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Home My WebLink AboutResolution No. PZ2013-12MA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ13 -12 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING THAT KENAI CITY COUNCIL ADOPT AMENDMENTS TO KENAI MUNICIPAL SECTIONS 14.24.200, ACCESSORY STRUCTURES, 14.20.320, DEFINITIONS AND 14.22.010 LAND USE TABLE TO ALLOW UNOCCUPIED ACCESSORY STRUCTURES TO BE PLACED, BY CONDITIONAL USE, ON RESIDENTIAL PARCELS THAT DO NOT HAVE A MAIN BUILDING OR USE IF THE SAME OWNER OWNS AN ADJACENT RESIDENTIAL PARCEL. WHEREAS, accessory structures, such as greenhouses, sheds and other detached buildings or structures are allowed on parcels that have a main building or use but are not allowed on parcels without a main building or use; and WHEREAS, Kenai Municipal Code does not currently provide a process for allowing owners of adjacent parcels to place unoccupied accessory buildings on parcels that do not have a main building or use even if the adjacent parcel does have a main building or use; and, WHEREAS, this ordinance is intended to allow owners of adjacent residential parcels to utilize, through the conditional use process, adjacent commonly owned parcels similarly, with regard to unoccupied accessory buildings, as if the lot line between the properties had actually been vacated; and WHEREAS, allowing full use of property in a responsible manner consistent with applicable planning and zoning ordinances is in the best interest of the public; and, WHEREAS, limiting unoccupied accessory buildings on adjacent residential parcels without a main building or use, to structures without a permanent foundation and with a footprint less than 400 square feet, protects the City and neighbors as the structures are more easily movable in the event of a transfer of ownership, while still allowing a reasonable use of the property; and, NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: That the City of Kenai Planning and Zoning Commission recommends Council adopt amendments to Kenai Municipal Code sections 14.24.200, Accessory Structures, 14.20.320, Definitions and 14.22.010 Land Use Table to allow Accessory Structures to be place, by Conditional Use, on residential parcels that do not have a main building or use if the same owner owns an adjacent residential parcel, as follows: Res. PZ13 -12 Page 2 of 3 14.20.200 Accessory structures. (a) Yard Requirements for Accessory Structures. Where yards are required, accessory structures shall be subject to the same requirements as principal structures except as follows: (1) In an RR and RS zone, the minimum front yard setback for an unoccupied attached or detached garage or carport shall be ten feet (10'); (2) Covered but unenclosed passenger landings, or storage sheds of not more than one hundred twenty (120) square feet and not more than one (1) story in height may extend into either side yard or rear yard, but such structure shall not be closer than three feet (3') to an adjoining lot; (3) Covered but unenclosed passenger landings, or storage sheds of not more than two hundred (200) square feet, with no side or end longer than sixteen (16) feet, and not more than one (1) story in height may extend into the rear yard, but such structure shall not be closer than five feet (5) to the rear lot line; (4) Unenclosed outside stairways, fire escapes, porches, or landing places as well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend into a required side or rear yard except within three feet (3) of any lot line; (5) Unenclosed outside stairways, fire escapes, porches, or landing places as well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend into a required front yard except within ten feet (10') of any lot line; (6) A detached accessory building may be permitted to occupy a rear yard; provided that, not more than one -third (1/3) of the total area of such rear yard shall be so occupied. Except as provided in KMC 14.20.200(a)(2) and KMC 14.20.200(a)(3), setbacks, per development tables, must be maintained if structure requires a building permit; (7) For purposes of this section one (1) story in height is a maximum of twelve feet (12) high as measured from the ground to the highest point of the subject structure roof. (b) Unoccupied accessory structures may be allowed as a conditional use on a residential parcel that does not have a main building or use of the land only when the parcel on which the unoccupied accessory structure proposed is adjacent to and shares a common lot line with a parcel owned by the same owner and a main building or use is constructed or used on the adjacent parcel. The conditional use for an unoccupied accessory structure on an adjacent parcel shall expire upon transfer of either parcel to a third party and all accessory buildings on adiacent parcels without a main building or main use must be removed. (c) Unoccupied accessory structures allowed as a conditional use on residential parcels adjacent to a parcel owned by the same owner with a main structure or use of the land shall be limited to structures without a permanent foundation and less than 400 square feet. 14.20.320 Definitions. "Accessory building" means a detached building or structure, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use, except as allowed by a conditional use permit. An accessory New Text Underlined: [DELETED TEXT BRACKETED] Res. PZ13 -12 Page 3 of 3 building shall be considered to be a part of the main building when joined to the main building by a common wall or when any accessory building and the main building are connected by a breezeway. 14.22.010 Land use table LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS LAND USES C RR RRi RS RSl RS2 RU CC CG IL IH ED R TSH LC CMU RESIDENTIAL One - Family Dwelling Cis P P P P P P P21 s' s' S2 C" P P P S'/C21 Two -, Three- Family Dwelling CIS P P P P P p P21 S' C C C22 P P P S' /C' Four - Family Dwelling Cs P C'29 P N N P P21 S' C C C22 N P C S' /C" Five -, Six - Family Dwelling CIS C3 N P N N P P21 S C C N N P C S' /C21 Seven - or More Family Dwelling CIS C3 N C3 N N P P21 S' C C N N P C S'/C2' Mobile Home Parks' N C N C C C C C C C C N C N N C Planned Unit Residential Development' CIS C C29 C C C C C C. C C N C C C C Townhouses° C1S C3 0.29 C3 C3 C3 C3 C C C C C22 C C C C Accessory Building on N C C C C C C N N N N N N_ C N N Parcel Without Main Building or Use (sxxwc 1°.20200 COMMERCIAL Automotive Sales N C N N N N C P P P P N N N N P Automotive Service Stations N C N N N N C P P P P N C N N P Banks N C N C N N C P P P C N C C C P Business /Consumer Services N C N C N N C P P P C N C C C P Commercial Recreation N C N C N N C P P C C N P C C P Guide Service N C N C N N C P P P P N P P C P Hotels/Motels N C N C N N C P P P C N C P C P Lodge N C N C N N C P P P C N P P C P Professional Offices N C C29 C. N N P P P P P N C P P P Restaurants N C N C N N C P P P C N C C Retail Business N26 C N C N N C P P P P 52d S2d C MCP Theaters N C N C N N C P P C C N P C Wholesale Business N C N C N N C C P P P N S1° C Dated at Kenai, .4# this day J 1 r) 7 l V , 2013. CHAIR: zfLi-Lln/ l V ATTE�T: New Test Underlined: [DELETED TEXT BRACKETED]