CITY OF HOMER

HOMER, ALASKA

Novak/Yourkowski

ORDINANCE 05-12

AN ORDINANCE OF THE CITY COUNCIL Of HOMER, ALASKA AMENDING HOMER CITY CODE SECTIONS 21.49.040(E)(1) TO READ 35,000 SQUARE FEET AND 21.49.040(E)(3) TO READ 25,000 SQUARE FEET, AND 21.50.040(E)(1) TO READ 45,000 SQUARE FEET.

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, 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, It has been previously recognized by the Planning Department and Planning Commission that the impact on and the character of an area can be shaped using planning tools such as design standards and size limits for specific areas; and

WHEREAS, The Planning Department and Planning Commission has emphasized the use of these tools to develop a comprehensive plan for future development; and

WHEREAS, It is recognized that public input on future development in specific areas is desirable.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. Homer City Code Chapter 21.49, General Commercial One District, Subsections 21.49.040(e)(1) and (3) Building Area and Dimensions - Retail and Wholesale, shall be amended to read as follows:

e. Building Area and Dimensions - Retail and Wholesale.

1. In that area south of Beluga Lake, identified as the Ocean Drive GC1: The total square feet of floor area of retail and wholesale business uses within a single building shall not exceed35,000 66,000 square feet.

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Ordinance 05-12

City of Homer

2. In that area east of Alder Lane, identified as the East End Road GC1: the total square feet of floor area of retail and wholesale business uses within a single building shall not shall not exceed 66,000 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 exceed25,000 66,000 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).

5. 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 foot print area.

Section 2. Homer City Code Chapter 21.50, General Commercial Two District, Subsection 21.50.040(e)(1) Building Area and Dimensions - Retail and Wholesale, 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 exceed 45,000 66,000 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).

3. 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. 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 _________________, 2005.

CITY OF HOMER

__________________________

JAMES C. HORNADAY, MAYOR

ATTEST:

____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

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Ordinance 05-12

City of Homer

Introduction:

Public Hearing:

Second Reading:

Effective Date:

Ayes:

Noes:

Abstain:

Absent:

Reviewed and approved as to form and content:

___________________________ ___________________________

Walt E. Wrede City Manager Gordon Tans, City Attorney

Date Date

Fiscal Note: NA.