CITY OF HOMER

HOMER, ALASKA

City Council/Planning Commission

ORDINANCE 03-25 (S)(A)

 

AN ORDINANCE AMENDING THE HOMER ZONING ORDINANCE TO LIMIT THE SIZE AND DIMENSIONS OF BUILDINGS USED PRIMARILY FOR RETAIL OR WHOLESALE BUSINESS IN THE CENTRAL BUSINESS DISTRICT, GENERAL COMMERCIAL 1, GENERAL COMMERCIAL 2, MARINE COMMERCIAL, AND MARINE INDUSTRIAL DISTRICTS AND ADDING TO HCC 21.32 DEFINITIONS - RETAIL SALES AND WHOLESALE ESTABLISHMENT.

 

 

WHEREAS, the Homer Comprehensive Plan encourages a balance of open space and attractive, retail-oriented development; and

 

WHEREAS,  it is an overall goal of the community that structures and uses be compatible with neighboring structures, uses, and the natural environment; and

 

WHEREAS,  the institutional and commercial buildings of Homer provide a unique appearance and foster a sense of community; and

 

WHEREAS,  this unique appearance has created an aesthetically pleasing and livable community in scale with the environment and our citizens; and

 

WHEREAS,  the sense of community and attractiveness have brought many first time visitors, return visitors and new residents to our community; and

 

WHEREAS, visitors and residents are a strong component of our economy; and

 

WHEREAS, Homer=s diverse, small business focus has provided the Kenai Peninsula=s most stable and robust economy, which is less susceptible than others in difficult economic times; and

 

WHEREAS, Homer residents enjoy a quality of life through a balance of open space and mixed retail-oriented development; and

 

WHEREAS, a national trend exists to bring very large retail stores to small towns, which has the effect of concentrating traffic, absorbing a large portion of commerce, increasing vacancy rates; and

 

WHEREAS, very large retail stores are found in most corners of America, offering the same products and services, producing a homogenized look and feel across America; and

 


WHEREAS, a single very large retail store changes the overall small business character and severely limits the prospects for future competition and diversity that have been the hallmark of Homer; and

 

WHEREAS, the lack of national retail brand stores contributes to the unique appearance of Homer; and

 

WHEREAS, allowing a very large retail store to be constructed is an irrevocable step that changes the very nature of Homer that citizens strive to preserve; and

 

WHEREAS, Reasonable measures to sustain retail business growth rate are needed for Homer in order to maintain a strong and lasting economic expansion;

 

NOW, THEREFORE, THE CITY OF HOMER HEREBY ORDAINS:

 

Section 1.        Section 21.48.040 pertaining to the Central Business District is hereby amended to read as follows:

21.48.040 Dimensional requirements. The following dimensional requirements shall apply to all uses in the central business district unless otherwise provided in Chapter 21.61 or approved by variance as provided in Chapter 21.62:

a. Lot size.

1.  The minimum lot area shall be six thousand square feet.  Already existing smaller lot sizes may be approved subject to the provision of off-site parking as specified in the City parking ordinance;

2.  Multiple family dwelling containing three or more units shall meet the standards in ' 21.45.040 (a) (2), unless otherwise specified in conditional use permits;

3.  Townhouses shall meet the standards in ' 21.61.070, unless otherwise specified in conditional use permits.

b. Building Setbacks.

1. Twenty feet from all dedicated rights-of-way;

2.  Commercial buildings shall be set back five feet from all other lot boundary lines unless firewalls are provided and access to the rear of the building is otherwise provided (e.g. alleyways) as defined by the State Fire Code and enforced by the State Fire Marshall;

3.  Residential buildings shall be set back five feet from all other lot boundary lines.

c.  Building height.  The maximum building height shall be thirty-five feet.

d.   Building Area and Dimensions - Retail and Wholesale.

1.  Any building the main use of which is retail business, wholesale business, or a combination of the two, shall not exceed 40,000 square feet of floor area

i. shall not exceed 20,000 square feet of building floor area, and


ii. shall not exceed 300 200 feet in length or width.

2.  A group of contiguous or connected All buildings on a single tract of land shall be combined for purposes of these limitations.  Buildings situated upon a single tract under the same ownership shall be combined for the purposes of this limitation.

3. A group of contiguous or connected buildings situated upon a single tract or contiguous tracts of land under the same ownership shall be combined for purposes of these limitations.

4.  Any building or group of contiguous or connected buildings that exceeded these limitations on January 1, 2003, may expand not more than 10% in area or in linear dimension beyond its size on that date.

3.  Notwithstanding any other provision of this section or this code, no conditional use permit or variance may be granted that would allow a building to exceed the limits of this subparagraph (d).   A conditional use permit or variance may be granted that would allow a building to exceed the limit of this subparagraph by the Planning Commission provided that all conditions, impact standards and procedures set by the City of Homer as apply to the intended development are met.

