3) (4) (5) (6) Name and address of the applicant; Verification by the owner of the property concerned if other than the applicant; A legal description of the property involved; A description of the proposed use; Dimensioned plot plans showing the location of all existing and proposed buildings or alteration, and such data as may be required; and, The appropriate fee as set forth in the City's schedule of fees adopted by the City Council. Public Hearing: If the application is in order, a public hearing shall be scheduled in accordance with the requirements of KMC 14.20.280 [OF THIS TITLE]. (d) Review Criteria: Prior to granting a conditional use permit, it shall be established that the use satisfies the following conditions: (1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; (2) The value of the adjoining property and neighborhood will not be significantly impaired; (3) The proposed use is in harmony with the Comprehensive Plan; (4) Public services and facilities are adequate to serve the proposed use; New Text Underlined [DELETED TEXT BRACKETED} Ordinance No. 2565 -2011 Page 3 of 22 (5) (6) The proposed use will not be harmful to the public safety, health or welfare; and Any and all specific conditions deemed necessary by the [c]Commission to fulfill the above - mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. (e) Issuance of the Permit: Following approval by the Commission, the administrative official shall not issue the permit until the expiration of the fifteen (15) [ -] day appeal period contained in KMC 14.20.290. After approval by the Commission and before the issuance of the permit, the administrative official must determine that the applicant is current on all obligations (e.g., sales tax, property tax, lease payments, utility payments) to the city or has entered into an approved payment plan with the city on any obligations owed and the applicant is in compliance with the payment plan and (if the permit is for a use required to collect sales tax) must show a valid borough sales tax account. If a timely appeal is filed pursuant to KMC 14.20.290, the permit shall not be issued unless authorized by the Board of Adjustment. Yearly Reports: The permit holder shall submit a yearly report between October 1st and December 31st to the administrative official. Such report shall include a summary of the on -site activity. Revocation for Noncompliance /Compliance Notices: If the Commission determines, based on the yearly review or any other investigation undertaken by the official, that the conduct of the operation(s) is not in compliance with: 1) the terms and conditions of the permit; 2) the provisions of the Kenai Zoning Code; 3) or that the permit holder is not current on any obligations (e.g. sales tax, property tax, utility payments, lease payments) to the city unless the applicant has entered into an approved payment with the city on any obligations owed and the applicant is in compliance with the payment plan, the Commission may revoke the permit. The Commission shall not revoke the permit until the permit holder has been notified and given reasonable opportunity to correct the deficiency(s) or to provide information relating to or rebutting the alleged deficiency(s). Appeals from decisions under this section shall be made in accordance with the provisions of KMC 14.20.290. If the administrative official determines the permit holder is in compliance with the conditions in this paragraph, it shall send a notice of compliance to the Commission and the permit holder. (h) Modification of Final Approval: (1) An approved conditional use permit may, upon application by the permittee, be modified by the Planning and Zoning Commission; (a) When changed conditions cause the conditional use to no longer conform to the standards for its approval; New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2565 -2011 Page 4 of 22 (b) To implement a different development plan conforming to the standards for its approval. (2) The modification application shall be subject to a public hearing and the appropriate [A FILING] fee as set forth in the City's schedule of fees adopted by the City Council in order to help cover the costs of the public hearing notice. (i) Expiration— Extensions — Transferability: (1) An approved conditional use permit lapses twelve (12) months after approval if no building permit is procured or if the allowed use is not initiated. (2) The Commission may grant time extensions not to exceed six (6) months each upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. A request for an extension must be submitted prior to the expiration of the permit. A public hearing shall not be required prior to granting an extension of time. (3) A conditional use permit shall automatically expire if for any reason the conditioned use ceases for a period of one (1) year or longer. (4) A conditional use permit is not transferable from one (1) parcel of land to another. Conditional use permits may be transferred from one (1) owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained. (j) A proposed conditional use permit shall not be considered if a substantially similar conditional use permit has been considered and denied within the nine (9) months immediately preceding Section 4. Amendment of Section 14.20.151 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.151, Application for conditional use permit for surface extraction of natural resources, is hereby amended as follows: 14.20.151 Application for conditional use permit for surface extraction of natural resources. An application for a conditional use permit to engage in the surface extraction of natural resources shall be in writing on a form supplied by the City of Kenai and shall be filed with the administrative official, along with the appropriate [REQUISITE] fee[S] as set forth in the City's schedule of fees adopted by the City Council. All applications shall be accompanied by the following documents and information: (a) A site plan, drawn to scale, containing the following: (1) Graphic (and legal) description of the proposed area, including dimensions in feet and number of acres or square feet; (2) Existing topographical contours with not less than ten foot (10') contour intervals; New Text Underlined' [DELETED TEXT BRACKETED] Ordinance No. 2565 -2011 Page 5 of 22 (3) Proposed finished topographical contours (when extraction is completed) with not less than ten foot (10') contour intervals; (4) Existing and proposed buildings and structures on the site; (5) Principal access points which will be used by trucks and equipment, including ingress and egress points and internal circulation, especially the haul road from the public road to the proposed site of the pit; (6) Indication of the existing landscape features, including cleared areas, wooded areas, streams, lakes, marsh areas, and so forth; (7) Location and nature of other operations, if any, which are proposed to take place on the site. (b) A narrative statement containing the following information: (1) Soil surveys with reference to the average year -round water table throughout the entire acreage. Piezometers may be used to determine an average water depth; (2) Estimated amount of material to be removed from the site over the entire period of operation; (3) Estimated length of time to complete the operation, or, if the pit is to be operated on a continuing basis, a statement to that effect; (4) Proposed hours of operation; (5) Method of fencing or barricading the petition area to prevent casual access; (6) Amount and location of natural screening provided by trees and vegetation, if any, between the property lines and the proposed site of the pit; (7) Plans, if any, to construct artificial screening; (8) Description of operations or processing which will take place on the site during and after the time the material is extracted; (9) Plan or program for regarding and shaping the land for future use; (10) Method of backfilling and /or replacing topsoil; (11) Proposed future use of the land after resources are extracted, including a proposed development plan showing location of houses, parks, lakes, etc.; (12) Other information which may pertain to the particular site. (c) Proof that the applicant has obtained or is eligible to obtain the necessary licenses required by state or federal agencies. (d) Proof that the applicant is the owner of the subject property. Section 5. Amendment of Section 14.20.185 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.185, Encroachment permits, is hereby amended as follows: New Text Underlined* [DELETED TEXT BRACKETED] Ordinance No. 2565 -2011 Page 6 of 22 14.20.185 Encroachment permits. (a) Definitions. "Encroachment" means any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. (b) Intent. An encroachment permit is the relaxation of the development requirements of this chapter to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions. (c) Permit Application. An application for an encroachment permit shall be filed in writing with the City Planning Department and signed by the owner of the property concerned or representative of the owner. A nonrefundable fee [OF ONE HUNDRED DOLLARS ($100.00)] as set forth in the City's schedule of fees adopted by the City Council shall be paid to the City of Kenai at the time the permit application is filed. (1) The application shall contain the following: (A) A legal description of the property involved; (B) Plans showing the location of all existing buildings, rights -of -way or easements, setbacks, elevations, and any data pertinent to the application. (d) Review Criteria. The Planning Department shall submit the application to the Planning Commission for review and public hearing. The Planning Commission shall establish a finding that all of the conditions set forth in subsections (d)(1) through (d)(4) of this section have been found to exist before issuing an encroachment permit. (1) An encroachment as defined in KMC 14.20.185(a) exists. (2) The encroachment does not encroach upon a Federal, State or City right - of -way or utility easement. (3) The issuance of the encroachment permit will not authorize a use which is not a principal permitted use in the zoning district in which the property is located. (4) The encroachment is not located across a platted lot line. (e) (f) Public Hearing. The public hearing and notification procedure for an encroachment permit application shall be accomplished in accordance with the requirements of this chapter. Unauthorized Encroachments. Unauthorized encroachments shall be immediately removed by the owner upon being given notice by the City. Notice shall consist of a written letter, sent by certified mail return receipt requested, or by personal service, explaining the violation and allowing twenty (20) days to remove the encroachment. New Text Underlined; [DELETED TEXT BRACKETED Ordinance No. 2565 -2011 Page 7 of 22 (g) Expiration of Permit. Permits shall expire automatically upon termination or interruption of the use; damage to the building, structure, or object which makes it uneconomic to repair the building, structure, or object; or, the expiration of the useful life of the building, structure, or object, whichever comes first. [(h) RIGHT TO APPEAL. ANY REVOCATION, SUSPENSION, OR DENIAL OF AN ENCROACHMENT PERMIT BY THE PLANNING COMMISSION MAY BE APPEALED TO THE CITY COUNCIL BY FILING A WRITTEN NOTICE OF APPEAL WITH THE CLERK AND STATING THE GROUNDS FOR SUCH APPEAL. THE APPEAL NOTICE SHALL BE FILED WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF THE REVOCATION, SUSPENSION, OR DENIAL OF THE REQUEST FOR THE ENCROACHMENT PERMIT. ALL NOTICES OF APPEAL MUST COMPLY WITH SECTION 14.20.2901 (hill) Administrative Exemption. The Administrative Official may grant an encroachment permit without a public hearing if the total encroachment, inclusive of all front, rear and side setbacks, does not exceed twelve inches (12 "); and provided that: (1) The allowed encroachment on any one (1) front, rear or side setback may not exceed ten percent (10 %) of the setback as contained in the Development Requirements Table, or twelve inches (12 "), whichever is less; and (2) The Administrative Official finds that the review criteria in KMC 14.20.185(d) are met. Section 6. Amendment of Section 14.20.220 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.220, Signs, is hereby amended as follows: 14.20.220 Signs. (a) General Requirements. (1) A permit shall be obtained from the administrative official prior to the installation of any sign, nameplate, advertising sign or advertising structure except as provided in subsection (c) of this section. Construction and erection of signs shall be in accordance with this chapter, with Appendix H of the International Building Code and with the National Electrical Code, except that temporary signs need not be constructed according to Appendix H of the International Building Code. (2) When a building permit is obtained for the construction of a building, signs for that building that conform to this Code shall be considered as part of the valuation of that building. The fee for signs not covered by a building permit shall be jSET AS PROVIDED BY KMC 7.15.100] set forth in the City's schedule of fees adopted by the City Council. (3) A permit for a commercial advertising sign shall be issued only if the sign will be located on the premises advertised, or on the common property New Text Underlined. [DELETED TEXT BRACKETED] Ordinance No. 2565 -2011 Page 8 of 22 available for such purposes to all commercial occupants of a multiple commercial development such as malls. (4) Penalties for violations of this section shall be as set forth in KMC 14.20.260(e). (5) If any of the provisions of this Code hereby adopted conflict with Appendix H of the International Building Code adopted by reference, the provisions of this Code will prevail. (6) Signs shall be erected and maintained plumb, level, and true and kept repaired, painted, and maintained. (7) The Building Official shall determine the area of all signs and shall classify all signs. (8) Existing signs for which no permit was obtained. When the owner of record of a lot or lessee of a lot on which a sign or signs are located that do not conform to the provisions of this Code has been notified that such sign or signs are nonconforming, the owner shall make the sign or signs conforming within ten (10) days from the date of such notice or remove the sign. (9) Relief from the provisions of this section may be provided by a variance as prescribed under KMC 14.20.180. (10) A permit issued under the provisions of this section shall become null and void if the sign erection or other work authorized by such permit is not commenced within ninety (90) days of the date of issuance, or if the sign display or work authorized by such permit is suspended or abandoned for a period of ninety (90) days any time after the display or work is commenced. (11) The City of Kenai or any other governmental agency may erect on- premises public informational signs as otherwise allowed in this section. Signs not otherwise in compliance with this section may be allowed by variance under KMC 14.20.180. For purposes of this section, legal notices, or signs directing or regulating pedestrian or vehicular traffic or public safety signs are not considered public informational signs. (b) Residential Zones. For the purposes of this section, the following shall be considered residential zones: RR, RS, RR -1, RS -1, RS -2, R and TSH. Signs are allowed in the residential zones as follows: (1) Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet, containing noncommercial messages or used to advertise the sale or lease of the property on which it is located. (C) Traditional holiday decorations. (D) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name and street number. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2565 -2011 Page 9 of 22 (E) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (F) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property sale," "open house" or "lemonade" may be displayed for one week. Such signs must display the name, address and telephone of an adult person conducting /supervising such sale and must be dated. (G) Signs erected on a lot or lots screened or fenced so that no part is visible from a public right -of -way or another lot. (H) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architect, engineer, contractor, or builder or which denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be no more than thirty -two (32) square feet in size and no more than one such sign shall be permitted for each architect or engineering firm, contractor, builder, owner, or denoting the name, use, and occupants -to -be of the structure. Any of these may be combined on one or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the project is completed. (I) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (J) Events Signs. Unlighted signs of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. (K) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. (2) Allowed Signs Requiring a Permit. (A) Signs Identifying a Home Occupation. One (1) sign per use not exceeding five (5) square feet. Such sign shall be no closer than ten feet (10') to any property line or shall be flat against the building. No lighting is permitted. New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2565 -2011 Page 10 of 22 (3) (B) Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the premises shall be permitted for churches, schools, community centers and public, charitable or institutional uses. Such signs shall contain no more than thirty -two (32) square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet (10') from the street lot line; may be indirectly illuminated. (C) Signs for Other Allowed and Conditional Uses. One (1) sign per use not to exceed thirty -two (32) square feet in area for multifamily dwellings, clubs, professional offices, churches, and other similar uses. Such signs shall be no closer than ten feet (10') to any property line or shall be flat against the building. (D) Signs for Nonconforming Uses. A nonconfoiining use in a residential zone may have one (1) sign per property, unlighted, and no larger than thirty -two (32) square feet in area. Such signs shall be no closer than ten feet (10') to any property line or shall be flat against the building. (E) A permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed thirty -two (32) square feet. Any illumination shall be by indirect means. Prohibited Signs. (A) Audio signs. (B) Beacon signs. (C) Unauthorized signs in the right -of -way or on city property. Such signs may be removed and disposed of without notice. (D) Signs that are higher than thirty -two feet (32') above the adjacent ground or pavement level. (E) Signs containing profane or indecent words or illustrations. (F) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (G) Signs placed on trailers or vehicles, which as parked or located are designed to primarily [TO] display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles operated in the normal course of business. (H) Flashing or intermittent illumination are not permitted. (I) Balloons or other inflatable or gas - filled figures or signs. (J) Signs not mentioned in the code are prohibited. (K) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost. New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2565 -2011 Page 11 of 22 (L) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right -of -way lines. (M) No off - premises commercial advertising signs, including billboards, except as allowed in subsection (b)(1)(F) of this section, or at an outdoor sporting event, sports facility, or sports field. (N) Portable signs. (0) Fence signs. (c) Commercial, Industrial Zones and Education Zones. For purposes of this section, the following districts shall be considered commercial districts: CC, CG, IL, IH and ED. Signs are allowed in these districts as follows: (1) Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet containing noncommercial messages. (C) Traditional holiday decorations. (D) Temporary banners of not more than thirty -two (32) square feet. No temporary banners shall be installed or placed for a period to exceed thirty (30) days in any ninety (90) day period. (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (G) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property for sale," "open house," or "lemonade" may be displayed for one (1) week. Such signs must display the name, address and telephone number of an adult person conducting /supervising such sale and must be dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right -of -way or another lot. (1) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering firm, contractor or builder that denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be thirty-two (32) square feet or less in size and no more than one (1) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants -to -be of the structure. Any of these may be combined on one (1) or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. New Tex[ Underlined; [DELETED TEXT BRACKETED Ordinance No. 2565 -2011 Page 12 of 22 (3) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a. commercial promotion or as an advertising device. (K) Event Signs. One (1) unlighted sign of up to thirty-two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement. (L) Real estate signs of thirty -two (32) square feet or less used to advertise the sale or lease of the property on which the sign is located. