CITY OF HOMER

HOMER, ALASKA

                                                                                    City Manager/Planning

ORDINANCE 08-05(A)

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, AMENDING CHAPTER 21.32 BY ADDING A NEW SECTION ENTITLED CHAPTER 21.32.097, “BUSINESS, OPEN AIR.”

 

            WHEREAS, Homer City Code 21.49.020, General Commercial 1 (GC1) permitted uses include Open-Air Businesses; and

 

            WHEREAS, Homer City Code 21.32, Definitions, does not include a specific definition of Open-Air Business; and

 

            WHEREAS, The Homer Advisory Planning Commission held a public hearing on December 5, 2007; and

           

            NOW, THEREFORE, THE CITY OF HOMER ORDAINS: 

 

Section 1.  Homer City Code, Chapter 21.32. is hereby amended to add section 21.32.097 to read as follows:

 

21.32.097  Business, open air.  "Open air business" means the retail sale or display of merchandise or services, including but not limited to farmers markets and flea markets, conducted outdoors or under a canopy for protection from the elements and held on a regular or periodic basis.  Open air business does not include (1) outdoor display or sales of goods or services by a retail or wholesale business that is principally located in a building, (2) or sales, services or rentals of any kind of boat or motorized vehicle.

 

Section 2.  Nothing herein stated shall preclude a retail or wholesale business that is principally located in a building from participating in an open air business.

 

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 HOMER, ALASKA this 25th day of February, 2008.

 

 

                                                                                    CITY OF HOMER

 

                                                                                                                                                ___

                                                                                                JAMES HORNADAY, MAYOR

 

 

 

 

ATTEST:

 

 

                                                ______          

JO JOHNSON, CMC, CITY CLERK

 

AYES:

NOES:

ABSTAIN:

ABSENT:

 

First Reading:

Public Hearing:

Second Reading:

Effective Date:

 

 

Reviewed and approved as to form and content.

 

 

                                                                                                                                               

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

 

Date: ______________                                               Date: ________________

 

 

 

Fiscal Note:  N/A