MEMORANDUM
TO: Ronald Wm. Drathman, Assembly President
Kenai Peninsula Borough Assembly Members
FROM: Jack Brown, Assembly Member
DATE: March 15, 1999
SUBJECT: Amendments to Ordinance 99-01
Upon meeting with the administration and legal department, a consensus was reached to
propose the following amendments to Ordinance 99-01. A substitute will be prepared and
submitted in the packet for the April 6 meeting which is the date the second public
hearing for this ordinance is scheduled. Community meetings in order to receive citizen
input will be held throughout the borough in cooperation with the administration. The
substitute will include the following changes.
1. The residential zone set forth in KPB 21.30.020 shall be redrawn to include lands
outside of one-eighth of a mile on either side of the centerline of arterial roads (for
example, Kalifornski Beach Road, Kenai Spur Highway, Sterling Highway, and Seward
Highway). Borough records reflect that parcels which have been developed in this area are
subject primarily to residential use. Commercial and industrial uses in this district must
acquire a permit unless they qualify as a home occupation under KPB 21.30.030. Notice of
the proposed hearing will be provided to property owners of parcels within 600 feet of the
outer boundaries of the parcel subject to the permit request.
2. A section will be added allowing for registration of nonresidential uses where there is
not a parcel with a residence within one-eighth of a mile from the outer boundaries of the
parcel seeking a permit. It will not be necessary for these registered uses to meet the
permit conditions or requirements. The borough will keep a record of registered uses so
that people will know the nature of the existing use when they decide to buy property or
move within close proximity to the registered commercial or industrial use.
3. A multi-use district will exist one-eighth of a mile on either side of the centerline
of the right-of-way of all arterial roads within the borough. The land use trend in this
area is commercial. All uses are allowed uses without a permit in this district.
Residential subdivisions which are within this multi-use district may use local option
zoning to maintain the residential character of their neighborhood. Additionally, a tax
exemption authorized by AS 29.45.046(f) and Title 5 of the borough code will be offered to
property owners in the multi-use district who enhance the exterior or aesthetic quality of
the land or structure through alteration of the natural features of their land, new
maintenance, repair, or renovation of an existing structure.
4. There will be an industrial zone located in the Nikiski area in the areas subject to
petroleum processing, manufacturing, and other industrial uses.
5. State and federal park, refuge, national forest, and legislatively designated critical
habitat area lands will be exempted from application of the ordinance.