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other signs allowed. (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election_ If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. (2) Allowed Signs Requiring a Permit. (A) One (1) freestanding or marquee per premises of not more than one hundred twenty (120) square feet. Where there is more than one (1) business on a premises a combined freestanding or marquee sign of not more than two hundred (200) square feet. (B) One (1) roof sign of not more than sixty-four (64) square feet. Where there is more than one (1) business on a premises, a combined roof sign of not more than one hundred twenty -eight (128) square feet. (C) Rotating signs are allowed, but may not exceed the square footage set forth above. (D) Real estate signs larger than thirty -two (32) square feet advertising the sale or lease of the property on which the sign is located. (E) Fence signs of not more than sixty -four (64) square feet. Where there is more than one (1) business on the premises, fence signs may not exceed one hundred twenty -eight (128) square feet. (3) Prohibited Signs. (A) Audio signs. (B) Beacon signs. New Text Underlined. [DELETED TEXT BRACKETED] Ordinance No. 2565 -2011 Page 13 of 22 (d) Limi (1) (C) Unauthorized sign in the right -of -way or on City property. Such signs may be removed and disposed of without notice. (D) Portable changeable letter electric or nonelectric signs. (E) Signs, other than roof signs, which are higher than thirty -two feet (32') above the adjacent ground or pavement level. No roof sign shall be higher than eight feet (8') above the roof on which it is placed. (F) Signs containing profane or indecent words or illustrations. (G) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals or reception. (H) Signs placed on trailers or vehicles, which as parked or located are designed primarily to display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles, operated in the normal course of business. (I) Flashing or intermittent illumination signs are not permitted except time and temperature, automatic changing message signs and traditional holiday decorations. (J) Balloons or other inflatable or gas - filled figures or signs. (K) Signs not mentioned in this code are prohibited. (L) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, or to any public sign or signpost. (M) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right -of -way lines. (N) No off - premises commercial advertising signs, including billboards, except as allowed under subsection (c)(1)(G) of this section, or at an outdoor sporting event, sports facility or sports field. ed Commercial Zone. Signs are allowed as follows: Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet containing noncommercial messages. (C) Traditional holiday decorations. (D) Temporary banners of not more than thirty -two (32) square feet. No temporary banners shall be installed or placed for a period to exceed thirty (30) days in any ninety (90) day period. (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2565 -2011 Page 14 of 22 (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (G) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property for sale," "open house," or "lemonade" may be displayed for one (1.) week. Such signs must display the name, address and telephone number of an adult person conducting/ supervising such sale and must be dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right -of -way or another lot. (I) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering firm, contractor or builder that denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be thirty -two (32) square feet or less in size and no more than one (1) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants -to -be of the structure. Any of these may be combined on one (1) or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. (J) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (K) Event Signs. One (1) unlighted sign of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement. (L) Real estate signs of thirty -two (32) square feet or less used to advertise the sale or lease of the property on which the sign is located. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other signs allowed. (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided, that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2565 -2011 Page 15 of 22 remove them and the candidate, organization, or person who caused the sign to be placed may be charged for the removal. (2) Allowed Signs Requiring a Permit. (A) One (1) freestanding or marquee per lot of not more than thirty - two (32) square feet. (B) Signs Identifying a Home Occupation. One (1) sign per use not exceeding five (5) square feet. Such sign shall be no closer than ten feet (10') to any property line or shall be flat against the building. No lighting is permitted. (C) Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the premises shall be permitted for churches, schools, community centers and public, charitable or institutional uses. Such signs shall contain no more than thirty -two (32) square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet (10') from the street lot line; may be indirectly illuminated. (D) A permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed thirty -two (32) square feet. Any illumination shall be by indirect means. (3) Prohibited Signs. (A) Audio signs. (B) Beacon signs. (C) Roof signs. (D) Unauthorized signs in the right -of -way or on city property. Such signs may be removed and disposed of without notice. (E) Signs that are higher than ten feet (10') above the adjacent ground or pavement level. (F) Signs containing profane or indecent words or illustrations. (G) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (H) Signs placed on trailers or vehicles, which as parked or located are designed to primarily [TO] display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles operated in the normal course of business. (I) Flashing or intermittent illumination are not permitted. (J) Balloons or other inflatable or gas - filled figures or signs. (K) Signs not mentioned in the code are prohibited. (L) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost. New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2565 -2011 Page 16 of 22 (e) (1) (M) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right -of -way lines. (N) No off - premises commercial advertising signs, including billboards, except as allowed in subsection (b)(1)(F) of this section, or at an outdoor sporting event, sports facility, or sports field. (0) Portable signs. Signs Allowed in the Conservation Zone. Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. Central Mixed Use Zone. Signs are allowed as follows: (1) Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet containing noncommercial messages. (C) Traditional holiday decorations. (D) Temporary banners of not more than thirty -two (32) square feet. No temporary banners shall be installed or placed for a period to exceed thirty (30) days in any ninety (90) day period. (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (G) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property for sale," "open house," or "lemonade" may be displayed for one (1) week. Such signs must display the name, address and telephone number of an adult person conducting/ supervising such sale and must be dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right -of -way or another lot. (I) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering firm, contractor or builder that denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be thirty -two (32) square feet or less in size and no more than one (1) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants -to -be of the structure. Any of these may be combined on one (1) or more signs but the total square footage of the sign or signs shall not exceed New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2565 -2011 Page 17 of 22 that set out above. All construction signs shall be removed when the construction is completed. (J) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (K) Event Signs. One (1) unlighted sign of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement. (L) Real estate signs of thirty -two (32) square feet or less used to advertise the sale or lease of the property on which the sign is located. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other, signs allowed. (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. (2) Allowed Signs Requiring a Permit. (A) One (1) freestanding or marquee per lot of not more than one hundred twenty (120) square feet. Where there is more than one (1) business on a premises, a combined freestanding or marquee sign of not more than two hundred (200) square feet. (B) Signs Identifying a Home Occupation. One (1) sign per use not exceeding five (5) square feet. Such sign shall be no closer than ten feet (10') to any property line or shall be flat against the building. No lighting is permitted. (C) Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the premises shall be permitted for churches, schools, community centers and public, charitable or institutional uses. Such signs shall contain no more than thirty -two (32) square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet (10') from the street lot line; may be indirectly illuminated. (D) A permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision. New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2565 -2011 Page 18 of 22 (g) (3) Such sign shall not exceed thirty -two (32) square feet. Any illumination shall be by indirect means. Prohibited Signs. (A) Audio signs. (B) Beacon signs. (C) Fence signs. (D) Roof signs. (E) Rotating signs. (F) Unauthorized signs in the right -of -way or on city property. Such signs may be removed and disposed of without notice. (G) Signs that are higher than twenty feet (20') above the adjacent ground or pavement level. (H) Signs containing profane or indecent words or illustrations. (I) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (J) Signs placed on trailers or vehicles, which as parked or located are designed to primarily [TO] to display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles operated in the normal course of business. (K) Flashing or intermittent illumination are not permitted. (L) Balloons or other inflatable or gas - filled figures or signs. (M) Signs not mentioned in the code are prohibited. (N) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost. (0) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right -of -way lines. (P) No off - premises commercial advertising signs, including billboards, except as allowed in subsection (f)(1)(G) of this section, or at an outdoor sporting event, sports facility, or sports field. (Q) Portable signs. Nonconforming Signs. (1) After the enactment of this section, signs located within the City of Kenai on the effective date of this section that do not conform to the requirements of this code shall be classified as legal "nonconforming" signs if the sign was in compliance with applicable law on the date of adoption of this code. (2) A legal nonconforming sign shall immediately lose its legal nonconforming designation if: (A) The sign is altered in any way in structure which tends to increase its nonconformity with the requirements of this code; New Text Underlined' [DELETED TEXT BRACKETED Ordinance No. 2565 -2011 Page 19 of 22 (B) The sign structure is relocated; (C) The sign (except for copy on a changeable copy sign) is replaced. Upon the occurrence of subsection (g)(2)(A), (g)(2)(B) or (g)(2)(C) of this section, the sign shall be immediately brought into compliance with this code with a new permit secured or it shall be removed. (h) Specific Definitions Pertaining to Signs. (1) "Applicant" means any for - profit or nonprofit enterprise, or organization, or any individual not acting on behalf of such an enterprise or organization. (2) "Audio sign" means a sign that emits a noise or sound, either spoken words, music, or singing. (3) "Banner" means a sign construction of flexible material, such as cloth, which moves upon being subjected to pressure by the wind. (4) "Beacon sign" means a light with one (1) or more beams capable of being directed in any direction or directions or capable of being revolved. (5) "Combination sign" means a sign incorporating any combination of the features of pole, projecting, and roof signs. (6) "Curb line" means the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the City Engineer. (7) "Display surface" means the area made available by the sign structure for the purpose of displaying the advertising message. (8) "Electric sign" means any sign containing electrical wiring, but does not include signs illuminated by an exterior light source. (9) "Fence sign" means a sign other than a real estate or home occupation sign displayed upon fences or upon walls that are not an integral part of a building or walls that are used as fences. (10) "Fin sign" means a sign that is supported wholly by a building or partly by poles and partly by a building. (11) "Ground sign" means a sign which is supported by one (1) or more uprights, poles, or braces in or upon the ground other than a combination sign, fin sign, or pole sign as defined by this code. (12) "Legal setback line" means a line established by ordinance beyond which a building may not be built. A legal setback line may be a property line. (13) "Marquee" means a permanent weatherproof structure attached to, supported by a building, and projecting from the wall of the building. (14) "Pole sign" means a sign wholly supported by a sign structure in the ground. (15) "Political sign" means a sign promoting a candidate for political office, or promoting any position on a ballot proposition. (16) "Portable display surface" means a display surface temporarily fixed to a standardized advertising structure that is regularly moved from structure to structure at periodic intervals. New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2565 -2011 Page 20 of 22 (17) "Portable sign" means a sign other than a temporary sign that is not attached to any building or structure. It may readily be moved from one (1) location to another. It is designed to rest on the ground when displayed and may be with or without its own wheels. It may or may not be lighted. (18) "Projecting sign" means a sign other than a wall sign, which projects from and is supported by a wall of a building or structure. (19) "Real estate sign" means a sign advertising the sale, lease or rent of one (1) or more lots or acreage or the improvements thereon by a real estate company or individual licensed by the State of Alaska. (20) "Roof sign" means a sign erected upon or above a roof or parapet of a building or structure. (21) "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trade marks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product which are visible from any public street or highway and used to attract attention. (22) "Sign structure" means a structure that supports or is capable of supporting any sign as defined in this code. A sign structure may be a single pole or poles and may or may not be an integral part of a building. (23) "Temporary sign" means any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without frames, designed to be displayed for a limited period of time only. (24) "Wall sign" means any sign attached to, painted on, or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the said wall. Section 7. Amendment of Section 14.20.270 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.270, Amendment procedures, is hereby amended as follows: 14.20.270 Amendment procedures. (a) Intent. This section shall govern any amendment to the Kenai Zoning Code and Official Map. (b) Initiation of Zoning Code and Official Map Amendments. (1) Amendments to the Kenai Zoning Code and Official Map may be initiated by: (A) Kenai City Council; (B) Kenai Planning and Zoning Commission; (C) Submission of a petition by a majority of the property owners in the area to be rezoned; New Text Underlined; DELETED TEXT BRACKETED Ordinance No. 2565 -2011 Page 21 of 22 (c) (D) Submission of a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; (E) Submission of a petition as provided by the Home Rule Charter of the City of Kenai. (2) Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley rights -of -way) unless the amendment enlarges an adjacent district boundary. (3) A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. (4) The zoning amendment request shall include the names and addresses of the applicant, a map showing the area involved, the present and proposed zoning, a non- refundable [DEPOSIT /ADVERTISING] fee as set forth in the City's schedule of fees adopted by the City Council, and any other pertinent information requested by the City. Amendment Procedure: (1) A completed application, as described in this section, shall be submitted to the administrative official. The administrative official shall schedule a public hearing and make notification arrangements. (2) The Commission shall hold a public hearing in accordance with the requirements of this chapter. (3) The Commission shall, upon public hearing, forward its written recommendation to the Kenai City Council, along with all certified minutes and public records relating to the proposed amendment. (4) The Kenai City Council in accordance with the provisions of the Kenai Municipal Code, may or may not adopt the amendment as a City ordinance. Section 8. 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 9. Effective Date: Pursuant to KMC 1.15.070(1), this ordinance shall take effect one month after adoption. New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2565 -2011 Page 22 of 22 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of July, 2011. ATTEST: Corene Hall., Deputy City Clerk PAT PORTER, MAYOR Introduced: June 15, 2011 Adopted: July 6, 2011 Effective: August 6, 2011 New Text Underlined• [DELETED TEXT BRACI {ETED' /IKIlaye with a Past, Gity with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 - 7794.-0 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1 I I I I I 1992 MEMO: TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration's DATE: June 6, 2011 SUBJECT: Ordinance No. 2565 -2011 — Amending Title 14 On February 2, 2011, Ordinance No 2528 -2011 was adopted by Council. This ordinance was a broad amendment to several chapters of the City code wherein fees were referenced. The ordinance removed specific dollar amounts and instead references fees as set forth in a City Fee Schedule. This ordinance included sections of Chapter 14, Planning and Zoning. However, after reviewing the amendment, it was discovered there were several references to fees that were not included in Ordinance No. 2528 -2011. This has resulted in an inconsistency in the amount of fees being charged for permits. For example under the new fee schedule, a Variance or Rezone permit costs $125 while an Encroachment continues at $100. Ordinance No 2565 -2011 will remove the inconsistency and place all fees in the comprehensive fee schedule. If Council adopts the ordinance, a resolution to update the Fee Schedule will be forthcoming. Included in the proposed amendment are technical changes and corrections identified while preparing the ordinance including incorrect capitalization and missing or extra words. The amendment also deletes the appeal section in 14.20.185 — Encroachment Permits. Removing this section provides consistency with other sections of Title 14 which provides for appeals under KMC 14.20.290. Removing the section also eliminates an error to the number of days to appeal a decision. This section was amended in 2000 from 30 to 15 days. The Planning & Zoning Commission held a public hearing on May 25th and unanimously recommended Council amend Title 14 as identified in Ordinance No. 2565 -2011. CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ11 -16 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE TITLE 14, PLANNING AND ZONING TO CLARIFY WHAT RATES, CHARGES, AND FEES ARE DUE AS SET FORTH IN THE CITY'S FEE SCHEDULE AND MAKING TECHNICAL CHANGES