CITY OF HOMER
HOMER, ALASKA
Planning Commission
ORDINANCE 04-11(A)
AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA AMENDING HOMER CITY CODE CHAPTERS 21.32 DEFINITIONS, SECTION 21.42 ZONING PERMIT, SECTION 21.48 CBD CENTRAL BUSINESS DISTRICT, SECTION 21.49 GC1 GENERAL COMMERCIAL 1 DISTRICT, SECTION 21.50 GC2 GENERAL COMMERCIAL DISTRICT, SECTION 21.52 MC MARINE COMMERCIAL DISTRICT, SECTION 21.53 MI MARINE INDUSTRIAL DISTRICT, SECTION 21.61 CONDITIONAL USE PERMITS ADDING 21.61.105 REQUIREMENTS FOR LARGE RETAIL AND WHOLESALE DEVELOPMENT MORE THAN 15,000 SQUARE FEET IN AREA, AND ADDING 21.61.110 STANDARDS FOR TRAFFIC IMPACT ANALYSIS.
WHEREAS, the Homer Advisory Planning Commission (Commission) was directed by the Homer City Council to develop standards for addressing large retail and wholesale development; and
WHEREAS, the Homer City Council further directed the Commission to recommend a size cap for large retail and wholesale development; and
WHEREAS, the Commission held 26 work sessions, 18 regular meetings, and 1 special meeting at which the Commission worked on standards and size recommendations for large and wholesale developments; and
WHEREAS, the Commission carefully considered the recommendations of the Large Structure Impact Task Force; and
WHEREAS, the Commission carefully considered changes and revisions as outlined in the Homer Chamber of Commerce Legislative Committee’s outline on impact statement and standards; and
WHEREAS, the Commission considered State of Alaska adopted Building Codes; and
WHEREAS, the Commission reviewed and considered Alaska Statutes Title 29.40.040, land use regulations; and
WHEREAS, the Commission reviewed all zoning districts and the zoning map; and
WHEREAS, the Commission reviewed and considered Title 7, Vehicles, Traffic and Parking; and
WHEREAS, the Commission reviewed existing performance standards in Title 21 and standardized them in the Central Business District, General Commercial 1 and 2, Marine Commercial and Marine Industrial Districts; and
WHEREAS, the Commission determined additional landscaping requirements were needed for the Central Business District, General Commercial 1 and 2, Marine Commercial and Marine Industrial Districts; and
WHEREAS, the Commission determined additional lighting requirements were needed for the Central Business District, General Commercial 1 and 2, Marine Commercial and Marine Industrial Districts; and
WHEREAS, the Commission determined there is a need for protection
during development in the Central Business District, General Commercial 1 and
2, Marine Commercial and Marine Industrial Districts and thus developed
standards and criteria for Development Activity Plan ; and
WHEREAS, the Commission determined there is a need for Storm Water Plans for the Central Business District, General Commercial 1 and 2, Marine Commercial and Marine Industrial Districts to protect groundwater and surrounding properties; and
WHEREAS, the Commission considered input from a State of Alaska registered engineer as they developed the standards and criteria for the Development Activity and Storm Water plans; and
WHEREAS, the Commission determined Traffic Impact Analysis is
needed for certain levels of development within Central Business District,
General Commercial 1 and 2, Marine Commercial and Marine Industrial Districts
and for large retail and wholesale development; and
WHEREAS, the Commission requested professional advice from a traffic consultant in developing traffic impact criteria and standards and developed a set of conditional use standards for such Traffic Impact Analysis, and thresholds for requiring a Traffic Impact Analysis for Central Business District, General Commercial 1 and 2, Marine Commercial and Marine Industrial Districts and for large retail and wholesale development; and
WHEREAS, the Commission developed conditional use standards specifically for large retail and wholesale development; and
WHEREAS, these large retail and wholesale standards include parking, landscaping, and lighting requirements that are in addition to those included in the Central Business District, General Commercial 1 and 2, Marine Commercial and Marine Industrial Districts; and
WHEREAS, these large retail and wholesale standards also include requirements that are unique to large retail and wholesale development, such as Citizen Participation Meetings, Building and Aesthetic Standards, and Economic Impact Analysis; and
WHEREAS, the Commission requested professional advice from a State of Alaska economist in developing economic impact criteria and standards; and
WHEREAS, The Commission reviewed and added definitions as needed by the revisions and additions to Title 21; and
WHEREAS, the Commission considered selecting optimum maximum large retail and wholesale sizes from 20,000 to 50,000 square feet with standards in all commercial zones; and
WHEREAS, the Commission considered the proposed standards and size caps as they relate to Homer’s future growth, responsibilities and needs; and
WHEREAS, the Commission considered property rights throughout the zoning districts and how the proposed standards and size limitations might create or cause undue hardship or loss to property owners; and
WHEREAS, the Commission reviewed and considered “design manuals” from other communities and is in the process of developing such design manual for the City of Homer to assist developers and property owners in navigating the new standards within the code; and
WHEREAS, in evaluating and developing all of this information the Commission considered the recommendations of the Homer Comprehensive Plan update; and
WHEREAS, the Homer Comprehensive Plan states a goal of “Improve the attractiveness and usability of the business core to encourage use of the area”; and
WHEREAS, the Homer Comprehensive Plan includes an action item as follows, “The City shall encourage the beautification and retention of natural vegetation throughout the commercial business core and institute a landscape ordinance, in recognition of climate moderation, noise diffusion, and habitat and aesthetic benefits of natural vegetation”, and
WHEREAS, the Homer Comprehensive Plan includes an action item as follows, “The City shall work with private business and property owners to insure that the unique cultural identity of locally owned and developed small business is not lost to national marketing and branding identities”; and
WHEREAS, the Homer Comprehensive Plan includes an action items as follows, “The City shall work through the zoning and building process to limit the display of national brand signage and architecture, placing emphasis on local business identity”; and
WHEREAS, the proposed ordinances were available to the public for review; and
WHEREAS, the Commission met jointly with the Homer City Council as a work session to review the proposed ordinances and answer questions; and
WHEREAS, the Commission held two public hearings on the proposed ordinances, on February 18, 2004 and February 24, 2004, respectively; and
WHEREAS, written comments were received by the Commission; and
WHEREAS, the Commission carefully reviewed and considered all comments provided on the proposed ordinances.
NOW, THEREFORE, THE CITY OF HOMER HEREBY ORDAINS;
Section 1. Chapter 21.32 DEFINITIONS is hereby amended to read as follows:
Chapter
21.32
DEFINITIONS
Sections:
21.32.010 Homer
zoning code definitions.
21.32.015 Accessory
use of building.
21.32.017 Adverse
impact.
21.32.020 Agriculture
building.
21.32.025 Alley.
21.32.030 Alterations.
21.32.035 Apartment
house.
21.32.040 Automobile
wrecking.
21.32.045 Basement.
21.32.055 Boat
storage yard.
21.32.060 Building.
21.32.065 Building
area.
21.32.070 Building
code.
21.32.072 Building
construction.
21.32.080 Building
height.
21.32.085 Building
line, front.
21.32.090 Building,
principal or main.
21.32.092 Building
supplies and materials.
21.32.094 Buffers.
21.32.095 Business,
retail.
21.32.100 Business,
wholesale.
21.32.105 Campground.
21.32.110 Cemetery.
21.32.112 Channel
Protection Storage Volume (Cpv).
21.32.115 Church.
21.32.117 Clearing.
21.32.120
Clinic.
21.32.121
Commercial
Vehicles
21.32.122
Commission
21.32.125 Comprehensive
plan.
21.32.130 Concept
plan.
21.32.135 Condominium.
21.32.140 Construction
camp.
21.32.141 CPS
(Coalescing Plate
Separators).
21.32.1452 Day care facility.
21.32.1463 Day care home.
21.32.1474 Detente.
21.32.145
Design
Year.
21.32.146
Detention
structure.
21.32.147
Development
Activity Plan.
21.32.148
Direct
discharge.
21.32.149
Dividers.
21.32.151 Drainage
area.
21.32.1502 Dredging/filling.
21.32.153 Drip
line.
21.32.1585 Drive-in car wash.
21.32.1588 Dwelling
21.32.160 Dwelling,
duplex.
21.32.1681 Dwelling, factory built.
21.32.170 Dwelling,
multiple-family.
21.32.175
Dwelling,
single family.
21.32.180 Easement.
21.32.177183 Educational institution.
21.32.179185 Entertainment establishment.
21.32.187 Extended
detention.
21.32.1858 Extractive enterprises.
21.32.189 Extreme
flood volume (Qf).
21.32.190
Family.
21.32.167191 Farmers Market
21.32.195 Fence
height.
21.32.200 Floor
area.
21.32.205
Floor area
ratio.
21.32.204 Flow
attenuation.
21.32.210 Garage,
private.
21.32.215 Garage,
public.
21.32.220 Garage,
storage.
21.32.221 Glare.
21.32.222 Grading.
21.32.225 Group
care home.
21.32.230 Guesthouse.
21.32.235 Heliports.
21.32.240 Home
occupation.
21.32.245 Hotel
or motel.
21.32.246 Impound
yard.
21.32.247
Independent
Business
21.32.248
Infiltration.
21.32.249 Islands.
21.32.24850 Itinerant merchant.
21.32.24951 Junk.
21.32.2502 Junkyard.
21.32.255 Kennels.
21.32.257 Landscaping.
21.32.258 Level
of Service (LOS).
21.32.259 Light
trespass.
21.32.260
Living
ground cover.
21.32.261
Living
plant life other than ground cover.
21.32.2602 Loading space.
21.32.265 Lot.
21.32.270 Lot
area.
21.32.275 Lot,
corner.
21.32.280 Lot
depth.
21.32.285 Lot,
interior.
21.32.290 Lot,
key.
21.32.295 Lot
line, front.
21.32.300 Lot
line, rear.
21.32.305 Lot
line, side.
21.32.310 Lot,
reversed corner.
21.32.315 Lot,
through.
21.32.320 Lot,
width.
21.32.321 Luminaire.
21.32.322
Luminaire
cutoff.
21.32.323
Luminaire,
height of.
1.32.322 4 Ministorage.
21.32.323 5 Mobile food service.
21.32.324 6 Mobile commercial structure.
21.32.325 7 Mobile home; manufactured home.
21.32.330 Mobile
home park.
21.32.039 Native vegetation.
21.32.340 Natural or man-made features.
21.32.3401 Nonconforming lot.
21.32.345 Nonconforming
structure.
21.32.346 Nonconforming
use.
21.32.348 Nonpoint
source Pollution.
21.32.355 Occupancy.
21.32.357 Office.
21.32.358 Off-site
stormwater management.
21.32.360
Off-street
parking space.
21.32.361
Oil-Water
Separators.
21.32.363 On-site
stormwater management.
21.32.365 Open
space.
21.32.366
Overbank
flood protection volume(Qp)
21.32.370 Parking
lot.
21.32.3701 Parking space, private.
21.32.375 Parking
space, public.
21.32.376 Peak
hour.
21.32.377 Pedestrian
ways.
21.32.380 Performance
standards.
21.32.381 Permeable, continuous non-living ground cover.
21.32.382 Personal
Service.
21.32.385 Pipeline.
21.32.390 Place.
21.32.395 Planned
unit development.
21.32.400 Planning
Commission.
21.32.402 Point
source pollution
21.32.405 Professional
office.
21.32.407 Pollutant.
21.32.408 Public
spaces.
21.32.410 Public
utility facility or structure.
21.32.411 Recharge
volume (Rev).
21.32.413 Recreational
facility indoor.
21.32.415 Recreational
vehicle.
21.32.420 Recreational
vehicle park.
21.32.423 Retention
structure.
21.32.425 Right-of-way.
21.32.430 Roadside
stand.
21.32.432 Roominghouse.
21.32.433 School.
21.32.435 Schools,
private.
21.32.440 Schools,
public.
21.32.445 Service
station.
21.32.447 Sediment.
21.32.450 Setback.
21.32.451 Shelter
for the homeless.
21.32.455 Sign.
21.32.459 Site.
21.32.460 Site
plan.
21.32.463 Stabilization.
21.32.465 Stable,
private.
21.32.470
Stable, public.
21.32.471
Stand
Alone Business.
21.32.475 State highway.
21.32.477
Stormwater
management.
21.32.478
Stormwater
Management Plan.
21.32.479 Stormwater runoff.
21.32.480 Story.
21.32.485 Story,
half.
21.32.490 Street.
21.32.495 Street
line.
21.32.497 Stripping.
21.32.500 Structural
alterations.
21.32.505 Structure.
21.32.510 Studio.
21.32.511 Taxi.
21.32.512 Taxi
operation.
21.32.513 Temporary
business.
21.32.515
Timber growing
or forest crops.
21.32.516
Total
Suspended Solids.
21.32.520 Townhouse.
21.32.521 Trip.
21.32.535 Use.
21.32.540 Variance.
21.32.541 Vehicle
fleet.
21.32.542 Vehicle
maintenance.
21.32.543 Vehicle
repair or auto repair.
21.32.545 Visibility/vision
clearance.
21.32.548 Watercourse.
21.32.550 Water-dependant.
21.32.555 Water-related.
21.32.558 Water
quality volume (WQv).
21.32.560 Yard.
21.32.565 Yard,
front.
21.32.570 Yard,
rear.
21.32.575 Yard,
side.
21.32.010 Homer zoning code definitions.
a. For the purpose of Chapters
21.28 through 21.70, the following words used herein shall be interpreted or
defined as set forth in this chapter.
b.
When not inconsistent with the context, the present tense includes the
future; the singular number includes the plural; the word “person” includes
firm, partnership or corporation; the word “lot” includes plot, piece or
parcel; the term “shall” is always mandatory; and the words “used” and
“occupied” include intended, arranged or designed to be used or occupied. (Ord. 82-15 §4(part), 1982).
21.32.015 Accessory use or building.
“Accessory use or building” means a use or building customarily
incidental and subordinate to, and located on the same lot with the principal
building. (Ord. 82-15 §4(part), 1982).
21.32.017
Adverse impact. “Adverse impact”
means a condition that creates, imposes, aggravates or leads to
inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for
development or on off-tract property or facilities.
21.32.020 Agricultural building.
“Agricultural building” means a building used to shelter farm
implements, hay, grain, poultry, livestock, or other farm products, in which
there is no human habitation and which is not used by the public. (Ord. 82-15 §4(part), 1982
21.32.025 Alley.
“Alley” means a public thoroughfare less than thirty feet in width,
which affords only a secondary means of access to abutting property. Alleys are not subject to a twenty-foot
setback requirement. The setback
requirements for any lot abutting an alley will be determined by the
dimensional requirements of the zoning district in which the alley is
located. (Ord. 87-9 (part), 1987; Ord.
82-15 §4(part), 1982.)
21.32.030 Alterations.
“Alterations” means any change, addition or modification in construction
or occupancy. (Ord. 82-15 §4(part), 1982).
21.32.035 Apartment house. For
“apartment house” see “dwelling, multiple.”
(Ord. 82-15 §4(part), 1982.)
21.32.040 Automobile wrecking.
“Automobile wrecking” means the dismantling of more than one used motor
vehicle or trailer, or the storage or sale of parts from any dismantled or
partially dismantled, obsolete or wrecked vehicle. (Ord. 82-15 §4(part), 1982.)
21.32.045 Basement.
“Basement” means a story partly or wholly underground. See definition of “story”. (Ord. 82-15 §4(part), 1982.)
21.32.055 Boat storage yard.
“Boat storage yard” means a park of land and buildings thereon used for
the commercial dry storage of boats.
(Ord. 82-15 §4(part), 1982.)
21.32.060 Building. “Building” means any structure built for the support, shelter or
enclosure of persons, animals, chattels or property of any kind. (Ord. 82-15
§4(part), 1982.)
21.32.065 Building area.
“Building area” means the total areas, taken on a horizontal plane, at
the main grade level of the principal building and all accessory buildings,
exclusive of steps. (Ord. 82-15
§4(part), 1982.)
21.32.070 Building code.
“Building code” means the building code of the City and/or other building
regulations applicable in this district.
(Ord. 82-15 §4(part), 1982.)
21.32.072 Building construction.
“Building construction” means the placing of construction materials in a
permanent position and fastened in a permanent manner. (Ord. 82-15 §4(part), 1982.)
21.32.080 Building height.
“Building height” 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 fifty percent (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 twelve (12) feet of building height from fire department
accessible grade.
21.32.085 Building line, front.
“Front building line” means the line of that part of the building
nearest the front line of the lot. (Ord.
82-15 §4(part), 1982.)
21.32.090 Building, principal or main.
“Principal or main building” means a building in which is conducted the
principal or man use of the lot on which the building is situated. (Ord. 82-15 §4(part), 1982.)
21.32.094
Buffers. “Buffers” means open spaces,
landscaped areas, fences, walls, berms, or any combination thereof used to
physically separate or screen one use or property from another so as to
visually shield or block noise, lights, or other nuisances.
21.32.095 Business, retail.
“Retail business” means the retail sales of any article, substance or
commodity for profit or livelihood.
(Ord. 82-15 §4(part), 1982.)
21.32.100 Business, wholesale.
“Wholesale business” means an activity requiring the wholesale handling
of any article, substance or commodity for profit or livelihood. (Ord. 82-15 §4(part), 1982.)
21.32.105 Campground.
“Campground” means a parcel of land where two or more campsites are
located, which provides facilities for temporary recreational living in any
manner other than a permanent building. (Ord. 82-15 §4(part), 1982.)
21.32.110 Cemetery.
“Cemetery” means land used or intended to be used for burial of the dead
and dedicated for cemetery purposes, including columbaria and mausoleums when
operated in conjunction with and within the boundary of such cemetery. (Ord.
82-15 §4, 1982.)
21.32.112 Channel Protection Storage Volume
(Cpv). “Channel Protection Storage
Volume (Cpv)” means the volume used to design structural management
practices to control stream channel erosion.
21.32.115 Church.
“Church” means a building, together with its accessory buildings and
uses, where persons regularly assemble for worship, and which building together
with its accessory buildings and uses, is maintained and controlled by a
religious body organized to conduct public worship. (Ord. 82-15 §4(part), 1982.)
21.32.117 Clearing. "Clearing" means the removal of trees and brush
from the land but shall not include the ordinary mowing of grass.
21.32.120 Clinic.
“Clinic” means a building or portion thereof containing offices and
facilities for providing medical, dental or psychiatric services, including a
dispensary to handle medication and other merchandise prescribed by occupants
in connection with their medical practices.
(Ord. 82-15 §4(part), 1982).
21.32.121 Commercial Vehicles. “Commercial Vehicles” means any motor vehicle licensed by a state as a commercial vehicle or vehicles with signs or logos over 9 square feet in area.
21.32.122. Commission. “Commission” means the Homer Advisory Planning Commission.
21.32.125 Comprehensive plan.
“Comprehensive plan” means a set of documents including reports, plans
and maps which have been adopted by the proper authority for the purpose of
guiding public decisions, especially as they relate to the economic, social and
physical growth and development or redevelopment of the City. (Ord. 82-15
§4(part), 1982.)
21.32.130 Concept plan.
“Concept plan” means a generalized plan showing a developer’s concept of
how a parcel of land might be used and developed. The plan is prepared by the developer as a basis for discussion
and for reaching preliminary agreements with the Planning Commission. (Ord.
82-15 §4(part), 1982.)
21.32.135 Condominium.
“Condominium” means a single dwelling unit in a multiple-family
dwelling, which is separately owned and which may be combined with an undivided
interest in the common areas and facilities of the property. (Ord. 95-21(S), 1995; Ord. 82-15 §4(part),
1982.)
21.32.140 Construction camp. “Construction
camp” means a group of buildings, trailers, mobile homes or similar structures
used to house workers and/or employees for logging, mining, off-shore and
on-shore construction and development projects, installed primarily for the
duration of the project or operation and not open for use by the general public
as a tourist camp or for permanent mobile home living. (Ord. 82-15 §4(part),
1982.)
21.32.141 CPS (coalescing plate
separators). “CPS” (coalescing
plate separators) are oil/water separators that employ a series of
oil-attracting plates. Oil droplets collect and float to the surface, where
they can be skimmed off or removed mechanically and may be installed above or
below ground.
21.32.145 2 Day care facility. “Day care facility” means any establishment
for the care of children, whether or not for compensation, excluding day care
homes and schools. Such day care
facility must also be duly licensed by the State, if so required by State law
or regulation. (Ord. 95-21(S), 1995;
Ord. 88-9(part), 1988.)
21.32.146 3 Day care home. “Day
care home” means a dwelling unit of person(s) who regularly provides care,
whether or not for compensation, during part of the 24-hour day to eight or
less children at any one time, not including adult members of the family
residing in the dwelling. Such day care
home must also be duly licensed by the State, if so required by State law or
regulation. A day care home may provide
care for the entire 24-hour day on a temporary basis if permitted to do so by
State law, regulation or permit. The
term “day care home” is not intended to include baby-sitting services of a
casual, nonrecurring nature, child care provided in the child’s own home, or
cooperative, reciprocating child care by a group of parents in their respective
dwellings. Child care providers should
note that a person caring for two or more children unrelated to that person may
be subject to State licensing requirements, and that State laws and regulations
may restrict the number of unrelated children receiving care to less that
eight, whether or not a license is required.
(Ord. 95-21(S), 1995; Ord. 88-9 (part), 1988).
21.32.147 4 Detente.
“Detente” means a residential facility of six bedrooms maximum, ten or
fewer persons, living as a single housekeeping unit under the auspices and with
the assistance of the profession of Kinlein.
Residents are assisted in ESCA (exercise of self-care agency) with
regard to daily living. (Ord. 84-13
(part), 1984.)
21.32.145 Design Year. “Design Year” means the year that is 10
years after the opening date of development.
21.32.146 Detention structure. "Detention structure" means
a permanent structure for the temporary storage of runoff, which is designed so
as not to create a permanent pool of water.
21.32.147 Development
Activity Plan. “Development Activity
Plan” means a plan that provides for the control of stormwater discharges, the
control of total suspended solids, and the control of other pollutants carried
in runoff during construction and the use of the development.
21.32.148 Direct
discharge. “Direct discharge” means the
concentrated release of stormwater to tidal waters or vegetated tidal wetlands
from new development or redevelopment projects in Critical Habitat Areas.
21.32.149 Dividers. “Dividers” means areas of landscaping such
as but not limited to areas separating parking lots or buildings.
21.32.151
Drainage area. "Drainage
area" means that area contributing runoff to a single point measured in a
horizontal plane, which is enclosed by a ridge line.
21.32.1502 Dredging/filling.
“Dredging/filling” means an activity which involves excavating along the
bottom of a water body for the purpose of channeling, creating a harbor,
mineral extraction, etc., and the subsequent deposition of the dredge material
to build up or expand an existing land mass or to create a new one. (Ord. 82-15 §4 (part), 1982).
21.32.153 Drip line. “Drip line” means the outer most edge of foliage on trees, shrubs, or hedges projected to the ground.
21.32.158 5Drive-in car wash.
"Drive-in car wash" means automated car wash facilities and
equipment used for retail car wash services.
Said drive-in car wash shall be enclosed within a permanent building and
may be accompanied by vacuum cleaning equipment for car interior detailing
outside of building. (Ord. 98-13(S)§2, 1998.)
21.32.1558 Dwelling.
“Dwelling” or “dwelling unit”
means any building or portion
thereof which contains living facilities, including provisions for sleeping,
eating, cooking and sanitation, for not more than one family. (Ord. 95-21(S) §5, 1995; Ord. 82-15
§4(part), 1982).
21.32.160 Duplex dDwelling, duplex.
“Dwelling, duplex” means a building
designed or arranged to be occupied by two families living
independently, the structure having only two dwelling units. (Ord. 95-21(S) §6, 1995; Ord. 82-15
§4(part), 1982).
21.32.1681 Factory built
dDwelling, factory built.
“Dwelling, factory built” means a structure containing one or more
dwelling units built off-site, other than a manufactured home, which: (1) is
designed only for erection or installation on a site-built permanent
foundation; (2) is not designed to be moved once so erected or installed; and
(3) is designed and manufactured to comply with a nationally recognized model
building code or an equivalent local code, or with a state or local modular
building code recognized as generally equivalent to building codes for
site-built housing. (Ord. 95-21(S) §7,
1995.)
