Ordinance 14-49(A) Amending HCC 21 Helipads and Heliport Conditional Uses

CITY OF HOMER

HOMER, ALASKA

Planning

ORDINANCE 14-49(A)

 

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE 21.03.040, DEFINITIONS; HOMER CITY CODE 21.12.030, 21.14.030, 21.16.030, 21.18.030, 21.24.030, 21.28.030, 21.30.030, AND 21.32.030, CONDITIONAL USES AND STRUCTURES; AND HOMER CITY CODE 21.26.020, PERMITTED USES AND STRUCTURES, TO DEFINE THE TERMS HELIPAD AND HOSPITAL, TO DELETE HELIPORT AS A CONDITIONAL USE IN THE RURAL RESIDENTIAL, URBAN RESIDENTIAL, CENTRAL BUSINESS DISTRICT, GENERAL COMMERCIAL 1, MARINE COMMERCIAL AND OPEN SPACE – RECREATION ZONING DISTRICTS; TO DELETE HELIPORT AS A PERMITTED USE IN THE GENERAL COMMERCIAL 2 DISTRICT, TO ADD HELIPAD AS A CONDITIONAL USE ACCESSORY TO A HOSPITAL IN THE RESIDENTIAL OFFICE ZONING DISTRICT AND AS A CONDITIONAL USE IN THE MARINE INDUSTRIAL ZONING DISTRICT.

 

WHEREAS, The City of Homer, Alaska regulates where permanent facilities for the operation of helicopters may be located through zoning district regulations; and

 

WHEREAS, It is in the City’s best interest to limit the operation of heliports and helipads to the areas where the activity is most compatible to the allowed uses of the zoning districts;

 

THE CITY OF HOMER HEREBY ORDAINS:

 

Section 1.  HCC 21.03.040 Definitions, is amended by adding definitions of “helipad” and “hospital” to read as follows:

 

“Helipad” means any surface where a helicopter takes off or lands, but excludes permanent facilities for loading or unloading goods or passengers, or for fueling, servicing or storing helicopters.

 

“Hospital” has the meaning given in AS 47.32.900.

 

Section 2.  HCC 21.12.030, Conditional uses and structures (Rural Residential), is amended to read as follows:

 

21.12.030 Conditional uses and structures.  The following uses may be permitted in the Rural Residential District when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC:

a. Planned unit development, limited to residential uses only;

b. Religious, cultural and fraternal assembly;

c. Cemeteries;

d. Kennels;

e. Commercial greenhouses and tree nurseries offering sale of plants or trees grown on premises;

f. Mobile home parks;

g. Public utility facilities and structures;

h. Pipelines and railroads;

i. Storage of heavy equipment, vehicles or boats over 36 feet in length as an accessory use incidental to a permitted or conditionally permitted principal use;

j. Day care facilities; provided, however, that outdoor play areas must be fenced;

k. Group care home;

l. Assisted living home;

m. More than one building containing a permitted principal use on a lot;

n. Indoor recreational facilities;

o. Outdoor recreational facilities;

p. Public school and private school;

q. One small wind energy system having a rated capacity exceeding 10 kilowatts, provided that it is the only wind energy system of any capacity on the lot.

 

Section 3.  HCC 21.14.030, Conditional uses and structures (Urban Residential), is amended to read as follows:

 

21.14.030 Conditional uses and structures. The following uses may be permitted in the Urban Residential District when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC:

a. Planned unit development, excluding all industrial uses;

b. Townhouse developments;

c. Day care facilities; provided, however, that outdoor play areas must be fenced;

d. Religious, cultural and fraternal assembly;

e. Hospitals;

f. Pipelines and railroads;

g. Storage of heavy equipment or boats over 36 feet in length as an accessory use incidental to a permitted or conditionally permitted principal use;

h. Private stables and the keeping of larger animals not usually considered pets, including paddocks or similar structures or enclosures utilized for keeping of such animals as an accessory use incidental to a primary residential use; such use shall be conditioned on not causing unreasonable disturbance or annoyances to occupants of neighboring property, and on sufficient land to harbor such animals;

i. Group care home;

j. Assisted living home;

k. More than one building containing a permitted principal use on a lot;

l. Indoor recreational facilities;

m. Outdoor recreational facilities;

n. One small wind energy system having a rated capacity exceeding 10 kilowatts, provided that it is the only wind energy system of any capacity on the lot.

 

Section 4.  HCC 21.16.030, Conditional uses and structures (Residential Office), is amended to read as follows:

 

21.16.030 Conditional uses and structures. The following uses may be permitted in the Residential Office District when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC:

a. Planned unit developments, excluding all industrial uses;

b. Townhouses;

c. Public or private schools;

d. Hospitals and medical clinics;

e. Public utility facilities and structures;

f. Mortuaries;

g. Day care facilities; provided, however, that outdoor play areas must be fenced;

h. More than one building containing a permitted principal use on a lot;

i. Group care homes;

j. Helipads, but only as an accessory use incidental to a hospital conditional use;

k. One small wind energy system having a rated capacity exceeding 10 kilowatts; provided, that it is the only wind energy system of any capacity on the lot;

l. Other uses approved pursuant to HCC 21.04.020.

