27 June 2008

TO:	Mayor and City Council City of Homer
CC:	Planning Department
FROM:	Gordon J Tans
RE:	Title 21 Revision – Conflicting Provisions to Reconcile
	Client-Matter No. 13126-0002

There was one irreconcilable conflict discovered in the revision of Title 21. It is found in the descriptions of permitted and conditionally permitted uses in the Town Center District. The conflicts were created with the adoption of Ordinance 07-52(A-2) establishing the new district.

The council should decide how these conflicts should be reconciled. Here are subsections that are in conflict, with the questions highlighted.

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

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k. Retail sale of building supplies and materials, only if such use, including storage of materials, is wholly contained within an enclosed building; QUESTION: Should this be a conditional use instead of permitted outright? There is conflict between this subsection and conditional use (j), see below and ORD. 07-52(A-2), lines 84 and 154.

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s. Plumbing, heating and appliance service shops, only if such use, including the storage of materials, is wholly within an enclosed building; QUESTION: should appliance shops be conditional instead of permitted outright? There is some conflict between this and conditional use (k), see below.

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

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j. Retail sales of hardware, appliances and furniture, building supplies and materials, but only if such use, including storage of goods and materials, is wholly contained within one or more enclosed buildings;

k. Plumbing, heating and appliance repair shops, but only if such use, including storage of goods and materials is wholly contained within one or more enclosed buildings.