CITY OF HOMER

City Manager

HOMER, ALASKA

Planning Commission

ORDINANCE 01-45



AN ORDINANCE OF THE CITY OF HOMER AMENDING SECTION 21.45.020 OF THE HOMER CITY CODE TO REPEAL "PROFESSIONAL OFFICES" AS A PERMITTED USE IN THE URBAN RESIDENTIAL DISTRICT.

WHEREAS, HCC 21.45.010 states that the Urban Residential district is intended to provide a sound environment for medium-density residential buildings, including single-family, duplex, and low-rise multiple-family, and that the purpose of the district is to promote a variety of housing types and design to meet housing demands; and

WHEREAS, the objectives of the residential land use portion of the City's comprehensive plan include the objectives to (1) provide areas for residential land uses that cluster compatible use types and densities, (2) to protect the integrity and attractiveness of the residential neighborhood, and (3) to continue to encourage infilling of residential areas; and

WHEREAS, allowing any unrestricted offices whether professional or not, in the Urban Residential district does not well serve the intent and purpose of the district, nor does it promote the general objectives of the residential land use plan, because it will increase traffic, noise, and parking, detract from the integrity and attractiveness of the residential neighborhood, detract from the value of the property for residential uses, discourage new residential development, and interfere with the sense of neighborhood community; now, therefore,

THE CITY OF HOMER HEREBY ORDAINS:

Section 1. Section 21.45.020 of the Homer City Code, which sets forth the permitted uses in the Urban Residential District, is hereby amended to read as follows:

21.45.020 Permitted uses and structures. The following uses are permitted outright in the urban residential district:

a. Single-family dwelling, a detached dwelling unit;

b. Duplex dwelling, a structure having only two dwelling units;

c. Multifamily family dwelling, a building or a portion thereof designed for occupancy by three or more families, provided the structure conforms to Section 21.45.040(a)(2);

d. Individual mobile homes are not permitted;

Page Two

Ordinance 01-45

City of Homer

e. Public parks and playgrounds;

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

g. Boardinghouses;

h. Private floatplane tie-up facility as an accessory use;

{ i. Professional offices; (Professional offices is deleted by this ordinance)}

j. Public schools;

k. Storage of personal commercial fishing gear in a safe orderly manner and separated by at least five feet from any property line as an accessory use;

l. Private storage in yards of noncommercial equipment, including noncommercial trucks, boats, and not more than one recreational vehicle in a safe and orderly manner and separated by at least five feet from any property line as an accessory use;

m. The outdoor harboring or keeping of dogs, small animals and fowl as an accessory use in a manner consistent with the requirements of all other titles of this code and as long as such animals are kept as pets and their numbers are such as not to cause undue disturbance for neighboring property owners;

n. Customary accessory uses to any of the permitted uses listed in the UR district, provided that:

1. No separate permit shall be issued for the construction of any type of accessory building prior to that of the main building;

2. Detached accessory buildings may occupy not more than twenty-five percent of a required rear or side yard, shall not be more than one thousand two hundred square feet in area, and shall be located at least five feet from the nearest part of a main building and five feet from a property line;

o. Day care homes;

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

q. Mobile commercial structures on a temporary basis during construction of a new permanent structure. If the mobile commercial structure is used in conjunction with a road, water or sewer construction project for which no building permit is issued, said use of a mobile commercial structure will be allowed for the duration of the project only;

r. Recreational vehicles, subject to the standards set out in за21.60.250.

Section 2. 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 ____ day of ___________, 2001.





Page Three

Ordinance 01-45

City of Homer



CITY OF HOMER




_______________________________
JACK CUSHING, MAYOR

ATTEST:







____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

AYES:

NOES:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date:

Reviewed and approved as to form:

_____________________________ ___________________________

Ron Drathman Gordon J Tans

City Manager City Attorney