Ordinance 18-08 Amending HCC 21.28 Retail Marijuana in Marine Commercial

Summary

An Ordinance of the City Council of Homer, Alaska, Amending Homer City Code 21.28.020, Permitted Uses and Structures; Adding Marijuana Retail Facilities in the Marine Commercial District.Aderhold/Cannabis Advisory Commission.

Ordinance/Resolution ID: 
18-08
Ordinance/Resolution Status: 
Failed
Introduction Date: 
02/26/2018
File Attachments: 
Public Hearing Date: 
03/12/2018
Second Reading Date: 
03/12/2018

Details

CITY OF HOMER
HOMER, ALASKA

Aderhold/Cannabis Advisory Commission

ORDINANCE 18-08

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE 21.28.020, PERMITTED USES AND STRUCTURES; ADDING MARIJUANA RETAIL FACILITIES IN THE MARINE COMMERCIAL DISTRICT. 

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

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. Homer City Code Chapter 21.28.020 is hereby amended to read as follows:

Section 21.28.020 Permitted uses and structures.

The following uses are permitted outright in the Marine Commercial 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. Offices for tourism-related charter and tour businesses, such as fishing, flightseeing, day excursions and boat charters and tours;

b. Marine equipment sales, rentals, service, repair and storage;

c. Retail stores limited to the sale of seafood products, sporting goods, curios, and arts and crafts;

d. Business offices for water-dependent and water-related activities such as fish brokers, off-shore oil and gas service companies, and stevedores;

e. Customary accessory uses that are clearly subordinate to the main use of the lot or building such as piers or wharves; provided, that separate permits shall not be issued for the construction of an accessory structure prior to that of the main structure;

f. Mobile food services;

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

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

i. Restaurants;

j. Cold storage facilities;

k. Campgrounds;

l. Manufacturing, processing, cooking, and packing of seafood products;

m. Parks;

n. Boat launching or moorage facilities, marinas;

o. Caretaker, business owner or employee housing as an accessory use to a primary use, and limited to no more than 50 percent of the floor area of a building and for use by an occupant for more than 30 consecutive days;

p. Lodging as an accessory use, limited to no more than 50 percent of the floor area of a building;

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

r. Marijuana retail facilities as defined by state law.

Section 2.  This ordinance shall take effect upon its adoption by the Homer City Council.

Section 3.  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 _____ day of _________ 2018.

 

                                                                                                                                                CITY OF HOMER

                                                                                                                                                _____________________________
                                                                                                                                                BRYAN ZAK, MAYOR

 

ATTEST:

______________________________

MELISSA JACOBSEN, MMC, CITY CLERK

 

YES:
NO:
ABSTAIN:
ABSENT:

 

First Reading:
Public Reading:
Second Reading:
Effective Date:

 

Reviewed and approved as to form:

                                                                                                                                                                                               
Katie Koester, City Manager                                                  Holly C. Wells, City Attorney

Date: _______________________                                                 Date: _____________________