 

Section 5.  HCC 21.18.030, Conditional uses and structures (Central Business District), is amended to read as follows:

 

21.18.030 Conditional uses and structures. The following uses may be permitted in the Central Business District when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC:

a. Planned unit developments, excluding all industrial uses;

b. Indoor recreational facilities and outdoor recreational facilities;

c. Mobile home parks;

d. Auto fueling stations;

e. Public utility facilities and structures;

f. Pipeline and railroads;

g. Greenhouses and garden supplies;

h. Light or custom manufacturing, repair, fabricating, and assembly, provided such use, including storage of materials, is wholly within an enclosed building;

i. Shelter for the homeless, provided any lot used for such shelter does not abut a residential zoning district;

j. More than one building containing a permitted principal use on a lot;

k. Group care homes and assisted living homes;

l. Drive-in car washes, but only on the Sterling Highway from Tract A-1 Webber Subdivision to Heath Street;

m. One small wind energy system having a rated capacity exceeding 10 kilowatts; provided, that it is the only wind energy system of any capacity on the lot;

n. Other uses approved pursuant to HCC 21.04.020.

 

Section 6.  HCC 21.24.030, Conditional uses and structures (General Commercial 1), is amended to read as follows:

 

21.24.030 Conditional uses and structures. The following uses may be permitted in the General Commercial 1 District when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC:

a. Campgrounds;

b. Crematoriums;

c. Multiple-family dwelling;

d. Public utility facility or structure;

e. Mobile home parks;

f. Planned unit developments;

g. Townhouses;

h. Pipelines and railroads;

i. Shelter for the homeless, provided any lot used for such shelter does not abut an RO, RR, or UR zoning district;

j. More than one building containing a permitted principal use on a lot;

k. Day care facilities; provided, however, that outdoor play areas must be fenced;

l. Other uses approved pursuant to HCC 21.04.020;

m. Indoor recreational facilities;

n. Outdoor recreational facilities.

Section 7.   HCC 21.26.020, Permitted uses and structures (General Commercial 2), is amended to read as follows:

 

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 uses;

i. Airports and air charter operations;

j. Underground bulk petroleum storage;

k. Cold storage facilities;

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

m. Mobile commercial structures;

n. 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;

o. Taxi operation;

p. Mobile food services;

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

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

s. Hotels and motels;

t. Dormitory;

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

v. Open air business. [Ord. 14-20(S) § 1, 2014; Ord. 09-34(A) § 17, 2009; Ord. 08-29, 2008].

 

Section 8.  HCC 21.28.030, Conditional uses and structures (Marine Commercial), is amended to read as follows:

 

21.28.030 Conditional uses and structures. The following uses may be permitted in the Marine Commercial District when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC:

a. Drinking establishments;

b. Public utility facilities and structures;

c. Hotels and motels;

d. Lodging;

e. More than one building containing a permitted principal use on a lot;

f. Planned unit developments, limited to water-dependent and water-related uses, with no dwelling units except as permitted by HCC 21.28.020(o);

g. Indoor recreational facilities;

h. Outdoor recreational facilities;

i. The location of a building within a setback area required by HCC 21.28.040(b). In addition to meeting the criteria for a conditional use permit under HCC 21.71.030, the building must meet the following standards:

1. Not have a greater negative effect on the value of the adjoining property than a building located outside the setback area; and

2. Have a design that is compatible with that of the structures on the adjoining property.

 

Section 9.  HCC 21.30.030, Conditional uses and structures (Marine Industrial), is amended to read as follows:

 

21.30.030 Conditional uses and structures. The following uses may be permitted in the Marine Industrial District when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC:

a. Planned unit development, limited to water-dependent or water-related uses and excluding all dwellings;

b. Boat sales, rentals, service, repair and storage, and boat manufacturing;

c. Extractive enterprises related to other uses permitted in the district;

d. Campgrounds;

e. Bulk petroleum storage;

f.  Helipads;

g. Heliports;

h. Indoor recreational facilities;

i. Outdoor recreational facilities;

j. Public utility facilities and structures;

k. The location of a building within a setback area required by HCC 21.30.040(b). In addition to meeting the criteria for a conditional use permit under HCC 21.71.030, the building must meet the following standards:

1. Not have a greater negative effect on the value of the adjoining property than a building located outside the setback area; and

2. Have a design that is compatible with that of the structures on the adjoining property.

 

Section 10.  HCC 21.32.030, Conditional uses and structures (Open Space -- Recreation), is amended to read as follows:

 

21.32.030 Conditional uses and structures.   The following uses may be conditionally permitted in the Open Space – Recreation District when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC:

a. Public utility facilities and structures;

b. Any structures used for uses permitted outright in the district;

c. Fishing gear and boat storage;

d. Campgrounds;

e. Pipelines and railroads;

f. Parking areas;

g. Other open space and recreation uses;

h. Indoor recreational facilities;

i. Outdoor recreational facilities.

 

Section 11.  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 27th day of October, 2014.

 

                                                                                                         CITY OF HOMER

 

 

                                                                                                         _____________________

                                                                                                         MARY E. WYTHE, MAYOR

ATTEST:

 

___________________________

JO JOHNSON, MMC, CITY CLERK

 

 

 

 

 

 

YES:

NO:

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: _______________________