AND CORRECTIONS, INCLUDING REMOVING THE APPEAL SECTION FOR ENCROACHMENT PERMITS AT KMC 14.20.185, TO CLARIFY THAT APPEALS ARE SUBJECT TO THE PROCESS IN KMC 14.20.290. WHEREAS, a comprehensive schedule of fees was initially approved by resolution of the Kenai City Council at Resolution 2011 -20; and, WHEREAS, additional changes are needed in Title 14 to clarify how rates, charges and fees must be paid in conjunction with applications for certain permits such as encroachment permits and variances; and, WHEREAS, changes are also desirable to harmonize the appeals process by making drafting corrections not undertaken when the appeal processes of KMC 14.20.290 were established; and, WHEREAS, it is in the best interests of the City to make additional changes to Title 14 of the Kenai Municipal Code to further its efforts to include all City rates, charges, and fees in a comprehensive fee schedule and to make technical changes and corrections. NOW, THEREFORE, BE IT RESOLVED THAT THE THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMEND KENAI MUNICIPAL CODE TITLE 14, PLANNING AND ZONING as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 14.05.020 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.05.020, Fees, is hereby amended as follows: 14.05.020 Fees. In order to defray the expenses connected with the consideration of applications for amendment to the Kenai Zoning Code or Official Map and with the consideration of applications for [VARIANCES AND CONDITIONAL USE] permits, the person presenting the application shall pay to the City a fee in an amount as set forth in the City's ew Text Underlined; [DELETED TEXT BRACKETED] Resolution PZI 14 6 - Page 1 schedule of fees adopted by the City Council. Whether an application is granted or denied by the Commission, the petitioner or applicant shall not be entitled to the return of the fee paid. Section 3. Amendment of Section 14.20.150 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.150, Conditional Use Permits, is hereby amended as follows: 14.20.150 Conditional use permits. (a) Intent: It is recognized that there are some uses that may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission may permit this type of use if the conditions and requirements listed in this chapter are met. The allowed uses are listed in the Land Use Table. Before a conditional use peiuiit may be granted, the procedures specified in this chapter must be followed. (b) Applications: Applications for a conditional use permit shall be filed in writing with the Planning Department. The application shall include, but is not limited to, the following: (1) Name and address of the applicant; (2) Verification by the owner of the property concerned if other than the applicant; (3) A legal description of the property involved; (4) A description of the proposed use; (5) Dimensioned plot plans showing the location of all existing and proposed buildings or alteration, and such data as may be required; and (6) The appropriate fee as set forth in the City's schedule of fees adopted by the City Council. (c) Public Hearing: If the application is in order, a public hearing shall be scheduled in accordance with the requirements of KMC 14.20.280 of this title. (d) Review Criteria: Prior to granting a conditional use permit, it shall be established that the use satisfies the following conditions: (1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; (2) The value of the adjoining property and neighborhood will not be significantly impaired; (3) The proposed use is in harmony with the Comprehensive Plan; (4) Public services and facilities are adequate to serve the proposed use; (5) The proposed use will not be harmful to the public safely, health or welfare; (6) Any and all specific conditions deemed necessary by the [c]Commission to fulfill the above - mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. (e) Issuance of the Permit: Following approval by the Commission, the administrative official shall not issue the permit until the expiration of the New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ11 -16 - Page 2 fifteen (15) [ -]day appeal period contained in KMC 14.20.290. After approval by the Commission and before the issuance of the permit, the administrative official must determine that the applicant is current on all obligations (e.g., sales tax, property tax, lease payments, utility payments) to the city or has entered into an approved payment plan with the city on any obligations owed and the applicant is in compliance with the payment plan and (if the permit is for a use required to collect sales tax) must show a. valid borough sales tax account. If a timely appeal is filed pursuant to KMC 14.20.290, the permit shall not be issued unless authorized by the Board of Adjustment. (f) Yearly Reports: The permit holder shall submit a yearly report between October 1st and December 31st to the administrative official. Such report shall include a summary of the on -site activity, (g) Revocation for Noncompliance /Compliance Notices: If the Commission determines, based on the yearly review or any other investigation undertaken by the official, that the conduct of the operation(s) is not in compliance with: 1) the terms and conditions of the permit; 2) the provisions of the Kenai Zoning Code; 3) or that the permit holder is not current on any obligations (e.g. sales tax, property tax, utility payments, lease payments) to the city unless the applicant has entered into an approved payment with the city on any obligations owed and the applicant is in compliance with the payment plan, the Commission may revoke the permit. The Commission shall not revoke the permit until the permit holder has been notified and given reasonable opportunity to correct the deficiency(s) or to provide information relating to or rebutting the alleged deficiency(s). Appeals from decisions under this section shall be made in accordance with the provisions of KMC 14.20.290. If the administrative official determines the permit holder is in compliance with the conditions in this paragraph, it shall send a notice of compliance to the Commission and the permit holder. (h) Modification of Final Approval: (1) An approved conditional use permit may, upon application by the permittee, be modified by the Planning and Zoning Commission; (a) When changed conditions cause the conditional use to no longer conform to the standards for its approval; (b) To implement a. different development plan conforming to the standards for its approval. (2) The modification application shall be subject to a public hearing and the appropriate [A FILING] fee as set forth in the City's schedule of fees adopted by the City Council in order to help cover the costs of the public hearing notice. (1) Expiration—Extensions—Transferability: (1) An approved conditional use permit lapses twelve (12) months after approval if no building permit is procured or if the allowed use is not initiated. (2) The Commission may grant time extensions not to exceed six (6) months each upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. A request for an extension must be submitted prior to the expiration of the permit. A public hearing shall not be required prior to granting an extension of time. New Text 'Undo eft [DELETED TEXT BRACKETED] Resolution PZI1 -16 - Page 3 (3) A conditional use penult shall automatically expire if for any reason the conditioned use ceases for a period of one (1) year or longer. (4) A conditional use permit is not transferable from one (1) parcel of land to another. Conditional use permits may be transferred from one (1) owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained. (j) A proposed conditional use permit shall not be considered if a substantially similar conditional use permit has been considered and denied within the nine (9) months immediately preceding. Section 4. Amendment of Section 14.20.151 of the Kenai Municipal Code: The Kenai Municipal. Code, Section 14.20.151, Application for conditional use permit for surface extraction of natural resources, is hereby amended as follows: 14.20.151 Application for conditional use permit for surface extraction of natural resources. An application for a conditional use permit to engage in the surface extraction of natural resources shall be in writing on a form supplied by the City of Kenai and shall be filed with the administrative official, along with the appropriate [REQUISITE] fee[S] as set forth in the City's schedule of fees adopted by the City Council. All applications shall be accompanied by the following documents and information: (a) A site plan, drawn to scale, containing the following: (1) Graphic (and legal) description of the proposed area, including dimensions in feet and number of acres or square feet; (2) Existing topographical contours with not less than ten foot (10') contour intervals; (3) Proposed finished topographical contours (when extraction is completed) with not less than ten foot (10') contour intervals; (4) Existing and proposed buildings and structures on the site; (5) Principal access points which will be used by trucks and equipment, including ingress and egress points and internal circulation, especially the haul road from the public road to the proposed site of the pit; (6) Indication of the existing landscape features, including cleared areas, wooded areas, streams, lakes, marsh areas, and so forth; (7) Location and nature of other operations, if any, which are proposed to take place on the site. (b) A narrative statement containing the following information: (1) Soil surveys with reference to the average year -round water table throughout the entire acreage. Piezometers may be used to determine an average water depth; (2) Estimated amount of material to be removed from the site over the entire period of operation; (3) Estimated length of time to complete the operation, or, if the pit is to be operated on a continuing basis, a. statement to that effect; (4) Proposed hours of operation; (5) Method of fencing or barricading the petition area to prevent casual access; Text Underlined' [DELETED TEXT BRACKETED] Resolution PZ11 -16 - Page 4 (6) Amount and location of natural screening provided by trees and vegetation, if any, between the property lines and the proposed site of the pit; (7) Plans, if any, to construct artificial screening; (8) Description of operations or processing which will take place on the site during and after the time