21.32.170 Multiple-family dDwelling,
multiple-family. “Dwelling, multiple-family” means a building
or a portion thereof designed for occupancy by three or more families living
independently in separate dwelling units which may or may not share common
entrances and/or other spaces. (Ord.
95-21(S) §8, 1995; Ord. 82-15 §4(part), 1982.)
21.32.175 Single Family dDwelling,
single family. “Dwelling, single family” means a detached
dwelling unit with kitchen and sleeping facilities, designed for occupancy by
one family. (Ord. 95-21(S), 1995; Ord.
82-15 §9(part), 1982.).)
21.32.180 Easement. “Easement"
means a grant or reservation by the owner of land for the use of such land by
others for a specific purpose or purposes, and which must be included in the
conveyance of land affected by such easement.
21.32.177183 Educational
institution. “Educational institution” means a school,
seminary, college, university, or other educational establishment, not
necessarily a chartered institution, including but not only buildings, but also
all grounds necessary for the accomplishment of the full scope of educational
instruction, including those things essential to mental, moral and physical
development. (Ord. 86-35 (part), 1986).
21.32.179 185Entertainment
establishment. “Entertainment establishment” means a public
or private institution or place of business involved in shows or
performances. (Ord. 86-35 (part),
1986).
21.32.187 Extended detention. “Extended
detention” means a stormwater design feature that provides gradual release of a
volume of water in order to increase settling of pollutants and protect
downstream channels from frequent storm events.
21.32.185188 Extractive
enterprises. “Extractive enterprises” means uses and
activities which involve the removal of ores, liquids and other minerals and
substances from the earth’s surfaces and subsurfaces. (Ord. 82-15 §(part), 1982).
21.32.189 Extreme flood volume (Qf).
“Extreme flood volume (Qf)” means the storage volume required to
control those infrequent but large storm events in which overbank flows reach
or exceed the boundaries of the 100-year floodplain.
21.32.190 Family.
“Family” means an individual or two or more persons related by blood,
marriage or adoption, or a group not to exceed six unrelated persons living
together as a single housekeeping unit in a dwelling unit. (Ord. 95-21(S), 1995; Ord. 82-15 §10(part),
1982).
21.32.167191 Farmers market. "Farmers market" means a location
where the primary activity is the sale of goods:
a. Grown upon the land that the seller
controls, in the case of fruits, nuts, vegetables, other plant products, or
other processed agricultural products;
b. Bred, raised, cultivated or collected by
the seller, in the case of animal, poultry, viticulture, vermiculture,
aquaculture, eggs, honey and bee products;
c. Cooked, canned, preserved, or otherwise
significantly treated by the seller, in the case of prepared foods; or
d. Created, sewn, constructed, or otherwise
fashioned from component materials by the seller. (Ord. 01-32(A)§2, 2001.)
21.32.195 Fence height.
“Fence height” means the vertical distance between the ground, either
natural or filled, directly under the fence and the highest point of the
fence. (Ord. 82-15 §4(part), 1982).
21.32.200 Floor area.
“Floor area” means the total area of all floors of a building as
measured to the outside surfaces of exterior walls and including halls,
stairways, elevator shafts, attached garages, porches and balconies. (Ord. 82-15 §4(part), 1982).
21.32.205 Floor area ratio.
“Floor area ratio” means the ratio of floor area permitted on a zoning
lot to the size of the lot. (Ord. 82-15 §4(part), 1982).
21.32.204 Flow attenuation. "Flow attenuation" means
prolonging the flow time of runoff to reduce the peak discharge.
21.32.210 Garage, private.
“Private garage” means a building, or a portion of a building, in which
only motor vehicles used by the tenants of the building or buildings on the
premises are stored or kept. (Ord. 82-15 §4(part), 1982).
21.32.215 Garage, public.
“Public garage” means a building other than a private garage used for
the care, repair or equipment of automobiles, or where such vehicles are parked
or stored for remuneration, hire or sale.
(Ord. 82-15 §4(part), 1982).
21.32.220 Garage, storage.
“Storage garage” means any premises except those described as a private
or public garage, used exclusively for the storage of self-propelled
vehicles. (Ord. 82-15 §4(part), 1982).
21.32.221 Glare. “Glare”-
Direct light emitted by a luminaire that causes reduced visibility of objects
or momentary blindness.
21.32.222 Grading. "Grading”
means any act by which soil is cleared, stripped, stockpiled, excavated,
scarified, filled or any combination thereof.
21.32.225 Group care home.
“Group care home” means a facility, required to be licensed by the
State, which provides training, care, supervision, treatment and/or
rehabilitation to the aged, disabled, those convicted of crimes or those
suffering the effects of drugs or alcohol.
The term “group care home” is not intended to include day-care homes,
day care facilities, foster homes, schools, hospitals, jails or prisons. (Ord. 95-21(S) §11 , 1995; Ord. 82-15
§4(part), 1982).
21.32.230 Guesthouse.
“Guesthouse” means an accessory building without kitchen or cooking
facilities and occupied solely by nonpaying guests, or by persons employed on
the premises. (Ord. 82-15 §4(part),
1982).
21.32.235 Heliports.
“Heliports” means any place including airports, fields, rooftops, etc.,
where helicopters regularly land and take off, and may be serviced and
stored. (Ord. 82-15 §4(part), 1982).
21.32.240 Home occupation.
“Home occupation” means any use customarily conducted entirely within a
dwelling and carried on by the occupants thereof, which is clearly incidental
and secondary to the use of the dwelling for dwelling purposes and does not
change the character thereof, and in connection with there is no display of
stock in trade, no outside storage of materials or equipment and no commodity
sold upon the premises. (Ord. 82-15
§4(part), 1982).
21.32.245 Hotel or motel.
“Hotel” or “motel” means any building, portion of a building, or group
of buildings containing six or more guest rooms which are used, rented or hired
out to be occupied for sleeping purposes by guests. “Hotel” or “motel” also means any building, portion of building,
or group of buildings containing five or less guest rooms which are used,
rented or hired out to be occupied for sleeping purposes by more than fifteen
guests. The term “hotel” or “motel” is
not intended to include single, duplex or multiple family dwellings, or portions
thereof that are rented for periods of one month or more. (Ord. 95-21(S) §12,
1995; Ord. 82-15 §4(part), 1982).
21.32. 246247 Impound yard.
“Impound yard” means an establishment, area, facility or place of
business used for the temporary custody of abandoned or junk vehicles, as
defined n §18.20.010 of this code, and other abandoned or illegally stored
personal property, pending determination of proprietary rights therein. In no case shall the impounded property be
held in temporary custody longer than six months, at which time it will be
disposed of as provided under Chapter 18.20.
(Ord. 86-35 (part), 1986).
21.32.247 Independent Business, “Independent Business” means a business
established that operates independently of every other business establishment.
If retail and wholesale business establishments have common management or
common controlling ownership interests, they are not operated independently of
one another.
21.32.248 Infiltration."Infiltration" means
the passage or movement of water into the soil surface.
21.32.249 Islands.
“Islands” means compact areas of landscaping within parking lots
designed to support mature trees and plants.
when used to describe landscaped areas within parking lots,
means compact areas of landscaping within parking lots designed to support
mature trees and plants.
21.32.24850 Itinerant merchant. “Itinerant merchant” means any person, firm
or corporation, whether as owner, agent, consignee or employee, whether a
resident of the City or not, who engages in a temporary business of selling and
delivering goods, and/or services, wares and merchandise within the City, and
who in furtherance of such purpose, peddles from door to door or hires, leases,
uses or occupies any building, structure, motor vehicle, tent, railroad car,
boat, any room in a hotel, lodging house, apartment, shop or any street, alley
or other place within the City, for the exhibition and sale of such goods,
wares and merchandise, and/or the performance of services, either privately or
publicly. (Ord. 90-35(S) §1, 1990).
21.32.24951 Junk.
“Junk” means any worn out, wrecked, scrapped, partially or fully
dismantled, discarded, tangible material, combination of materials or items,
including motor vehicles that are inoperable due to mechanical failure or not
currently registered for operation under the laws of the State. Also included are machinery, metal, rags,
rubber, paper, plastics, chemicals, and building materials which cannot,
without further alteration and reconditioning, be used for their original
purpose. (Ord. 88-8 (part), 1988).
21.32.2502 Junkyard. “Junkyard” means any lot, or portion of a
lot, which is used for the purpose of the outdoor storage, handling,
dismantling, wrecking, keeping, or sale of used, discarded, wrecked, or abandoned
airplanes, appliances, vehicles, boats, buildings and building materials,
machinery, equipment, or parts thereof including but not limited to scrap
metals, wood, lumber, plastic, fiber, or other tangible materials as defined in §21.32.249 of this Chapter under “junk”.
(Ord. 88-8 (part), 1988).
21.32.255 Kennels.
“Kennels” means a parcel of land and/or buildings thereof where three or
more dogs, cats, or other animals at least four months of age are kept for
boarding, propagation or sale. (Ord.
82-15 §4(part), 1982).
21.32.257 Landscaping. “Landscaping:” means lawns, trees, plants and other natural
materials, such as rock and wood chips, and decorative features, including
sculpture.
21.32.258
Level of Service (LOS). “Level of
Service (LOS)” means a qualitative measure describing
operational conditions within a traffic stream, based on service measures such
as speed and travel time, freedom to maneuver, traffic interruptions, comfort,
and convenience. Six LOS, from A to F, are used to represent a range of
operating conditions with LOS A representing the best operating conditions and
F the worst.
"LOS A" means vehicles are almost
completely unimpeded in their ability to maneuver within the traffic stream,
passing demand is well below passing capacity, drivers are delayed no more than
30 percent of the time by slow moving vehicles.
"LOS B" means the
ability to maneuver a vehicle is only slightly restricted; passing demand
approximately equals passing capacity, and drivers are delayed up to 45 percent
of the time; the level of physical and psychological comfort provided to
drivers is still high.
"LOS C" means the ability to maneuver a vehicle is noticeably restricted and lane changes require more care and vigilance on the part of the driver; percent time delays are up to 60 percent; traffic will begin to back-up behind slow moving vehicles.
"LOS D" means the level at which speeds begin to decline with increasing traffic flow, density begins to increase somewhat more quickly, passing demand is very high while passing capacity approaches zero, and the driver experiences reduced physical and psychological comfort levels; the percentage of time motorists are delayed approaches 75 percent, even minor incidents can be expected to back-up traffic because the traffic stream has little space to absorb disruptions.
"LOS E" means the roadway is at capacity; the percentage of time delay is greater than 75 percent, passing is virtually impossible, as there are virtually no usable gaps in the traffic stream; vehicles are closely spaced, leaving little room to maneuver, physical and psychological comfort afforded to the driver is poor.
"LOS F" means that traffic is heavily congested with traffic demand exceeds traffic capacity, there is a breakdown in vehicular flow, and vehicle delay is high.
21.32.259 Light trespass. “Light trespass”- Light emitted by a
luminaire that shines beyond the boundaries of the property on which the
luminaire is located.
21.32.260 Living ground cover. “Living ground
cover” means low growing, spreading, perennial plants that provide continuous
coverage of the area.
21.32.261 Living plant life other than ground
cover. “Living plant life other than ground cover” means plants, including but
not limited to, trees, flower beds, rock gardens, shrubs and hedges.
21.32.260 2Loading space.
“Loading space” means an off-street space on the same lot with a
building or contiguous to a group of buildings, designated or intended for the
use of temporarily parked commercial vehicles while loading and unloading, and
which abuts upon a street, alley or other appropriate means of access. (Ord. 82-15 §4(part), 1982).
21.32.265 Lot.
“Lot” means a parcel of land shown on a subdivision map or record of
survey map, or described by metes and bounds and recorded in the office of the
District Recorder of the City, (and/or a building site in one ownership having
an area for each main building as hereinafter required in each zone and having
frontage upon or access by adequate public easement to a public street, road or
highway). (Ord. 82-15 §4(part), 1982).
21.32.270 Lot area. “Lot
area” means the total horizontal net area within the lot lines of a lot or
parcel, exclusive of streets, highways, roads and alleys. (Ord. 82-15 §4(part), 1982).
21.32.275 Lot, corner.
“Corner lot” means a lot situated at the intersection of two or more
streets having an angle of intersection of not more than one hundred
thirty-five decrees. (Ord. 82-15 §4(part),
1982).
21.32.280 Lot depth. “Lot
depth” means the horizontal distance between the front and rear lot lines
measured on the longitudinal centerline.
(Ord. 82-15 §4(part), 1982).
21.32.285 Lot, interior.
“Interior lot” means a lot other than a corner lot. (Ord. 82-15 §4(part), 1982).
21.32.290 Lot, key. “Key
lot” means the first interior lot to the rear of a reversed corner lot and not
separated therefrom by an alley. (Ord.
82-15 §4(part), 1982).
21.32.295 Lot line, front.
“Front lot line” means, in the case of an interior lot, a line
separating the lot from the street, or place; in the case of a corner lot, a
line separating the narrowest street frontage of the lot from the street. In the case of a square, or nearly
square-shaped corner lot, the owner may choose which street he shall designate
as the front of the lot. Once the
choice of frontage has been made, it cannot be changed unless all requirements
for yard space are complied with. (Ord.
82-15 §4(part), 1982).
21.32.300 Lot line, rear.
“Rear lot line” means a lot line which is opposite and most distant from
the front lot line and in case of an irregular or triangular lot, a line ten
feet in length within the lot, parallel to and at the maximum distance from the
front lot line. (Ord. 82-15 §4(part),
1982).
21.32.305 Lot line, side.
“Side lot line” means any lot boundary line not a front lot line or rear
lot line. (Ord. 82-15 §4(part), 1982).
21.32.310 Lot, reversed corner.
“Reversed corner lot” means a corner lot the side street line of which
is substantially a continuation of the front line of the lot to its rear. (Ord. 82-15 §4(part), 1982).
21.32.315 Lot, through.
“Through lot” means a lot having a frontage on two parallel or
approximately parallel streets. (Ord.
82-15 §4(part), 1982).
21.32.320 Lot, width. “Lot
width” means the distance between straight lines connecting front and rear lot
lines at each side of the lot, measured between the midpoints of such lines,
provided that such measurement shall not extend beyond the lot lines of the lot
being measured. (Ord. 82-15 §4(part),
1982).
21.32.321 Luminaire. “Luminaire” means a complete lighting
unit, including a lamp or lamps together with parts to distribute light.
21.32.322
Luminaire, cut-off. “Luminaire,
cut-off” means a luminaire that allows no direct light from the luminaire above
the horizontal plane through the luminaire’s lowest light emitting part, in its
mounted form either through manufacturing design or shielding.
21.32.323
Luminaire, height of. “Luminaire,
height of” means the vertical distance from the ground directly below the
centerline of the luminaire to the lowest direct light emitting part of the
luminaire.
21.32.322
4Ministorage. “Ministorage” means a completely enclosed
structure available for lease or rent to any individual or group of individuals
for the purpose of the general storage of household goods and personal
property. Each individual rental area
shall be separated from all other such units and shall be fully enclosed. No storage unit may have an area greater
than six hundred square feet. (Ord.
83-30 Exbt. 1(part), 1983).
21.32.323 5 Mobile food
service. “Mobile food service” means a self-contained
food service establishment that is designed to be readily movable from location
to location, without being permanently affixed to any site or connected to water
or sewer utility services. It is
considered a temporary business and as such is regulated under Chapter 8.08. or
Chapter 8.11 of the Homer City Code. (Ord. 84-35(A) §1, 1984).
21.32.324 6 Mobile commercial
structure. “Mobile
commercial structure” means a structure constructed as a movable or portable
unit capable of being transported on its own chassis or wheels, that is
designed for nonpermanent uses and placed on a nonpermanent foundation; engaged
in any activity which promotes, supports or involves a land use permitted
outright in the zoning district in which the mobile commercial unit is to be
placed. Said mobile commercial
structure may be hooked up to the municipal water and sewer system if no other
legal waste disposal system is available on the construction site and if the
water and sewer permits are granted for the duration of this construction
project only. (Ord. 89-3(A) (part),
1989; Ord. 84-35(A) §2, 1984).
21.32.325 7 Mobile home;
manufactured home. “Mobile home” or “manufactured home” means a structure, transportable in one or
more sections: (1) which in the traveling mode is 8 feet or more in width or 40
feet or more in length, or when erected on site is 320 square feet or more; and
(2) which is built on a permanent chassis and is designed for use as a dwelling
with or without a permanent foundation when the plumbing, heating, and
electrical systems contained therein are connected to the required
utilities. A mobile home shall be
construed to remain a mobile home whether or not wheels, axles, hitch or other
appurtenances of mobility are removed, and regardless of the nature of the
foundation provided. A mobile home
shall not be construed to be a recreational vehicle or a factory built dwelling. (Ord. 95-21(S) §13, 1995; Ord. 82-15 §4(part),
1982).
21.32.330 Mobile home park.
“Mobile home park” means a parcel of land developed and operated as a
unit with individual sites and facilities to accommodate two or more mobile
homes. (Ord. 95-21(S) §14, 1995; Ord.
82-15 §4(part), 1982).
21.32.039 Native vegetation. “Native vegetation” means native plant communities, which are undisturbed or mimicked.
21.32.340 Natural or man-made features. “Natural or man-made features” means features in landscaping other than plants, including but not limited to, boulders or planters.
21.32.3401 Nonconforming lot.
“Nonconforming lot” means a parcel of land which lawfully existed as a
lot in compliance with all applicable ordinances and laws, but which no longer
conforms to the lot area requirements for the zoning district in which it is
located because of the application of a subsequent zoning ordinance. (Ord. 82-15 §4(part), 1982).
21.32.345 Nonconforming structure.
“Nonconforming structure” means a structure or portion thereof which was
lawfully established in compliance with all applicable ordinances and laws, but
which no longer conforms because of the application of a subsequent zoning
ordinance. (Ord. 82-15 §4(part), 1982).
21.32.346 Nonconforming use.
“Nonconforming use” means a use which was lawfully established in
compliance with all applicable ordinances and laws, but which no longer
conforms because of the application of a subsequent zoning ordinance. (Ord. 83-30 Exbt. 1(part), 1983).
21.32.348
Nonpoint source pollution. “Nonpoint source Pollution” means
pollution from any source other than from any discernible, confined, and
discrete conveyances and shall include, but not be limited to, parking lots,
roof tops and include substances such as pathogens, petro-chemicals, sediments,
debris, toxic contaminants, or nutrients.
21.32.350 Nursing home.
“Nursing home” means any home, place or institution which operates and
maintains facilities providing convalescent and/or chronic care for a period
exceeding twenty-four hours for two or more ill or infirm patients not related
to the nursing home administrator by blood or marriage. Convalescent and chronic care may include,
but need not be limited to, the procedures commonly employed in nursing and
caring for the sick. (Ord. 82-15
§4(part), 1982).
21.32.355 Occupancy.
“Occupancy” means the purpose for which a building is used or intended
to be used. The term shall also include
the building or room housing such use.
Change of occupancy is not intended to include change of tenants or
proprietors. (Ord. 82-15 §4(part),
1982).
21.32.357 Office.
“Office” means the physical location of a business which may include
professional services, administrative services and/or personal services, but
does not include direct retail or wholesale transactions except for those sales
which are incidental to the provision of services. (Ord. 86-18 (part), 1986).
21.32.358 Off-site stormwater management. "Off-site stormwater management" means the
design and construction of a facility necessary to control stormwater from more
than one development.
21.32.360 Off-street parking space.
“Off-street parking space” means a permanently surfaced area of not less
than one hundred eighty square feet (nine feet wide and twenty feet long),
which has adequate access to a public street or alley, which permits the
satisfactory ingress and egress of an automobile, and which is reserved for the
intended use described in §7.12.010(b).
(Ord. 84-28 §1(4), 1984; Ord. 82-15 §4(part), 1982).
21.32.361 Oil water separators.
“Oil water separators” means passive,
physical separation systems designed for removal of oils, fuels, hydraulic
fluids, and similar products from
water. They are generally large-capacity, underground cement vaults
installed between a drain and the connecting storm drain sewer
pipe. These vaults are designed with baffles to trap sediments and retain
floating oils. The large capacity of the vaults slows down the wastewater,
allowing oil to float to the surface and solid material to settle out.
21.32.363 On-site stormwater management. "On-site stormwater management" means the design
and construction of systems necessary to control stormwater within an immediate
development.
21.32.365 Open space.
“Open space” means areas of varying sizes which generally are developed
for a variety of recreational uses or are preserved for their natural
amenities. Open spaces may be for use
by the public, by private development, or cooperatively owned for use by
members of a homeowners association, and include squares, parks, bicycle/pedestrian
paths, refuges, campgrounds, picnic areas and outdoor recreation
facilities. (Ord. 82-15 §4(part),
1982).
21.32.366 Overbank flood protection volume
(Qp). “Overbank flood protection
volume (Qp)” means the volume controlled by structural practices to prevent an
increase in the frequency of out of bank flooding generated by development.
21.32.370 Parking lot. “Parking lot” means an off-street, ground level open area, usually improved, for the temporary storage of motor vehicles.
21.32.3701 Parking space,
private. “Private pParking
space , private” means any automobile parking space not less than
nine feet wide and twenty feet long.
(Ord. 83-30 Exbt. 1(part), 1983; Ord. 82-15 §4(part), 1982).
21.32.375 Parking space, public.
“Public parking space” means any area, other than a street or alley,
used for the parking of automobiles and available for public use, whether free,
for compensation, or as an accommodation for clients of customers. (Ord. 82-15 §4(part)
21.32.376 Peak hour. “Peak hour”- means a one-hour period
representing the highest hourly volume of traffic flow on the adjacent street
system during the morning (a.m. peak hour), during the afternoon or evening
(p.m. peak hour); or representing the hour of highest volume of traffic
entering or exiting a site (peak hour of generator).
21.32.377 Pedestrian ways. “Pedestrian ways:” A maintained
walkway path, no less than 4ft wide, that connects focal points of pedestrian
activity such as but not limited to other pedestrian ways, trails, transit
stops, street or parking area
crossings, or building entry points. Sidewalks are accepted as pedestrian ways.
21.32.380 Performance standards.
“Performance standards” means minimum requirements or maximum allowable
limits on the effects or characteristics of a use, usually written in the form
of regulatory languages. Performance standards in zoning may
prescribe allowable uses with respect to smoke, odor, noise, heat, visual
impact, etc. (Ord. 82-15 §4(part),
1982).
21.32.381 Permeable, continuous non-living ground cover. “Permeable, continuous non-living ground cover” means landscaping surfaces made up of materials such as, but not limited to, crushed rock, bark, and mulch.
21.32.382 Personal service.
“Personal service” means a business which provides, upon demand, aid,
maintenance, repair or similar semitechnical, technical or experienced
assistance to the public at the individual level. This definition does not include the practice of a learned
profession, any service defined in this title under “administrative”, nor
wholesale or retail activities involving stock in trade on the premises. (Ord. 86-18 (part), 1986; Ord. 84-28 §1 (2),
1984).
21.32.385 Pipeline.
“Pipeline” means a line six inches or larger with pumps, valves and control
devices for conveying liquids, gases or finely divided solids which is
constructed within easements or from one parcel to another. However, for the purpose of securing a
conditional use permit the following are excluded: the mains, hydrants, pumps, services and pressure stations of
the City of Homer Water Utility; the mains, services, manholes and lift
stations of the City of Homer Sewer Utility and the local service mains, valves
and services of a gas utility legally authorized to provide such service within
the City. (Ord. 82-15 §4(part), 1982).
21.32.390 Place.
“Place” means an open, unoccupied space dedicated to purposes of access
for abutting property. (Ord. 82-15
§4(part), 1982).
21.32.395 Planned Unit Development.
“Planned Unit Development” or “PUD” means a group or combination of
residential, commercial, noncommercial or industrial uses developed as a
functional unit under the conditional use procedures, the plan of which may not
conform to the regulations established for the zoning district with respect to
lot size, mixture of uses, density, lot coverage or required open space. (Ord. 95-12 §1, 1995; Ord. 82-15 §4(part),
1982).
21.32.400 Planning Commission.
“Planning Commission”, unless otherwise stated, refers to the Homer
Advisory Planning Commission. (Ord.
82-15 §4(part), 1982).
21.32.402 Point Source pollution. “Point source pollution” means
pollution from any discernible, confined, and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete
fissure, container, landfill leachate collection system, vessel or other
floating craft which pollutants are or may be discharged.