 

d. Building Area and Dimensions - Retail and Wholesale.

1. Any building the main use of which is retail business, wholesale business, or a combination of the two, shall not exceed twenty thousand square feet of floor area.

2. Notwithstanding any other provision of this section or this code, no conditional use permit or variance may be granted that would allow a building to exceed the limits of this subparagraph (d) and no nonconforming use or structure may be expanded in any manner that would increase its nonconformance with the limits of subparagraph(d).

 

Section 2.        Section 21.49.040 pertaining to the General Commercial 1 District is hereby amended to read as follows:

21.49.040 Dimensional requirements. The following dimensional requirements shall apply to all uses in the General Commercial 1 District, unless otherwise provided in Chapter 21.62.

a. Lot size.  The minimum lot size shall be ten thousand square feet.

b. Building Setbacks.

1. Twenty feet from all dedicated rights-of-way;

2.  Buildings shall be set back five feet from all other lot boundary lines unless adequate firewalls are provided and adequate access to the rear of the building is otherwise provided (e.g. alleyways) as defined by the State Fire Code and enforced by the State Fire Marshall;

3. When the side of rear lot lines abut land within a residential district and when yard areas are to be used for parking loading, unloading or servicing, then the side and rear yard areas shall be effectively screened by a wall, fence, or other sight-obscuring screening. Such screening shall be of a height adequate to screen the enclosed parking, loading or servicing activity.

c.  Building height.  The maximum building height shall be thirty-five feet.

d. Building Area and Dimensions - Retail and Wholesale.


1.  Any building the main use of which is retail business, wholesale business, or a combination of the two, shall not exceed 40,000 square feet of floor area.

i. shall not exceed 30,000 square feet of building floor area in the General Commercial 1 area south of Lake Street, and shall not exceed 40,000 square feet in the remaining General Commercial 1 areas.

ii. shall not exceed 300 feet in length or width.

2.  A group of contiguous or connected buildings shall be combined for purposes of these limitations.

3. A group of contiguous or connected buildings situated upon a single tract or contiguous tracts of land under the same ownership shall be combined for purposes of these limitations.

3. 4.  Any building or group of contiguous or connected buildings that exceeded these limitations on January 1, 2003, may expand not more than 10% in area or in linear dimension beyond its size on that date.

3. 5.  Notwithstanding any other provision of this section or this code, no conditional use permit or variance may be granted that would allow a building to exceed the limits of this subparagraph (d).

 

2. Buildings situated upon a single tract under the same ownership shall be combined for the purposes of this limitation.

 

3. A conditional use permit or variance may be granted that would allow a building to exceed the limit of this subparagraph by the Planning Commission provided that all conditions, impact standards and procedures set by the City of Homer as apply to the intended development are met.

 

d. Building Area and Dimensions - Retail and Wholesale.

1. Any building the main use of which is retail business, wholesale business, or a combination of the two, shall not exceed forty thousand square feet of floor area.

2. Notwithstanding any other provision of this section of this code, no conditional use permit or variance may be granted that would allow a building to exceed the limits of this subparagraph (d)  and no nonconforming use or structure may be expanded in any manner that would increase its nonconformance with the limits of subparagraph(d).

 

Section 3.        Section 21.50.050 pertaining to the General Commercial 2 District is hereby amended to read as follows:

21.50.050 Dimensional requirements. The following dimensional requirements shall apply to all uses in the general commercial 2 district, unless otherwise provided in Chapter 21.61 or as provided in Chapter 21.62:

a. Lot size.  The minimum lot size shall be ten thousand square feet.

b. Building Setbacks.


1. Twenty feet from all dedicated rights-of-way;

2.  Buildings shall be set back ten feet from all other lot boundary lines.

3. Building Height.  The maximum building height shall be sixty-five feet, except within one hundred feet of a more restrictive district, in which case the maximum building height shall be the same height as required in the abutting district.

c. Building Area and Dimensions - Retail and Wholesale.

1.  Any building the main use of which is retail business, wholesale business, or a combination of the two,

i. shall not exceed 30,000 40,000 square feet of building floor area, and

ii. shall not exceed 300 feet in length or width.

2.  A group of contiguous or connected buildings shall be combined for purposes of these limitations.

3. A group of contiguous or connected buildings situated upon a single tract or contiguous tracts of land under the same ownership shall be combined for purposes of these limitations.

3. 4.  Any building or group of contiguous or connected buildings that exceeded these limitations on January 1, 2003, may expand not more than 10% in area or in linear dimension beyond its size on that date.

3. 5.  Notwithstanding any other provision of this section or this code, no conditional use permit or variance may be granted that would allow a building to exceed the limits of this subparagraph (d).

 

 c. Building Area and Dimensions - Retail and Wholesale.         

1. Any building the main use of which is retail business, wholesale business, or a combination of the two shall not exceed 40,000 squre feet of floor area.

2. Buildings situated upon a single tract under the same ownership shlal be combined for the purposes of this limitation.

 

3. A conditional use permit or variance may be granted that would allow a building to exceed the limit of this subparagraph by the Planning Commisson provided that all conditions, impact standards and procedures set by the City of Homer as apply to the intended development are met.

 

c. Building Area and Dimensions - Retail and Wholesale.

1. Any building the main use of which is retail business, wholesale business, or a combination of the two, shall not exceed forty thousand square feet of floor area.

2. Notwithstanding any other provision of this section of this code, no conditional use permit or variance may be granted that would allow a building to exceed the limits of this subparagraph (c)  and no nonconforming use or structure may be expanded in any manner that would increase its nonconformance with the limits of subparagraph(c).

 


Section 4.        Section 21.52.050 pertaining to the Marine Commercial District is hereby amended to read as follows:

21.52.050 Dimensional requirements. The following dimensional requirements shall apply to all uses in the Marine Commercial District, unless otherwise provided in Chapter 21.61:

a. The minimum lot size is twenty thousand square feet.  The minimum lot width is one hundred fifty feet.

b. Building shall be setback twenty feet from all dedicated rights-of-way and ten feet from all other lot boundary lines.

c. The maximum building height shall be thirty-five feet as measured from the bottom of the first floor.

d. Building Area and Dimensions - Retail and Wholesale.

1.  Any building the main use of which is retail business, wholesale business, or a combination of the two, shall not exceed 40,000 squre feet of floor area.

 

i. shall not exceed 40,000 20,000 square feet of building floor area, and

ii. shall not exceed 300 feet in length or width.

2.  A group of contiguous or connected buildings shall be combined for purposes of these limitations.

3. A group of contiguous or connected buildings situated upon a single tract or contiguous tracts of land under the same ownership shall be combined for purposes of these limitations.

3. 4.  Any building or group of contiguous or connected buildings that exceeded these limitations on January 1, 2003, may expand not more than 10% in area or in linear dimension beyond its size on that date.

3. 5.  Notwithstanding any other provision of this section or this code, no conditional use permit or variance may be granted that would allow a building to exceed the limits of this subparagraph (d).

2. Buildings situated upon a single tract under the same ownership shlal be combined for the purposes of this limitation.

 

3. A conditional use permit or variance may be granted that would allow a building to exceed the limit of this subparagraph by the Planning Commisson provided that all conditions, impact standards and procedures set by the City of Homer as apply to the intended development are met.

d. Building Area and Dimensions - Retail and Wholesale.

1. Any building the main use of which is retail business, wholesale business, or a combination of the two, shall not exceed twenty thousand square feet of floor area.

2. Notwithstanding any other provision of this section of this code, no conditional use permit or variance may be granted that would allow a building to exceed the limits of this subparagraph (d) and no nonconforming use or structure may be expanded in any manner that would increase its nonconformance with the limits of subparagraph(d).


Section 5.        Section 21.53.050 pertaining to the Marine Industrial District is hereby amended to read as follows:

21.53.050 Dimensional requirements.          a.  Lot Size. The minimum lot size shall be six thousand square feet, subject to Borough and State size requirements for lack of sewer and/or water utilities.

b. Setbacks.

1.  Twenty feet from all dedicated rights-of-way;

2.  Buildings shall be set back five feet from all other lot boundary lines unless adequate firewalls are provided and adequate access to the rear of the building is otherwise provided (e.g., alleyways) as defined by the State Fire Code and enforced by the State Fire Marshall.

c. Building Area and Dimensions - Retail and Wholesale.

1.  Any building the main use of which is retail business, wholesale business, or a combination of the two, shall not exceed 40,000 square feet of floor area.

i. shall not exceed 40,000 20,000 square feet of building floor area, and

ii. shall not exceed 300 feet in length or width.

2.  A group of contiguous or connected buildings shall be combined for purposes of these limitations.

3. A group of contiguous or connected buildings situated upon a single tract or contiguous tracts of land under the same ownership shall be combined for purposes of these limitations.

3. 4.  Any building or group of contiguous or connected buildings that exceeded these limitations on January 1, 2003, may expand not more than 10% in area or in linear dimension beyond its size on that date.

3. 5.  Notwithstanding any other provision of this section or this code, no conditional use permit or variance may be granted that would allow a building to exceed the limits of this subparagraph (d).

2. Buildings situated upon a single tract under the same ownership shlal be combined for the purposes of this limitation.

 

3. A conditional use permit or variance may be granted that would allow a building to exceed the limit of this subparagraph by the Planning Commisson provided that all conditions, impact standards and procedures set by the City of Homer as apply to the intended development are met.

c. Building Area and Dimensions - Retail and Wholesale.

1. Any building the main use of which is retail business, wholesale business, or a combination of the two, shall not exceed twenty thousand square feet of floor area.

2. Notwithstanding any other provision of this section of this code, no conditional use permit or variance may be granted that would allow a building to exceed the limits of this subparagraph (c) and no nonconforming use or structure may be expanded in any manner that would increase its nonconformance with the limits of subparagraph(c).


Section 6.        Sections 21.32.095 and 21.32.100 Definitions of Abusiness, retail@ and Abusiness, wholesale@ are hereby repealed.  Definitions of Aretail business@ and Awholesale business@ are hereby adopted.

 

1.         21.32.422 Retail business. Retail business means a place of business primarily engaged in selling goods, substances or commodities in small quantities to the ultimate consumer, and may include rendering services incidental to the sale of such goods, substances or commodities.

 

2.         21.32.557  Wholesale business.  Wholesale business means a place of business primarily engaged in selling or distributing goods, substances, or commodities in quantity to retailers or to industrial, commercial, or institutional users mainly for resale or business use.

 

Section 7.        New Section 21.43  Unzoned Areas within the City. 

 

1.         21.43.010 Purpose.      The purpose of this section is to assure that areas within the City limits that have not been zoned meet a set of requirements and standards.

 

2.         21.43.020 Permitted uses and structures.  The following uses are permitted outright in the Unzoned Areas:

a.         Single family dwelling, a detached dwelling unit.

b.         Multiple family dwelling containing three or more units shall meet the standards in section 21.45.040 (a)(2), unless otherwise conditionally permitted;

 

3.         21.43.030 Conditional uses and structures.

a.         Townhouses.

b.         Commercial establishments.

 

4.         21.43.040  Dimensional requirements.  The following dimensional requirements shall apply to all uses in the Unzoned Areas unless otherwise provided for in Chapter 21.61 or approved by variance as provided in Chapter 21.62:

a.         Lot size.

1.         The minimum lot area shall be forty thousand square feet for each dwelling unit in areas not served by public sewer and water.

2.         Each lot shall contain a minimum of twenty thousand square feet per dwelling unit if one of the following conditions exists:

i.  The lot is served by public water supply approved by the State Department of Environmental conservation; or

ii.  The lot is served by public or community sewer approved by the State Department of Environmental Conservation.

b.         Building Setbacks.

1.         Twenty-feet from all dedicated rights-of-way;

2.         Residential building shall be set back five feet from all other lot boundary lines;


3.         Commercial buildings shall be set back ten feet from all other lot boundary lines unless firewalls are provided and access to the rear of the building is otherwise provided (e.g. alley ways) as defined by the State Fire Code and enforced by the State Fire Marshall, in which case the buildings shall be set back five feet;

c.         Building Height.  The building height shall be a maximum of thirty-five feet;

d.         Building Area and Dimensions B Retail and Wholesale business.

1.         Any building the main use of which is retail, wholesale business, or a combination of the two; i.  shall not exceed 8,000 square feet of building floor area. and

ii. shall not exceed 300 feet in length or width.

2.         A group of contiguous or connected buildings shall be combined for purposes of these limitations.

3.         Notwithstanding any other provision of this section or this code, no conditional use permit or variance may be granted that would allow a building to exceed the limits of this subparagraph (d).

 

Section 8.        This ordinance is of a permanent and general character and shall be included in the City code. 

 

Section 8. Absent further action by the City council, the provisions of this ordinance shall laps and be of no further effect as of six months after the effective date of this ordinance, or as of adoption by the City Council of an ordinance adopting standards and procedures for construction of retail and wholesale buildings with twenty thousand square feet or more of floor area, whichever time period is shorter.

 

Section 9. This ordinance is of a temporary nature.

 

ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this 28th___ day of July, 2003.

 

 

CITY OF HOMER

_______________________________

Jack Cushing, Mayor

 

ATTEST:

 

___________________________

Mary L. Calhoun, City Clerk

 

 


AYES: -4-

NOES: -2-

ABSTAIN: -0-

ABSENT: -0-

 

First Reading: 04/28/03

Public Hearing: 05/12, 27 and 06/23/03

Second Reading: 06/09 postponed to 06/23, and 07/14, which was canceled, then to 07/28/03

Effective Date: 07/29/03

 

Reviewed and approved as to form:

 

_____________________________              ___________________________

Walter E. Wrede                                                          Gordon J. Tans

City Manager                                                               City Attorney