the material is extracted; (9) Plan or program for regarding and shaping the land for future use; (10) Method of hackfiliing and /or replacing topsoil; (1 1) Proposed future use of the land after resources are extracted, including a proposed development plan showing location of houses, parks, lakes, etc.; (12) Other information which may pertain to the particular site. (c) Proof that the applicant has obtained or is eligible to obtain the necessary licenses required by state or federal agencies. (d) Proof that the applicant is the owner of the subject property. Section 5. Amendment of Section 14.20.185 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.185, Encroachment permits, is hereby amended as follows: 14.20.185 Encroachment permits. (a) Definitions. "Encroachment" means any object or structure above or below ground and constructed or located in a. manner other than set forth in the Development Requirements Table. (b) Intent. An encroachment penult is the relaxation of the development requirements of this chapter to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions. (c) Permit Application. An application for an encroachment permit shall be filed in writing with the City Planning Department and signed by the owner of the property concerned or representative of the owner. A nonrefundable fee [OF ONE HUNDRED DOLLARS S ($100.00)) as set forth in the City's schedule of fees adopted by the City Council, shall be paid to the City of Kenai at the time the permit application is filed. (1) The application shall contain the following: (A) A legal description of the property involved; (B) Plans showing the location of all existing buildings, rights -of -way or easements, setbacks, elevations, and any data pertinent to the application. (d) Review Criteria. The Planning Department shall submit the application to the Planning Commission for review and public hearing. The Planning Commission shall establish a finding that all of the conditions set forth in subsections (d)(1) through (d)(4) of this section have been found to exist before issuing an encroachment permit. (1) An encroachment as defined in KMC 14.20.185(a) exists. (2) The encroachment does not encroach upon a Federal, State or City right- of-way or utility easement. New Text Underlined' [DELETED TEXT BRACKETED] Resolution PZI1 -16 - Page 5 (3) The issuance of the encroachment permit will not authorize a use which is not a principal permitted use in the zoning district in which the property is located. (4) The encroachment is not located across a platted lot line. (e) Public Hearing. The public hearing and notification procedure for an encroachment permit application shall be accomplished in accordance with the requirements of this chapter. (f) Unauthorized Encroachments. Unauthorized encroachments shall be immediately removed by the owner upon being given notice by the City. Notice shall consist of a written letter, sent by certified mail return receipt requested, or by personal service, explaining the violation and allowing twenty (20) days to remove the encroachment. (g) Expiration of Permit. Permits shall expire automatically upon termination or interruption of the use; damage to the building, structure, or object which makes it uneconomic to repair the building, structure, or object; or, the expiration of the useful life of the building, structure, or object, whichever comes first. [(h) RIGHT TO APPEAL. ANY REVOCATION, SUSPENSION, OR DENIAL OF AN ENCROACHMENT PERMIT BY THE PLANNING COMMISSION MAY BE APPEALED TO THE CITY COUNCIL BY FILING A WRITTEN NOTICE OF APPEAL WITH THE CLERK AND STATING THE GROUNDS FOR SUCH APPEAL. THE APPEAL NOTICE SHALL BE FILED WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF THE REVOCATION, SUSPENSION, OR DENIAL OF THE REQUEST FOR THE ENCROACHMENT PERMIT. ALL NOTICES OF APPEAL MUST COMPLY WITH SECTION 14.20.290.] ll [(I)] Administrative Exemption. The Administrative Official may grant an encroachment permit without a public hearing if the total encroachment, inclusive of all front, rear and side setbacks, does not exceed twelve inches (12 "); and provided that: (1) The allowed encroachment on any one (1) front, rear or side setback may not exceed ten percent (10 %) of the setback as contained in the Development Requirements Table, or twelve inches (12 "), whichever is less; and (2) The Administrative Official finds that the review criteria in KMC 14.20.185(d) are met. Section 6. Amendment of Section 14.20.220 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.220, Signs, is hereby amended as follows: 14.20.220 Signs. (a) General Requirements. (1) A permit shall be obtained from the administrative official prior to the installation of any sign, nameplate, advertising sign or advertising structure except as provided in subsection (c) of this section. Construction and erection of signs shall be in accordance with this chapter, with Appendix H of the International Building Code and with the National Electrical Code, except that temporary signs need not be constructed according to Appendix H of the International Building Code. (2) When a building permit is obtained for the construction of a building, signs for that building that conform to this Code shall be considered as New Jext Underlined' [DELETED TEXT BRACKETED] Resolution PZ11 -16 -Page 6 part of the valuation of that building. The fee for signs not covered by a building permit shall be [SET AS PROVIDED BY KMC 7.15.1001 set forth in the City's schedule of fees adopted by the City Council. (3) A permit for a commercial advertising sign shall be issued only if the sign will be located on the premises advertised, or on the common property available for such purposes to all commercial occupants of a multiple commercial development such as malls. (4) Penalties for violations of this section shall be as set forth in KMC 14.20.260(e). (5) If any of the provisions of this Code hereby adopted conflict with Appendix H of the International Building Code adopted by reference, the provisions of this Code will prevail. (6) Signs shall be erected and maintained plumb, level, and true and kept repaired, painted, and maintained. (7) The Building Official shah determine the area of all signs and shall classify all signs. (8) Existing signs for which no permit was obtained. When the owner of record of a lot or lessee of a lot on which a sign or signs are located that do not conform to the provisions of this Code has been notified that such sign or signs are nonconforming, the owner shall make the sign or signs conforming within ten (10) days from the date of such notice or remove the sign. (9) Relief from the provisions of this section may be provided by a variance as prescribed under KMC 14.20.180. (10) A permit issued under the provisions of this section shall become null and void if the sign erection or other work authorized by such penult is not commenced within ninety (90) days of the date of issuance, or if the sign display or work authorized by such permit is suspended or abandoned for a period of ninety (90) days any time after the display or work is commenced. (11) The City of Kenai or any other governmental agency may erect on- premises public informational signs as otherwise allowed in this section. Signs not otherwise in compliance with this section may be allowed by variance under KMC 14.20.180. For purposes of this section, legal notices, or signs directing or regulating pedestrian or vehicular traffic or public safety signs are not considered public informational signs. (b) Residential Zones. For the purposes of this section, the following shall be considered residential zones: RR, RS, RR -1, RS -1, RS -2, R and TSH. Signs are allowed in the residential zones as follows: (1) Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet, containing noncommercial messages or used to advertise the sale or lease of the property on which it is located. (C) Traditional holiday decorations. (D) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name and street number. New Text Underlined- [DELETED TEXT BRACKETED Resolution PZI 1 -16 - Page 7 (E) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (F) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property sale," "open house" or "lemonade" may be displayed for one week. Such signs must display the name, address and telephone of an adult person conducting/supervising such sale and must be dated. (G) Signs erected on a lot or lots screened or fenced so that no part is visible from a public right -of -way or another lot. (H) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architect, engineer, contractor, or builder or which denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be no more than thirty -two (32) square feet in size and no more than one such sign shall be pei witted for each architect or engineering firm, contractor, builder, owner, or denoting the name, use, and occupants -to -be of the structure. Any of these may be combined on one or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the project is completed. (I) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (J) Events Signs. Unlighted signs of up to thirty -'two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (1.0) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. (K) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. (2) Allowed Signs Requiring a Permit. (A) Signs Identifying a Home Occupation. One (1) sign per use not exceeding five (5) square feet. Such sign shall be no closer than ten feet (10') to any property line or shall be flat against the building. No lighting is permitted. (13) Bulletin Boards. Bulletin boards or peiuianent changeable letter signs located on the premises shall be permitted for churches, schools, community centers and public, charitable or institutional uses. Such signs shall contain no more than thirty -two (32) New'1'ext Underlined, [DELETED TEXT BRACKETED] Resolution PZ11 -16 - Page 8 square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet (10') from the street lot line; may be indirectly illuminated. (C) Signs for Other Allowed and Conditional Uses. One (1) sign per use not to exceed thirty -two (32) square feet in area for multifamily dwellings, clubs, professional offices, churches, and other similar uses. Such signs shall be no closer than ten feet (10') to any property line or shall be flat against the building. (D) Signs for Nonconforming Uses. A nonconforming use in a residential zone may have one (1) sign per property, unlighted, and no larger than thirty -two (32) square feet in area. Such signs shall be no closer than ten feet (10') to any property line or shall be flat against the building. (E) A permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed thirty -two (32) square feet. Any illumination shall be by indirect means. (3) Prohibited Signs. (A) Audio signs. (B) Beacon signs. (C) Unauthorized signs in the right -of -way or on city property. Such signs may be removed and disposed of without notice. (D) Signs that are higher than thirty -two feet (32') above the adjacent ground or pavement level. (E) Signs containing profane or indecent words or illustrations. (F) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (G) Signs placed on trailers or vehicles, which as parked or located are designed to primarily [TO] display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles operated in the normal course of business. (H) Flashing or intermittent illumination are not permitted. (I) Balloons or other inflatable or gas - filled figures or signs. (J) Signs not mentioned in the code are prohibited. (K) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost. (L) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right -of -way lines. (M) No off - premises commercial advertising signs, including billboards, except as allowed in subsection (b)(1)(F) of this section, or at an outdoor sporting event, sports facility, or sports field. (N) Portable signs. (0) Fence signs. iew Text Underlined' [DELETED TEXT BRACKETED] Resolution PZ11 -16 - Page 9 (c) Commercial, Industrial Zones and Education Zones. For purposes of this section, the following districts shall be considered commercial districts: CC, CG, IL, IH and ED. Signs are allowed in these districts as follows: (1) Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet containing noncommercial messages. (C) Traditional holiday decorations. (D) Temporary banners of not more than thirty -two (32) square feet. No temporary banners shall be installed or placed for a period to exceed thirty (30) days in any ninety (90) day period. (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (G) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property for sale," "open house," or "lemonade" may be displayed for one (1) week. Such signs must display the name, address and telephone number of an adult person conducting /supervising such sale and must be dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right -of -way or another lot. (I) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering Finn, contractor or builder that denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be thirty -two (32) square feet or less in size and no more than one (1) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants -to -be of the structure. Any of these may be combined on one (1) or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. (J) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (K) Event Signs. One (1) unlighted sign of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement. New Text Underline& [DELETED TEXT BRACKETED] Resolution PZI 1 -16 - Page 10 (L) Real estate signs of thirty -two (32) square feet or less used to advertise the sale or lease of the property on which the sign is located. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other signs allowed. (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. (2) Allowed Signs Requiring a Permit. (A) One (1) freestanding or marquee per premises of not more than one hundred twenty (120) square feet. Where there is more than one (1.) business on a premises a combined freestanding or marquee sign of not more than two hundred (200) square feet. (B) One (1) roof sign of not more than sixty -four (64) square feet. Where there is more than one (1) business on a premises, a combined roof sign of not more than one hundred twenty -eight (128) square feet. (C) Rotating signs are allowed, but may not exceed the square footage set forth above. (D) Real estate signs larger than thirty -two (32) square feet advertising the sale or lease of the property on which the sign is located. (E) Fence signs of not more than sixty -four (64) square feet. Where there is more than one (1) business on the premises, fence signs may not exceed one hundred twenty -eight (128) square feet. (3) Prohibited Signs. (A) Audio signs. (B) Beacon signs. (C) Unauthorized sign in the right -of -way or on City property. Such signs may be removed and disposed of without notice. (D) Portable changeable letter electric or nonelectric signs. (E) Signs, other than roof signs, which are higher than thirty -two feet (32') above the adjacent ground or pavement level. No roof sign shall be higher than eight feet (8') above the roof on which it is placed. (F) Signs containing profane or indecent words or illustrations. (0) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals or reception. (H) Signs placed on trailers or vehicles, which as parked or located are designed primarily to display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles, operated in the normal course of business. (1) Flashing or intermittent illumination signs are not permitted except time and temperature, automatic changing message signs and traditional holiday decorations, ew Text Underlined' [DELETED TEXT BRACKETED] Resolution PZI 1 -16 - Page 11 (J) Balloons or other inflatable or gas- filled figures or signs. (K) Signs not mentioned in this code are prohibited. (L) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, or to any public sign or signpost. (M) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right -of -way lines. (N) No off- premises commercial advertising signs, including billboards, except as allowed under subsection (c)(1)(G) of this section, or at an outdoor sporting event, sports facility or sports field. (d) Limited Commercial Zone. Signs are allowed as follows: (1) Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet containing noncommercial messages. (C) Traditional holiday decorations. (D) Temporary banners of not more than thirty -two (32) square feet. No temporary banners shall be installed or placed for a period to exceed thirty (30) days in any ninety (90) day period. (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (G) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property for sale," "open house," or "lemonade" may be displayed for one (1) week. Such signs must display the name, address and telephone number of an adult person conducting/ supervising such sale and must be dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right-of-way or another lot. (I) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering firm, contractor or builder that denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be thirty -two (32) square feet or less in size and no more than one (1) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants -to -be of the structure. Any of these may be combined on one (1) or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. (J) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or Text Underlined. [DELETED TEXT BRACKETED] Resolution PZ11 -16 - Page 12 educational institution except flags used in connection with a commercial promotion or as an advertising device. (K) Event Signs. One (1) unlighted sign of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement. (L) Real estate signs of thirty -two (32) square feet or less used to advertise the sale or lease of the property on which the sign is located. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other signs allowed. (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided, that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for the removal. (2) Allowed Signs Requiring a Permit. (A) One (1) freestanding or marquee per lot of not more than thirty - two (32) square feet. (13) Signs Identifying a Home Occupation. One (1) sign per use not exceeding five (5) square feet. Such sign shall be no closer than ten feet (10') to any property line or shall be flat against the building. No lighting is peuuitted. (C) Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the premises shall be permitted for churches, schools, community centers and public, charitable or institutional uses. Such signs shall contain no more than thirty -two (32) square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet (10') from the street lot line; may be indirectly illuminated. (D) A permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed thirty -two (32) square feet. Any illumination shall be by indirect means. (3) Prohibited Signs. (A) Audio signs. (B) Beacon signs. (C) Roof signs. (D) Unauthorized signs in the right -of -way or on city property. Such signs may be removed and disposed of without notice. (E) Signs that are higher than ten feet (10') above the adjacent ground or pavement level. New Text Underlined' {DELETED TEXT BRACKETED) Resolution PZI 1 -16 - Page 13 (F) Signs containing profane or indecent words or illustrations. (G) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (H) Signs placed on trailers or vehicles, which as parked or located are designed to primarily [TO] display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles operated in the normal course of business. (I) Flashing or intermittent illumination are not peiniitted. (J) Balloons or other inflatable or gas - filled figures or signs. (K) Signs not mentioned in the code are prohibited (L) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost. (M) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right -of -way lines. (N) No off- premises commercial advertising signs, including billboards, except as allowed in subsection (b)(1)(F) of this section, or at an outdoor sporting event, sports facility, or sports field. (0) Portable signs. (e) Signs Allowed in the Conservation Zone. Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (1) Central Mixed Use Zone. Signs are allowed as follows: (1} Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet containing noncommercial messages. (C) Traditional holiday decorations. (D) Temporary banners of not more than thirty -two (32) square feet. No temporary banners shall be installed or placed for a period to exceed thirty (30) days in any ninety (90) day period. (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field, (G) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property for sale," "open house," or "lemonade" may be displayed for one (1) week. Such signs must display the name, address and telephone number of an adult person conducting/ supervising such sale and must be dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right-of -way or another lot. ew Text U derlined; [DEL,ETED TEXT BRACKETED] Resolution PZ11 -16 - Page 14 (I) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering fine, contractor or builder that denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be thirty -two (32) square feet or less in size and no more than one (1) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants -to -be of the structure. Any of these may be combined on one (1) or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. (J) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (K) Event Signs. One (1) unlighted sign of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement. (L) Real estate signs of thirty -two (32) square feet or less used to advertise the sale or lease of the property on which the sign is located. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other, signs allowed. (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. (2) Allowed Signs Requiring a Permit. (A) One (I) freestanding or marquee per lot of not more than one hundred twenty (120) square feet. Where there is more than one (1) business on a premises, a combined freestanding or marquee sign of not more than two hundred (200) square feet. (B) Signs Identifying a Home Occupation. One (1) sign per use not exceeding five (5) square feet. Such sign shall be no closer than ten feet (10') to any property line or shall be flat against the building. No lighting is permitted. (C) Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the premises shall be permitted for churches, schools, community centers and public, charitable or institutional New Text Underliaed; [DELETED TEXT BRACKETED] Resolution PZ11 -16 - Page 15 uses. Such signs shall contain no more than thirty -two (32) square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet (10') from the street lot line; may be indirectly illuminated. (D) A permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed thirty -two (32) square feet. Any illumination shall be by indirect means. (3) Prohibited Signs. (A) Audio signs. (B) Beacon signs. (C) Fence signs. (D) Roof signs. (E) Rotating signs. (F) Unauthorized signs in the right -of -way or on city property. Such signs may be removed and disposed of without notice. (G) Signs that are higher than twenty feet (20') above the adjacent ground or pavement Ievel. (H) Signs containing profane or indecent words or illustrations. (I) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (J) Signs placed on trailers or vehicles, which as parked or located are designed to primarily [TO[ to display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles operated in the normal course of business. (K) Flashing or intermittent illumination are not permitted. (L) Balloons or other inflatable or gas -filled figures or signs. (M) Signs not mentioned in the code are prohibited. (N) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost. (0) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right -of -way lines. (P) No off - premises commercial advertising signs, including billboards, except as allowed in subsection (f)(1)(G) of this section, or at an outdoor sporting event, sports ,facility, or sports field. (Q) Portable signs. (g) Nonconforming Signs. (1) After the enactment of this section, signs located within the City of Kenai on the effective date of this section that do not conform to the requirements of this code shall be classified as legal "nonconforming" signs if the sign was in compliance with applicable law on the date of adoption of this code. (2) A legal nonconforming sign shall immediately lose its legal nonconforming designation if: New Text Underlined [DELETED TEXT BRACKETED] Resolution PZ11 -16 -Page 16 (A) The sign is altered in any way in structure which tends to increase its nonconformity with the requirements of this code; (B) The sign structure is relocated; (C) The sign (except for copy on a changeable copy sign) is replaced. Upon the occurrence of subsection (g)(2)(A), (g)(2)(13) or (g)(2)(C) of this section, the sign shall be immediately brought into compliance with this code with a new permit secured or it shall be removed. (h) Specific Definitions Pertaining to Signs. (1.) "Applicant" means any for -profit or nonprofit enterprise, or organization, or any individual not acting on behalf of such an enterprise or organization. (2) "Audio sign" means a sign that emits a noise or sound, either spoken words, music, or singing. (3) "Banner" means a sign construction of flexible material, such as cloth, which moves upon being subjected to pressure by the wind. (4) "Beacon sign" means a light with one (1) or more beams capable of being directed in any direction or directions or capable of being revolved. (5) "Combination sign" means a sign incorporating any combination of the features of pole, projecting, and roof signs. (6) "Curb line" means the line at the face of the curb nearest to the street or roadway. hi the absence of a curb, the curb line shall be established by the City Engineer. (7) "Display surface" means the area made available by the sign structure for the purpose of displaying the advertising message. (8) "Electric sign" means any sign containing electrical wiring, but does not include signs illuminated by an exterior light source. (9) "Fence sign" means a sign other than a real estate or home occupation sign displayed upon fences or upon walls that are not an integral part of a building or walls that are used as fences. (10) "Fin sign" means a sign that is supported wholly by a building or partly by poles and partly by a building. (11) "Ground sign" means a sign which is supported by one (1) or more uprights, poles, or braces in or upon the ground other than a combination sign, fin sign, or pole sign as defined by this code. (12) "Legal setback line" means a line established by ordinance beyond which a building may not be built. A legal setback line may be a property line. (13) "Marquee" means a permanent weatherproof structure attached to, supported by a building, and projecting from the wall of the building. (1.4) "Pole sign" means a sign wholly supported by a sign structure in the ground. (15) "Political sign" means a sign promoting a candidate for political office, or promoting any position on a ballot proposition. (16) "Portable display surface" means a display surface temporarily fixed to a standardized advertising structure that is regularly moved from structure to structure at periodic intervals. (17) "Portable sign" means a sign other than a temporary sign that is not attached to any building or structure. It may readily be moved from one (1) location to another. It is designed to rest on the ground when New Text Underlined [DELETED TEXT BRACKETED] Resolution PZI 1 -16 - Page 17 displayed and may be with or without its own wheels. It may or may not be lighted. (18) "Projecting sign" means a sign other than a wall sign, which projects from and is supported by a wall of a building or structure. (19) "Real estate sign" means a sign advertising the sale, lease or rent of one (1) or more lots or acreage or the improvements thereon by a real estate company or individual licensed by the State of Alaska. (20) "Roof sign" means a sign erected upon or above a roof or parapet of a building or structure. (21) "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trade marks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product which are visible from any public street or highway and used to attract attention. (22) "Sign structure" means a structure that supports or is capable of supporting any sign as defined in this code. A sign structure may be a single pole or poles and may or may not be an integral part of a building. (23) "Temporary sign" means any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without frames, designed to be displayed for a limited period of time only. (24) "Wall sign" means any sign attached to, painted on, or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the said wall. Section 7. Amendment of Section 14.20.270 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14,20.270, Amendment procedures, is hereby amended as follows: 14.20.270 Amendment procedures. (a) Intent. This section shall govern any amendment to the Kenai Zoning Code and Official Map. (b) Initiation of Zoning Code and Official Map Amendments. (1) Amendments to the Kenai Zoning Code and Official Map may be initiated by: (A) Kenai City Council; (B) Kenai Planning and Zoning Commission; (C) Submission of a petition by a majority of the property owners in the area to be rezoned; (D) Submission of a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; (E) Submission of a petition as provided by the Home Rule Charter of the City of Kenai. (2) Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley rights-of-way) unless the amendment enlarges an adjacent district boundary. New Text Underlined- [DELETED TEXT BRACKETED] Resolution PZI 1 -16 - Page 18 (3) A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. (4) The zoning amendment request shall include the names and addresses of the applicant, a map showing the area involved, the present and proposed zoning, a non - refundable [DEPOSIT /ADVERTISING] fee as set forth in the City's schedule of fees adopted by the City Council, and any other pertinent information requested by the City. (c) Amendment Procedure: (1) A completed application, as described in this section, shall be submitted to the administrative official. The administrative official shall schedule a public hearing and make notification arrangements. (2) The Commission shall hold a public hearing in accordance with the requirements of this chapter. (3) The Commission shall, upon public hearing, forward its written . recommendation to the Kenai City Council, along with all certified minutes and public records relating to the proposed amendment. (4) The Kenai City Council in accordance with the provisions of the Kenai Municipal Code, may or may not adopt the amendment as a City ordinance. Section S. 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 9. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. `it Dated en r, Atask, -sis J —day of lU �, 201 1. 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