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 KMC 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 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 subsection (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) 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) 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 subsection (d) are met.
(Ords. 1188, 1817-99, 2565-2011)