CITY OF HOMER
HOMER, ALASKA
PLANNING
ORDINANCE 03-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOMER,
ALASKA DELETED
REPEALING CHAPTER 21.63 CONTRACT REZONE FROM THE HOMER CITY CODE.
WHEREAS, the City Planning Director recommends
that Chapter 21.63 - Contract Rezoning of the Homer City Code be deleted, and;
WHEREAS, the City Attorney of the City of Homer, Alaska does not support
the continued application of Chapter 21.63 - Contract Rezoning, and;
WHEREAS, the Homer Advisory Planning Commission held a public hearing on
the matter on February 19, 2003.
NOW, THEREFORE, THE CITY OF HOMER HEREBY
ORDAINS THAT CHAPTER 21.63 CONTRACT REZONING IS REPEALED FROM THE HOMER CITY
CODE.
Section 1. Chapter 21.63 is hereby deleted from the Homer City Code.
Chapter
21.63 Contract Rezoning
Sections:
21.63.010 Intent
21.63.020 Procedures
21.63.030 Cost of monitoring
21.63.010 Intent.
It is the intent of this chapter to provide a means of insuring that the
type of land use proposed in a rezoning request is the one which occurs if the
rezoning is granted. “Contract
rezoning” means a zoning reclassification
to a less-restricted use when the owner of the rezoned property, either
through an agreement with the City Council or a covenant in favor of the City,
places restrictions on the use of the land beyond the zoning requirements,
generally attaching to the new district in which the property has been placed.
61.63.020 Procedures. a. A petition for contract rezoning shall
be submitted to the City Manager. The
applicant’s petition shall contain detailed information on the guarantees or
other forms of agreement to assure the development and use of the land as
proposed shall also be submitted. A
time schedule for the development and use shall be included with the petition.
b. The City Manager shall present the
petition to the Homer Advisory Planning Commission. The Advisory Planning Commission may consider the petitio9n up
finding that:
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Ordinance 03-21
City of Homer
1. The
proposed land use can be developed in a manner to be compatible with
development in adjacent zoning districts;
2. Existing
public facilities, services and utilities can accommodate the proposed use
without any detrimental effect on adjacent zoning districts;
3. Rezoning
accomplished under this section does not constitute “spot zoning”. The provisions of § 21.70.010 c. do not
apply to zoning initiated pursuant to this chapter;
4. Rezoning
to a district allowing the proposed use would permit other uses which would not
be compatible with the adjacent land use.
c. The Homer Advisory Planning
Commission may reject, modify or accept the applicant’s proposals submitted
under subsection a. of this section. If the applicant agrees in writing to the
Advisory Commission’s action, the Commission shall initiate the ordinance
amendment procedures of chapter 21.70.
Action taken by the Commission pursuant to this section shall not be
construed to limit the Commission’s authority to reject or modify the
applicant’s proposal during the zoning ordinance amendment process.
d. The applicant may appeal a Homer
Advisory Planning Commission action pursuant to subsection c. of this section
as provided in Chapter 21.68.
21.63.030 Cost of
monitoring. All costs for monitoring
any contract rezone shall be borne by the owner of the property being rezoned.
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 ______________________, 2003.
CITY OF HOMER
_______________________________
Jack Cushing, Mayor
ATTEST:
___________________________
Mary L. Calhoun, CMC, City Clerk
Page Three
Ordinance 03-21
City of Homer
AYES:
NOES:
ABSTAIN:
ABSENT:
First Reading:
Public Hearing:
Second Reading:
Effective Date:
Reviewed and approved as to form:
_____________________________ ___________________________
Walter E. Wrede Gordon J Tans
City Manager City Attorney
ABSTAIN :
ABSENT:
First Reading:
Public Hearing:
Second Reading:
Effective Date: