CITY OF HOMER

HOMER, ALASKA

Novak

ORDINANCE 04-34



AN ORDINANCE OF THE CITY COUNCIL OF HOMER ALASKA AMENDING HOMER CITY CODE SECTION 21.48.040 (E) (1) TO READ 45,000 SQUARE FEET IN THE CBD, AND SECTION 21.49.040 (E) (2) TO READ 55,000 SQUARE FEET IN GC1 EAST END ROAD, AND SECTION 21.49.040 (E) (3) TO READ 25,000 SQUARE FEET IN GC1 SCENIC GATEWAY.

WHEREAS, The zoning powers of the City of Homer are granted to the City by the State of Alaska through the Kenai Peninsula Borough, and are subject to the laws of the State of Alaska codified in Title 29 Municipal Government; and

WHEREAS, All adjustments to the zoning code must follow the public process as defined by the State of Alaska; and

WHEREAS, The result of Homer's June 15th 2004 initiative election indicates that a large part of the voting population desires an increase in the current retail and wholesale size limits; and

WHEREAS, Zoning is a primary tool for planning and promoting growth. It is recognized that each zoning district offers different possibilities for growth. The character and development patterns within each zoning district can be in part defined by a maximum building size which is unique to that district. This facilitates planning for development to accommodate growth in the community; and

WHEREAS, In recognizing the Planning Commissions work and findings this ordinance is an attempt to find a middle ground weighing the impact of planning and recognizing public input.

NOW, THEREFORE, THE CITY OF HOMER HEREBY ORDAINS:

Section 1. Homer City Code Subsection 21.48.040(e)(1) shall be amended to read as follows:

e. Building Area and Dimensions - Retail and Wholesale.

1. The total square feet of floor area of retail and wholesale business uses within a single building shall not shall not exceed 45,000 square feet.

Section 2. Homer City Code Subsection 21.49.040(e) shall be amended to read as follows:

e. Building Area and Dimensions - Retail and Wholesale.

1. In that area south of Beluga, identified as the Ocean Drive GC1: The total square feet of floor area 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 of retail and wholesale business uses within a single building shall not shall not exceed 55,000 square feet.

3. In that area west of Baycrest Park, identified as Scenic Gateway GC1: the total square feet of floor area of retail and wholesale business uses within a single building shall not shall not exceed 25,000 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).

Section 3. 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 9th day of August, 2004.

CITY OF HOMER

__________________________

JACK CUSHING, MAYOR

ATTEST:

____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Fiscal Note: NA

Introduction: 06/28/04

Public Hearing: 07/26/04 and 08/09/04

Second Reading: 08/09/04

Effective Date: 08/10/04

Ayes: 5

Noes: 1

Abstain:0

Absent: 0

Reviewed and approved as to form and content:

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

Date Date

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