Ordinance 16-04(A-2)(S-3) Establish Zoning Districts for Marijuana Facilities

CITY OF HOMER
HOMER, ALASKA

Mayor

ORDINANCE 16-04(A-2)(S-3)

 

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE 21.18, CENTRAL BUSINESS DISTRICT; HOMER CITY CODE 21.24, GENERAL COMMERCIAL 1; HOMER CITY CODE 21.26, GENERAL COMMERCIAL 2; HOMER CITY CODE 21.27, EAST END MIXED USE; TO IDENTIFY THE ZONING DISTRICTS PERMITTING MARIJUANA FACILITIES; AND ADOPTING HOMER CITY CODE CHAPTER 21.62, MARIJUANA FACILITIES, REGARDING GENERAL LAND USE REQUIREMENTS FOR MARIJUANA CULTIVATION, MANUFACTURING, TESTING, AND RETAIL FACILITIES.

 

WHEREAS, It is in the City’s best interest to draft comprehensive regulations regarding the use of property within the City to cultivate or manufacture marijuana or to operate a retail store selling marijuana; and

 

WHEREAS, The City is dedicated to drafting regulations that prevent the distribution of marijuana to minors; prevent revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels; prevent the diversion of marijuana from states where it is legal under state law in some form to other states; prevent state-authorized marijuana activity from being used  as a cover or pretext for the trafficking of other illegal drugs or other illegal activity; prevent violence and the use of firearms in the cultivation and distribution of marijuana; prevent drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use; prevent the growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public land; and prevent marijuana possession or use on federal property.

 

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

 

Section 1. Homer City Code Section 21.18.020, Permitted uses and structures, is amended to read as follows:

 

Section 21.18.020 Permitted uses and structures.
The following uses are permitted outright in the Central Business 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. Retail business where the principal activity is the sale of merchandise and incidental services in an enclosed building;

b. Personal service establishments;

c. Professional offices and general business offices;

d. Restaurants, clubs and drinking establishments that provide food or drink for consumption on the premises;

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

f. Hotels and motels;

g. Mortuaries;

h. Single-family, duplex, and multiple-family dwellings, including townhouses, but not including mobile homes;

i. Floatplane tie-up facilities and air charter services;

j. Parks;

k. Retail and wholesale sales of building supplies and materials, only if such use, including storage of materials, is wholly contained within one or more enclosed buildings;

l. Customary accessory uses to any of the permitted uses listed in the CBD district; provided, that a separate permit shall not be issued for the construction of any detached accessory building prior to that of the main building;

m. Mobile homes, provided they conform to the requirements set forth in HCC 21.54.100;

n. Home occupations, provided they conform to the requirements of HCC 21.51.010;

o. Ministorage;

p. Apartment units located in buildings primarily devoted to business or commercial uses;

q. Religious, cultural, and fraternal assembly;

r. Entertainment establishments;

s. Public, private and commercial schools;

t. Museums and libraries;

u. Studios;

v. Plumbing, heating and appliance service shops, only if such use, including the storage of materials, is wholly within an enclosed building;

w. Publishing, printing and bookbinding;

x. Recreational vehicle parks only if located south of the Sterling Highway (Homer Bypass) from Lake Street west to the boundary of the Central Business District abutting Webber Subdivision, and from Heath Street to the west side of Lakeside Village Subdivision, provided they shall conform to the standards in HCC 21.54.200 and following sections;

y. Taxi operation limited to a dispatch office and fleet parking of no more than five vehicles; maintenance of taxis must be conducted within an enclosed structure, and requires prior approval by the City Planner of a site, access and parking plan;

z. Mobile food services;

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

bb. Day care homes and facilities; provided, however, that outdoor play areas must be fenced;

cc. Rooming house, bed and breakfast and hostel;

dd. Auto repair and auto and trailer sales or rental areas, but only on Main Street from Pioneer Avenue to the Sterling Highway, excluding lots with frontage on Pioneer Avenue or the Sterling Highway, subject to the following additional requirements: Vehicles awaiting repair or service, inoperable vehicles, vehicles for parts, and vehicles awaiting customer pickup shall be parked indoors or inside a fenced enclosure so as to be concealed from view, on all sides. The fence shall be a minimum height of eight feet and constructed to prohibit visibility of anything inside of the enclosure. The portion of any vehicle exceeding eight feet in height may be visible outside of the fence. Vehicle parts (usable or unusable), vehicle service supplies, and any other debris created in the repair or servicing of vehicles shall also be stored indoors or inside the fenced enclosure out of view of the public;

ee. Farmers’ market;

ff. Dormitory;

gg. Financial institutions;

hh. As an accessory use, one small wind energy system per lot having a rated capacity not exceeding 10 kilowatts;

ii. One detached dwelling unit, excluding mobile homes, as an accessory building to a principal single-family dwelling on a lot;

jj. Marijuana cultivation facilities, manufacturing facilities, retail facilities, and testing facilities as defined by state law.