21.32.405 Professional office.
“Professional office” means an office which is maintained and operated
for the conduct of a professional business or occupation requiring the practice
of a learned art or science through specialized knowledge based on a degree
issued by an institute of higher learning, including but not limited to
medicine, dentistry, law, architecture, engineering, accounting, and veterinary
medicine. (Ord. 86-18 (part),
1986); Ord. 82-15 §4(part), 1982).
21.32.407 Pollutant. “Pollutant” shall mean contamination
or other alteration of the physical, chemical, or biological properties of
waters including change in temperature, taste, color, turbidity, or odor of the
waters, or such discharge of any liquid, gaseous, solid, radioactive or other
substance into the waters that will or is likely to create a nuisance or render
such waters harmful. These substances include, but are not limited to any
dredge, spoil, solid waste, incinerator residue, oil, grease, garbage, sewage,
sludge, medical waste, chemical waste, biological materials, heat, petro
chemical, and sediment.
21.32.408 Public spaces. “Public spaces” means space containing amenities such as but not limited to
benches, bike racks, water features, public art, and kiosks that enhances the
community.
21.32.410 Public utility facility or
structure. For the purpose of requiring a conditional
use permit, “public utility facility or structure” means any facility or
structure which is owned and operated by a public or private utility but
specifically excludes the water distribution mains, pressure stations and
hydrants, sewage collection, manholes and lift stations, underground and
overhead electrical, television and telephone lines and poles and street
lights. (Ord. 82-15 §4(part), 1982).
21.32.411 Recharge volume (Rev). “Recharge volume (Rev)” means that
portion of the water quality volume used to maintain groundwater recharge rates
at development sites.
21.32.413 Recreation facility, indoor.
“Indoor recreational facility” means a building that facilitates sports
activities or games such as bowling alleys, racketball courts, skating rinks,
etc. (Ord. 86-35 (part), 1986).
21.32.415 Recreational vehicle.
“Recreational vehicle” is a vehicular unit, other than a manufactured
home, whose gross floor area is less than 320 square feet, which is designed as
temporary lodging for travel, recreational and vacation use, and which is
either self-propelled, mounted on or pulled by another vehicle. Examples include, but are not limited to, a
travel trailer, camping trailer, truck camper, motor home, and fifth-wheel
trailer. (Ord. 95-21(S) §15, 1995; Ord.
82-15 §4(part), 1982).
21.32.420 Recreational vehicle park.
“Recreational vehicle park” means a parcel of land which has been
planned and improved for use by two or more recreational vehicles for transient
occupancy. (Ord. 82-15 §4(part), 1982).
21.32.423
Retention structure. “Retention
structure" means a permanent structure that provides for the storage of
runoff. by means of a permanent pool of water.
21.32.425 Right-of-way.
“Right-of-way” means a public thoroughfare, avenue, road, highway,
boulevard, parkway, drive, lane, court, cul-de-sac or private easement
providing ingress and egress from property abutting thereon. (Ord. 82-15 §4(part), 1982).
21.32.430 Roadside stand.
“Roadside stand” means a temporary structure on private roadside land usually
for the attraction of motorists for profit-making purposes. Common roadside stands sell local food,
produce, firewood, handcrafted items or imported goods. (Ord. 82-15 §4(part), 1982).
21.32.432 Roominghouse.
“Roominghouse” means a dwelling containing not more than five guest
rooms which are used, rented or hired out to be occupied for sleeping purposes
by guests. A roominghouse shall not
accommodate in excess of fifteen guests.
A roominghouse shall also include any structures associated with the
dwelling, such as guest cabins, provided that a conditional use permit was
obtained for any associated structures, if a permit is required in order to
have more than one building containing a permitted principal use on the lot. (Ord. 95-21(S) §1, 1995).
21.32.433 School.
“School” means an institution or place for instruction or
education. (Ord. 86-35 (part),
1986).
21.32.435 Schools, private.
“Private schools” means parcels of land and buildings and other
structures thereon owned and operated by private educational, religious,
charitable, or other institutions for the purpose of quasi public or
specialized education. (Ord. 82-15
§4(part), 1982).
21.32.440 Schools, public.
“Public schools” means parcels of land and buildings and other
structures thereon owned and operated by the Kenai Peninsula Borough or the
state for the purpose of public education. (Ord. 82-15 §4(part), 1982).
21.32.445 Service station.
“Service station” means any building, structure, premises or other space
used primarily for the retail sale and dispensing of motor fuels, tires,
batteries, and other small accessories, the installation and services of such
lubricants, tires, batteries and other small accessories, and such other
services which do not customarily or usually require the services of a
qualified automotive mechanic. When the retail sale and dispensing of motor
fuels, lubricants, and accessories is incidental to the conduct of a public
garage, the premises shall be classified as a public garage. (Ord. 82-15
§4(part), 1982).
21.32.447 Sediment. “Sediment"
means soils or other surficial materials transported or deposited by the action
of wind, water, ice, or gravity as a product of erosion.
21.32.450 Setback.
“Setback” means the required minimum distance between the
lot line and the closest point of a building to the lot line.
This establishes an area in which no building is allowed. (Ord. 83-30 Exbt. 1(part), 1983; Ord. 82-15
§4(part), 1982).
21.32.451 Shelter for the homeless.
“Shelter for the homeless” means a building used primarily to provide
on-site meals, shelter and secondary personal services such as showers and
haircuts to the homeless and the needy on a non-permanent basis for no or
nominal compensation. (Ord.89-20
(part), 1989).
21.32.455 Sign. “Sign”
means any words, letters, parts of letters, figures, numerals, phrases,
sentences, emblems, devices, trade names, or trademarks, by which anything is
made known, such as are used to designate an individual, a firm, an
association, a corporation, a profession, a business, or a commodity or
product, which are visible from any public street or highway and used to
attract attention. (Ord. 82-15
§4(part), 1982).
21.32.459 Site. “Site" means any tract, lot or parcel of land or
combination of tracts, lots, or parcels of land, which are in one ownership, or
are contiguous and in diverse ownership where development is to be performed as
part of a unit, subdivision, or project.
21.32.460 Site plan.
“Site plan” means a plan, to scale, showing the proposed use and
development of a parcel of land. The
plan generally includes lot lines, streets, building sites, reserved open
space, buildings, major landscape features, both natural and man-made, and the
locations of proposed utility lines.
(Ord. 82-15 §4(part), 1982).
21.32.463 Stabilization. “Stabilization" means the
prevention of soil movement by any of various vegetative and/or structural
means.
21.32.465 Stable, private.
“Private stable” means an accessory building in which horses are kept
for private use and not for boarding, hire or sale. (Ord. 82-15 §4(part), 1982).
21.32.470 Stable, public.
“Public stable” means a building in which horses are kept for boarding,
hire or sale. (Ord. 82-15 §4(part),
1982).
21.32.471 Stand-Alone Business. “Stand-alone business” means a business
establishment that operates independently of every other business establishment
within the same structure. If business
establishments share entrances (excluding mall entrances), floor space, storage
areas, trade fixtures, equipment, check stands, management, or controlling
ownership interests, they are not operated independently of one another.
21.32.475 State highway.
“State highway” means a right-of-way classified by the State as a
primary, secondary A, or secondary B highway.
(Ord. 82-15 §4(part), 1982).
21.32.477 Stormwater management.
“Stormwater management" means:
(a) For quantitative
control, a system of vegetative and structural measures that
control the increased volume and rate of surface
runoff caused by man-made
changes to the land; and
(b) For qualitative control,
a system of vegetative, structural, and other measures that
reduce or eliminate
pollutants that might otherwise be carried by surface runoff.
21.32.478 Stormwater
management plan (SWP). "Stormwater
Management Plan (SWP)" means a set of drawings or other documents
submitted by a person as a prerequisite to obtaining a stormwater management
approval, which contain all of the information and specifications pertaining to
stormwater management.
21.32.479
Stormwater runoff. “Stormwater
Runoff” means flow on the surface of the ground, resulting from precipitation
or snow melt.
21.32.480 Story.
“Story” means that portion of a building included between the upper
surface of any floor and that upper surface of the floor next above, except
that the top most story shall be that portion of a building included between
the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a
basement or cellar is more than six feet above grade, such basement or cellar
shall be considered a story. (Ord.
82-15 §4(part), 1982).
21.32.485 Story, half.
“Half story” means a story with at least two of its opposite sides
situated in a sloping roof, the floor area of which does not exceed two-thirds
of the floor area immediately below it.
(Ord. 82-15 §4(part), 1982).
21.32.490 Street.
“Street” means a public thoroughfare including public roads or highways
thirty feet or more in width, which affords principal means of access to
abutting property. (Ord. 82-15
§4(part), 1982).
21.32.497 Stripping. “Stripping" means any activity
which removes the vegetative surface cover including tree removal, clearing,
grubbing and storage or removal of topsoil.
21.32.495 Street line.
“Street line” means the line of demarcation between a street and the lot
or land abutting thereon. (Ord. 82-15
§4(part), 1982).
21.32.500 Structural alterations.
“Street alterations” means any change of the supporting members of a
building or structure such as bearing walls, columns, beams or girders. (Ord. 82-15 §4(part), 1982).
21.32.505 Structure.
“Structure” means anything constructed or erected which requires
location on the ground or attached to something having location on the ground,
but not including fences or walls used as fences. (Ord. 82-15 §4(part), 1982).
21.32.510 Studio.
“Studio” means a room or rooms where an artist or photographer does
work, a place where dancing lessons, music lessons, etc. are given, a room or
rooms where radio or television programs are produced or where recordings are
made. (Ord. 86-35 (part), 1986).
21.32.511 Taxi.
“Taxi” means any motor vehicle, permitted and licensed by the City,
having a manufactured-rated seating capacity of nine passengers or less engaged
in the carrying of persons in exchange for receiving fares, not operated over a
fixed route, and subject to calls from a central location or otherwise operated
for hire to perform public transportation.
(Ord. 89-7 (part), 1989).
21.32.512 Taxi operation. “Taxi
operation” means a licensed business operated from a fixed location but not
limited in its operation to any particular route. Said operation is limited to a dispatch office and fleet parking
of no more than five vehicles in the Central Business District. There shall be no restriction on the number
of taxis in a fleet in the General Commercial 1 and the General Commercial 2
zoning districts. A site/access/parking
plan must be approved by the Planning Director. Maintenance of the taxis in the Central Business District is
restricted to work being conducted in an enclosed building. (Ord. 89-7 (part), 1989).
21.32.513 Temporary business.
“Temporary business” is a business or enterprise that is to be carried
on for a period of less than sixty days duration per calendar year within the
City. (Ord. 90-36(S) §2, 1990).
21.32.515 Timber growing or forest crops.
“Timber growing or forest crops” means the growing of trees for
commercial purposes; for tree products in the form of lots, chunks, bark or
similar items; and for other minor forest crops such as Christmas trees, cones,
ferns, greenery, berries and moss.
(Ord. 82-15 §4(part), 1982).
21.32.516 Total Suspended
Solids. “Total Suspended Solids” means the sum of the organic and inorganic
particles (sediment) suspended in and carried by a fluid (water).
21.32.520 Townhouse.
“Townhouse” means single-family dwelling units constructed in a series
or group of not less than two units separated from an adjoining unit or units
by an approved party wall or walls, extending from the basement of either floor
to the roof along the linking lot line.
Each unit an d its lot shall be held fee simple, except that the
amenities, open area and other associated common property may be held as
undivided common property of the owners of each unit. (Ord. 84-28 §1(3), 1984; Ord. 82-15 §4(part), 1982).
21.32.521 Trip. “Trip” means a single one way motor vehicle movement either to or
from a subject property or study area.
21.32.535 Use.
“Use” means the purpose for which land or a building is arranged
designed or intended, or for which either land or a building is or may be
occupied or maintained. (Ord. 82-15
§4(part), 1982).
21.32.540 Variance.
“Variance” means any deviation from the requirement of the zoning ordinance
authorized pursuant to chapter 21.62.
(Ord. 03-06 §3, 2003; Ord. 82-15 §4 (part), 1982).
21.32.541 Vehicle fleet.
“Vehicle fleet” means a group of vehicles operated under unified
control. (Ord. 89-7 (part), 1989).
21.32.542 Vehicle maintenance. “Vehicle
maintenance” means to keep a vehicle in proper running conditions by services
which do not customarily require a qualified mechanic such as the installation
and service of lubricants, tires, batteries and other small accessories. (Ord. 89-7 (part), 1989).
21.32.543 Vehicle repair or auto repair.
“Vehicle repair or auto repair” means to restore a vehicle to a sound
state after decay, dilapidation or partial destruction with such repair
requiring the services of a qualified mechanic. (Ord. 89-7 (part), 1989).
21.32.545 Visibility/vision clearance.
“Visibility/vision clearance” means the assurance of adequate and safe
vision clearance particularly for vehicle operators and pedestrians. A specified area of clearance at corners of
intersections where no plantings, walls, structures or temporary or permanent
obstructions exceeding a specified height above the curb level are
allowed. (Ord. 82-15 §4(part), 1982).
21.32.548 Watercourse. “Watercourse" means any natural or
artificial stream, river, creek, ditch, channel, canal, conduit, culvert,
drain, waterway, gully, ravine or wash, in and including any adjacent area that
is subject to inundation from overflow or flood water.
21.32.550 Water-dependent.
“Water-dependent” means a use or activity which can be carried out only
on, in or adjacent to water areas because the use requires access to the water
body. (Ord. 82-15 §4 (part), 1982).
21.32.555 Water-related.
“Water-related” means a use or activity which is not directly dependent
upon access to a water body, but which provides goods and services that are
directly associated with water-dependent uses or activities. (Ord. 82-15 §4 (part), 1982).
21.32.558
Water quality volume (WQv). “Water
quality volume (WQv)” means the volume needed to capture and treat 90 percent
of the average annual runoff volume at a development site.
21.32.560 Yard.
“Yard” means a required open space on the same lot with a principal use
unoccupied and unobstructed by any structure or portion of a structure from
thirty inches above the general ground level of the graded lot upward;
provided, however, that fences, walls, posts, poles and other customary yard
accessories, ornaments and furniture may be permitted in any yard subject to
height limitations and requirements limiting obstruction of visibility. (Ord.
82-15 §4(part), 1982).
21.32.565 Yard, front.
“Front yard” means a yard extending across the full width of a lot,
measured between the front lot line of the lot or a future street width line
and the nearest exterior wall of the building, front of a bay window, or the
front of covered porch or other similar projection, whichever is the nearest to
the front lot line. (Ord. 82-15
§4(part), 1982).
21.32.570 Yard, rear.
“Rear yard” means a yard extending across the full width of the lot
between the most rear main building and the rear lot line. The depth of the required rear yard shall be
measured horizontally from the nearest point of the rear lot line. (Ord. 82-15 §4(part), 1982).
21.32.575 Yard, side.
“Side yard” means a yard, between a main building and the side lot line,
extending from the front yard to the rear yard. The width of the required side yard shall be measured
horizontally from the nearest point of the side lot line toward the nearest
part of the main building. (Ord. 8-15
§4 (part), 1982).
Section 2. Section 21.42 pertaining to the Zoning Permit is hereby amended to read as follows:
Chapter 21.42
ZONING
PERMIT
Sections:
21.42.010 Zoning
permit required; exceptions.
21.42.020 Application.
21.42.030 Permit
issuance and denial.
21.42.040 Permit
terms.
21.42.050 Permit--public
display.
21.42.060 Permit--fee.
21.42.070 Other
permits under zoning code.
21.42.080 Revocation
of permit.
21.42.090 Occupancy
without a permit prohibited.
21.42.010
Zoning permit required; . exceptions.
a. Except as provided in
subparagraph (c), no person shall erect, construct,
enlarge, alter, repair, move, improve, change the use, or convert
any building, or structure, or parcel, 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 to all areas in the city.
b. The zoning permit required by this section shall be obtained
prior to the commencement of any excavation, construction, or other aspect of
the work for which the permit is required.
c. The following are exempt from the requirement to obtain a zoning
permit:
1.
Ordinary maintenance of a building or structure. For purposes of this section, ordinary
maintenance means repair, maintenance, or improvement work that, separately or
in the aggregate, does not exceed five thousand dollars in cost, provided that
no structural alteration is included.
2.
One-story detached accessory buildings used as tool and storage sheds,
playhouses, and other similar uses, provided the roof area does not exceed 120
square feet, and further provided that there is already a principal building on
the same lot.
3.
Fences or walls used as fences.
4. Construction or alteration of interior
partitions or cabinetry, provided that no structural alteration is included.
5. Repair or replacement of heating,
ventilation, air conditioning, electrical, or plumbing systems. (Ord. 02-07(A)
§2, 2002; Ord 99-12(A) §1, 1999.)
21.42.020 Application. a. Only the owner or
lessee of the lot or a person
authorized in writing by the owner or lessee may apply for a zoning
permit. The Planning Director may
require the applicant to submit proof of authority to apply for a zoning
permit.
b.
All applications for zoning permits shall be on forms furnished by the
city. The application shall require the
following information:
1.
The name and residence and mailing addresses of the owner of the lot
and, if applicable, the lessee of the lot;
2.
The legal description and street address of the lot;
3. A narrative description of the intended use of the lot, building,
or structure;
4.
The zoning code use classification under which the permit is sought;
5.
For new buildings or structures, or for changes to the exterior
dimensions of existing buildings or structures, a survey, plat, or plan, drawn
to scale of not less than 1" = 20'.
The survey, plat, or plan shall show the actual dimensions of the lot,
the exact size, plan and elevation drawings and
location of the buildings and structures erected or to be erected thereon,
adjacent street rights-of-way, utility easements and facilities, building
setbacks, driveways, the number and location of any off-street parking or
loading spaces, and drainage;
6.
Copies of any building permits or other permits required by applicable
law or regulations;
7. Copies
of approved plans as required by code, such as but not limited to, Traffic
Impact Analysis, Development Activity Plan, and Storm Water Plan.
8. Such additional information as
the Planning Director shall require to determine whether the application
satisfies the requirements for issuance of a permit; and
8. 9. The applicant's signed certification that all the
information contained in the application is true and correct. (Ord 99-12(A) §1, 1999.)
21.42.030 Permit issuance and denial. a.
The Planning Director will review the application to determine whether
the proposed building or structure, and intended use, comply with the zoning
code and other applicable provisions of the city code, and to determine whether
all permits and approvals required by applicable federal, state, or local law
or regulation have been obtained. The
Planning Director may also refer the application to other city officials for
review and approval for compliance with applicable city codes. If the application meets all of the
requirements, the Planning Director will issue a written zoning permit.
b. The Planning Director will deny a zoning
permit if the application is incomplete or determines that the application does
not meet all the requirements for issuance of a zoning permit. A denial must be in writing and state the
reasons for denial. It shall be
promptly given to the applicant. If an
application is denied because of incompleteness, the applicant may resubmit the
application at any time, supplying the missing information.
c. No city official or employee has authority to grant a waiver,
variance, or deviation from the requirements of the zoning code and other
applicable laws and regulations, unless such authority is expressly contained
therein. Any permit that attempts to do
so may be revoked as void. The
applicant, owner, lessee, and occupant of the lot bear continuing
responsibility for compliance with the zoning code and all other applicable
laws and regulations.
d. If the city grants a permit when the applicant has not obtained
all necessary permits or approvals from the federal, state, or other local
governments or agencies, neither the city, the Planning Director, or any other
city officer or employee shall be liable therefor. The applicant, owner, lessee, and occupant of the lot are solely
responsible to ensure that all required permits and approvals have been
obtained, and the issuance of a zoning permit does not constitute a warranty or
representation that all required permits and approvals have been obtained from
the federal, state, or other local governments or agencies. (Ord 99-12(A) §1, 1999.)
21.42.040 Permit terms. a. A zoning permit shall
include a deadline that allows the applicant a reasonable amount of time in
which to complete the work authorized by the permit. If the work is not completed within the time allowed, the
Planning Director may grant one reasonable extension for good cause shown. No additional extension will be granted,
except upon the approval of the Planning Commission for good cause
shown.
b. A zoning permit for a multiple-family dwelling or for a building
or structure for commercial or industrial use shall require the applicant to
submit to the Planning Director, promptly after completion of the work:
1. An
as-built survey of the foundation and footings of the building or structure,
and
2. An as-built schematic of the completed structure showing at least
the following:
a. location of all fire exits from all buildings;
b. other information pertinent to fire safety, e.g., location of
alarms, electrical panels, stairways, and hallways.; and
c. driveways, parking areas, and loading areas. (Ord 99-12(A) §1, 1999.)
d. evidence of compliance with applicable building codes adopted by
the State of Alaska.
21.42.050 Permit - public display. All permits issued under this chapter, including amendments and
extensions, shall be displayed for public inspection in a prominent place,
readily viewable from the nearest street, at the site for which the permit was
obtained. The permit shall be on
display prior to commencement of any work at the site and remain on display
until all work is completed. (Ord
99-12(A) §1, 1999.)
21.42.060 Permit - fee. The applicant for a zoning permit shall pay a fee according to
the fee schedule established by resolution of the city council. No application shall be processed until the
fee is paid. (Ord 99-12(A) §1, 1999.)
21.42.070 Other permits under zoning code. Nothing in this chapter shall relieve the applicant of the
obligation to obtain a conditional use permit, sign permit, variance, or other
permit or approval required by the zoning code. The zoning permit required by this chapter shall be in addition
to any other applicable permit or approval requirements. If any such additional permits or approvals
are required, they must be obtained prior to the issuance of the zoning permit
under this chapter. (Ord 99-12(A) §1,
1999.)
21.42.080 Revocation of permit. a. The Planning Director may revoke a permit for cause, including
but not limited to:
1. The application for the permit contained any error, misstatement
or misrepresentation of material fact, either with or without intention on the
part of the applicant, such as might or would have caused a denial of the
permit;
2.
Any change in the location, size, or shape of the building or structure
made subsequent to the issuance of a permit, without written approval of the
Planning Director;
3.
Any change in the use or intended use of the building, structure, or
land made subsequent to the issuance of a permit, without written approval of
the Planning Director;
4.
The failure to comply with the terms of the zoning permit or the failure
to complete the work authorized by the zoning permit within the time allowed in
the permit, including any extensions granted.
b.
Prior to revoking a permit, the Planning Director shall give the
applicant, property owner, or lessee affected by the revocation notice of the
grounds for revocation and a meaningful opportunity to be heard concerning
those grounds. If after such hearing
the Planning Director determines the permit shall be revoked, the Planning
Director shall prepare and promptly deliver to the interested parties a written
decision stating the grounds for revocation and citing the evidence in support
thereof. (Ord 99-12(A) §1, 1999.)
21.42.090 Occupancy without a permit prohibited. No person shall use or occupy a building or
structure that has been erected, constructed, enlarged, altered, repaired,
moved, improved, or converted after January 1, 2000 without a properly issued
and unrevoked zoning permit required by this chapter. (Ord 99-12(A) §1, 1999.)
Section 3. Section 21.48 pertaining to the Central Business District is hereby amended to read as follows:
Chapter
21.48
CBD
CENTRAL BUSINESS DISTRICT
Sections:
21.48.010 Purpose.
21.48.020 Permitted uses and structures.
21.48.030 Conditional uses and structures.
21.48.040 Dimensional requirements.
21.48.050 Site and aAccess
pPlan.
21.48.060 Performance standards. Site
Development Requirements.
21.48.070 Nuisance Standards.
21.48.080 Lighting Standards.
21.48.090 Traffic Standards.
21.48.100 Evidence of Compliance.
21.48.010 Purpose.
a. The purpose of the central
business district is to provide a centrally located area within the City for
general retail shopping, personal and professional services, educational
institutions, entertainment establishments, restaurants and related businesses. The district is also intended to accommodate
a mixture of residential and commercial uses with conflicts being resolved in
favor of business.
b.
The central business district shall be designed to encourage pedestrian
movement throughout the area and to avoid traffic congestion. The district should be characterized by
ample and convenient off-street parking, and safe and limited access to major
streets. Buildings and other structures
within the district should be compatible with one another and with the
surrounding area.
21.48.020 Permitted uses and structures. The
following uses are permitted outright in the central business district,
except when such use requires a conditional use permit by reason of size,
traffic volumes, or other reasons set forth in this chapter:
a.
Any retail business where the principal activity is the sale of
merchandise and services in an enclosed building, including but not limited to
food establishments, drug, variety, dry goods, hardware, appliance, and
furniture stores;
b.
