CITY OF HOMER

City Manager

HOMER, ALASKA

Planning Commission

Yourkowski

ORDINANCE 01-32(A)

AN ORDINANCE OF THE CITY OF HOMER AMENDING HOMER CITY CODE SECTION 21.48.020, CENTRAL BUSINESS DISTRICT PERMITTED USES AND STRUCTURES, TO AUTHORIZE FARMERS MARKET AND ADDING SECTION 21.32.167 TO DEFINE FARMERS MARKET.

WHEREAS, the location of farmers markets in the Central Business District of the City of Homer will provide local farmers with a viable location to sell products during a very limited harvest season; and

WHEREAS, the investment required for a traditional storefront is not warranted from the gross sales available from this enterprise; and

WHEREAS, supporting local agricultural enterprises benefits us all by providing fresh healthy produce, by creating jobs and by sustaining open space.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF HOMER:

Section 1. Section 21.48.020 of the Homer City Code is hereby to read as follows:

21.48.020 Permitted uses and structures. The following uses are permitted outright in the central business district:

a. Any retail business where the principal activity is the sale of merchandise and services in an enclosed building, including but not limited to food establishments, drug, variety, dry goods, hardware, appliance, and furniture stores;

b. Personal service establishments that perform services on the premises, such as barber or beauty shops, shoe repair shops, photograph, and quick-print establishments;

c. Offices for professional services, such as offices of doctors, dentists, osteopaths, architects, engineers, lawyers, chiropractors, veterinarians, and other similar or allied professions;

d. Administrative offices in which personnel are employed in the following fields: executive, administrative clerical, insurance, real estate, and similar enterprises, both public and private;

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

f. Parking lots and parking garages;

g. Hotels and motels;

h. Mortuaries;

i. Single family, duplex, and multiple family dwellings;

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

k. Parks;

l. Financial institutions;

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m. Mobile commercial structures on a temporary basis for maximum of one year during construction of a permanent structure;

n. Building supplies and materials, provided such use, including storage of materials, is wholly contained within an enclosed building;

o. Customary accessory uses to any of the permitted uses listed in the CBD district, provide that:

1. A separate permit shall not be issued for the construction of any type of accessory building prior to that of the main building;

2. Any attached or detached accessory building shall maintain the same yards and setbacks as the principal use;

p. Mobile homes, subject to the requirements set forth in HCC 21.61.080 g. 1. and g. 2.;

q. Home occupations, provided they conform to the standards in Section 21.44.020f;

r. Ministorage;

s. Other similar uses as determined by the Planning Commission;

t. Apartment units located in buildings primarily devoted to commercial uses;

u. Churches;

v. Entertainment establishments, such as theaters and auditoriums;

w. Educational institutions, such as schools, museums and libraries;

x. Art, dance, music and radio studios;

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

z. Printing and publishing establishments;

aa. Self-service laundries;

bb. Recreational vehicle parks may be 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 §21.61.090;

cc. Temporary storage of commercial equipment being used in conjunction with a specific construction project for the duration of that project only;

dd. Mobile commercial structures on a temporary basis during construction of a new permanent structure will be allowed for the duration of the project only;

ee. 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;

ff. Mobile food services;

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

hh. Day care homes and facilities; provided, however, that play areas will be fenced.

ii. Roominghouses.

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jj. Automobile and vehicle repair, vehicle maintenance, public garage, and motor vehicle sales, showrooms and sales lots, but only on Main Street from Pioneer Avenue to the Sterling Highway, excluding corner lots with frontage on Pioneer Avenue or the Sterling Highway, be allowed as a permitted use. Vehicles awaiting repair or service; inoperable vehicles; vehicles for parts, and vehicles awaiting customer pickup shall be parked inside a fenced enclosure so as to be concealed from view, on all sides. The fence shall be a minimum height of 8' and so constructed to prohibit visibility of anything inside of the enclosure. The portion of any vehicle exceeding 8' in height shall be permitted to 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 inside the fenced enclosure out of view of the public.

kk. Farmer's market.

(Ord. 98-9(A), 1998; Ord. 97-10, 1997; Ord. 95-21(S) §§(Ord. 95-21(S) §§§ 6,8, 9(Part), 22,23 & 34, 1995; Ord. 92-18, 1992; Ord. 91-18(A) §15, 1991; Ord. 90-35(S) §§3 and 4, 1990; Ord. 89-7 (part), 1989; Ord. 89-3(A) (part), 1989; Ord. 88-6(S)(part), 1988; Ord. 86-35 (part), 1986; Ord. 84-28 §1(8) (part), 1984; Ord. 83-30 Exbt. 1(part), 1983; Ord. 82-21 §1(4), 1983; Ord. 82-15 §4(part), 1982).

Section 2. Section 21.32 of the Homer City Code is hereby amended by adding 21.32.167, to define Farmer's Market to read as follows:

21.32.167 Farmers market. "Farmers market " means a location where the primary activity is the sale of goods:

a. Grown upon the land that the seller controls, in the case of fruits, nuts, vegetables, other plant products, or other processed agricultural products;

b. Bred, raised, cultivated or collected by the seller, in the case of animal, poultry, viticulture, vermiculture, aquaculture, eggs, honey and bee products;

c. Cooked, canned, preserved, or otherwise significantly treated by the seller, in the case of prepared foods; or

d. Created, sewn, constructed, or otherwise fashioned from component materials by the seller, in the case of crafts.

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 ______________, 2001.

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CITY OF HOMER

_______________________

JACK CUSHING, MAYOR

ATTEST:

____________________________________

MARY L CALHOUN, CMC, CITY CLERK

YES:

NO:

ABSTAIN:

ABSENT:

First Reading: ___________

Public Hearing: __________

Second Reading: _________

Effective Date: __________

Reviewed and Approved as to form and content:

__________________________ _________________________

Ron Drathman, City Manager Gordon J. Tans, City Attorney

Date: _______________ Date: _______________