CITY OF HOMER

City Clerk

HOMER, ALASKA

ORDINANCE 04-17

AN ORDINANCE OF THE CITY COUNCIL AMENDING THE HOMER CITY CODE SECTIONS 21.48.040, 21.49.040, AND 21.50.050 TO ADD A SUBSECTION TO LIMIT THE FOOTPRINT SIZE OF BUILDINGS USED PRIMARILY FOR RETAIL AND WHOLESALE BUSINESS AT 66,000 SQUARE FEET.

WHEREAS, An initiative petition was filed with the City Clerk on March 25, 2004 and has been certified as of April 5, 2004; and

WHEREAS, Alaska Statute 29.26.170(b) states that if the governing body adopts substantially the same measure, the petition is void and the matter initiated may not be placed before the voters.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. That Homer City Code Section 21.48.040 (CBD) is hereby amended to add d. to read as follows:

d. Building Area - Retail and Wholesale.

1. Any building the main use of which is retail business, wholesale business, or a combination of the two shall not exceed 66,000 square feet of footprint area.

Section 2. That Homer City Code Section 21.49.040 (GC1) is hereby amended to add d. to read as follows:

d. Building Area - Retail and Wholesale.

1. Any building the main use of which is retail business, wholesale business, or a combination of the two shall not exceed 66,000 square feet of footprint area.

Section 3. That Homer City Code Section 21.50.050 (GC2) is hereby amended to add c. to read as follows:

c. Building Area - Retail and Wholesale.

1. Any building the main use of which is retail business, wholesale business, or a combination of the two shall not exceed 66,000 square feet of footprint area.

Section 4. This ordinance is a general ordinance of a permanent nature and shall be included in the City Code.

Page Two

Ordinance 04-17

City of Homer

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA this ____ day of ___________________, 2004.

CITY OF HOMER

_____________________________

ATTEST: JACK CUSHING, MAYOR

MARY L CALHOUN, CMC, CITY CLERK

YES:

NO:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date:

Reviewed and Approved as to form and content:

__________________________ _________________________

Walt E. Wrede, City Manager Gordon J. Tans, City Attorney

Date: _______________ Date: _______________

MLC/mlc