Ordinance 14-20(S) Code Amendment to Add Farmers’ Market as a Conditional Use in the Central Business District, General Commercial 1 and General Commercial 2 Zoning Districts

CITY OF HOMER

HOMER, ALASKA

ORDINANCE 14-20(S)

Roberts

AN ORDINANCE OF THE HOMER CITY COUNCIL AMENDING HOMER CITY CODE 21.26.020, PERMITTED USES AND STRUCTURES, TO ADD OPEN AIR BUSINESS AS A PERMITTED USE IN THE GENERAL COMMERCIAL 2 ZONING DISTRICT.

WHEREAS, The Homer City Code defines a Farmers market as a location where the primary activity is the sale of goods grown upon the land of the seller; and 

WHEREAS, Farmers’ markets are permitted outright in the Central Business and Town Center Zoning Districts; and 

WHEREAS, Farmers’ markets have become popular and necessary parts of communities nation-wide; and 

WHEREAS, Farmers market is inclusive of the definition of open air business; and

WHEREAS, Open air business is permitted outright in the General Commercial 1 Zoning District.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS: 

Section 1. Homer City Code 21.26.020, Permitted uses and structures, is amended to read as follows:

21.26.020 Permitted uses and structures.  The following uses are permitted outright in the General Commercial 2 District, except when such use requires a conditional use permit by reason of size, traffic volumes, or other reasons set forth in this chapter:

a. Production, processing, assembly and packaging of fish, shellfish and seafood products;

b. Construction, assembly and storage of boats and boat equipment;

c. Manufacture and assembly of pottery and ceramics, musical instruments, toys, novelties, small molded products, electronic instruments and equipment and electrical devices;

d. Research and development laboratories;

e. Trade, skills or industrial schools;

f. Publishing, printing and bookbinding facilities;

g. Auto, trailer, truck, recreational vehicle and heavy equipment sales, rentals, service and repair, excluding storage of vehicles or equipment that is inoperable or in need of repair;

h. Storage and distribution services and facilities, including truck terminals, warehouses and storage buildings and yards, contractors’ establishments, lumberyards and sales, or similar us   es;

i. Airports and air charter operations;

j. Heliports;

k. Underground bulk petroleum storage;

l. Cold storage facilities;

m. Parking lots and parking garages, in accordance with Chapter 21.55 HCC;

n. Mobile commercial structures;

o. Accessory uses to the uses permitted in the GC2 district that are clearly subordinate to the main use of the lot or building, such as wharves, docks, restaurant or cafeteria facilities for employees; or caretaker or dormitory residence if situated on a portion of the principal lot; provided, that separate permits shall not be issued for the construction of any type of accessory building prior to that of the main building;

p. Taxi operation;

q. Mobile food services;

r. Itinerant merchants, provided all activities shall be limited to uses permitted outright under this zoning district;

s. Recreational vehicle parks, provided they shall conform to the standards in Chapter 21.54 HCC;

t. Hotels and motels;

u. Dormitory;

v. As an accessory use, one small wind energy system per lot;

w. Open air business.

Section 2.  This Ordinance is of a permanent and general character and shall be included in the City Code. 

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this 28th day of July, 2014. 

CITY OF HOMER 

______________________
MARY E. WYTHE, MAYOR

ATTEST:
 

____________________________

JO JOHNSON, MMC, CITY CLERK

AYES:

NOES:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date:

Reviewed and approved as to form:

                                                                                                                                                                                                  
Walt Wrede, City Manager                                                                 Thomas F. Klinkner, City Attorney

Date: _________________________                                                            Date: _________________________