City Manager

CITY OF HOMER

HOMER, ALASKA

 

ORDINANCE 02-07(A)

 

 

AN ORDINANCE OF THE CITY OF HOMER AMENDING SECTIONS 21.36.030 & 21.42.010 OF THE HOMER CITY CODE TO MODIFY THE ZONING PROCESS AT THE TIME OF ANNEXATION.

 

WHEREAS, The current HCC 21.36.030 requires zoning of annexed areas at the time of annexation; and

 

WHEREAS, The process of zoning district amendment as required by HCC 21.70 requires extensive public involvement, including public notice and hearings, introduction of ordinance and subsequent hearings; and

 

WHEREAS, The process of annexation does not contain a time lag between final decision and implementation, so as to allow time for a public hearing process to occur; and

 

WHEREAS, Any change of zoning, or new implementation of zoning should only be accomplished with the input of the affected property owners and the community as a whole; and

 

WHEREAS, As required by the State of Alaska Title 29 Sec. 29.40.040, the adoption of zoning regulations must be in accordance with a comprehensive plan and is a mechanism to implement the plan; and

 

WHEREAS, The Homer City Council and the Kenai Peninsula Borough Assembly have adopted a Homer Comprehensive Plan incorporating land use planning; and

           

WHEREAS, The Homer Comprehensive Plan is appropriate for, and applicable to, areas being considered for annexation; and

 

WHEREAS, It is desirable that the HCC 21.36.030 requirement for zoning at the time of annexation should be modified to allow for extensive public involvement; and

 

WHEREAS, A time limit for zoning district designation is desirable; and

 

WHEREAS, Any decision regarding time extension should be appealable within the structure of Homer City government; and

 

WHEREAS, The current HCC 21.42.010 requires a zoning permit only in zoning districts; and

 

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Ordinance 02-07

City of Homer

 

WHEREAS, after an annexation, development activities may occur in areas which are not yet within zoning districts; and 

 

WHEREAS, it remains in the interest of the City of Homer to monitor land use in all areas within the City.

 

NOW, THEREFORE, THE CITY OF HOMER HEREBY ORDAINS:

 

Section 1.   Homer City Code Section 21.36.030, which sets forth the requirement of zoning at the time of annexation, is hereby amended to read as follows:

 

21.36.030 Zoning of annexed areas. Zoning of areas annexed to the city shall be determined initiated at the time of annexation.   Zoning district designations shall be completed within one year of annexation.  An extension of one year may be granted by the Homer City Advisory Planning Commission with approval of the Homer City Council.

 

Section 2. Homer City Code Section 21.42.010, which sets forth the requirement of zoning permits in every zoning district, is hereby amended to read as follows:

 

21.42.010 Zoning permit required; exceptions. a. Except as provided in subparagraph c, no person shall erect, construct, enlarge, alter, repair, move, improve, or convert any building or structure, or cause the same to be done, without first obtaining from the Planning Director a separate zoning permit for each such building or structure. This applies in every zoning district to all areas in the city.

 

Section 3.  This ordinance is of a permanent and general character and shall be included in the City Code.

 

            PASSED AND ENACTED by the Homer City Council this ____ day of ___________, 2002.

 

                                                                                                CITY OF HOMER

 

 

 

                                                                                                 ___________________________

                                                                                                JACK CUSHING, MAYOR

 

ATTEST:

 

______________________________________

MARY L. CALHOUN, CMC, CITY CLERK

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Ordinance 02-07

City of Homer

 

 

AYES:

NOES:

ABSTAIN:

ABSENT:

 

First Reading:

Public Hearing:

Second Reading:

Effective Date:

 

Reviewed and approved as to form:

 

 

 

 

__________________________________                __________________________________

Ronald W. Drathman, City Manager                                     Gordon J. Tans, City Attorney

 

Date:                                                                              Date: