CITY OF HOMER
HOMER, ALASKA
Planning
Commission
ORDINANCE
06-63(A)
AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA
AMENDING HOMER CITY CODE MARINE COMMERCIAL DISTRICT SECTIONS 21.52.020
PERMITTED USES AND STRUCTURES, 21.52.030 CONDITIONAL USES AND STRUCTURES, AND
21.52.040 DIMENSIONAL REQUIREMENTS.
WHEREAS, A stated objective of the Marine Land Use
section of the 1989 Comprehensive Plan is maintain a mix of land uses on the
Spit; and
WHEREAS, Another stated objective of the
Marine Land Use section of the 1989 Comprehensive Plan is to support Spit land
uses which encourage the visitor industry; and
WHEREAS, The 1999 Comprehensive Plan Update,
Homer Spit Plan’s stated goal is to manage the land and other resources of the
Spit to accommodate its natural processes, while allowing fishing tourism,
other marine related development, and open space/recreational uses; and
WHEREAS,
Mobile food services and itinerant merchants directly compete with established
businesses, which operate on a seasonal basis on the Homer Spit; and
WHEREAS, A large number of lots on the spit
were created that do not comply with the existing minimum lot size requirements
of the district; and
WHEREAS, These lots do not qualify for
nonconforming status; and
WHEREAS, These lots are developed or are
developable; and
WHEREAS, Allowing these lots to remain at
their current size is not detrimental to the public health, safety or welfare;
and
WHEREAS, Proposed amendments to the Marine
Commercial zoning district were provided to the Port and Harbor Commission in
June 2006; and
WHEREAS, The Homer Advisory Planning
Commission held numerous work sessions to discuss the proposed amendments; and
WHEREAS, The Homer Advisory Planning
Commission held a public hearing on the proposed amendment on October 26, 2006.
NOW THEREFORE, THE CITY OF HOMER ORDAINS:
Section 1. Homer City Code Section 21.52.020, Permitted
uses and structures is hereby amended by repealing subsections (h) through (j) in
entirety, reenacting
subsection (h) to read as follows and that subsections (a) through (g) remain
in effect as are currently codified:
h. Mobile food services; h. Mobile food
services;
i. Itinerant merchants; i. Itinerant
merchants;
j.h. j. Recreational vehicle parks,
provided they shall conform to the standards in HCC 21.61.090.
All
other portions of Section 21.52.030 are not affected by this amendment.
Section 2. Homer City Code Section
21.52.030, Conditional uses and structures, is amended to read as follows:
21.52.030 Conditional uses and structures. The following
uses are permitted in the marine commercial district when authorized in
accordance with HCC Chapter 21.61:
a. Restaurants and drinking establishments;
b. Cold-storage facilities;
c. Public utility facilities and structures;
d. Dredge and fill required for any use permitted outright;
e. Wholesale outlets for marine products;
f. Pipelines and railroads;
g. Heliports;
h. Other similar uses as determined by the Planning
Commission;
I h. Hotels and motels;
j i. More than one
building containing a permitted principal use on a lot;
k j. Planned unit
developments;
l k. Indoor recreational facilities such as skating rinks, equestrian
arenas or similar uses;
m l. Outdoor recreational facilities such as skating rinks, driving
ranges, batting cages, sports fields, equestrian arenas, open air performing
arts centers or similar uses;
m. Campgrounds;
n. Manufacturing,
processing, cooking, and packing of seafood products.
o. Other similar uses, as determined
by the Planning Commission, including but not limited to those uses authorized
in the Marine Industrial district under Sections 21.53.020 and 21.53.030,
provided the use meets the following standards:
1.
The proposed use is consistent with the purpose of the Marine Commercial
District,
2.
The proposed use is compatible with the land use development plan for
the Homer Spit and the Comprehensive Plan,
3.
Public facilities and services are adequate to serve the proposed use,
and
4.
On City owned-land that the City of Homer Port and Harbor Commission,
after a public hearing, makes a written
recommendation to the Homer Advisory Planning Commission concerning the
proposed use, including specifically whether conditions 1 through 3 of this
subsection are met by the proposed use.
Section 3. Homer City Code Subsection 21.52.040, Dimensional requirements,
subsections (a) and (b) are hereby amended to read as follows and subsection
(c) through (f) remain in effect as currently codified:
a. The minimum lot size is twenty thousand
(20,000) square feet, except for lots platted before (effective date of
ordinance here). The minimum
lot width is one hundred fifty (150), except for lots platted before
(effective date of ordinance here).
b. Buildings shall be setback twenty (20)
feet from all dedicated rights-of-way and ten (10) five (5)
feet from all other lot boundary lines.
Alleys are not subject to a 20-foot setback requirement.
Section 4. This Ordinance is of a permanent and general character, and shall be included in the City Code.
ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA this 11th day of December, 2006.
CITY OF HOMER
JAMES C. HORNADAY, MAYOR
ATTEST:
MARY L. CALHOUN, CMC, CITY CLERK
YES: 6
NO: 0
ABSTAIN: 0
ABSENT: 0
First Reading: November 27, 2006
Public Hearing: December 11, 2006
Second Reading: December 11, 2006
Effective Date: December 12, 2006
Reviewed and Approved as to form and content:
Walt E. Wrede, City Manager Gordon J. Tans, City Attorney
Date: ______________ Date: ________________
Fiscal Note: