Scroll done for Ordinance 06-12(S)

CITY OF HOMER

HOMER, ALASKA
Stark

ORDINANCE 06-12

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE CHAPTER 21.48 CENTRAL BUSINESS DISTRICT (CBD) BY DELETING SOME ALLOWED USES.

WHEREAS, A proposal has been made to expand the CBD zoning district west along the Sterling Highway from the Homer Middle School to West Hill Road; and

WHEREAS the Homer City Council deems that because the 'entrance to Homer' character is such that certain uses presently allowed in the CBD zoning district are not compatible with the 'entrance to Homer'.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. Homer City Code (HCC) Chapter 21.48 is hereby amended to exclude the following uses from that area west of the westerly boundary of Homer Middle School and its southerly prolongation:

A. HCC 21.48.020 p Mobile Homes

B. HCC 21.48.020 r Ministorage

C. HCC 21.48.030 c Mobile Home Parks

Section 2. 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 _________________, 2006.

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 E. Wrede City Manager Gordon Tans, City Attorney

Date Date

CITY OF HOMER

HOMER, ALASKA

Stark

ORDINANCE 06-12(S)

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE CHAPTER 21.48 CENTRAL BUSINESS DISTRICT (CBD), TO ADD SECTIONS 21.48.021 PERMITTED USES AND STRUCTURES IN THE GATEWAY BUSINESS DISTRICT AND 21.48.031 CONDITIONAL USES AND STRUCTURES IN THE GATEWAY BUSINESS DISTRICT.

WHEREAS, The City Planner, via Staff Report PL 06-33, submitted some suggestions regarding amendments to the permitted uses and structures of Ordinance 06-12; and

WHEREAS, Ordinance 06-20(A) specifically addresses Amending Homer City Zoning Map to Rezone to a Gateway Business District (A Sub District of the Central Business District) Portions of Rural Residential (RR) and Portions of Urban Residential (UR) Zoning Districts Fronting on the Sterling Highway West Hill Area to the South West Boundary of the Central Business District (CBD); and

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. Homer City Code (HCC) Chapter 21.48 Central Business District (CBD) is hereby amended to add a new section 21.48.21, Permitted Uses and Structures in the Gateway Business District (A Sub District of the Central Business District) , to read as follows:

21.48.021 Permitted uses and structures in the Gateway Business District. The following uses are permitted outright in the Gateway Business District (A Sub District of the Central Business District) , except when such use requires a conditional use permit by reason of size, traffic volumes, or other reasons set forth in this chapter:

a. Personal service establishments that perform services on the premises, such as barber or beauty shops, shoe repair shops, photograph, and quick-print establishments;

b. Offices for professional services, such as offices of doctors, dentists, osteopaths, architects, engineers, lawyers, chiropractors, veterinarians, and other similar or allied professions;

c. Administrative offices in which personnel are employed in the following fields: executive, administrative clerical, insurance, real estate, and similar enterprises, both public and private;

d. Restaurants, clubs and drinking establishments which provide food or drink for consumption on the premises;

e. Hotels and motels;

f. Single family, duplex, and multiple family dwellings;

g. Parks;

h. Financial institutions;

i. Mobile commercial structures on a temporary basis for maximum of one year during construction of a permanent structure;

j. Customary accessory uses to any of the permitted uses listed in the CBD district, provide that:

1. A separate permit shall not be issued for the construction of any type of accessory building prior to that of the main building;

2. Any attached or detached accessory building shall maintain the same yards and setbacks as the principal use;

k. Home occupations, provided they conform to the standards in HCC 21.44.020(f);

l. Apartment units located in buildings primarily devoted to commercial uses;

m. Churches;

n. Entertainment establishments, such as theaters and auditoriums;

o. Educational institutions, such as schools, museums and libraries;

p. Art, dance, music and radio studios;

q. Recreational vehicle parks may be located south of the Sterling Highway (Homer Bypass) from Lake Street west to Webber Subdivision, and from Heath Street to the west side of Lakeside Village Subdivision, provided they shall conform to the standards in HCC 21.61.090;

r. Temporary storage of commercial equipment being used in conjunction with a specific construction project for the duration of that project only;

s. Mobile commercial structures on a temporary basis during construction of a new permanent structure will be allowed for the duration of the project only;

t. Mobile food services;

u. Itinerant merchants, provided all activities shall be limited to uses permitted outright under this zoning district;

w. Day care homes and facilities; provided, however, that play areas will be fenced;

x. Rooming houses.

y. Farmers market

Section 2. Homer City Code (HCC) Chapter 21.48 Central Business District (CBD) is hereby amended to add a new section 21.48.31, Conditional Uses and Structures in the Gateway Business District (A Sub District of the Central Business District) , to read as follows:

21.48.031 Conditional uses and structures Gateway Business District (A Sub District of the Central Business District). The following uses are permitted Gateway Business District (A Sub District of the Central Business District) when authorized in accordance with HCC Chapter 21.61:

a. Planned unit developments;

b. Public utility facilities and structures;

c. More than one building containing a permitted principal use on a lot.

d. Group care homes.

e. Other uses, similar to and not more objectionable than permitted uses listed for this district, as determined by the Commission, provided such uses are not permitted or conditionally permitted in other districts;

f. Outdoor recreational facilities such as skating rinks, miniature golf courses, open air performing arts centers or similar uses.

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 _________________, 2006.

CITY OF HOMER

__________________________

JAMES C. HORNADAY, MAYOR

ATTEST:

____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Introduction: