City Clerk

AN ORDINANCE OF THE CITY COUNCIL AUTHORIZING THE CITY CLERK TO MAKE REVISIONS TO ORDINANCE 04-11(A), PURSUANT TO HOMER CITY CODE 1.08.060, REVISOR AUTHORITY.

WHEREAS, The City Council adopted Ordinance 04-11(A) on April 12, 2004; and

WHEREAS, Homer City Code Section 1.08.060 states that the City Clerk is designated as the Revisor of Ordinances; and

WHEREAS, The Revisor, subject to review by the City Attorney, may edit and revise ordinances for consolidation in the City Code as follows, provided that such edits and revisions do not change the meaning or legislative intent of any ordinance; and

WHEREAS, The Revisor, during codification of Ordinance 04-11(A), advised the City Attorney and the City Manager of several manifest and quasi substantial revisions to Ordinance 04-11(A); and

WHEREAS, The Revisor, City Attorney, and City Manager agree that these revisions are necessary and that it is best for the Council to enact these revisions pursuant to HCC 1.08.060(c)(part), which states that the revisor shall make recommendations to the Council concerning deficiencies, conflicts or obsolete provisions in the Code.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. Amending Ordinance 04-11(A) pursuant to HCC 1.08.060 (c)(3), change capitalization for the purpose of uniformity, as follows:

The zoning district names appear in both first letter upper case and first letter lower case and are hereby converted to first letter upper case. Such as Central Business District.

Section 2. Amending Ordinance 04-11(A) pursuant to HCC 1.08.060(c)(7), correct manifest errors which are clerical, typographical, or errors in spelling, or errors by way of additions or omissions, as follows:

There was an obvious omission when reconstructing 21.61.060(b), confirmed by Beth McKibben, City Planner, for the ordinance - last part of the paragraph should have included "however, 60% or greater of uses must be uses that are permitted outright or conditional within zoning district which it is located." This is hereby add back into the Code and will read as follows:

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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; however, 60% or greater of uses must be uses that are permitted outright or conditional within zoning district which it is located.

The City Planner and Planning Commission noted the omission after Council adopted Ordinance. The other amendments were depicted in strike out and this was clearly an omission and not intended as an amendment.

Section 3. Amending Ordinance 04-11(A) pursuant to HCC 1.08.060(c)(7), correct manifest errors which are clerical, typographical, or errors in spelling, or errors by way of additions or omissions, as follows:

Some minor listing errors and/or discrepancies such as an (a) instead of an 'a.' or a '1.' instead of an 'a.' etcetera and are herein corrected.

Section 4. Amending Ordinance 04-11(A) pursuant to HCC 1.08.060(c)(9), Rearrange sections, combine sections or parts of sections, divide long sections into two or more sections, and rearrange the order of sections to conform to a logical arrangement of subject matter as may most generally be followed in the Code, as follows:

Under 21.32, Definitions: It is apparent that the Commission's intent was to have all of the definitions in alphabetical order. Some of the additions ended up out of sync. Buffer is shown as 094 and should be 060. Design Year should come before Detente. Sediment should come before Service Station. 21.32.039 Native vegetation should read 21.32.339 Native vegetation. There are several inconsistencies noted in the definition sections with regard to the use of "means" versus "is" and in some instances there is a dash (-) used after the word such as "Peak hour" - . These shall be corrected to reflect no dashes and use of the word "means" instead of "is". These are rearranged to maintain the numbering sequence as set by the Planning Commission and the sections with the definitions are hereby revised accordingly.

21.32.060 Building.

21.32.065 Building area.

21.32.072 Building construction.

21.32.080 Building height.

21.32.085 Building line, front.

21.32.090 Building, principal or main.

21.32.094 Buffers.

21.32.060 Buffers.

21.32.065 Building.

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City of Homer

21.32.072 Building area.

21.32.080 Building construction.

21.32.085 Building height.

21.32.090 Building line, front.

21.32.094 Building, principal or main

21.32.144 Detente.

21.32.145 Design Year.

21.32.144 Design Year.

21.32.145 Detente.

21.32.445 Service station.

21.32.447 Sediment.

21.32.445 Sediment.

21.32.447 Service station.

Section 5. Amending Ordinance 04-11(A) pursuant to HCC 1.08.060(c)(7), correct manifest errors which are clerical, typographical, or errors in spelling, or errors by way of additions or omissions, as follows:

In 21.49.040 the word "End" was left off of East Road, which is specifically designated/labeled/named as East End Road. This is hereby revised to read East End Road.

This was noted by the Beth McKibben, City Planner and the Planning Commissioner(s) after Council adopted Ordinance 04-11(A).

Section 6. Amending Ordinance 04-11(A) pursuant to HCC 1.08.060(c)(7), correct manifest errors which are clerical, typographical, or errors in spelling, or errors by way of additions or omissions, as follows:

There are several duplications of phrases, titles or words such as "shall not shall not" . These duplications are hereby eliminated.

Section 7. Amending Ordinance 04-11(A) pursuant to HCC 1.08.060(c)(7), correct manifest errors which are clerical, typographical, or errors in spelling, or errors by way of additions or omissions, as follows:

There are several versions of references that exist such as HCC 21. 61, HCC Chapter 21.61, chapter HCC 21.61. These are hereby changed to be uniform.

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

Section 9. The City Clerk is hereby authorized to make any other revisions and adjustments during the codification of Ordinance 04-11(A) so long as those revisions and adjustments are of like nature to those reflected in Sections 1 - 7 and that a report be made, to the City Council, of any such revisions or adjustments.

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA this 13th day of September, 2004.

CITY OF HOMER

_____________________________

JACK CUSHING, MAYOR

ATTEST:

MARY L CALHOUN, CMC, CITY CLERK

YES: 5

NO: 0

ABSTAIN: 0

ABSENT: 1

First Reading: August 9, 2004

Public Hearing: August 23, 2004

Second Reading: August 23rd postponed to September 13, 2004.

Effective Date: September 14, 2004

Reviewed and Approved as to form and content:

__________________________ _________________________

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

Date: _______________ Date: _______________

Fiscal Note: NA

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