Personal service establishments that perform services on the premises,
such as barber or beauty shops, shoe repair shops, photograph, and quick-print
establishments;
c.
Offices for professional services, such as offices of doctors, dentists,
osteopaths, architects, engineers, lawyers, chiropractors, veterinarians, and
other similar or allied professions;
d.
Administrative offices in which personnel are employed in the following
fields: executive, administrative clerical, insurance, real estate, and similar
enterprises, both public and private;
e.
Restaurants, clubs and drinking establishments which provide food or
drink for consumption on the premises;
f.
Parking lots and parking garages, in accordance with HCC
§7.12.001, §7.12.005, §7.12.015,
§7.12.030, §7.12.035, §7.12.045, §7.12.047;
g.
Hotels and motels;
h.
Mortuaries;
i.
Single family, duplex, and multiple family dwellings;
j.
Floatplane tie-up facilities and air charter services;
k.
Parks;
l.
Financial institutions;
m.
Mobile commercial structures on a temporary basis for maximum of one
year during construction of a permanent structure;
n.
Building supplies and materials, provided such use, including storage of
materials, is wholly contained within an enclosed building;
o.
Customary accessory uses to any of the permitted uses listed in the CBD
district, provide that:
1. A
separate permit shall not be issued for the construction of any type of
accessory building prior to that of the main building;
2.
Any attached or detached accessory building shall maintain the same
yards and setbacks as the principal use;
p.
Mobile homes, subject to the requirements set forth in H.C.C.
21.61.080 g. 1. and g. 2. HCC § 21.61.080 (g) (1) and (g)(2).;
q.
Home occupations, provided they conform to the standards in Section
HCC §21.44.020(f);
r.
Ministorage;
s.
Other similar uses as determined by the Planning Commission;
t. s. Apartment
units located in buildings primarily devoted to commercial uses;
u.t. Churches;
v. u. Entertainment establishments, such as theaters and
auditoriums;
w. v. Educational institutions, such as schools, museums
and libraries;
x. w. Art, dance,
music and radio studios;
y. x. Plumbing, heating and appliance service shops,
provided such use, including the storage of materials, is wholly within an
enclosed building;
z. y. Printing and
publishing establishments;
aa.z.
Self-service laundries;
bb. aa. Recreational vehicle parks may be located south of
the Sterling Highway (Homer Bypass) from Lake Street west to the boundary of
the central business district abutting Webber Subdivision, and from Heath
Street to the west side of Lakeside Village Subdivision, provided they shall
conform to the standards in HCC §21.61.090;
cc. bb. Temporary storage of commercial equipment being used
in conjunction with a specific construction project for the duration of that
project only;
dd. cc. Mobile commercial structures on a temporary basis
during construction of a new permanent structure will be allowed for the
duration of the project only;
ee. dd. Taxi operation limited to a dispatch office and
fleet parking of no more than five vehicles; maintenance of taxis must be
conducted within an enclosed structure;
ff. ee. Mobile food
services;
gg. ff. Itinerant merchants, provided all activities shall
be limited to uses permitted outright under this zoning district. ;
hh. gg. Day care homes and facilities; provided, however,
that play areas will be fenced;
ii. hh.
Roominghouses. ;
jj. ii. Automobile and vehicle repair, vehicle
maintenance, public garage, and motor vehicle sales, showrooms and sales lots,
but only on Main Street from Pioneer Avenue to the Sterling Highway, excluding
corner lots with frontage on Pioneer Avenue or the Sterling Highway, be allowed
as a permitted use. Vehicles awaiting
repair or service; inoperable vehicles; vehicles for parts; and vehicles
awaiting customer pickup shall be parked inside a fenced enclosure so as to be
concealed from view, on all sides. The
fence shall be a minimum height of 8 feet and so constructed to prohibit
visibility of anything inside of the enclosure. The portion of any vehicle exceeding 8 feet in height shall be
permitted to be visible outside of the fence. Vehicle parts (usable or
unusable), vehicle service supplies, and any other debris created in the repair
or servicing of vehicles shall also be stored inside the fenced enclosure out
of view of the public;
kk jj. . Farmer’s Market.
21.48.030 Conditional uses and structures. The
following uses are permitted in the Ccentral Bbusiness
Ddistrict when authorized in accordance with Chapter
HCC 21.61:
a.
Planned unit developments;
b.
Indoor recreational facilities such as bowling alleys, skating rinks or
similar uses;
c.
Mobile home parks;
d.
Service stations and other drive-in establishments;
e.
Public utility facilities and structures;
f.
Pipeline and railroads;
g.
Heliports;
h.
Greenhouses and garden supplies;
i.
Incidental and/or custom manufacturing, repair, fabricating,
and/or assembly, provided such use, including storage of materials, is
wholly within an enclosed building;
j.
Shelter for the homeless, provided such shelter does not abut an urban,
rural or office residential zoning district;
k.
More than one building containing a permitted principal use on a lot.
l.
Group care
homes
m.
Drive-in car
washes, but only on the Sterling Highway from Tract A-1 Webber Subdivision to
Heath Street, subject to the provisions of conditional use permits, HCC 21.61.
n.
Permitted uses with structures in excess of 8,000
square feet of building area or a building area in excess of 30% of the lot
area.
n. Other uses, similar to and not more
objectionable than permitted uses listed for this district, as determined by
the Commission, provided such uses are not permitted or conditionally permitted
in other districts.
21.48.040 Dimensional requirements. The
following dimensional requirements shall apply to all uses in the central
business district unless otherwise provided by conditional use permit
in chapter HCC 21.61 or approved by variance as provided in
chapter HCC 21.62:
a.
Lot size.
1.
The minimum lot area shall be six thousand square feet. Already existing smaller lot sizes may be are 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 HCC §21.45.040(a)(2), unless otherwise specified in
conditional use permits, HCC 21.61;
3.
Townhouses shall meet the standards in HCC §21.61.070,
unless otherwise specified in conditional use permits, HCC 21.61.
b. Building
Setbacks.
1. All
structures Buildings shall be setback 20 feet from all dedicated
rights of way, except as allowed by subsection (4).
2.
Commercial buildings shall be set back five feet from all other lot
boundary lines except the minimum setback shall be two feet
from all other boundary lines when 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 Marshal;
3. Residential buildings shall be set back five feet from all other lot boundary lines.
4. If approved by a conditional use permit, the setback from a dedicated right of way, except from the Sterling Highway or Lake Street, may be reduced. Alleys are not subject to a 20 foot setback requirement.
5. The setback requirements from any lot line abutting an alley will be determined by the dimensional requirements of subparagraphs (1) and (2) above.
c.
Building
Height. The maximum building height
shall be thirty-five feet.
d. No
lot shall contain more than 8,000 square feet of building area, nor shall any
lot contain building area in excess of 30% of the lot area, without an approved
conditional use permit.
e. Building Area and
Dimensions - Retail and Wholesale.
1.For
buildings that contain retail or wholesale uses, one stand-alone retail or
wholesale business shall not exceed 30,000 square feet of floor area within the
structure. Additional stand-alone retail or wholesale businesses shall not
exceed 5,000 square feet of floor area per business within the same building.
The total square feet of floor area of retail and or
wholesale business square uses within a single building
shall not shall not exceed 35,000 square feet.
2. No conditional use permit, Planned Unit
Development, or variance may be granted that would allow a building to exceed
the limits of subparagraph (1) and no
nonconforming use or structure may be expanded in any manner that would
increase its nonconformance with the limits of subparagraph(1).
f.
Sign Area. Sign Area shall
include the area of any tenant-specific motifs or architectural devices
including, but not limited to, roof forms, canopies, awnings, building color or
finish, striping or color bars. The
entire area of backlit awnings with translucent material shall be counted as a
sign area.
21.48.050 Site and Aaccess Pplan.
a. A zoning permit for a
building or structure within the central business district shall not be issued
by the City without an approved site and access plan. In addition to the
requirements of Chapter HCC 21.42 Zoning
Permit. Tthe
plan shall show:
1. Existing site features and conditions, including topography, drainage and the general location of vegetation;
2.
Relationship to existing and proposed rights-of-way;
3.
Access, including proposed driveway and curb cuts, with arrows
indicating vehicular traffic patterns on, into and out of the site and to and
from all parking areas;
4.
On-site traffic and pedestrian circulation systems;
5.
The precise location of all proposed structures with a detailed parking
plan;
6.
Where
practical, safe, and where other means of access have not been provided, access
easements may be required to public lands.
7.
A
grading and drainage plan indicating all cuts, fills and areas of
disturbance. The plan shall display
elevation changes and cut and fill quantities.
b. No
zoning permit may be granted without a right of way access plan approved by the
City. All access points to rights-of-way shall conform to the following
standards:
1. Entrances onto arterials and collectors
shall be minimized, and individual businesses shall share access to
rights-of-way whenever possible. Access
shall conform to the policies in the City mMaster rRoads
and sStreets pPlan, and the
ordinances of the City.
2. Where
applicable, frontage roads shall be developed, where applicable, to conform
to the mMaster rRoads and sStreets pPlan.
3.
Visibility for vehicles at access points shall be protected as specified
below:
At the intersection of any private drive or
entrance or exit for a parking area with a public street, no fence, wall, hedge
or other planning or structure forming a material impediment or visibility
between a height of two and one half feet and eight feet shall be erected,
planted, placed or maintained and no vehicle so impeding visibility shall be
parked within triangular areas defined by lines connecting points as follows:
Beginning at the point where the midline of
the private drive or entrance or exit for a common parking area intersects the
public right-of-way, thence to a point thirty-five feet along the right-of-way
line in the direction of approaching traffic, thence to a point twenty-five
feet toward the interior of the property at the previously described midline,
and thence to point of beginning (no such visibility triangle need be
maintained on the side of the drive, entrance or exit away from approaching
traffic on the same side of the street).
21.48.050 060 Performance standards. All development proposed within the central
business district shall comply with the performance standards contained in
Section 21.44.050. Site Development Requirements. All development on lands in this zoning
district shall conform to the following:
a.
Site Development.
1. Development shall not adversely impact
other properties by causing damaging alteration of surface water drainage,
surface water ponding, slope failure, erosion, siltation, or root damage to
neighboring trees, or other impacts.
2. Upon completion of earthwork, all
exposed slopes, and all cleared, filled, and disturbed soils shall be protected
against subsequent erosion by methods, such as, but not limited to,
landscaping, planting, and maintenance of vegetative cover, to prevent
subsequent erosion.
3. All
exposed, cleared, filled and disturbed soils shall be revegetated within the
next growing season.
b. Slopes.
All development on lands with slopes exceeding 20 percent shall be
subject to the following standards:
1. For
slopes of 20 percent to 30 percent, the area used for development shall not
exceed twenty-five percent of the site.
2. For
slopes greater than 30 percent, the area used for development shall not exceed
ten percent of the site.
3. The
area used for development includes all buildings, roads, driveways, parking
areas and trails.
4.
Vegetation shall remain undisturbed except as necessary to construct
improvements and to eliminate hazardous conditions, unless replanted with as
much native materials as practicable including ground cover, shrubs and trees.
5. Grading shall not alter the natural contours of the terrain except as necessary for building sites or to correct unsafe conditions. The locations of buildings and roads shall be planned to follow and conform to existing contours as nearly as possible.
c. Drainage.
1.The
development shall provide a drainage system, as approved by the City, that is
designed to deposit all runoff into either an engineered drainage system or
into a natural drainage.
2.
Where open-ditch construction is used to handle drainage within the tract, a
minimum of fifteen feet shall be provided between any structures and the top of
the bank of the defined channel.
3.
When a closed system is used to handle drainage within the tract, all
structures shall be a minimum of ten feet
horizontally from the closed system.
4.
Drainage can be stabilized by methods other than vegetation, subject to
approval by the Public
Works Director City Engineer.
d.
A Development Activity Plan (DAP) is required if the project includes:
1. Land disturbing activity
of 10,000 SF or greater;
2.
The cumulative addition of 5,000 square feet or greater of impervious
surface area from the pre-development conditions;
3.
Grading, filling or excavating involving the movement of 1,000 cubic
yards of material;
4.
Grading activities that will result in a temporary or permanent slope
having a steepness of 3:1 and having a total slope height, measured vertically
from toe of slope to top of slope, exceeding 5 feet;
5.
Grading activities that will result in the diversion of existing
drainage courses, both natural or human-made, from their existing point of
entry or exit from the grading site;
6.
Any land clearing or grading on slopes steeper than 20%, or within 20
feet of wetlands, streams, or ponds;
e.
Standards for a Development Activity Plan (DAP). The DAP shall provide
for the control of stormwater discharges, the control of total suspended
solids, and the control of other pollutants carried in runoff. These standards apply during construction
and all subsequent phases of development.
1. Development activity. If
required by §21.48.060(d), no site development activity shall occur without a
DAP approved by the City.
2. Stabilization and
sediment trapping. All exposed or disturbed soils with grades exceeding 10% or
those exposed to concentrated surface runoff flows, including soil stockpiles,
shall be stabilized in a way which protects soil from the erosive forces of
weather and flowing water. Applicable practices include, but are not limited
to, the installation of silt fences, vegetative establishment, mulching,
plastic covering, and the early application of gravel base on areas to be
paved. No soils shall remain
unstabilized for more than 3 days. At
all times of the year, the contractor shall have sufficient materials,
equipment and labor on site to stabilize and prevent erosion from all disturbed
areas before initiating work.
3. Delineation of clearing
and easement limits. Clearing limits, setbacks, buffers, and sensitive or
critical areas such as steep slopes, wetlands and riparian corridors shall be clearly
marked in the field and inspected by the City prior to commencement of land
clearing activities.
4. Protection of
adjacent properties. Adjacent properties shall be protected
from sediment deposition by appropriate use of vegetative buffer strips, sediment
barriers or filters, dikes or mulching, or by a combination of these measures
and other appropriate methods.
5. Timing and
stabilization of sediment trapping measures. Sediment ponds
and traps, perimeter dikes, sediment barriers and other approved methods
intended to trap sediment on-site shall be constructed as a first step. These
methods shall be functional before additional land-disturbing activities take
place. Earthen structures such as dams, dikes, and diversions shall not remain
unstabilized for more than 3 days.
6. Slope Stabilization.
Cut and fill slopes shall be constructed in a manner that
will minimize erosion. Roughened soil surfaces are preferred to smooth
surfaces. Interceptors should be constructed at the top of long, steep slopes
that have significant areas above that contribute runoff. Concentrated runoff
should not be allowed to flow down the face of a cut or fill slope unless
contained within an adequate channel or pipe slope drain. Wherever a slope face
crosses a water seepage plane, adequate drainage or other protection should be
provided. In addition, slopes should be stabilized in accordance with item (2)
above.
7. Controlling off-site
erosion. Properties and waterways downstream from
development sites shall be protected from erosion due to increases in the
volume, velocity, and peak flow rate of stormwater runoff from the development
site by the implementation of appropriate methods to minimize adverse
downstream impacts.
8. Stabilization of conveyance channels and
outlets. All temporary and permanent on-site conveyance
channels shall be designed, constructed and stabilized to prevent erosion from
the expected flow velocity from a 2-year, 3-hour duration storm for the
post-development condition. Stabilization adequate to prevent erosion of
outlets, adjacent streambanks, slopes and downstream reaches shall be provided
at the outlets of all conveyance systems.
9. Storm drain inlet protection.
All storm drain inlets made operable during construction shall be protected so
that stormwater runoff shall not enter the conveyance system without first
being filtered or otherwise treated to remove sediment. After proper written
application, the requirement for inlet protection may be waived by the City on
a site-specific basis when the conveyance system downstream of the inlet
discharges to an appropriate on-site sediment control methods, including but
not limited to sediment ponds or traps. The conveyance system will be
adequately cleaned following site stabilization.
10. Underground utility
construction. The construction of underground utility lines
shall be limited, where feasible, to no more than 500 feet of open trench at
any one time. Where consistent with safety and space considerations, excavated
material shall be placed on the uphill side of the trench. Dewatering devices
shall discharge to an appropriate sediment trap or pond, preceded by adequate
energy dissipation, prior to runoff leaving the site.
11. Constructed access routes. Wherever
construction vehicle routes intersect paved roads, provisions must be made to
minimize the transport of sediment (mud) or debris onto the paved road by use
of approved methods. If sediment or debris is transported onto a road surface,
the roads shall be cleaned thoroughly, as a minimum, at the end of each day.
Sediment or debris shall be removed from roads by shoveling or sweeping and be
transported to a controlled sediment disposal area. Street washing shall be
allowed only after sediment is removed in this manner.
12. Removal of temporary erosion and sediment
control methods. All temporary erosion and sediment control
methods shall be removed within 30 days after final site stabilization is
achieved or after the temporary methods are no longer needed. Trapped sediment
shall be removed or stabilized on-site. Disturbed soil areas resulting from
removal of temporary methods shall be permanently stabilized. The removal of
temporary erosion and sediment control methods may not be required for those
projects, such as single family developments, that will be followed by
additional construction under a different permit. In these circumstances, the
need for removing or retaining the measures will be evaluated on a
site-specific basis.
13. Dewatering construction sites.
Dewatering devices shall discharge into an appropriate sediment trap or pond
designed to accept such a discharge, preceded by adequate energy dissipation,
prior to runoff leaving the site.
14. Control of
pollutants other than sediment on construction sites. All
pollutants other than sediment that occur on-site during construction shall be
handled and legally disposed of in a manner that does not cause contamination
of ground or surface waters. Pollutants of concern include, but are not limited
to, fuels, lubricants, solvents, concrete by-products and construction
materials.
15. Maintenance. All
temporary and permanent erosion and sediment control methods shall be
maintained and repaired as needed to assure continued performance of their
intended function. The owner shall be responsible for assuring that any such
facilities damaged during floods, storms or other adverse weather conditions
are immediately returned to normal operating condition.
16. Erosion
control. Erosion Control Design Storm
Event Facilities designed for the control of erosion and
sedimentation shall be designed for the erosion and sedimentation control
design storm event, defined as the 2-year, 3-hour duration storm.
17.
Changes in Site Topography:
a. The
maximum surface gradient on any artificially created slope shall be two (2)
feet of horizontal run to one (1) foot of vertical fall (2:1). This gradient
may be increased to a steeper, if, in the judgment of the Director of Public
Works, it has been demonstrated by the developer through engineering
calculations performed by a qualified professional engineer that surface
erosion at such a gradient can be controlled to that erosion rate equal to a
properly stabilized 2:1 slope under the same conditions.
b. The
developer shall, at all times, protect adjacent private properties and public
rights-of-way or easements from damage occurring during, or resulting from,
grading operations. The developer shall restore public improvements damaged by
his/her operations.
18. Maintenance. The
developer shall maintain all erosion control and drainage facilities in good
operating condition at all times. If the developer has not maintained or
refuses to maintain the facilities and the owner of the property is given 7
days notice to correct the work and fails to do so, the City may use public funds
to complete maintenance of the facilities at the cost of the developer and the
property owner, who shall be jointly and severally liable for such costs.
19. Progress of Work. All
work required or approved under this chapter shall proceed continuously to
completion in an expeditious manner unless otherwise authorized by the Director
of Public Works, with the intent that work may be halted, for example, due to weather conditions or the need to
coordinate other construction on the project site.
f. A Storm Water Plan (SWP) is required if the
project includes:
1. An impervious surface coverage that is greater than 60% of the
lot area;
2. The creation of cumulative addition of 25,000 square feet or
greater of impervious surface area from the pre-development conditions;
3. Land disturbing activity of one acre or greater;
4.
Grading, fill or excavation involving the movement of 10,000 cubic yards
of material;
5. Grading activities that will result in a temporary or permanent
slope having a steepness of 3:1 and having a total slope height, measured
vertically from toe of slope to top of slope, exceeding 10 feet;
6. Any land clearing or grading on slopes steeper than 25%, or
within 10 feet of wetlands, streams, or ponds;
g. Standards for Storm Water Plan (SWP) The
SWP shall provide for the control of stormwater
discharges, the control of total suspended solids, and the control of other
pollutants carried in runoff.
1. Development activity. If required
§21.48.060(f), no site development activity shall occur without a SWP approved
by the City.
2. Site designs shall minimize the
channelization of stormwater (surface water runoff) that results from all
natural forms of precipitation (including snow melt) and maximize pervious
areas for stormwater absorption.
3. Stormwater runoff
generated by development activities and discharged directly into wetlands
watercourses or waters of Kachemak Bay shall be adequately treated to limit
nonpoint source and point source pollution.
4. Water quality management shall be provided through the use
of structural and non-structural practices.
5. Structural methods used
for new development shall be designed to remove 80% of the average annual post
development total suspended solids load (TSS).
6. All stormwater from paved
areas 25,000 square feet or larger subject to
motor vehicle traffic shall flow through a spill-containment type of oil/water
separator prior to discharge to eliminate nonpoint source pollution.
7. Development sites that
include fixed storage in excess of 1,500 gallons of petroleum products shall
utilize secondary containment or appropriately sized oil/water type centrifugal
separators and shall incorporate a spill response plan within the SWP.
8. Development sites that transfer
petroleum products shall utilize appropriately sized and located oil/water type
centrifugal separators and shall incorporate a spill response plan within the
SWP.
9. Source control of
pollution. Source control approved methods shall be applied to all projects to
the maximum extent to eliminate any discharge.
10. The post development stormwater discharge
rate shall not exceed the pre-development peak discharge rate (PDR) for the
ten-year frequency storm event.
11. To protect stream channels from
degradation, Channel Protection Storage Volume shall be provided based on
2-year, 3-hour duration storm.
12. Fuel and chemical residue or other types of
potentially harmful material, such as animal waste, garbage or batteries,
located in an area susceptible to runoff, shall be removed and disposed of
according to applicable law.
13: All approved stormwater
control methods shall be installed and maintained to ensure the system
functions as designed, for the life of the development.
14. A schedule of
monitoring and maintenance practices necessary to maintain the SWP control
methods will be supplied by the developer to the City.
15.
A record of ongoing monitoring and maintenance shall be maintained on
the premises and shall be made available for inspection by the City.
16. Financial liability. A performance
bond or payment bond shall be required for all projects to ensure compliance
with the Storm Water Plan. The
developer shall be released from the bonding requirements at the completion of
site development activities and written confirmation from a State of Alaska
registered civil engineer that the installed mitigation methods meet the intent
of the SWP standards.
h.
Landscaping Requirements. All
development on lands in this zoning district shall conform to the following:
1. Landscaping shall include
the retention of native vegetation to the maximum extent possible and shall
consist of the following :
a. Buffers:
i.
3 feet minimum width along all lot lines where setbacks permit;
ii.
10 feet minimum width adjacent to rights-of-way, except alleys, and in parking
lots with 12 spaces or more.
iii. 15 feet minimum from the top of the bank of
the defined drainage channel or stream.
b. Dividers and islands:
i.
10% of the lot area of parking areas with 24 spaces or more.
ii.
Installed after 12 contiguous spaces in parking lots with 24 spaces or more.
2.
Topsoil addition, final grading, seeding, and all plantings of flora must be
completed within 9 months of occupancy, or within the first growing season
after occupancy, whichever comes first.
Required landscaping will be maintained thereafter, with all shrubs,
trees, and groundcover being replaced as needed.
21.48.070 Nuisance standards. The intent of these
standards is to avoid creation of nuisances or unsanitary conditions.
1. Air
Pollution.
a.
Smoke. The emission of any air contaminant greater than twenty percent opacity
from any chimney, stack, vent, opening or process is prohibited.
b. Odors. The emission of odors in such
quantities as to be objectionable to any person with normal sensitivities at
any point beyond the property line is prohibited. Noxious, toxic, and corrosive
gas emissions shall be treated by full control techniques.
c. Particulate Matter. All facilities will be
designed and operated with the highest and best emission control equipment practicable. Parties responsible for a suspected source
of air pollution, upon the request of the City, shall provide quantitative and
qualitative information regarding the discharge that adequately and accurately describe
operation conditions. Any responsible party shall be prepared to have its plans
and specifications reviewed by the State Department of Environmental
Conservation prior to final approval of the plans by the City.
2.
Noise. All noise shall be muffled so as not to be objectionable due to intermittences,
beat, frequency, or shrillness. Off-site noise, when measured at the property
line, shall not exceed fifty decibels between ten p.m. and six a.m. and eighty
decibels at all other times.
3.
Vibration. No vibration which is discernible without instruments, other than
that caused by highway vehicles or aircraft, shall be permitted beyond the
property line of the use concerned.
4. Heat and Glare. No activity shall produce objectionable heat or glare that
constitutes a nuisance beyond the property line of the site.
5.
Water and Solid Waste Pollution. No liquid or solid waste disposal will be
allowed on the site or into adjacent drainage ditches, storm sewers, sloughs or
other waterways. The discharge of treated or untreated sewage or wastes into
the sanitary sewer systems shall conform to the codes and ordinances of the
City.
6. Handling of Dangerous Materials. The storage, handling and use of dangerous materials, such as flammable liquids, incendiary devices, compressed gases, corrosive materials and explosives, shall be in accordance with the regulation and codes of the state fire marshal, the National Fire Protection Association, the U.S. Coast Guard and other applicable law.
7.
Materials and Equipment Storage. All
materials and equipment including waste material shall be stored and all
grounds maintained in a manner that will not attract or aid in the propagation
of insects, animals, or create a health or safety hazard. Storage not directly related to a
residential use must be screened from view by a wall, fence, or other sight
obscuring material.
8.
Storage of Items for Sale. Except for
items normally kept outdoors, products for sale may be displayed outdoors in
unscreened areas only during the open hours of the business.
9.
Commercial vehicles, trailers, shipping containers and other similar equipment
used for transporting merchandise shall remain on the premises only as long as
required for loading and unloading operations, and shall not be maintained on
the premises for storage purposes unless screened from public view.
21.48.080. Lighting Standards. The intent of these standards is to reduce glare and light trespass and to improve the night time visual environment.
a. Outside luminaires
installed at a heightof 15 feet or greater above grade in all new developments
or replaced in existing developments shall be cut off luminaires.
b.
Up-lighting shall be installed so that it allows its direct illumination to
fall only on a building or sign.
c. No outside lighting shall be installed so as to cause light trespass or glare.
d. The height of any driveway or parking
lot luminaire shall be a maximum of 28 feet above grade. All building mounted luminaires shall have a
maximum height of 15 feet above grade.
e. Prohibited lighting includes search
lights and laser lights.
f.
The following are exempt from the provisions of this section:
1. Situations where there
are special requirements, such as historic decorative considerations,
monuments, or flag lighting; provided, however, that all such lighting shall be
selected and installed to shield the lamp(s) from direct view to the greatest
extent possible, and to minimize upward lighting, glare and light trespass;
2. Situations in an urban area where there is high night-time
pedestrian traffic and an engineer experienced in outdoor lighting has provided
a written opinion to the Director that for pedestrian safety reasons it
necessary to permit the installation of semi-cutoff luminaires;
3. Situations where a determination has been made by the Commission,
established through a public hearing process, that there is a compelling safety
interest that cannot be addressed by any other method.
21.48.090
Traffic Standards. A conditional use
permit is required for every use that:
a. Is estimated to generate more than 100 vehicle trips during any
hour of the day based on the proposed land use and density, or calculated
utilizing the Trip Generation Handbook, Institute of Transportation
Engineers (current edition),
b. Is estimated to generate more than 500 vehicle trips per day
based on the proposed land use and density, or calculated utilizing the Trip
Generation Handbook, Institute of Transportation Engineers (current
edition);
c. Is estimated to generate an increase in the traffic to more than
100 vehicle trips during any hour of the day due to a change in land use or
density of use;
d. Is expected to generate traffic that will detract from the safety
of, or degrade by one level of service, the highway, road, street, alley or
intersection.
21.48.100
Evidence of Compliance. Upon request by the City, information
sufficient to determine the degree of compliance with the standards of this
chapter shall be furnished by the property owner or owner’s representative.
Such request may include a requirement of continuous records of operation
likely to violate the standards for periodic survey in the event a question
arises as to compliance.
Section 4. Section 21.49 pertaining to the General Commercial 1 District is hereby amended to read as follows:
Chapter
21.49
GC1
GENERAL COMMERCIAL 1 DISTRICT
Sections
21.49.010
Purpose.
21.49.020
Permitted uses and structures.
21.49.030
Conditional uses and structures
21.49.040
Dimensional requirements
21.49.050
Site and aAccess pPlan.
21.49.060 Performance standards. Site Development Requirements.
21.49.070 Nuisance Standards.
21.49.080 Lighting Standards.
21.49.090 Traffic Standards.
21.49.100 Evidence of Compliance.
21.49.010
Purpose. The general commercial 1
district is intended to provide sites for businesses that require direct motor
vehicle access and may require larger land area than would be needed in the
central business district. The purpose
of the district is to serve the general public and to accommodate the needs of
commerce. The district is designed to
provide goods and services from locations in proximity to arterials and
transportation centers, and at the same time, to minimize congestion and any
adverse influences on adjacent residential areas or on the appearance of the
community. Adequate site accessibility,
buffers, and landscape treatment are required to minimize some of these adverse
effects. The district regulations
include performance standards to minimize the nuisance characteristics of heavy
commercial uses, especially where the district abuts other zoning districts.
21.49.020
Permitted uses and structures. The
following uses are permitted outright in the gGeneral cCommercial
1 district, except when such
use requires a conditional use permit by reason of size, traffic volumes, or
other reasons set forth in this chapter.
1. a.
Air charter operations and floatplane tie-up facilities;
2. b.
Administrative offices, professional offices;
3. c. Apartment units located in
buildings primarily devoted to commercial uses;
4. d. Automobile and vehicle
repair, services and parts, sales, showrooms and sales lots;
5. e. Automobile service stations
and car washes;
6. f. Building supply and
equipment;
7. g. Drive-in restaurants, clubs
and drinking establishments;
8. h. Garden supplies and greenhouses;
9. i. Heavy equipment sales,
showrooms and lots;
10. j. Hotels and motels;
11. k. Lumberyards;
12. l. Marine equipment service,
sales, and rentals;
13. m. Mortuaries;
14. n. Open-air businesses;
15. o.
Parking areas and garages,
in accordance with HCC §7.12.001, §7.12.005, §7.12.030, §7.12.035,
§7.12.045, §7.12.047
16. p. Manufacturing of electronic
equipment, electrical devices, potter/ceramics, musical instruments, toys,
novelties, small molded products and furniture;
17. q. Publishing, printing and bookbinding;
18. r. Recreation facilities;
19. s. Recreation vehicle sales;
20. t. Retail businesses;
21. u. Restaurants;
22. v. Schools, trade, skilled or industrial;
23. w.
Wholesale businesses, including storage and distribution services associated
with the products to be wholesaled;
24. x. Welding
and mechanical repair;
25. y. Parks;
26. z. Appliance sales and service;
27. aa. Warehousing, commercial
storage and mini-storage;
28. bb.
Financial institutions;
29. cc. Mobile commercial structures on a temporary
basis for a maximum of one year during construction of a permanent structure;
30. Other similar uses as determined by the
Planning Commission;
31. dd. Customary accessory uses to any of the
permitted uses listed in the GC-1 district, provided that:
i.1. No separate permit shall be issued for the construction of any
type of accessory building prior to that of the main building,
ii. 2. Any attached or detached
accessory building shall maintain the same yards and setbacks as the principal
use;
32. ee. Self-service laundries;
33. ff. Temporary storage of commercial equipment
being used in conjunction with a specific construction projects for the
duration of that project only;
34. gg. Mobile commercial structures on a temporary
basis during construction of a 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.
35. hh.
Taxi operation;
36. ii. Mobile food services;
37. jj.
Itinerant merchants, provided all activities shall be limited to uses permitted
outright under this zoning district;
38. kk.
Recreational vehicle parks, provided they shall conform to the standards in HCC §21.61.090.
39. ll.
Day care homes, provided that a conditional use permit was obtained for the
dwelling, if required by 21.49.030; provided, however, that play areas will be
fenced.
40. mm.
Roominghouses
21.49.030
Conditional uses and structures. The following uses are permitted in the
general commercial 1 district when authorized in accordance with Chapter HCC
21.61:
a. Campgrounds;
b. Crematoriums;
c. Multiple family dwelling, containing three
or more units;
d. Public utility facility or structure;
e. Mobile home parks;
f. Planned unit developments;
g. Townhouses;
h. Pipelines and railroads;
i. Heliports;
j. Shelter for the homeless, provided such
shelter does not abut an urban, rural or office residential zoning district;
k. More than one building containing a
permitted principal use on a lot;
l. Day care facilities; provided, however, that
play areas will be fenced;
m. Other uses, similar to and not more
objectionable than permitted uses listed in this district, as determined by the
Commission, provided such uses are not permitted or conditionally permitted in
another district.
21.49.040
Dimensional requirements. The following dimensional requirements shall
apply to all uses in the gGeneral
cCommercial 1 dDistrict, unless otherwise
provided in Chapter HCC
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. Alleys are not subject to a 20 foot setback requirement. The setback requirements from any lot line
abutting an alley will be determined by the dimensional requirements of
subparagraphs (2) and (3) below.
2. 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 Marshal.
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.No lot shall contain more than 8,000
square feet of building area, nor shall any lot contain building area in excess of 30% of the lot
area without an approved conditional use permit.
e. Building
Area and Dimensions - Retail and Wholesale.
1. In that area south of
Beluga Lake, identified as the Ocean Drive GC1: buildings that contain retail or wholesale
uses, one stand-alone retail or wholesale business shall not exceed 30,000
square feet of floor area within the structure. Additional stand-alone retail
or wholesale businesses shall not exceed 5,000 square feet of floor area per
business within the same building. The total square
feet of floor area all stand-alone of retail and or
wholesale business uses within a single building shall not shall not exceed
35,000 square feet.
2. In that area east of Alder Lane, identified as the East Road GC1:
the total square feet of floor area all stand-alone
of retail or
andwholesale business uses within a single building shall not shall not
exceed 45,000 square feet.
3. In that area west of
Baycrest Park, identified as Scenic Gateway GC1: the total square
feet of floor area all stand-alone of retail and or wholesale
business uses within a single building shall not shall not exceed 20,000 square
feet.
4. No conditional use permit, Planned Unit
Development, or variance may be granted that would allow a building to exceed
the limits of these subparagraphs (1,2 and 3) and no nonconforming use or
structure may be expanded in any manner that would increase its nonconformance
with the limits of subparagraphs(1,2 and 3).
f. Sign
Area. Sign Area shall include the area
of any tenant-specific motifs or architectural devices including, but not
limited to, roof forms, canopies, awnings, building color or finish, striping
or color bars. The entire area of backlit
awnings with translucent material shall be counted as a sign area.
21.49.050
Site and aAccess Pplan. a.
zoning permit for a use within
the gGeneral cCommercial 1 dDistrict shall not be issued by
the City without an approved site and access plan. In addition to the requirements of HCC 21.42 Zoning Permit, the plan
shall show: for that use.
The plan shall include the items described in Section 21.48.050(b)
1.Existing site
features and conditions, including topography, drainage and the general
location of vegetation;
2. Relationship to existing and proposed
rights-of-way;
3. Access, including proposed driveway
and curb cuts, with arrows indicating vehicular traffic patterns on, into and
out of the site and to and from all parking areas;
4. On-site traffic and pedestrian
circulation systems;
5. The precise location of all proposed
structures with a detailed parking plan;
6. Where practical, safe, and where
other means of access have not been provided, access easements may be required
to public lands.
7. A
grading and drainage plan indicating all cuts, fills and areas of
disturbance. The plan shall display
elevation changes and cut and fill quantities.
b.
All access points to rights-of-way shall conform to the following standards:
1. Entrances onto arterials and
collectors shall be minimized, and individual businesses shall share access to
rights-of-way whenever possible. Access shall conform to the policies in the
City Master Roads and Streets Plan and the ordinances of the City.
2. Frontage roads shall be developed
where applicable to conform to the City Master Roads and Streets Plan.
3. Visibility for vehicles at access
points shall be protected as specified below:
At the intersection of any private drive
or entrance or exit for a parking area with a public street, no fence, wall,
hedge or other planting or structure forming a material impediment or
visibility between a height of two and one half feet and eight feet shall be
erected, planted, placed or maintained. No vehicle so impeding visibility shall
be parked within triangular areas defined by lines connecting points as
follows:
Beginning at
the point where the midline of the private drive or entrance or exit for a
common parking area intersects the public right-of-way, thence to a point
thirty-five feet along the right-of-way line in the direction of approaching
traffic, thence to a point twenty-five feet toward the interior of the property
at the previously described midline, and thence to point of beginning (no such
visibility triangle need be maintained on the side of the drive, entrance or
exit away from approaching traffic on the same side of the street).
c. No zoning permit may be granted without
a right-of-way access plan approved by the City.
21.49.060 Performance standards. Site Development Requirements. The
following performance standards shall apply to all uses within the general
commercial 1 district. The intent of
these standards is to avoid creation of nuisances or unsanitary conditions All development on lands in this
district shall conform to the following:
Site Development
Requirements.
All development on lands in this zoning
district shall conform to the following:
a. Site Development.
1. Development shall not adversely impact
other properties by causing damaging alteration of surface water drainage,
surface water ponding, slope failure, erosion, siltation or root damage to
neighboring trees, or other impacts.
2. Upon completion of earthwork, all
exposed slopes, and all cleared, filled, or disturbed soils shall be protected
against subsequent erosion by methods such as, but not limited to, landscaping, planting, and maintenance of
vegetative cover.
3. All
exposed, cleared, filled and disturbed soils shall be revegetated within the
next growing season.
b. Slopes.
All development on lands with slopes exceeding 20 percent shall be
subject to the following standards:
1. For
slopes of 20 percent to 30 percent, the area used for development shall not
exceed twenty-five percent of the site.
2. For
slopes greater than 30 percent, the area used for development shall not exceed
ten percent of the site.
3. The
area used for development includes all buildings, roads, driveways, parking
areas and trails.
4.
Vegetation shall remain undisturbed except as necessary to construct
improvements and to eliminate hazardous conditions, unless replanted with as
much native materials as practicable including ground cover, shrubs and trees.
5. Grading shall not alter the natural contours of the terrain except as necessary for building sites or to correct unsafe conditions. The locations of buildings and roads shall be planned to follow and conform to existing contours as nearly as possible.
c. Drainage.
1.The
development shall provide a drainage system, as approved by the City, that is
designed to deposit all runoff into either an engineered drainage system or
into a natural drainage.
2.
Where open-ditch construction is used to handle drainage within the tract, a
minimum of fifteen feet shall be provided between any structures and the top of
the bank of the defined channel.
3. When
a closed system is used to handle drainage within the tract, all structures
shall be a minimum of ten feet horizontally from the closed system.
4.
Drainage can be stabilized in other manners than vegetation; subject to
approval by the Public
Works Director City Engineer.
d. A
Development Activity Plan (DAP) is required if the project includes:
1. Land disturbing activity of 10,000 square
feet or greater;
2. The cumulative addition of 5,000 square feet
or greater of impervious surface area from the pre-development conditions;
3.
Grading, filling or excavating involving the movement of 1,000 cubic yards of
material;
4.
Grading activities that will result in a temporary or permanent slope having a
steepness of 3:1 and having a total slope height, measured vertically from toe
of slope to top of slope, exceeding 5 feet;
5.
Grading activities that will result in the diversion of existing drainage
courses, both natural or human-made, from their existing point of entry or exit
from the grading site;
6. Any land
clearing or grading on slopes steeper than 20%, or within 20 feet of wetlands,
streams, or ponds;
e.
Standards for a Development Activity Plan (DAP). The DAP shall provide
for the control of stormwater discharges, the control of total suspended solids,
and the control of other pollutants carried in runoff. These standards shall
apply during construction and all subsequent phases of development.
1. Development activity. If required by §21.49.060(d), no site
development activity shall occur without a DAP approved by the City.
2. Stabilization and sediment trapping. All exposed or disturbed
soils with grades exceeding 10% or those exposed to concentrated surface runoff
flows, including soil stockpiles, shall be stabilized in a way which protects
soil from the erosive forces of weather and flowing water. Applicable practices
include, but are not limited, to the installation of silt fences, vegetative
establishment, mulching, plastic covering, and the early application of gravel
base on areas to be paved. No soils
shall remain unstabilized for more than 3 days. At all times of the year, the contractor shall have sufficient
materials, equipment and labor on site to stabilize and prevent erosion from
all disturbed areas before initiating work.
3. Delineation of clearing and easement limits. Clearing limits,
setbacks, buffers, and sensitive or critical areas such as steep slopes,
wetlands and riparian corridors shall be clearly marked in the field and
inspected by the City prior to commencement of land clearing activities.
4. Protection of
adjacent properties.
Adjacent properties shall be protected from sediment deposition by appropriate
use of vegetative buffer strips, sediment barriers or filters, dikes or
mulching, or by a combination of these measures and other appropriate methods.
5. Timing and
stabilization of sediment trapping measures. Sediment ponds and traps, perimeter dikes, sediment barriers and
other approved methods intended to trap sediment on-site shall be constructed
as a first step. These methods shall be functional before additional
land-disturbing activities take place. Earthen structures such as dams, dikes,
and diversions shall not remain unstabilized for more than 3 days.
6. Slope Stabilization.
Cut and fill slopes
shall be constructed in a manner that will minimize erosion. Roughened soil
surfaces are preferred to smooth surfaces. Interceptors should be constructed
at the top of long, steep slopes which have significant areas above that
contribute runoff. Concentrated runoff should not be allowed to flow down the
face of a cut or fill slope unless contained within an adequate channel or pipe
slope drain. Wherever a slope face crosses a water seepage plane, adequate
drainage or other protection should be provided. In addition, slopes should be
stabilized in accordance with item (2) above.
7. Controlling off-site
erosion. Properties and
waterways downstream from development sites shall be protected from erosion due
to increases in the volume, velocity, and peak flow rate of stormwater runoff
from the development site by the implementation of appropriate methods to
minimize adverse downstream impacts.
8. Stabilization of conveyance channels and
outlets. All temporary
and permanent on-site conveyance channels shall be designed, constructed and
stabilized to prevent erosion from the expected flow velocity from a 2-year,
3-hour duration storm for the post-development condition. Stabilization
adequate to prevent erosion of outlets, adjacent streambanks, slopes and
downstream reaches shall be provided at the outlets of all conveyance systems.
9. Storm drain inlet protection. All storm drain inlets made operable
during construction shall be protected so that stormwater runoff shall not
enter the conveyance system without first being filtered or otherwise treated
to remove sediment. After proper written application, the requirement for inlet
protection may be waived by the City on a site-specific basis when the
conveyance system downstream of the inlet discharges to an appropriate on-site
sediment control methods, including but not limited to sediment ponds or traps.
The conveyance system will be adequately cleaned following site stabilization.
10. Underground utility
construction. The
construction of underground utility lines shall be limited, where feasible, to
no more than 500 feet of open trench at any one time. Where consistent with
safety and space considerations, excavated material shall be placed on the
uphill side of the trench. Dewatering devices shall discharge to an appropriate
sediment trap or pond, preceded by adequate energy dissipation, prior to runoff
leaving the site.
11. Constructed access routes. Wherever construction vehicle routes
intersect paved roads, provisions must be made to minimize the transport of
sediment (mud) or debris onto the paved road by use of approved methods. If
sediment or debris is transported onto a road surface, the roads shall be
cleaned thoroughly, as a minimum, at the end of each day. Sediment or debris
shall be removed from roads by shoveling or sweeping and be transported to a
controlled sediment disposal area. Street washing shall be allowed only after
sediment is removed in this manner.
12. Removal of temporary erosion and sediment
control methods. All
temporary erosion and sediment control methods shall be removed within 30 days
after final site stabilization is achieved or after the temporary methods are
no longer needed. Trapped sediment shall be removed or stabilized on-site.
Disturbed soil areas resulting from removal of temporary methods shall be permanently
stabilized. The removal of temporary erosion and sediment control methods may
not be required for those projects, such as single family developments, that
will be followed by additional construction under a different permit. In these
circumstances, the need for removing or retaining the measures will be
evaluated on a site-specific basis.
13. Dewatering construction sites. Dewatering devices shall discharge into
an appropriate sediment trap or pond designed to accept such a discharge,
preceded by adequate energy dissipation, prior to runoff leaving the site.
14. Control of
pollutants other than sediment on construction sites. All pollutants other than sediment that
occur on-site during construction shall be handled and legally disposed of in a
manner that does not cause contamination of ground or surface waters.
Pollutants of concern include, but are not limited to, fuels, lubricants,
solvents, concrete by-products and construction materials.
15. Maintenance. All temporary and permanent erosion and
sediment control methods shall be maintained and repaired as needed to assure
continued performance of their intended function. The owner shall be
responsible for assuring that any such facilities damaged during floods, storms
or other adverse weather conditions are immediately returned to normal
operating condition.
16. Erosion
control. Erosion Control Design Storm
Event Facilities
designed for the control of erosion and sedimentation shall be designed for the
erosion and sedimentation control design storm event, defined as the 2-year,
3-hour duration storm.
17. Changes in Site Topography:
a. The maximum surface gradient on any
artificially created slope shall be two (2) feet of horizontal run to one (1)
foot of vertical fall (2:1). This gradient may be increased to a steeper, if,
in the judgment of the Director of Public Works, it has been demonstrated by
the developer through engineering calculations performed by a qualified
professional engineer that surface erosion at such a gradient can be controlled
to that erosion rate equal to a properly stabilized 2:1 slope under the same
conditions.
b. The developer shall,
at all times, protect adjacent private properties and public rights-of-way or
easements from damage occurring during, or resulting from, grading operations.
The Developer shall restore public improvements damaged by his/her operations.
18. Maintenance. The developer shall maintain all erosion control
and drainage facilities in good operating condition at all times. If the
developer has not maintained or refuses to maintain the facilities and the
owner of the property is given 7 days notice to correct the work and fails to
do so, the City may use public funds to complete maintenance of the facilities
at the cost of the developer and the property owner, who shall be jointly and
severally liable for such costs.
19. Progress of Work. All work required or approved under this
chapter shall proceed continuously to completion in an expeditious manner
unless otherwise
authorized by the Director of Public Works, with the intent that work may be
halted, for example, due to weather
conditions or the need to coordinate other construction on the project site.
f. A Storm Water Plan (SWP) is required if the
project includes:
1. An impervious surface coverage that is greater than 60% of the
lot area;
2. The creation of cumulative addition of 25,000 square feet or
greater of impervious surface area from the pre-development conditions;
3. Land disturbing activity
of one acre or greater;
4. Grading, fill or excavation involving the
movement of 10,000 cubic yards of material;
5. Grading activities that
will result in a temporary or permanent slope having a steepness of 3:1 and
having a total slope height, measured vertically from toe of slope to top of
slope, exceeding 10 feet;
6. Any land clearing or
grading on slopes steeper than 25%, or within 10 feet of wetlands, streams, or
ponds;
g.
Standards for Storm Water Plan (SWP) The SWP shall
provide for the control of stormwater discharges, the control of total
suspended solids, and the control of other pollutants carried in runoff.
1. Development activity. If required by
§21.49.060(f), no site development activity shall occur without a SWP approved
by the City.
2. Site designs shall
minimize the channelization of stormwater (surface water runoff) that results
from all natural forms of precipitation (including snow melt) and maximize
pervious areas for stormwater absorption.
3. Stormwater runoff generated by development activities and
discharged directly into wetlands watercourses or waters of Kachemak Bay shall
be adequately treated to limit nonpoint source and point source pollution.
4. Water quality management
shall be provided through the use of structural and non-structural
practices.
5. Structural methods used
for new development shall be designed to remove 80% of the average annual post
development total suspended solids load (TSS).
6. All stormwater from paved areas 25,000 square feet or larger subject to motor vehicle traffic shall flow through a
spill-containment type of oil/water separator prior to discharge to eliminate
nonpoint source pollution.
7. Development sites that include fixed storage in excess of 1,500
gallons of petroleum products shall utilize secondary containment or
appropriately sized oil/water type centrifugal separators and shall incorporate
a spill response plan within the SWP.
8. Development sites that
transfer petroleum products shall utilize appropriately sized and located
oil/water type centrifugal separators and shall incorporate a spill response
plan within the SWP.
9. Source control of pollution. Source control approved methods
shall be applied to all projects to the maximum extent to eliminate any
discharge.
10. The post development stormwater discharge rate shall not exceed
the pre development peak discharge rate (PDR) for the ten-year frequency storm
event.
