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Assembly reviews ordinance to define "water-dependent" use and clarify conditional-use permit rules
Summary
Staff proposed ordinance 2025-12 to define "water-dependent" and to clarify conditional use permit requirements in KPB zoning code; planners said the change reflects planning commission requests and eases permitting for certain lakefront fences while maintaining river protections.
Smith Lopez, manager at the borough River Center and supervisor of natural-resources planning, presented an ordinance to clarify conditional-use permit standards and add a definition for "water-dependent" activities in borough code.
"We have been working on this definition that hasn't been in code for water dependent for a long time," Lopez said, explaining that the planning commission requested a clear definition to make permit decisions more consistent.
Nut graf: The ordinance (2025-12) would amend KPB code sections governing conditional-use permits and insert a code definition for "water-dependent." Staff and the planning commission said the change aims to reduce confusion in permit reviews and to codify long-standing practices.
Lopez described specific amendments included in the packet: a cleanup of a drafting error related to fences and a new allowance that would permit fences on lakes as staff-level permits while maintaining stricter standards for riverfront properties. She explained the rationale: lakes lack the same erosive forces and wildlife movement constraints found on rivers, and the planning commission wanted to avoid requiring permit-level review for routine lakefront fences.
Lopez cited recent examples where access and vehicle turnaround on public rights-of-way created damage and where a property owner obtained permission to install a fence to prevent further erosion and vehicle impacts.
Assembly members asked for clarification about where fences would be allowed and why the distinction between lakes and rivers exists. Lopez said lakes are less prone to erosion and flood-related fence damage; on rivers, she said, commissioners may require a 20-foot removal zone to allow flood flows and wildlife passage.
Ending: Lopez said the amendments aim to match code language to practice so planning staff and the commission apply consistent standards. The committee did not record a final vote on the ordinance during the meeting.
