CITY OF HOMER

HOMER, ALASKA

Heimbuch

ORDINANCE 05-63

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA AMENDING HOMER CITY CODE SUB SECTION 21.42.030(A), UNDER ZONING PERMIT ISSUANCE AND DENIAL TO ELIMINATE CORPS OF ENGINEERS PERMITS AS A CONDITION FOR ISSUING A ZONING PERMIT.

WHEREAS, The city has significant interest in preserving high value wetlands for public benefit; and

WHEREAS, The determination of wetland status and suitable development thereon is not under the control of the city; and

WHEREAS, The city recognizes the need for practical and timely determinations of suitable development on lower value wetlands; and

WHEREAS, The city recognizes the subjective nature of wetlands determinations and allowable development thereon; and

WHEREAS, The city has no compelling interest in being party to lengthy federal agency determinations prior to issuing zoning permits on lower value wetlands.

NOW THEREFORE, the City of Homer Ordains:

Section 1. The Homer City Code Sub Section 21.42.030(a), Permit Issuance and Denial is hereby amended to read as follows:

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. Any application for development on high value wetlands shall additionally require a federal corps of engineers approval. Applicants will be given a copy of the current applicable wetlands map and strongly advised in writing to contact the Corps of Engineers regarding any wetlands development. The Planning Director may also refer the application to other City officials for review and approval for compliance with applicable City Code. If the application meets all of the requirements, the Planning Director will issue a written zoning permit.

Section 2. This ordinance is of a permanent and general character and shall be included in the Homer City Code.

PASSED AND ENACTED by the Homer City Council this _______ day of ________, 2005.

Page Two

Ordinance 05-63

City of Homer

CITY OF HOMER

JAMES C. HORNADAY, MAYOR

ATTEST

MARY L. CALHOUN. CMC, CITY CLERK

Introduction:

Public Hearing:

Second Reading:

Effective Date:

Ayes:

Noes:

Abstain:

Absent:

Reviewed and approved as to form and content:

Walt Wrede, City Manager Gordon Tans, City Attorney

Date: Date:

Fiscal Note: Filing fee to cover most of the associated administrative costs.