 
Section 2.  Homer City Code Section 21.24.020, Permitted uses and structures, is amended to read as follows:

 
Section 21.24.020 Permitted uses and structures.
The following uses are permitted outright in the General Commercial 1 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. Air charter operations and floatplane tie-up facilities;

b. General business offices and professional offices;

c. Dwelling units located in buildings primarily devoted to business uses;

d. Auto repair;

e. Auto and trailer sales or rental areas;

f. Auto fueling stations and drive-in car washes;

g. Building supply and equipment sales and rentals;

h. Restaurants, including drive-in restaurants, clubs and drinking establishments;

i. Garden supplies and greenhouses;

j. Heavy equipment and truck sales, rentals, service and repair;

k. Hotels and motels;

l. Lumberyards;

m. Boat and marine equipment sales, rentals, service and repair;

n. Mortuaries;

o. Open air businesses;

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

q. Manufacturing of electronic equipment, electrical devices, pottery, ceramics, musical instruments, toys, novelties, small molded products and furniture;

r. Publishing, printing and bookbinding;

s. Recreation vehicle sales, rental, service and repair;

t. Retail businesses;

u. Trade, skilled or industrial schools;

v. Wholesale businesses, including storage and distribution services incidental to the products to be sold;

w. Welding and mechanical repair;

x. Parks and open space;

y. Appliance sales and service;

z. Warehousing, commercial storage and mini-storage;

aa. Banks, savings and loans, credit unions and other financial institutions;

bb. Customary accessory uses to any of the permitted uses listed in the GC1 district; provided, that no separate permit shall be issued for the construction of any type of accessory building prior to that of the main building;

cc. Dry cleaning, laundry, and self-service laundries;

dd. Taxi operation;

ee. Mobile food services;

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

gg. Recreational vehicle parks, provided they shall conform to the standards in Article II of Chapter 21.54 HCC;

hh. Day care homes; provided, that a conditional use permit was obtained for the dwelling, if required by HCC 21.24.030; all outdoor play areas must be fenced;

ii. Rooming house and bed and breakfast;

jj. Dormitory;

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

ll. Marijuana cultivation facilities, manufacturing facilities, retail facilities, and testing facilities as defined by state law.

 

Section 3. Homer City Code Section 21.26.020, Permitted uses and structures, is amended to read as follows:

 

Section 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 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;

w. Marijuana cultivation facilities, manufacturing facilities, retail facilities, and testing facilities as defined by state law.

 

Section 4. Homer City Code Section 21.27.020, Permitted uses and structures, is amended to read as follows:

 

Section 21.27.020 Permitted uses and structures.

The following uses are permitted outright in the East End Mixed Use 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. Auto, trailer, truck, recreational vehicle and heavy equipment sales, rentals, service and repair;

b. Drive-in car washes;

c. Building supply and equipment sales and rentals;

d. Garden supplies and greenhouses;

e. Boat and marine equipment sales, rentals, manufacturing, storage yard, service and repair;

f. Welding and mechanical repair;

g. Restaurants, including drive-in restaurants, clubs and drinking establishments;

h. Religious, cultural, and fraternal assembly;

i. Studios;

j. Personal services;

k. Agricultural activities, including general farming, truck farming, nurseries, tree farms and greenhouses;

l. Private stables;

m. Storage of heavy equipment, vehicles or boats;

n. Plumbing, heating and appliance service shops;

o. Home occupations on a lot whose principal permitted use is residential, provided they conform to the requirements of HCC 21.51.010;

p. Mortuaries and crematoriums;

q. Open air businesses;

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

s. Manufacturing, fabrication and assembly;

t. Retail businesses;

u. Trade, skilled or industrial schools;

v. Wholesale businesses, including storage and distribution services incidental to the products to be sold;

w. Parks and open space;

x. Warehousing, commercial storage and mini-storage;

y. Recreational vehicles, subject to the standards in HCC 21.54.320(a), (b) and (c);

z. Dry cleaning, laundry, and self-service laundries;

aa. Mobile food services;

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

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

dd. Research and development laboratories;

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

ff. Cold storage facilities;

gg. Mobile commercial structures;

hh. Single-family and duplex dwellings, only as an accessory use incidental to a permitted principal use; provided, that no permit shall be issued for the construction of an accessory dwelling prior to the establishment of the principal use;

ii. The repair, replacement, reconstruction or expansion of a single-family or duplex dwelling, including a mobile home, that existed lawfully before its inclusion in the GC1, GC2 or EEMU zoning districts, notwithstanding any provision of Chapter 21.61 HCC to the contrary; provided, that a mobile home may not be used to replace or expand such a dwelling;

jj. Customary accessory uses to any of the uses permitted in the EEMU district that are clearly subordinate to the main use of the lot or building, including without limitation wharves, docks, storage facilities, restaurant or cafeteria facilities for employees; or caretaker or employee dormitory residence if situated on a portion of the same lot as the principal use; provided, that no permit shall be issued for the construction of any type of accessory building prior to the establishment of the principal use;

kk. Taxi operation;

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

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

nn. The outdoor harboring or keeping of dogs, small animals and fowl as an accessory use to a residential use in a manner consistent with the requirements of all other provisions of the Homer City Code and as long as such animals are pets of the residents of the dwelling and their numbers are such as not to unreasonably annoy or disturb occupants of neighboring property;

oo. Marijuana cultivation facilities, manufacturing facilities, retail facilities, and testing facilities as defined by state law.

 

Section 5.  Homer City Code Chapter 21.62, Marijuana Cultivation, Manufacturing, Retail, and Testing Facilities, is enacted to read as follows:

 

Chapter 21.62

Marijuana Cultivation, Manufacturing, Retail, and Testing Facilities.

 

Sections:

21.62.010 Scope.

21.62.020 Intent.

21.62.030 Definitions.

21.62.040 Pre-application conference.

21.62.050 Costs.

21.62.060 Safety and Security Plan.

21.62.070 Buffers.

21.62.080 General restrictions on all marijuana facilities.

 

21.62.010 Scope.

a. This chapter applies to the operation of all marijuana cultivation, manufacturing, retail, and testing facilities within the city boundaries.

b.  This chapter in no way protects marijuana facilities from enforcement of federal law nor is it intended to sanction conduct or operations prohibited by law.  All persons engaged in the marijuana industry within the city operate at their own risk and have no legal recourse against the City in the event that city laws are preempted, negated or otherwise found unenforceable based upon federal law prohibiting the sale, distribution, consumption or possession of marijuana.

 

21.62.020 Intent.

a. This chapter is intended to impose regulations that prevent:

The distribution of marijuana to minors;
Revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels;
The diversion of marijuana from states where it is legal under state law in some form to other states where it is unlawful;
State-authorized marijuana activity from being used  as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;
Violence and the use of firearms in the cultivation and distribution of marijuana;
Drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use;
The growing of marijuana on public lands and the attendant public safety and environmental dangers posted my marijuana production on public land; and
Marijuana possession or use on federal property.

 

21.62.030 Definitions. [reserved]

 

21.62.040 Pre-application Conference.

When Title 21 requires a conditional use permit for a marijuana facility, the applicant must meet with the City Planner to discuss the conditional use permit process and any issues that may affect the proposed conditional use.   This meeting is to provide for an exchange of general and preliminary information only and no statement made in such meeting by either the applicant or the City Planner shall be regarded as binding or authoritative for the purposes of this title. 

 

21.62.050 Costs.

The cost of all permits, studies and investigation required under this chapter shall be borne by the applicant.

 

21.62.060 Safety and Security Plan.

A conditional use permit for a marijuana facility required by this title shall include an analysis of the ways in which the intent and purpose of this chapter have been met and the safety concerns identified in Sections 21.62.010 and 21.62.020 will be addressed. 

 

21.62.070 Buffers.

a. The Commission may require buffers, including berms, fences, trees, and shrubs, to minimize impacts to adjacent property. A landscaped buffer or combination of landscaping and berms of no less than ten feet in width will be required where the property with a marijuana facility adjoins districts in which marijuana facilities are prohibited or permitted only as a conditional use.

b. The following buffer zones shall be applied to all marijuana facilities in all districts: 

Schools                             1000 feet
Churches                          500 feet
Jail                                      500 feet
Youth/rec. center         500 feet
Library                              200 feet

 

c. Marijuana facilities abutting the Jack Gist Municipal Park, Karen Hornaday Municipal Park, Bayview Municipal Park, or Ben Walters Municipal Park must have 1000 feet or more buffers measured from the boundary of the park. 

d. For purposes of this section, “schools” mean property primarily used as a private or public elementary or secondary education facility or property primarily used as a post-secondary education facility, including but not limited to private, faith-based, and public colleges and universities. 

 

General restrictions applied to all marijuana facilities.

a. All marijuana facilities in all districts shall comply with Section 21.59.030 of this title.

b. An application for a conditional use permit under this chapter shall not be approved if the location of the facility violates the regulatory intent in Section 21.62.020. 

 

Section 6.  This ordinance is of a permanent and general character and shall be included in the City code.

 

ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this 14th day of March, 2016.

 

CITY OF HOMER

 

 

_____________________________
MARY E. WYTHE, MAYOR

ATTEST:

 

______________________________

JO JOHNSON, MMC, CITY CLERK

 

 

AYES:

NOES:

ABSTAIN:

ABSENT:

 

 

 

First Reading:

Public Reading:

Second Reading:

Effective Date:

 

 

 

 

Reviewed and approved as to form:

 

                                                                                                                                                                                   
Mary K. Koester, City Manager                                           Thomas F. Klinkner, City Attorney

 

Date: _________________________                               Date: _________________________