CITY OF HOMER

HOMER, ALASKA

Planning

ORDINANCE 03-39

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA AMENDING HOMER CITY CODE 21.32 DEFINITIONS, 21.32.080 BUILDING HEIGHT; HCC 21.50 GENERAL COMMERCIAL 2 DISTRICT, 21.50.030 (q) CONDITIONAL USES AND STRUCTURES, 21.50.050 (b)(3) DIMENSIONAL REQUIREMENTS; HCC 21.52 MARINE COMMERCIAL DISTRICT, HCC 21.52.050 (c) DIMENSIONAL REQUIREMENTS; HCC 21.53 MARINE INDUSTRIAL DISTRICT, HCC 21.53.050 (b)(2) DIMENSIONAL REQUIREMENTS; AND DELETING HCC 21.60.210 HEIGHT REGULATIONS EXCEPTIONS (b).

WHEREAS, it is in the best interest of the City and its citizens to have a clearly understandable definition of “Building Height,” and

WHEREAS, the Homer Advisory Planning Commission held a public hearing on the matter on April 16, 2003.

NOW, THEREFORE, THE CITY OF HOMER HEREBY ORDAINS:

Section 1. Homer City Code 21.32.080 Building Height is hereby amended to read as follows:

21.32.080 Building Height. “Building height” means the vertical distance from an accessible finished grade to the highest point of the coping of a flat roof or the deck line of a mansard roof or to the highest point of a pitch or the hip roof. (Ord. 82-15 §4(part), 1982 is the vertical distance from a fire department accessible finished grade to the maximum height or peak of the roof including screening, parapets, mansards or similar structures. When determining building height on a sloping lot, building height shall be calculated as follows: greater than 50% of the perimeter of the building shall meet the maximum building height requirements; the maximum elevation of the remainder of the building shall not exceed the elevation of the first portion nor add more than 12 ft of building height from fire department accessible grade.

Section 2. Homer City Code 21.50 General Commercial 2 District, HCC 21.50.050 Dimension Requirements is hereby amended to read as follows:

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

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Ordinance 03-39

City of Homer

be the same height as required in the abutting district. The maximum building height shall be thirty-five feet.

Section 3. Homer City Code 21.50 General Commercial 2 District, HCC 21.50.030 Conditional Uses and structures, is hereby amended to add the following:

q. Building Height. Buildings with a height greater than thirty-five feet and less than 55 feet.

Section 4. Homer City Code 21.52 Marine Commercial, HCC 21.52.050 Dimensional Requirements is hereby amended to read as follows:

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

Section 5. Homer City Code 21.53 Marine Industrial, HCC 21.53.50 Dimensional Requirements is hereby amended to read as follows:

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

Section 6. Homer City Code 21.60.210 Height regulations – Exceptions – when permitted. (b), is hereby amended to delete:

b. The provisions of chapters 21.28 through 21.69 shall not limit the erection of parapet walls or cornices up to five feet above the building height.

Section 7. 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

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Ordinance 03-39

City of Homer

_______________________________

Jack Cushing, Mayor

ATTEST:

___________________________

Mary L. Calhoun, City Clerk

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

Fiscal Note: NA