CITY OF HOMER

HOMER, ALASKA

City Clerk

ORDINANCE 08-27(S)

 

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING THE HOMER CITY CODE SECTION 21.53.04021.30.040 TO ADD A SUBSECTION TO ADD THE BUILDING HEIGHT LIMITATION AT THIRTY-FIVE FEET.

 

            WHEREAS, On August 12, 2003 Ordinance 03-39 was enacted to add a maximum building height of thirty-five (35) feet to HCC 21.53 Marine Industrial; and

 

            WHEREAS, On April 14, 2004 Ordinance 04-11(A) was enacted, amending HCC 21.53 Marine Industrial; and

           

            WHEREAS, The June 2004 Homer City Code Supplement was prepared and inadvertently deleted the building height requirement as added per Ordinance 03-39; and

 

            WHEREAS, Following the date of introduction of this ordinance, Ordinance 08-29 Title 21 Rewrite was enacted, amending Homer City Code section numbers, thus requiring this subsequent amendment; and

 

            WHEREAS, The correction to the Homer City Code exceeds the City Clerk’s revisor authority and requires Council approval.

 

            NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

 

            Section 1.  Homer City Code Section 21.53.040 21.30.040 is hereby amended to read as follows:

 

21.53.040 Dimensional requirements. a. Lot Size. The minimum lot size shall be six thousand square (6,000) feet, subject to Borough and State size requirements for lack of sewer and/or water utilities.

            b. Setbacks.

                        1. Twenty (20) feet from all dedicated rights-of-way. Alleys are not subject to a 20 foot setback requirement. The setback requirements from any lot line abutting an alley will be determined by the dimensional requirements of subparagraph (2) below.

                        2. Buildings shall be set back five (5) feet from all other lot boundary lot lines unless adequate firewalls are provided and adequate access to the rear of the building is otherwise provided (e.g., alleyways) as defined by the State Fire Code and enforced by the State Fire Marshal.

            c. The maximum building height shall be thirty-five feet.

            c.d. No lot shall contain more than 8,000 square feet of building area, nor shall any lot contain building area in excess of 30% of the lot area without an approved conditional use permit.

            d.e. Building Area and Dimensions - Retail and Wholesale.

                        1. The total square feet floor area of retail and wholesale business uses within a single building shall not exceed 25,000 square feet.

                        2. In no event may a conditional use permit or variance 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).

            e.f. Sign Area. Sign Area shall include the area of any tenant-specific motifs or architectural devices including, but not limited to, roof forms, canopies, awnings, building color or finish, striping or color bars. The entire area of backlit awnings with translucent material shall be counted as a sign area. (Ord. 04-38(A) §9, 2004; Ord. 04-11(A) §7, 2004; Ord. 03-70(S), 2003; Ord. 03-39 §5, 2003; Ord. 03-25(S)(A), §5, 2003 (1); Ord. 82-21 §1(10), 1983; Ord. 82-15 §4(part), 1982).

 

21.30.040  Dimensional requirements.  a. Lot Size.  The minimum lot size is 6,000 square feet.

            b.         Setbacks.

                        1.         All buildings shall be set back 20 feet from all dedicated rights-of-way.  Alleys are not subject to a 20 foot setback requirement.  The setback requirements from any lot line abutting an alley will be determined by the dimensional requirements of subparagraph (2) below.

                        2.         Buildings shall be set back five feet from all other lot boundary lot lines unless adequate firewalls are provided and adequate access to the rear of the building is otherwise provided (e.g., alleyways) as defined by the State Fire Code and enforced by the State Fire Marshal.

            c.         Building Height.

                        1.         The maximum building height shall be thirty-five feet.

            c.d.        No lot shall contain more than 8,000 square feet of building area (all buildings combined), nor shall any lot contain building area in excess of 30 percent of the lot area without an approved conditional use permit.

            d.e.         Building Area and Dimensions ‑ Retail and Wholesale.

                        1.         The total square feet floor area of retail and wholesale business uses within a single building shall not exceed 25,000 square feet.

                        2.         In no event may a conditional use permit or variance be granted that would allow a building to exceed the limits of subparagraph (d)(1) and no nonconforming use or structure may be expanded in any manner that would increase its nonconformance with the limits of subparagraph (d)(1). 

 

            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 THE CITY OF HOMER, ALASKA, this _____ day of _______________________, 2008.

 

 

 

 

CITY OF HOMER

 


_____________________________
JAMES C. HORNADAY, MAYOR

ATTEST:

______________________________
JO JOHNSON, CMC, CITY CLERK

 

AYES:

NOES:

ABSTAIN:

ABSENT:

 

First Reading:

Public Reading:

Second Reading:

Effective Date:

 

 

Reviewed and approved as to form:

 

 

                                                                                                                                               
Walt Wrede, City Manager                                      Thomas F. Klinkner, City Attorney

 

Date: _______________________                      Date: _______________________