11. To protect stream
channels from degradation, Channel Protection Storage Volume shall be provided
based on 2-year, 3-hour duration storm.
12. Fuel and chemical residue or other types of potentially harmful
material, such as animal waste, garbage or batteries, located in an area
susceptible to runoff, shall be removed and disposed of according to applicable
law.
13. All approved stormwater control methods shall be installed and
maintained to ensure the system functions as designed, for the life of the
development.
14. A
schedule of monitoring and maintenance practices necessary to maintain the SWP
control methods will be supplied by the developer to the City.
15. A record of ongoing monitoring and
maintenance shall be maintained on the premises and shall be made available for
inspection by the City.
16.Financial liability. A performance bond or payment bond shall be required for all projects to ensure compliance with the Storm Water Plan. The developer shall be released from the bonding requirements at the completion of site development activities and written confirmation from a State of Alaska registered civil engineer that the installed mitigation methods meet the intent of the SWP standards.
h.
Landscaping Requirements. All
development on lands in this zoning district shall conform to the following:
1. Landscaping shall include
the retention of native vegetation to the maximum extent possible and shall
consist of the following :
a. Buffers:
i.
3 feet minimum width along all lot lines where setbacks permit;
ii.
10 feet minimum width adjacent to rights-of-way, except alleys, and in parking
lots with 12 spaces or more.
iii. 15 feet minimum from the top of the bank of the
defined drainage channel or stream.
b. Dividers and islands:
i.
10% of the lot area of parking areas with 24 spaces or more.
ii.
Installed after 12 contiguous spaces in parking lots with 24 spaces or more.
2.
Topsoil addition, final grading, seeding, and all plantings of flora must be
completed within 9 months of occupancy, or within the first growing season
after occupancy, whichever comes first.
Required landscaping will be maintained thereafter, with all shrubs,
trees, and groundcover being replaced as needed.
21.49.070.
Nuisance standards. The intent of these
standards is to avoid creation of nuisances or unsanitary conditions.
a.
Air Pollution.
1.. Smoke. The emission of
any air contaminant greater than twenty percent opacity from any chimney,
stack, vent, opening or process is prohibited.
2. . Open Burning. Open
burning is prohibited.
3
2. Odors. The emission of
odors in such quantities as to be objectionable to any person with normal
sensitivities at any point beyond the property line is prohibited. Noxious, toxic, and corrosive gas emissions
shall be treated by full control techniques.
4.
3. Particulate Matter. All
facilities will be designed and operated with the highest and best emission
control equipment practical.
Firms
responsible for a suspected source of air pollution, upon the request of the
City, shall provide quantitative and qualitative information regarding the
discharge that adequately and accurately describe operation conditions. Any firm shall be prepared to have its plans
and specifications reviewed by the State Department of Environmental
Conservation prior to final approval of the plans by the City.
b.. Noise.
All noise shall be muffled so as not to be objectionable due to
intermittances, beat, frequency, or shrillness. Off-site noise shall not exceed fifty decibels between ten p.m.
and six a.m. and eighty decibels at all other times at the property
c.. Vibration.
No vibration which is discernible by a person of normal sensitivities
without instruments, other than that caused by highway vehicles or aircraft,
shall be permitted beyond the property line of the use concerned.
d. Heat and Glare. All operations producing heat or glare, including exterior
lighting, shall be conducted so that they do not create a nuisance beyond the
property line of the site.
5. Waste Material. All materials, including wastes, shall be stored and all
properties maintained in a manner which will not attract or aid the propagation
of insects, birds or rodents or in any way create a health hazard.
e. Water and Solid Waste Pollution. No liquid or solid waste disposal will be allowed on the site or into adjacent drainage ditches, storm sewers, sloughs or other waterways. The discharge of treated or untreated sewage or wastes into the sanitary sewer systems shall conform to the codes and ordinances of the City.
f.
Handling of Dangerous Materials.
The storage, handling and use of dangerous materials, such as flammable
liquids, incendiary devisces,
compressed gases, corrosive materials and explosives, shall be in accordance
with the regulation and codes of the state fire marshal, the National Fire
Protection Association, and
the U.S. Coast Guard. and other applicable law.
g Materials and Equipment Storage. The open storage of materials and equipment
is permitted under the following conditions:
1.. If storage abuts a residential use or
district, the area must be screened from view by a wall, fence or other
sight-obscuring material. Such screen
shall be a minimum of eight feet in height.
2. All materials including waste shall be
stored and all grounds maintained in a manner that will not attract or aid the
propagation of insects, birds or rodents, or create a health hazard.
i. Records.
Upon request by the City, information sufficient to determine the degree
of compliance with the standards of this chapter shall be furnished by the
industry. Such request may include a
requirement of continuous records of operation likely to violate the standards
for periodic survey in the event a question arises as to compliance.
j. Landscaping Requirements. All development on lands in this zoning
district shall conform to the following:
1. Development activities shall not
adversely impact other properties by causing damaging alteration of surface
water drainage, surface water ponding, slope failure, erosion, situation,
intentional or inadvertent fill or root damage to neighboring trees, or other
physical impacts. The property owner
and developer shall take such steps, including installation of culverts or
buffers, or other methods, as necessary to comply with this requirement.
2.
Upon completion of earthwork,
operations, all exposed slopes, cleared, filled, and disturbed soils shall be
given sufficient protection, such as
landscaping, planting, and maintenance of vegetative cover, to prevent
subsequent erosion.
3. All exposed, cleared, filled and
disturbed soils shall be revegetated within the next growing season. Natural revegetation is acceptable if the site
will naturally revegetate within the next growing season. If natural revegetation is not successful
within the next growing season, the property owner and developer shall
revegetate by other means no later than the following growing season.
4.
Drainage can be stabilized in other
manners than vegetation; as determined by the City inspector
21.49.080. Lighting Standards.
The intent of these standards is to reduce glare and light trespass and
to improve the night time visual environment.
a. Outside luminaires installed at a height of 15 feet or greater
above grade in all new developments or replaced in existing developments shall
be cut off luminaires.
b. Up-lighting shall be installed so
that it allows its direct illumination to fall only on a building or sign.
c. No outside lighting shall be
installed so as to cause light trespass or glare.
d. The height of any driveway or parking lot light
shall be a maximum of 28 feet above grade.
All building mounted luminaires shall have a maximum height of 15 feet above
grade.
e. Prohibited lighting includes search lights and
laser lights.
f. The following are exempt from the provisions of this section:
1. Situations where there are special requirements, such as historic
decorative considerations, monuments, or flag lighting; provided, however, that
all such lighting shall be selected and installed to shield the lamp(s) from
direct view to the greatest extent possible, and to minimize upward lighting,
glare and light trespass;
2. Situations in an urban
area where there is high night-time pedestrian traffic and an engineer
experienced in outdoor lighting has provided a written opinion to the Director
that for pedestrian safety reasons it necessary to permit the installation of
semi-cutoff luminaires;
21.49.090
Traffic Standards. A conditional use
permit is required for every use that:a. Is estimated to generate more than 100
vehicle trips during any hour of the day, based on the proposed land use and
density, or calculated utilizing the Trip
Generation Handbook, Institute of Transportation Engineers (current
edition),
b. Is estimated to generate more than 500 vehicle trips per day,
based on the proposed land use and density, or calculated utilizing the Trip Generation Handbook, Institute of
Transportation Engineers (current edition);
c. Is estimated to generate an increase in the traffic to more than
100 vehicle trips during any hour of the day due to a change in land use or
density of use;
d. Is expected to generate traffic that will detract from the safety
of, or degrade by one level of service, the highway, road, street, alley or
intersection.
21.49.100 Evidence of Compliance. Upon request by the City,
information sufficient to determine the degree of compliance with the standards
of this chapter shall be furnished by the property owner or owner’s
representative. Such request may include a requirement of continuous records of
operation likely to violate the standards for periodic survey in the event a
question arises as to compliance.
Section 5. Section 21.50 pertaining to the General Commercial 2 District is hereby amended to read as follows:
Chapter
21.50
GC2
GENERAL COMMERCIAL 2 DISTRICT
Sections:
21.50.010
Purpose.
21.50.020
Permitted uses and structures.
21.50.030
Conditional uses and structures
21.50.040
Performance standards. Dimensional requirements.
21.50.050
Dimensional requirements. Site
and Access Plan.
21.50.060
Site and access plan. Site Development Requirements.
21.50.070 Nuisance Standards.
21.50.080 Lighting Standards.
21.50.090 Traffic Standards.
21.50.100 Evidence of Compliance.
21.50.010 Purpose. a. The purpose of the general commercial 2
district is to promote a sound heavy commercial area within the community with
good access to main roads, and to reserve land for future industrial expansion.
The district is designed to permit manufacturing, processing, assembly,
packaging, or treatment of products within enclosed utilities and facilities
required to serve these uses.
b. Residential uses are limited and certain
retail enterprises are limited. The
district regulations include performance standards for heavy commercial uses,
especially where the district abuts other zoning districts.
21.50.020 Permitted
uses and structures. The following uses are permitted outright in
the general commercial 2 district, except
when such use requires a conditional use permit by reason of size, traffic
volumes, or other reasons set forth in this chapter:
a. Production, processing assembly and
packaging of fish, shellfish and seafood products;
b.
Construction,
assembly and storage of boats and boat equipment;
c.
Manufacture of
pottery and ceramics.
d.
Manufacture of
musical instruments, toys, novelties, or other small molded products
e.
Manufacturing and
assembly of electronic instruments and equipment and electrical devices;
f. Research and development laboratories;
g. Trade, skills or industrial schools;
h. Publishing, printing and book binding
facilities;
i. Vehicle and heavy equipment sales and
repair;
j. Storage and distribution services and facilities,
including truck terminals, warehouses and storage buildings and yards,
contractors’ establishments, lumberyards and sales, or similar uses;
k. Airports and air charter operations;
l. Wrecking yards;
m. Heliports and helistops;
n. Underground bulk petroleum storage;
o.
Cold storage
facilities;
p.
Parking areas, lots
and garages, in accordance with HCC §7.12.001 §7.12.005,§7.12.030, §7.12.035, §7.12.045, §7.12.047;
q. Mobile commercial structures;
r. Other similar uses as determined by the Planning
Commission.
s. r. Accessory uses to the uses permitted in the
GC2 district which are clearly subordinate to the main use of the lot or
building, such as wharves, docks, restaurant or cafeteria facilities for
employees; or caretaker or dormitory residence if situated on a portion of the
principal lot, provided that:
1. Separate permits shall not be issued for the
construction of any type of accessory building prior to that of the main
building.
2.
Any accessory
building shall maintain the same yards and setbacks as the principal use;
t.s. Temporary storage of commercial equipment
being used in conjunction with a specific construction project for the duration
of that project only;
u.t. Mobile commercial structures on a temporary
basis during construction of a 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, the use of a mobile commercial structure will be allowed for the
duration of the project only;
v.u. Taxi
operation;
w. v.Mobile food services;
x.w. Itinerant merchants, provided all activities
shall be limited to uses permitted outright under this zoning district;
y.x. Recreational vehicle parks, provided they
shall conform to the standards in §21.61.090.
z.y. Hotels
and motels
21.50.030
Conditional uses and structures.
The following uses are permitted in the general commercial 2 district
when authorized in accordance with Chapter HCC 21.61:
a. Mobile home parks;
b. Construction
camps;
c. Extractive
enterprises, including the mining, quarrying and crushing of gravel, sand and
other earth products and batch plants for asphalt or concrete;
d. Bulk petroleum product storage above ground;
e. Planned unit developments;
f. Campgrounds;
g. Junkyards;
h. Kennels;
I.i. Public utility facilities and structures;
j. Pipelines and railroads;
k. Heliports;
l. Impound yards;
m. Shelter for the homeless, provided such
shelter does not abut an urban, rural or office residential zoning district;
n. More than one building containing a
permitted principal use on a lot.
o. Day care facilities; provided, however, that play areas will be fenced.
p. Group care homes
q. Building
height. Buildings with a height greater
than thirty-five feet and less than 55 feet.
q. Other uses, similar to and not more
objectionable than permitted uses listed in this district, as determined by the
Commission provided such uses are not permitted or conditionally permitted in
another district.
21.50.050 040 Dimensional requirements. The
following dimensional requirements shall apply to all uses in the general
commercial 2 district, unless otherwise provided in Chapter HCC 21.61 or as provided in Chapter
HCC 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. Alleys are not subject to a 20 foot
setback requirement. The setback
requirements from any lot line abutting an alley will be determined by the
dimensional requirements of subparagraph (2) below.
2.
Buildings shall be
set back ten feet from all other lot boundary lot lines.
c. 3. Building Height
1. The maximum building height
shall be thirty-five feet.
2. If approved by conditional use permit
buildings up to 55 feet in height may be allowed.
d.No lot shall contain more than 8,000
square feet of building area, nor shall any lot contain building area in excess of 30% of the lot
area without an approved conditional use permit.
e. Building Area and Dimensions - Retail and
Wholesale.
1. For
buildings that contain retail or wholesale uses, one stand-alone retail or
wholesale business shall not exceed 30,000 square feet of floor area within the
structure. Additional stand-alone retail or wholesale businesses shall not
exceed 5,000 square feet of floor area
per business within the same building. The total square feet of floor
area all of retail and or wholesale
business uses within a single building shall not shall not exceed 45,000 square
feet.
2. No conditional use permit, Planned
Unit Development or variance may be granted that would allow a building to
exceed the limits of subparagraph (1) and no nonconforming use or structure may
be expanded in any manner that would increase its nonconformance with the
limits of subparagraph(1).
f. Sign
Area. Sign Area shall include the area
of any tenant-specific motifs or architectural devices including, but not
limited to, roof forms, canopies, awnings, building color or finish, striping
or color bars. The entire area of
backlit awnings with translucent material shall be counted as a sign area.
21.50.060
050 Site and aAccess pPlan. a. A zoning permit for building or structure
within the general commercial 2 district shall not be issued by the City
without an approved site and access plan..
In addition to the requirements of Chapter HCC 21.42 Zoning
Permit, the plan shall show:
1. Existing site features and conditions,
including topography, drainage, and the general location of vegetation;
2. Relationship to existing and proposed
rights-of-way;
3. Access, including proposed driveway and curb
cuts with arrows indicating vehicular traffic patterns into and out of the site
and to and from all loading berths and parking areas;
4. The location and proposed screening of open
storage areas;
5. Basic floor plans and location of all
structures;
6. Location of utilities;
7. Turning radius for vehicles;
8. Proposed signs and lighting;
9. Relationship of the site to residential uses
or other existing industrial uses.
b. .
No zoning permit may be granted
without a right of way access plan approved by the City. All access points to rights-of-way shall conform
to the following standards:
1. Entrances onto arterials and collectors
shall be minimized, with individual businesses sharing access to rights-of-way
whenever possible.
2. Frontage roads shall be developed where
applicable.
3. All, access roads and frontage roads shall
be developed to conform to the master roads and streets plan of the City
policies in the City Master Roads and
Streets Plan and the ordinances of the City.
21.50.060. Site
Development Requirements. All
development shall conform to the Site Development Requirements contained in HCC
§ 21.49.060.
21.50.070
Nuisance Standards. All development and structures shall conform to the
Nuisance Standards contained in HCC § 21.49.070.
21.50.080
Lighting Standards. All uses and structures shall conform to the Lighting
Standards contained in HCC§ 21.49.080.
21.50.090 Traffic
Standards. All uses shall conform to the Traffic Standards contained in HCC §
21.49.090.
21.50.100
Evidence of Compliance. Evidence of Compliance. Upon request by the
City, information sufficient to determine the degree of compliance with the
standards of this chapter shall be furnished by the property owner or owner’s
representative. Such request may include a requirement of continuous records of
operation likely to violate the standards for periodic survey in the event a
question arises as to compliance.
Section 6. Section 21.52 pertaining to the Marine Commercial District is hereby amended to read as follows:
Chapter
21.52
CM MC
MARINE COMMERCIAL DISTRICT
Sections:
21.52.010 Purpose.
21.52.020
Permitted uses and structures.
21.52.030
Conditional uses and structures
21.52.040
Performance standards. Dimensional requirements.
21.52.050
Dimensional requirements. Site
and Access Plan.
21.52.060
Site and access plan. Site Development Requirements.
21.52.070 Nuisance Standards.
21.52.080 Lighting Standards.
21.52.090 Traffic Standards.
21.52.100 Evidence of Compliance.
21.52.010
Purpose. a. The purpose of the marine commercial zone is
to provide adequate space for the commercial needs which service and support
water-dependent industries and facilities; to encourage adequate separation
between allied but potentially incompatible commercial and industrial uses
while providing proximate locations for the mutual benefit of such
water-oriented commercial and water dependent industrial uses.
b. Commercial enterprise is permitted to the
extent that it services and supports the water-dependent industries which are
important to Homer’s economic base, such as fishing, marine transportation,
off-shore energy development, recreation and tourism; and to the extent that
location elsewhere creates unnecessary hardship for the users of such
commercial services.
c. It is recognized that unique natural
features of Homer’s marine environment contribute significantly to the economic
and social environments, therefore performance standards are required to
minimize the impact of commercial development on the natural features on which
it depends.
21.52.020
Permitted uses and structures. The
following uses are permitted outright in the marine commercial district , except when such use requires a
conditional use permit by reason of size, traffic volumes, or other reasons set
forth in this chapter:
a. Boat charter offices;
b. Marine equipment and parts sales and
services;
c.
Retail outlets for seafood products, sporting goods, curious, and arts
and crafts;
d. Business offices for marine development
operations, such as fish brokers, off-shore oil and gas service companies, and
stevedores;
e. Customary accessory uses which are clearly
subordinate to the main use of the lot or building such as piers or wharves,
provided that separate permits shall not be issued for the construction of an
accessory structure prior to that of the main structure;
f. Temporary storage of commercial equipment
being used in conjunction with a specific construction project for the duration
of that project only;
g. Mobile commercial structures on a temporary
basis during construction of a 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;
h. Mobile food services;
I.i. Itinerant merchants, provided
all activities shall be limited to uses permitted outright under this zoning
district;
j. Recreational
vehicle parks, provided they shall conform to the standards in HCC §21.61.090.
21.52.030
Conditional uses and structures.
The following uses are permitted in the marine commercial district when
authorized in accordance with Chapter HCC 21.61:
a. Restaurants and drinking establishments;
b. Cold-storage facilities;
c. Public utility facilities and structures;
d. Dredge and fill required for any use
permitted outright;
e. Wholesale outlets for marine products;
f. Pipelines and railroads;
g. Heliports;
h.
Other similar uses as determined by the Planning Commission;
I. Hotels and motels;
j. More than one building containing a
permitted principal use on a lot;
k.
Planned unit developments.
21.52.050 040 d Dimensional
rRequirements. The
following dimensional requirements shall apply to all uses in the marine
commercial district, unless otherwise provided in Chapter HCC 21.61:
a. The minimum lot size is twenty thousand square feet. The minimum lot width is one hundred fifty feet.
b. Buildings shall be setback twenty feet from
all dedicated rights-of-way and ten feet from all other lot boundary lines. Alleys are not subject to
a 20 foot setback requirement.
c.
The maximum
building height shall be thirty-five feet as measured from the bottom of the
first floor.
d.No lot shall contain more than 8,000
square feet of building area, nor shall any lot contain building area in excess of 30% of the lot area
without an approved conditional use permit.
e. Building
Area and Dimensions - Retail and Wholesale.
1. For buildings that contain retail
or wholesale uses, one stand-alone retail or wholesale business shall not
exceed 20,000 square feet of floor area within the structure. Additional
stand-alone retail or wholesale businesses shall not exceed 5,000 square feet
of floor area per business within the same building. The total square
feet of floor area all
stand-alone of retail and or wholesale business
uses within a the single building shall not shall not exceed
25,000 square feet.
2. In no event may
a conditional use permit, Planned Unit Develoment, or variance be granted that
would allow a building to exceed the limits of subparagraph (1) and no nonconforming
use or structure may be expanded in any manner that would increase its
nonconformance with the limits of subparagraph(1).
f. Sign Area.
Sign Area shall include the area of any tenant-specific motifs or
architectural devices including, but not limited to, roof forms, canopies,
awnings, building color or finish, striping or color bars. The entire area of backlit awnings with translucent material shall be
counted as a sign area.
21.52.060 050 Site and aAccess pPlan. a.
A building zoning
permit for use within the marine commercial district shall not be issued by the
City without a plot plan for that use. In
addition to the requirements of Chapter HCC 21.42 Zoning
Permit, T the plan shall show:
1. Existing site features and conditions, including
topography, drainage, mean high-water line and high-water line;
2. Relationship to existing right-of-way and
access, including driveway and curb cuts, with arrows indicating vehicular
traffic patterns on, into and out of the site and to and from all parking
areas;
3. On-site parking, traffic and pedestrian
circulation systems;
4. Existing and proposed structures;
5. Copies of
applications and permits, if issued, from any State or Federal agency having
jurisdiction.
6. All access roads and frontage
roads shall be developed to conform to the policies in the City Master Roads and Streets Plan and the ordinances
of the City.
21.52.040 060 Performance Standards. Site Development Requirements All development shall conform to the
Site Development Requirements contained in HCC § 21.49.060 and the following:
a. Development shall not impair or
unnecessarily impede use by the public of adjacent publicly owned tidelands.
b. The location of buildings and roads shall be
planned to minimize alteration to the natural terrain.
c. Grading and filling shall not alter the
storm berm except as necessary to correct unsafe conditions.
d. Point source discharges to a waterway shall
be in conformance with the Alaska Department of Environmental Conservation regulations.
21.52.070 Nuisance Standards. All development and
structures shall conform to the Nuisance Standards contained in HCC §
21.49.070.
21.52.080
Lighting Standards. All uses and development shall conform to the Lighting
Standards contained in HCC § 21.49.080.
21.52.090
Traffic Standards. All uses shall conform to the Traffic Standards contained in
HCC § 21.49.090.
21.52.100 Evidence of Compliance. Evidence of Compliance. Upon request by the City, information sufficient to determine the degree of compliance with the standards of this chapter shall be furnished by the property owner or owner’s representative. Such request may include a requirement of continuous records of operation likely to violate the standards for periodic survey in the event a question arises as to compliance.
Section 7. Section 21.53 pertaining to the Marine Industrial District is hereby amended to read as follows:
Chapter
21.53
MI
IN MARINE INDUSTRIAL DISTRICT
Sections:
21.53.010 Purpose.
21.53.020
Permitted uses and structures.
21.53.030
Conditional uses and structures
21.53.040
Performance standards. Dimensional requirements.
21.53.050
Dimensional requirements. Site
and Access Plan.
21.53.060
Site and access plan. Site Development Requirements.
21.53.070 Nuisance Standards.
21.53.080 Lighting Standards.
21.53.090 Traffic Standards.
21.53.100 Evidence of Compliance.
21.53.010
Purpose. a. The purpose of the marine industrial
district is to provide adequate space for those industrial uses that require
direct marine access for their operation and to encourage the most efficient
utilization of land. The intention of
this district is to promote those marine-dependent industries that are
important to Homer’s economic base, such as fishing, fish processing, marine
transportation, off-shore oil development and tourism; to give priority to
those uses, and to minimize conflicts among industrial, commercial and
recreational uses.
21.53.020
Permitted uses and structures. The
following uses are permitted outright in the marine industrial district, except when such use requires a
conditional use permit by reason of size, traffic volumes, or other reasons set
forth in this chapter:
a. Port and harbor facilities;
b. Manufacturing processing and packing of sea
products;
c.
Cold-storage plants;
d. Drydocks;
e.
Wharves and docks, marine loading facilities, ferry terminals, marine railways;
f. Marine equipment services, storage, sales or
rentals.
g. Boat launching or moorage facilities,
marinas, boat charter services;
h. Warehouse and marshaling yards for storing
goods awaiting transfer to marine craft or awaiting immediate pickup by
land-based to transportation;
I.i. Public utilities required to serve marine industrial uses, such
as water and sewer lines and treatment facilities;
j. Other similar uses, including marine
commercial uses as determined by the Planning Commission, provided they
meet the following standards:
1. The proposed use is consistent with the
purpose of marine industrial districts and services of those industries,
2. The proposed use is compatible with land use
development plans for the Homer Spit and the comprehensive plan,
3. Public facilities and services are adequate
to serve the proposed use,
4. The city of Homer Port and Harbor commission
makes a written finding to the Homer Advisory Planning Commission that
conditions 1 through 3 of this subsection have been met;
k. Temporary storage of commercial equipment
being used in conjunction with a specific construction project for the duration
of that project only;
l. Mobile commercial structures on a temporary
basis during construction of a 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;
m. Mobile food services;
n. Itinerant merchants, provided all activities
shall be limited to uses permitted outright under this zoning district;
o. Recreational vehicle parks, provided they
shall conform to the standards in §21.61.090.
21.53.030
Conditional uses and structures.
The following uses are permitted in the marine industrial district when
authorized in accordance with Chapter 21.61:
a. Planned unit development;
b. Boat storage and boat manufacturing;
c. Restaurants and drinking establishments;
d. Extractive enterprises related to other
permitted uses;
e. Campgrounds;
f. Bulk petroleum storage;
g. Accessory caretaker’s residence;
h. Heliports;
I. Pipelines and railroads;
j. More than one building containing a
permitted principal use on a lot.
k. Retail or wholesale business in excess of 30,000
square feet of area in a single building.
l. Permitted uses that exceed 100 vehicles during
peak hour or more than 500 vehicles per day based on the proposed land use and
density, calculated utilizing the Trip General Manual, Institute of Traffic
Engineers, most current edition.
21.53.040
Performance Standards.
a. All industrial uses shall
conform to the performance standards contained in §21.49.060.
b.
Point source discharges to a waterway
shall be in conformance with the Alaska Department of Environmental
Conservation regulations
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. Alleys are not subject to
a 20 foot setback requirement. The setback requirements from any lot line
abutting an alley will be determined by the dimensional requirements of
subparagraph (2) below.
2. Buildings shall be set back five feet from
all other lot boundary lot 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
Marshal.
c. No lot shall contain more than 8,000 square feet
of building area, nor shall any lot contain
building area in excess of 30% of the lot area without an approved
conditional use permit.
d. Building
Area and Dimensions - Retail and Wholesale.
1. For buildings that contain retail or
wholesale uses, one stand-alone retail or wholesale business shall not
exceed 20,000 square feet of floor area within the structure. Additional
stand-alone retail or wholesale businesses shall not exceed 5,000 square feet
of floor area per business within the same building. The total square feet floor area of
retail and or wholesale business uses within a single
building shall not shall not exceed 25,000 square feet.
2. In no event
may a conditional use permit or variance be granted that would allow a building
to exceed the limits of subparagraph (1) and no nonconforming use or structure
may be expanded in any manner that would increase its nonconformance with the
limits of subparagraph(1).
e. Sign Area.
Sign Area shall include the area of any tenant-specific motifs or
architectural devices including, but not limited to, roof forms, canopies,
awnings, building color or finish, striping or color bars. The entire area of backlit awnings with
translucent material shall be counted as a sign area.
21.53.050 060 Site and aAccess pPlan. a.
A building permit for use within the marine industrial district shall
not be issued by the City without a plot plan for that use in conformance with HCC §21.50.060 050.
21.53.040 060 Performance Standards. Site Development Requirements a. All industrial development
shall conform to the performance standards contained in HCC §21.49.060.
b. Point source discharges to a waterway shall be
in conformance with the Alaska Department of Environmental Conservation
regulations.
21.53.070 Nuisance Standards. All development and
structures shall conform to the Nuisance Standards contained in HCC §
21.49.070.
21.53.080
Lighting Standards. All uses and structures shall conform to the Lighting
Standards contained in HCC § 21.49.080.
21.53.090
Traffic Standards. All uses shall conform to the Traffic Standards contained in
HCC§ 21.49.090.
21.52.100
Evidence of Compliance. Evidence of Compliance. Upon request by the
City, information sufficient to determine the degree of compliance with the standards
of this chapter shall be furnished by the property owner or owner’s
representative. Such request may include a requirement of continuous records of
operation likely to violate the standards for periodic survey in the event a
question arises as to compliance.
Section 8. Section 21.61 pertaining to Conditional Use Permits is hereby amended to read as follows:
Chapter
21.61
CONDITIONAL
USE PERMITS
Sections:
21.61.010 Intent.
21.61.020 General conditions.
21.61.030 Application for conditional use permits.
21.61.040 Procedures.
21.61.050 Time limitations.
21.61.060 Standards for planned unit developments.
21.61.070 Standards for townhouses.
21.61.080 Standards for mobile home parks.
21.61.090 Standards for recreational vehicle
parks.
21.61.095 Temporary recreational vehicle parks.
21.61.100
Standards for
churches.
21.61.105 Requirements
for Large Retail and Wholesale Development More Than 15,000 Square Feet in
Area.
21.61.110 Standards
for Traffic Impact Analysis.
21.61.010
Intent. It is the intent of this
chapter to provide the flexibility necessary to allow by permit a use within a
district under conditions which are specified in addition to regulations
applying to other uses permitted outright within the district. The reasons for requiring such special
conditions include, among others, the size of the area required for the full
development of such uses, the nature of the traffic problems incidental to
operation of uses, and the effect such uses have on any adjoining land uses and
on the growth and development of the city as a whole. Location and operation of designated conditional uses shall be
subject to review and authorized only by issuance of a conditional use permit.
The purpose of review shall be to determine that the characteristics of any
such use shall not be incompatible with the type of uses permitted in
surrounding areas, and for the further purpose of establishing reasonable
conditions so that the basic purpose of this chapter shall be served. Nothing herein shall be construed to require
the granting of a conditional use permit.
21.61.020
General conditions. Prior to
granting a conditional use permit, it shall be established that the use
satisfies the following conditions:
a. The use is consistent with the purpose
of chapters HCC 21.28
through HCC 21.70 and the
purpose of the zoning district;
b. The value of the adjoining property
will not be negatively impacted greater than that anticipated from other
permitted uses in this district;
c. The proposed use is in harmony with the community plan and with surrounding land use;
d. Public services and facilities are
adequate to serve the proposed use;
e. In evaluating the above-mentioned
conditions, consideration may be given to harmony in scale, bulk, coverage and
density, to the harmful effect, if any, upon desirable neighborhood character,
to the generation of traffic and the capacity of surrounding streets and roads,
and to any other relevant impact of the use;
f. Any and all specific conditions deemed
necessary by the Advisory Planning Commission to fulfill the above
mentioned conditions shall be met by the applicant. Guarantees and evidence may be required that such conditions will
be or are being complied with. Such
conditions may include, but are not limited to, requiring:
1. Special yards and spaces,
2. Fences and walls,
3. Surfacing of parking areas,
4. Street and road dedications and
improvements (or bonds),
5. Control of points of vehicular ingress
and egress,
6. Special provisions on signs,
7. Landscaping and maintenance thereof,
8. Maintenance of the grounds,
9. Control of noise, vibration, odors or
other similar nuisances,
10. Limitation of time for certain
activities,
11. A time period within which the proposed
use shall be developed,
12. A limit on total duration of use.
g. Buildings shall comply with building
codes adopted by the State of Alaska.
h. Building and site development shall conform to the City of Homer Community Design Manual.
21.61.030
Application for conditional use permits.
Application for a conditional use permit shall be filed with the City
Manager. The application shall include,
but is not limited to, the following:
a. Name and address of the party seeking
the permit;
b. A legal description of the land;
c. A description of the proposed use,
including a dimensioned plot plan and description of neighboring land use,
including any necessary maps and diagrams;
d. The appropriate fee;
e. Any additional information which the administration
official or the Advisory Planning Commission may require to
determine if all conditions will be satisfied
21.61.040
Procedures. a. If the application is in order determined to be complete, the
City Manager shall schedule a public hearing and notice of the proposal as
specified in Chapter 21.69, within 45
days of the determination.
b. Approval shall require the concurring
majority vote plus one of the Advisory Planning Commission.
c. The Advisory Planning
Commission shall, within forty-five days of receipt by the Planning
Department of a completed application of
the close of the public hearing, approve, disapprove or conditionally
approve the application for a conditional use permit. In the event If the Commission fails to act, the
application is considered approved, and a certificate of approval shall be
issued upon demand. The applicant for a
conditional use permit may consent to the extension of the period for action by
the Commission.
21.61.050
Time limitations. Failure to meet
any time limits imposed by the conditional use permit granted by the Advisory
Planning Commission shall void the conditional use permit, provided that an
extension may be granted by the Planning Commission following a public
hearing on the matter. The Commission
may grant extensions for good cause only.
21.61.060
Standards for Planned Unit Developments (PUDs). a. Purpose.
Planned Unit Development is a device which allows a development to be
planned and built as a unit, or as a phased development, and which, as a
result, permits flexibility and variation in many of the traditional controls
related to density, land use, setback, open space and other design elements,
and the timing and sequencing of the development. Planned Unit Developments PUDs are allowed as a conditional use within certain zoning
districts and are applicable to either residential, commercial, noncommercial
or industrial uses or a combination thereof.
b. Uses allowed as Planned Unit
Developments. Planned Unit Developments
may be allowed in all zoning districts, except open space recreational and conservation districts. PUDs may consist of residential,
noncommercial, commercial or industrial uses or a combination thereof.
c. Development Plan
1. A conditional use permit application
and a development plan for a Planned Unit Development shall be submitted to the
City for administrative review and recommendation to the Advisory Planning
Commission. They shall include the
following:
a. A statement of purpose and objective;
b. A specific plan of development,
including a designation of land uses by relative intensity and proportion of
land area intended for each land use;
c. A program of development outlining the
stages of future development and the phase for current approval;
d. The time schedule;
e. A statement demonstrating the
independence of each stage;
f. The general location and size of the
area involved and the nature of the land owner’s interest in the land to be
developed;
g. The density of land use to be allocated
to parts of the area to be developed;
h. The location, function, ownership and
manner of maintenance of common open space for the management during
construction; and ,
management during each phase of development; and ,
the final management of the completed development;
I. The use, approximate height, bulk and
location of buildings and other structures;
j. A utilities and drainage plan;
k. The substance of covenants, grants of
easements or other restrictions to be imposed upon the use of the land,
buildings and structures, including proposed easements for public utilities;
l. A parking plan and the location and
width of proposed streets and public ways and the relationship of new or
existing streets and other public facilities in proximity to the planned
development;
m. In the case of plans which call for
development over a period of years, a schedule showing the time within which
application for final approval of all parts of the planned development are
intended to be filed;
n. A list of required permits necessary
from state or federal agencies; which the Planning Commission may
require prior to final approval;
o. Site plans sufficient to depict above
listed requirements or other conditions required by staff.
p. A statement of methods to be employed
to assure maintenance of any common areas and facilities shall be submitted.
2. The Administrative Official or designee
shall review the application form, development plan, and maps to determine
their completeness. If adequate
information is available to allow for Homer Planning Commission
review, the application will be scheduled before the Homer Planning
Commission as a conditional use permit application. The Administrative Official or designee shall recommend approval,
approval with conditions or disapproval to the Homer Advisory Planning
Commission.
d. Homer Advisory Planning
Commission Review.
1. Upon receipt of the administrative
review and recommendation, the Homer Planning Commission shall
make a finding that the development plan is consistent with the conditional use
permit requirements, or that it is inconsistent.
Prior to finding that a development plan is
consistent with the conditional use permit requirements it shall be found that
the use satisfies the conditions of HCC
§21.61.020, and any other conditions that the administrative official or
designee or the Homer Advisory Planning Commission may
require to satisfy the requirements of this section.
2. If the Commission determines that the
plan is not consistent with the conditional use permit requirements or is not
consistent with good design, efficient use of the site, or community standards,
the Commission shall deny the application.
3. In the event it is determined that the
development plan is consistent with the conditional use permit requirements,
with good design, efficient use of the site and community standards, the Homer
Planning Commission shall approve the development plan and conditional
use permit with such modifications or conditions that it deems necessary.
4. In any event, the Homer Planning
Commission shall adopt written findings of fact and conclusions that are
support by substantial evidence in the record and adequately set forth the
basis for the decision.
e. Residential PUD’s.
1. A residential PUD (a planned unit
development with residential uses) shall comply with the following requirements
and conditions and with HCC
§21.61.060(f) if commercial, non commercial or industrial uses are part of the
development. Public water and sewer facilities shall be available or shall be
provided as part of the site development, or if public facilities are not
available, systems must be approved by the Alaska Department of Environmental
Conservation;
2. Density.
a. Maximum project floor area shall not exceed
.4 times the gross land area;
b. Total
open area shall be at least 1.1 times the total floor area;
c. Open
area shall not include areas used for parking or maneuvering incidental to
parking vehicular access. Open area may
include walkways, landscaped areas, sitting areas, recreation space, and other
amenities. All open area shall be
suitably improved for its intended use but open area containing natural
features worthy of preservation may be left unimproved.
3. Common Open Space.
a. All or a portion of the open area may
be set aside as common open space for the sole benefit, use and enjoyment of
present and future residents of the development.
b. The
development schedule which is part of the development plan must coordinate the
improvement of the common open space with the construction of residential
dwellings in the planned development.
c. For
any areas to be held under common ownership, a document showing the future
maintenance provisions shall be submitted to the Homer Planning
Commission. These provisions shall
include mandatory membership of all property owners in any association designed
for maintenance of the common area.
4. Perimeter Requirements. If topographical or other barriers do not
provide adequate privacy for uses adjacent to the PUD, the Homer Planning
Commission may impose one of both of following requirements:
a. Structures located on the perimeter of
the planned development must be set back a distance sufficient to protect the
privacy of adjacent uses;
b. Structures
on the perimeter must be permanently screened by a fence, wall or planting.
5. Dimensional Requirements. Dimensional requirements may be varied from
the requirements of the district within which the PUD is located. All departures from those requirements will
be evaluated against the following criteria:
a. Privacy. The minimum building spacing requirement is intended to provide privacy within the dwelling unit. Where windows are placed in only one or two facing walls or there are no windows, or where the builder provides adequate screening for windows, or where the windows are at such a height or location to provide adequate privacy, the building spacing may be reduced.
b. Light and Air. The building spacing provides one method of insuring that each room has adequate light and air. Building spacing may be reduced where there are no windows or very small window areas and where rooms have adequate provisions for light and air from another direction.
c. Use. Where areas between both buildings are to be
used as service yards for storage of trash, clotheslines or other utilitarian
purposes, then a reduction of building space permitting effective design of a
utility space may be permitted.
Kitchens and garages are suitable uses for rooms abutting such utility
yards.
d. Building configuration. Where building configuration is irregular so
that the needs expressed in subsections a, b and c of this section are met by
the building configuration, reduced building spacing may be permitted.
e. Front Yard. Where the developer provides privacy by reducing traffic flow
through street layouts such as cul-de-sacs, or by screening or planting, or by
fencing the structure toward open space or a pedestrian way, or through the
room layout, the right-of-way setback requirement may be reduced.
f. Lot Width. A minimum lot width is intended to prevent the construction of
long, narrow buildings with inadequate privacy, light and air. There are situations as in cul-de-sacs,
steep slopes or off-set lots, where, because of lot configuration or
topography, narrow or irregular lots provide the best possible design. Where the design is such that light, air and
privacy can be provided, especially for living spaces and bedrooms, a narrower
lot width may be permitted.
f. Commercial, noncommercial and
industrial PUDs (planned unit developments that include uses other than
residential uses).
1. For purposes of this section, a
commercial use is defined as an occupation, employment, or enterprise that is
carried on for profit that is not an industrial use.
2. For purposes of this section, an
industrial use is defined as a use engaged in the processing and manufacturing
of materials or products, including processing, fabrication, assembly,
treatment packaging, storage, sales and distribution of such products.
3. For purposes of this section a
noncommercial use is a use that is neither residential, commercial or
industrial.
4. A planned unit development that
includes commercial, noncommercial or industrial uses shall comply with the
following requirements and conditions, with HCC §21.61.060(e) if residential uses are part of the
development:
a. The PUD site shall have direct access
to an arterial or collector street.
b. Utilities, roads and other essential
services must be available for the immediate use of occupants purchasing sites
in the PUD.
c. The proposed PUD shall be developed with a unified architectural treatment.
5. If topographical or other barriers do
not provide adequate privacy for uses adjacent to the PUD, the Homer Planing
cCommission may
require that one or both of the following requirements be met:
a. Structures located on the perimeter of the
planned development must be set back a distance sufficient to protect the
privacy of adjacent users;
b. Structures on the perimeter must be
permanently screened by a fence, wall or planting.
6. Dimensional Requirements. Setbacks and distances between buildings
within the development shall be at least equivalent to that required by the
zoning district in which the PUD is located unless the applicant demonstrates
that:
a. A better or more appropriate design can
be achieved by not applying the provisions of the zoning district; and
b. Adherence to the requirements of the
zoning district is not required in order to insure health, safety and welfare
of the users and inhabitants of the development.
7. The performance standards in HCC § 21.49.060 shall be met.
g. Time Limit. After a development plan is approved by the Advisory Planning
Commission, development of the planned unit development must begin within one
year of approval of the conditional use permit and development plan. If development is not begun within such
time, the conditional use permit and development plan approval lapses, and the
conditional use permit and development plan must be resubmitted to the Planning
Commission for reapproval. After a
lapse of one year or more a new conditional use permit application and
development plan must be submitted to the Planning Commission for
complete reconsideration.
21.61.070
Standards for townhouses. Townhouses may be conditionally permitted if
the following requirements are met:
a. The proposed development meets the
conditions specified in Chapter HCC
21.61;
b. A detailed development plan is
submitted with the application for a conditional use, including a site plan
drawn to scale. The site plan shall
include but shall not be limited to the topography and drainage of the proposed
site, the location of all buildings and structures on the site, courts and open
space areas, circulation patterns, ingress and egress points, parking areas
(including the total number of parking spaces provided) and a general floor
plan of the principal buildings, together with other such information as the Homer Planning Commission shall require;
c. Not more than six contiguous townhouses
shall be built in a row with the same ofr approximately the same front line and not more than twelve
townhouses shall be contiguous;
d. No more than one townhouse project
shall be located any loser than six hundred feet to another townhouse project
unless otherwise approved by the Homer Planning Commission;
e. No portion of a townhouse or accessory
structure in, or related to, on group of contiguous townhouses shall be closer
than fifteen feet to any portion of another townhouse (or accessory structure
related to another townhouse group), or to any building outside the townhouse
project;
f. Minimum lot width for each townhouse
unit is twenty-four feet;
g. Minimum lot area for each townhouse unit shall be as follows:
1. For a two-unit townhouse, four thousand
square feet per unit;
2. For a three-unit townhouse, three
thousand square feet per unit;
3. For a four or greater unit townhouse,
two thousand square feet per unit;
h. Each townhouse unit shall have a total yard area containing at least one thousand square feet. Such total yard area may be reduced to five hundred square feet if five hundred square feet of common open or common recreational area, to including parking spaces, is available for each unit. Such yard area shall be reasonably secluded from view from streets or used for off-street parking or for any accessory building;
Ii.. Grouping of parking spaces is desirable provided that spaces
intended for a particular unit are no more than one hundred feet from the
unit. On minor streets, use of the
right-of-way may be permitted for maneuvering incidental to parking this
that will facilitate snow
removal. On collector and arterial
streets, maneuvering incidental to parking shall not be permitted;
j. Visibility at Access Points For
Automobiles. The following requirements
apply to all private drives and entrances to, or exists from common parking
areas, including such drives and access routes on adjacent property. At the intersection of any private drive or
entrance or exit for a common parking area with a public street, no fence,
wall, hedge or other planting or structure forming a material impediment to
visibility between a height of two and one-half feet and eight feet shall be
erected, planted, placed or maintained, and no vehicle so impeding visibility
shall be parked within triangular areas defined by lines connecting points as
follows:
Beginning
at the point where the midline of the private drive or entrance or exit for a
common parking area intersects the public right-of-way line in the direction of
approaching traffic, thence to a point twenty-five feet toward the interior of
the property of the previously described midline, and thence to point of
beginning. No such visibility triangle
need be maintained on the side of the drive, entrance or exit away from
approaching traffic on the same side of the street;
k. Minimum setbacks for townhouse
developments shall adhere to the setback requirements of the zoning district
within which it is located;
l. Maximum building height shall not
exceed twenty-five feet;
m. All party walls shall adhere to fire
safety standards as established by the State Fire Marshal;
n. All townhouse developments constructed
pursuant to a conditional use permit issued under the provision of Chapter
HCC 21.61 shall be
constructed in compliance with all pertinent State statutes then in effect;
o. The developer or subdivider of any
townhouse development shall have evidence that compliance with the Horizontal
Property Regimes Act, AS 34.07, has been made prior to the sale of any
townhouse dwelling units, and further:
1. The developer or subdivider of any
townhouse development shall deposit with the appropriate homeowners’
association, formed in compliance with the Horizontal Property Regimes Act
cited in this section, a contingency fund in the sum of five hundred dollars
per dwelling unit in the townhouse development;
2. A copy of the bylaws of the homeowner’s
association showing in what manner the aforesaid contingency fund shall be
controlled shall be furnished to the city for review and approval;
p. All areas not devoted to buildings,
drives, walks, parking areas or other authorized installations shall be covered
with one or more of the following: lawn grass, natural or ornamental shrubbery
or trees;
q. All roadways, fire lanes or areas for
maneuvering incidental to parking (not to include designated commonly held open
space or recreation areas) shall be a minimum of twenty-two feet in width. Furthermore, no vehicular parking shall be
allowed in the aforementioned areas; and
r. The standards set forth in this
section shall complement the general standards set forth in this chapter, and
shall not be construed as superseding any general standard. In the event of conflict, the stricter
standard shall control. All townhouse
developments are subject to the conditions set forth in the Horizontal Property Regimes Act and/or the
Uniform Common Interest Ownership Act.
21.61.080
Standards for mobile home parks.
a. Purpose. The intent is to provide minimum standards
to assure the orderly and beneficial development of mobile home parks because
the special features and demands of mobile developments require full
consideration of their demands for full urban services and utilities and of
their relationship to, and the effect upon, adjacent uses.
b. District Allowed. Mobile home parks will be allowed in all
districts except marine industrial, marine commercial, open space--recreational
and urban residential.
c. Space Occupancy. Only one mobile home or duplex mobile home
shall occupy a space.
d. Minimum Lot Size. Each space for a mobile home shall contain
not less than three thousand square feet, exclusive of space provided for the
common use of tenants, such as roadways, general use structures, guest parking,
walkways, and areas for recreation and landscaping. Spaces designed and rented for duplex mobile homes shall have a
minimum of four thousand five hundred square feet.
e. Setbacks.
1. No mobile home in the park shall be
located closer than fifteen feet from another mobile home or from a general use
building in the park.
2. No mobile home accessory building or
structure on a mobile home space shall be closer than ten feet from another
mobile home, accessory building or another mobile home space.
3. Along any lot bordering a public
right-of-way, mobile homes and other buildings shall be set back a minimum of
ten feet plus one-half of the required right-of-way width; the setback shall be
measured from the right-of-way centerline to the nearest point of any
structure.
f. Open Space and Recreation Areas. A minimum of ten percent of the total
project area shall be devoted to a common open space for use by residents of
the mobile home park. This open space
shall not include areas used for parking or maneuvering, vehicle access, or any
area within a mobile home space. The
open space may include lawns and other landscaped areas, walkways, paved
terraces, and sitting areas. The common
open space shall be reasonable secluded from view from streets and shall be
maintained in a neat appearance.
g. Mobile Home Structures. A mobile home permitted in the park shall
meet the following standards:
1. The mobile home shall contain sleeping
accommodations, a flush toilet, a tub or shower and kitchen facilities, with
plumbing an electrical connections provided for attachment to outside systems.
2. The mobile home shall be fully skirted
and if a single-wide unit, shall be tied down with devices that meet State
standards.
h. Storage. Two hundred cubic feet of covered storage shall be provided for
each mobile home space (but not necessarily on-site).
I. Perimeter. The land which is used for park purposes shall be effectively
screened, except at entry and exit places, by a wall, fence or other
sight-obscuring screening. Such screening
shall be of a height adequate to screen the mobile home park from view and
shall be maintained in a neat appearance.
j. Water and Sewer. All mobile homes in the park shall be
connected to water and sewage systems before they are occupied. Evidence shall be provided with the
application for a mobile home park that the park will meet the standards of the
Alaska Department of Environmental Conservation.
k. Access. Each mobile home space shall be directly accessible from an
internal street without the necessity of crossing any other space. Direct access from public streets to a
mobile home space is prohibited.
l. Parking. A minimum of two parking spaces shall be provided for each mobile
home space. An additional common
parking area for guests shall be provided with one space for every four mobile
homes.
m. Street Standards.
1. Circulation. The street system shall provide convenience circulation by means
of minor streets and collector streets.
Dead-end streets shall be provided with an adequate turning circle at
least eighty- feet in diameter.
2. Street Widths. Street widths shall be adequate to
accommodate the contemplated traffic load:
Minimum Width (in feet)
Minor
streets with no parking 22
3. If utilities are planned to be in or
next to streets, additional width may be required by the Homer Planning
Commission.
21.61.090
Standards for recreational vehicle parks.
a. Purpose. The intent of this section is to insure that each park provides
safe and sanitary accommodations for the campers, travel trailers and other
vehicles which are located within the park, that the support services (such as
utilities and facilities) are adequate for the period of their stay in the
park, and that the park does not permit the use of any of its accommodations
for permanent occupancy.
b. Space Size. The space provided for each recreational vehicle shall be a
minimum of six hundred square feet, exclusive of any space used for common
areas, driving lanes, walkways, general use structures, and landscaped areas.
c. Minimum Lot Size. The minimum lot size for a recreational
vehicle park shall be forty thousand square feet.
d. Identification. Each recreational vehicle space shall be
plainly marked and numbered for identification.
e. Occupancy. Only one recreational vehicle shall occupy a space. Recreational vehicle parks may be open on a
year round basis. No recreational
vehicle shall be parked for occupancy in a recreational vehicle park for more
than 30 continuous days, nor shall a recreational vehicle be parked for
occupancy in a recreational vehicle park for more than 120 days in any 12-month
period.
f. Surfaces. Surfaces shall be designed to provide for runoff of surface water
and be approved by the Public Works Department.
g. Utilities.
1. Sources of potable water and wastewater
disposal facilities shall be in accordance with applicable Alaska Department of
Environmental Conservation regulations.
2. The park shall provide toilets and
lavatories in accordance with applicable Alaska Department of Environmental
Conservation regulations.
3. Noise levels shall not exceed levels
that unreasonable disturb or interfere with the peace, comfort and ;repose of
persons with ordinary sensibilities.
h. Solid Waste Disposal. The recreational park must provide for
adequate trash removal.
i. Parking.
1. One parking space shall be provided
within each recreational vehicle space.
2. Additional parking shall be provided
for exclusive use of the park manager and employees.
3. Guest parking shall be provided at a
rate of one parking space per twenty-five recreational vehicle spaces.
4. Handicapped recreational vehicle spaces
shall comply with federal regulations.
j. Roadways.
1. All designate driving lanes shall be not
less than fifteen feet in width for one-lane traffic or thirty feet in width
for two-lane traffic and shall adhere to AASHTO Design Criteria.
2. All driving lanes shall be crushed
gravel, asphalt, or concrete and designed to permit easy access to all
recreational vehicle spaces.
3. Driving lane maintenance shall be the
responsibility of park owner or operator.
k. Common areas. At least seven percent of the entire recreational vehicle park
shall be developed as open space.
l. Accessory Uses. Accessory uses within the recreational
vehicle park may include an office, a place for a manager to live, a bathhouse
and outhouse buildings, a small convenience store, storage buildings, and other
necessary facilities.
m. All recreational vehicles parks must
comply with local, state and federal requirements prior to receiving a City building
zoning permit.
21.61.095
Temporary recreational vehicle parks.
If existing recreational park facilities are unavailable, temporary
recreational vehicle parks may be established for scheduled caravans provided
that a temporary use permit is obtained at the City Planning Department prior
to occupancy.
21.61.100
Standards for churches. a. District Allowed. Churches are permitted in the urban residential, rural residential
and central business districts.
b. Lot Size. Churches shall have a minimum lot size of fifteen thousand square
feet.
c. Setbacks. Setbacks for churches and their accessory buildings shall conform
to the minimum requirements of the district in which they are located.
d. Landscaping. All areas not devoted to buildings, parking walkways or driveways
shall be covered one or more of the following: lawn grass, natural or
ornamental shrubbery, or trees.
e. Residential Buildings. Residential structures shall be allowed
under the same standards as the district in which they are located. Required lot areas shall be in addition to
required lot areas for church purposes.
f. Signs. One or more signs twenty square feet in total area shall be permitted
per structure. Signs shall be only for
identification of the structure and for announcement of services and programs.
21. 61.105 Requirements for large retail and
wholesale development more than 15,000 square feet in area. This
section applies to development that includes buildings of 15,000 square feet of
building area that contain retail or wholesale uses when a conditional use
permit is required pursuant to other provisions of HCC Title 21.
a. Purpose. The intent of this section is to insure that
large retail and wholesale development is of a quality that enhances the
character of Homer, and does not overwhelm its surroundings, and protects and
contributes to the health, safety and welfare of the community. Large retail and wholesale development can
result in substantial impacts to the community, such as, but not limited to,
noise, traffic, community character, environment, and the local economy. The purpose of this section is to address
these impacts and provide for detailed review of such uses.
These requirements are intended to be used
for evaluating and assessing the quality and design of proposed large retail
and wholesale developments. Where these
requirements conflict with other provisions of this title, the more restrictive
regulations shall apply. These
requirements are in addition and complementary to the General conditions of HCC
§21.61.020.
b. Pre-application Conference. Prior to submitting a completed application,
the applicant will meet with the City Planner or designee to discuss the
conditional use permit process and any issues that may affect the proposed
conditional use. It is the intent of this section to provide for an exchange of
general and preliminary information only and no statement by the either the
applicant or the city staff shall be regarded as binding or authoritative for
purposes of this title.
c. Application. An application to the Commission for a
conditional use permit or modification of an existing conditional use may be
initiated by a property owner or the owner’s authorized agent. An application for a conditional use permit
shall be filed with the City Planner on a form provided by the planning
division.
The application for a conditional use permit for a large retail
and/or wholesale development shall be accompanied by the appropriate filing
fees as established by resolution of the City Council, payable to the City.
The City Manager will determine if the application is complete and
shall advise the applicant if the application is acceptable, and if not, what
corrective actions may be taken.
The cost of all
studies and investigations required under this Section shall be borne by the
applicant.
d. Site
Plan. A detailed site plan drawn to
scale showing the location of setbacks, easements, all existing and proposed
buildings and structures, access points, buffering, vehicular and pedestrian
circulation patterns, parking, loading and delivery areas, mechanical
equipment, drainage, landscaping, and the specific location of the use or uses
of the development, elevation plans of all proposed structures, and other
information necessary to establish the requirements will be met, shall be
submitted with the application. Site design shall utilize the natural features
and topography of the individual site to the maximum extent possible.
e. Traffic
Impact Analysis. The CUP application
shall include a traffic impact analysis if required, as required in the
applicable zoning district.
f. Community
and Economic Impact. The CUP application shall include a
Community and Economic Impact Analysis and proposed mitigation. The purpose of
assessing community and economic impact is to evaluate the projected benefits
and costs to the public and private sectors of the community from the project,
and to prescribe mitigation measures, if needed.
1. The proposed project shall not have a
significant adverse impact to the City in terms of balancing as near as
possible the cost of public services and public revenue provided through taxes
and other income.
2. The project shall be designed to
minimize negative impacts to adjoining property values.
3. The developer shall demonstrate the
financial ability to complete the project and to achieve long-term financial
stability.
g.
Parking lots and parking structures may not visually dominate Homer’s
urban setting and should enhance the City’s aesthetic qualities and natural
surroundings. Parking facilities shall
be designed and landscaped with increased emphasis on pedestrian ways that
provide public connectivity to and through the site. The visual impacts of parking lots shall be mitigated though
measures such as landscaping, screening, or situating parking areas away from
the front of buildings adjacent to arterials.
h. Landscaping is required in order to
improve the aesthetic quality of the built environment, promote retention and
protection of existing vegetation, reduce the impacts of development on the
natural environment, enhance the value of current and future development and
increase privacy for residential zones.
A landscaping plan shall provide for landscaping that minimizes visual,
sound, and other negative impacts. The
materials selected shall be compatible with the climate, planting location, and
landscaping function. The landscaping
plan shall include the retention of mature natural vegetation to the greatest
extent possible.
i. Citizen Participation Meetings. The CUP application shall include a Citizen
Participation Meetings report. The
purpose of the citizen participation meetings is to ensure that developers
pursue early and effective citizen participation in conjunction with their
development, giving them the opportunity to understand and try to mitigate any
real or perceived impacts their development may have on the community; and to
ensure that the citizens and property owners have an adequate opportunity to
learn about applications for conditional use permits that may affect them and
to work with developers to resolve concerns at an early stage of the process;
and to facilitate ongoing communication between the developer, interested
citizens and property owners, City staff, and elected officials throughout the
application review process. A minimum of two Citizen Participation Meetings
shall consist of a detailed description of the project and shall address the
following items: access, parking,
landscaping, general style and architectural finish, signage, grades and other
site improvements. During the meetings
with the public, the developer shall have available for review all conceptual
drawing(s) in standard architectural format illustrating the items above. This
material will be filed with the Planning Department, and made available for
inspection by the public.
j.
A Development Activity Plan
(DAP) shall be submitted with the CUP application if required, as required by
in the applicable zoning district.
k. A
Stormwater Protection Plan shall be submitted with the CUP application if
required, as required by in the applicable zoning district.
l. Standards. The following standards are applicable to
all CUP applications under HCC § 21.61.105.
1. Traffic. As required by HCC §21.61.110.
2. Community
and Economic Impact Analysis. At a
minimum the community and economic impact analysis shall include, based on a
horizon year of 25 10
years, the following:
a. The estimated net impacts to
local employment, wages and salaries, retained profits, property taxes, and
sales taxes.
b. The estimated net impacts of increased local consumer spending and
savings.
c. The change in the estimated number of employees, employment types,
and estimated wages generated by the project.
d. The change in locally retained profits.
e. The net change in sales tax and property
tax base and revenues, including any changes in overall land values.
f. The projected net costs to the city
arising from increased demand for and required improvements to public services
and infrastructure.
g. The value of improvements to public
services and infrastructure to be provided by the project.
h.
The impacts (including displacement of existing retailers) on the business
district.
i. The impact on the City’s Insurance
Services Office (ISO) rating.
3. Citizen
Participation Meeting. At a minimum, the citizen participation meetings report
shall include the following information:
a.
Details of techniques the applicant used to involve the public,
including:
i. Date and location of a minimum of two
meetings where invited citizens discussed the developer's proposal;
ii. Content, dates mailed, and numbers of
mailings, including letters, meeting notices, newsletters and other
publications;
iii. Location and date of meeting
advertisements; i.e. notice posting locations within Homer, newspaper
publishing dates;
iv. Mailing list of residents, property
owners, and interested parties receiving notices, newsletters, or other written
materials, and proof of advertisements and other notices; and
v. The number of people that participated
in the process.
b. A
summary of concerns, issues and problems expressed during the process,
including:
i. The substance of the concerns, issues, and problems; and
ii. How the applicant has addressed or
intends to address concerns, issues and problems expressed during the process;
and
iii. Concerns, issues and problems the
applicant is unwilling or unable to address and why.
4.
Signs. As required by
HCC 21.60.
5. Parking.
a.
Parking lots for large retail and wholesale development shall not exceed
the minimum number of spaces required
by HCC 7.12 by more than 10%.
b.
All parking areas will be posted “No Overnight Camping Permitted” as required
by HCC §.19.08.030.
c.
Where practical no more than 50% of the required parking area for the
development shall be located between the front façade of the building and the
abutting streets or adjacent to arterials.
6.
Pedestrian access. Sufficient
accessibility, safety and convenience to pedestrians shall be provided. Unobstructed sidewalks shall link the site
to existing public pedestrian facilities, including but not limited to
sidewalks and trails. Sidewalks shall
be provided along the full length of any structure where it abuts a parking
lot.
7.
Landscaping.
a.
Landscaping shall not be less than 15% of the total lot area and shall
include the retention of existing native vegetation to the maximum extent
possible. The coverage of shrubs, trees
and hedges shall be measured from their drip lines.
i.
Buffers:
1. 3 feet minimum width along all lot
lines where setbacks permit;
2. 10 feet minimum width adjacent to
rights-of-way, except alleys, and in parking lots of more than 30 spaces;
ii.
Dividers and Islands:
1. 10% of the lot area of parking lots with
more than 24 spaces;
2. Installed after 12 contiguous spaces in
parking lots with more than 24 spaces.
b.
General landscaping shall be additionally provided as needed to achieve
the minimum required landscape coverage.
c.
Required landscaping shall be limited to the following materials:
i.
Living ground cover;
ii.
Permeable, continuous non –living ground cover;
iii.
Living plant life other than ground cover;
iv.
Retained native vegetation;
v. Natural or man-made features,
including but not limited to, boulders and planters;
vi.
Pedestrian ways;
vii. Public spaces.
d.
Separate sections of landscaping shall be composed of the required
materials in any combination as follows:
i.
Living plant life other than ground cover or natural vegetation shall
have minimum coverage of 5%;
ii.
Living ground cover shall have a maximum coverage of 80%;
iii.
Permeable non-living ground cover shall have a maximum coverage of 10%;
iv.
Natural or man-made features shall have a maximum coverage of 10%;
v.
Pedestrian ways or public spaces shall have a maximum coverage of 50%.
e.
Topsoil addition, final grading, seeding, and all planting of flora must
be complete within 9 months of occupancy, or within the first growing season
after occupancy, whichever comes first.
Required landscaping will be maintained thereafter, with all shrubs,
trees, and groundcover being replaced as needed.
8.
Buffers. The Commission may
require buffers, including berms, fences, trees and shrubs, to minimize impacts
to adjacent property. A landscaped buffer, or combination of landscaping and
berms of no less than 10 feet in width will be required where the development
adjoins residential zones.
9.
Lighting. As required by individual
zoning districts.
10. Loading and Delivery. Loading and delivery operations shall be
designed and located to mitigate visual and noise impacts to adjacent
residentially zoned areas. The delivery
and loading areas will also be screened so they are not visible from public streets, sidewalks, and adjacent properties. The
Commission may limit hours of delivery and loading as necessary to reduce to
effects of noise and traffic on surrounding residential zones. A landscaped buffer may be required when
delivery and loading areas are adjacent to residentially zoned areas. The
landscaped buffer will include mixed vegetation adequate to provide noise,
light and visual screening. Commercial
vehicles, trailers, shipping containers and similar equipment used for
transporting merchandise shall remain on the premises only as long as required
for loading and unloading operations, and shall not be maintained on the
premises for storage purposes unless it is screened from public view.
11. Building and Aesthetics. The intent of these standards is to establish
minimum requirements to protect public health, safety and welfare and to help
create an attractive façade by reducing the mass of large buildings, creating
structures in scale with existing development, and creating a pedestrian
friendly environment, while recognizing that buildings for certain uses may not
be able to meet these goals. In such
instances, the Commission may allow increased landscaping and proper siting may
be utilized to mitigate the perceived mass and visual impacts of the large
building.
a. If a building façade
exceeds 60 feet in length, it shall be broken down into smaller elements by
jogging the wall in or out a minimum of four feet for at least ten feet in
length, or by adding an element such as a porch, recessed entry, bay window,
projecting trellis or similar substantial architectural feature at intervals so
that no continuous wall plane is more than 60 feet in length.
b. The portion of the
building within public view shall incorporate human-scale elements such as
windows, arcades, lower roof overhangs, awnings, or architectural
features.
c. The design shall provide
architectural features that contribute to visual interest at the pedestrian
scale and reduce the massive scale effect by breaking up the building wall,
front, side, or rear, with color, texture change, and repeating wall offsets,
reveals, or projecting ribs.
d.
The roof design shall provide variations in roof lines and heights to
add interest to, and reduce the massive scale of large buildings. Parapet walls shall be architecturally
treated to avoid a plain monotonous style.
e.
Entryways shall be designed to orient customers and add aesthetically
pleasing character to buildings by providing inviting customer entrances that
are protected from the weather. Each entrance shall be clearly defined and
highly visible.
f.
The buildings shall have exterior building materials and colors which
are aesthetically pleasing and compatible with the overall development
plan. Construction material shall
provide color, texture and scale.
g.
Public Spaces. No less than 5%
of the floor area shall be dedicated to interior or exterior public
spaces.
12.
Screening of Mechanical Equipment.
Roof or ground mechanical equipment shall be screened to mitigate noise
and views in all directions. If roof equipment is mounted, the screen shall be
designed to conform architecturally with the design of the building. Screening of ground mounted mechanical
equipment shall be of such material and be of sufficient height to block the
view and noise of the equipment.
13.
Utilities. All utilities,
including but not limited to, all wire or cable facilities, including but not
limited to electric power, telephone and CATV cables, providing permanent
service, shall be located underground.
The Commission may grant exceptions pursuant to §22.10.055(d) and (e).
14. Snow Storage. A snow storage plan, as a component of the site plan, is
required. Use of sidewalks and required
parking areas for snow storage is prohibited.
Snow storage within 25 feet of stream banks is prohibited. Use of landscaped areas for snow storage may
be allowed under the approved snow storage plan. The Commission may impose such
restrictions on snow removal operations as are necessary to reduce the effects
of noise or traffic on surrounding areas.
15.
Outdoor Sales and Storage. Areas
for outdoor sales of products may be permitted if they are extensions of the
sales floor into which patrons are allowed free access. Such areas shall be
incorporated into the overall design of the building and landscaping. The areas shall be permanently defined and
screened with walls and/or fences.
Materials, colors and design of screening walls/fences and their covers
shall be complementary to those of the primary structure. These outdoor sales and storage areas shall be considered as part of the gross floor area of the establishment. Outdoor storage must be screened
from view from adjacent streets and parcels, and must be more than 40 feet from
a building. Such outdoor storage, whether covered or not covered, shall not be
counted as part of the floor area of the building.
16. Trash and Recycling Collection. Noise and visual impacts of trash and
recycling collection on adjoining properties and streets shall be
mitigated. Trash and recycling
collection areas shall be located at least 50 feet from adjacent residential uses
or zones and public streets, unless enclosed within a structure. Unenclosed trash and recycling collection
areas shall not be visible from public streets, sidewalks, trails, internal
pedestrian walkways, or adjacent properties.
a. Traffic Impact Analysis and Traffic
Impact Mitigation.
1.
A traffic impact
analysis must compute traffic generated by a development in accordance with the
Institute of Traffic Engineers’ Trip
Generation Handbook (current edition).
The City will, at its discretion, require a traffic impact analysis
based upon local traffic generation values.
A traffic impact analysis must be prepared by an engineer licensed under
AS 08.48 and contracted by the City, and must be submitted to the City for
review and comment under (8) of this section. TIA costs will be borne by the
permittee.
2. Level of service (LOS) and
operational analysis for a traffic impact analysis prepared under this section
must be performed in accordance with the Transportation Research Board’s
publication Special Report 209, Highway
Capacity Manual (current edition).
3. The minimum acceptable LOS at
intersections and on road segments both on the development’s opening date and
in the design year is:
a. LOS C, if the LOS on the date of
application is LOS C or better;
b. LOS C, if the LOS on the date of
application is LOS D;
c.
LOS D, if the LOS on the date of application is LOS E or poorer.
4
A traffic impact analysis prepared under this section must address:
a. Intersections on highways, roads, streets
or alleys where traffic on any approach is expected to increase as a result of
the proposed development by at least 5 percent of the approach’s capacity;
b. Segments of highways, roads, streets
or alleys between intersections where total traffic is expected to increase as
a result of the proposed development by at least 5 percent of the segments’
capacity;
c. Intersections, highways, roads,
streets or alleys where the safety of facilities will deteriorate as a result
of the traffic generated by the development;
d. Each driveway or approach road that
will allow egress or ingress to a highway for the proposed development;
e. Parking and circulation routes within
the proposed development, to the extent necessary to ensure that traffic does
not back up onto a highway; and
f. Pedestrian and bicycle facilities
that are a part of the highway, road, street or alley to which a permit
applicant seeks access.
5. Except for a development expected to
generate 250 or more vehicle trips during the peak traffic hour, a traffic
impact analysis prepared under this section must consider the following:
a. Projected traffic at the
development’s anticipated opening date, excluding the traffic generated by the
development; and
b. Projected traffic at the
development’s anticipated opening date, including the traffic generated by the
development.
6. A traffic impact analysis prepared
under this section for a development expected to generate 250 or more vehicle
trips during the peak traffic hours must, in addition to the projected traffic
volumes before and after the completion of the proposed development, consider:
a. The projected traffic in the design
year for the proposed development, excluding traffic generated by the
development; and
b. The projected traffic for the design
year for the proposed development including the traffic generated by the
development.
7.
A traffic impact analysis prepared under this section must identify:
a. Locations where road improvements are
necessary to mitigate traffic impacts, including locations where the LOS is
less than acceptable under (3) of this section;
i. Due to the development at either the
opening date or the design year; or
ii. At either the opening date or the
design year without the development and improvements are necessary to prevent
the LOS from deteriorating further as a result of the proposed development;
b. Road improvement alternatives that
will achieve an acceptable LOS or minimize degradation of service below an
already acceptable LOS;
i.
On the opening date of the development; and
ii. In the design year of the
development, for a development projected to generate 250 or more vehicle trips
during peak hour on the opening date of the development;
c. Bicycle or pedestrian improvements
necessary to accommodate bicycle and pedestrian traffic as negotiated between
the City and the applicant; and
d. Improvements needed for internal
circulation and parking plans.
8. The City will review and comment upon
a traffic impact analysis prepared under this section and submitted for a
proposed development. The City will, in
its discretion, request clarification and further analysis of the impacts that
it considers necessary to adequately consider the risks presented to the
traveling public by the proposed development.
If alternative means are proposed by an applicant for mitigation of the
traffic impacts of a proposed development, the City will consider the proposed
alternatives that provides the greatest public benefit, at the least private
cost, and that meets appropriate LOS on an impacted highway, road, street or
alley. The mitigation plan must be
approved by the City prior to the issuance of a zoning permit.
9.Performance and Payment Bonds. The
City may require the posting of a bond or other surety or collateral approved
as to form by the city attorney to guarantee the satisfactory completion of all
traffic impact mitigation required by the City.
b. Traffic Impact Mitigation
1. Permittee shall make improvements to
a highway, road, street, alley or intersection to maintain an acceptable LOS if
a highway, road, street, alley or intersection has an:
a. Acceptable LOS without traffic
generated by the development; and
b. Unacceptable LOS with traffic
generated by the development:
i.
At the opening date of the development; or
ii. In the design year of the
development, for a development expected to generate 250 or more vehicle trips
during peak hour on the opening date of the development.
2. If a highway, road, street, alley or
intersection has an unacceptable LOS without traffic generated by the development,
either at the opening date of the development or in the design year of the
development, a permittee shall make improvements to the highway, road, street,
alley or intersection so the operation of the highway does not deteriorate in
terms of delay time or other appropriate measures of effectiveness with the
addition of the traffic generated by the development at the opening date of the
development or in the design year.
3. A permittee for which a traffic impact analysis report has been
approved shall use signs and markings on approaches to highways within the
development that conform with the Alaska
Traffic Manual. The City adopts by
reference the Alaska Traffic Manual,
consisting of the Manual of Uniform
Traffic Control Devices for Streets and Highways, current edition,
including revisions 1 through 7, issued by the United States Department of
Transportation, Federal Highway Administration, and the State of Alaska
Department of Transportation and Public Facilities Alaska Supplement, as most currently. Internal circulation and parking layout must provide sufficient
queuing distance within the development between the highway, road, street,
alley or intersection and potential internal block points to ensure that no
traffic backs up onto the highway, road, street, alley, intersection, including
bicycle and pedestrian facilities.
4. If a traffic impact analysis discloses impacts upon pedestrian
and bicycle traffic, a permittee shall take steps to mitigate the impact.
Section 9. 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 , 2004.
CITY OF HOMER
Jack Cushing, Mayor
ATTEST:
Mary L. Calhoun, City Clerk
AYES: - 5 -
NOES: - 1 -
ABSTAIN: -0-
ABSENT: -0-
First Reading: March 8, 2004
Public Hearing: March 22 and April 12, 2004
Second Reading: April 12, 2004
Effective Date: April 13, 2004
Reviewed and approved as to form:
_____________________________ ___________________________
City Manager City Attorney