Title 21
ZONING AND PLANNING
ARTICLE 1
General
Chapter 21.01
TITLE AND PURPOSE
21.01.010 Title. a. Title 21 of the Homer City Code Ordinances shall be known and cited as the “Homer Zoning Code,” and may be referred to hereinafter as the "zoning code" or "this title."
21.01.020 Scope. a. The Homer Zoning Code is applicable to all lands within the municipal boundaries of the City of Homer.
b. HCC Chapter 21.40 is further applicable to certain lands outside the municipal boundaries, as provided in that chapter.
21.01.030 Purpose. The Homer Zoning Code is adopted as one means of implementing of the general goals and policies of the Homer Comprehensive Plan. Its purpose is to enhance the public health, safety and welfare through land use regulations to:
a. Designate, regulate and restrict the location and use of buildings, structures and land;
b. Regulate the height, number of stories, and size of buildings and other characteristics of structures;
c. Regulate and determine the size of yards and other open spaces;
d. Regulate and limit the density of population;
e. Conserve and stabilize the value of property;
f. Provide adequate open spaces for light and air; and to prevent and fight fires;
g. Prevent undue concentration of population;
h. Lessen congestion on streets and highways;
i. Preserve and enhance the aesthetic environment of the community;
j. Promote health, safety and general welfare.
COMPREHENSIVE PLAN
21.02.010 Comprehensive Plan--Adoption. a. A comprehensive plan is a public declaration of policy statements, goals, standards and maps for guiding the physical, social and economic development, both private and public, of the City. As provided in Kenai Peninsula Borough Code of Ordinances § 21.01.025, from time to time the City Council shall recommend to the Kenai Peninsula Borough for adoption a Homer Comprehensive Plan and amendments to that plan.
b. The following documents, as initially approved and subsequently amended, are adopted by reference as comprising the Homer Comprehensive Plan.
1. Homer Comprehensive Plan (1990)
2. Homer Comprehensive Plan Update (1999)
3. Homer Master Roads and Streets Plan (1986)
c. As
required by the Kenai Peninsula Borough Code of Ordinances, each of the
component parts of the Homer Comprehensive Plan identified in subsection (b)
have been adopted by the Kenai Peninsula Borough, except land use plan
amendments that were adopted the City, only, as provided in HCC
§ 21.02.020.
21.02.020 Land Use Plan--Amendments. a. One element of the Homer Comprehensive Plan is a land use plan comprised of one or more component parts. The City accepts delegated authority to make amendments to its land use plan as authorized by § 21.01.025 of the Kenai Peninsula Borough Code of Ordinances.
b. The Borough Planning Commission shall be notified in writing of all proposed and adopted amendments to the City’s land use plan. All amendments to the Homer land use plan shall be made by an ordinance of the City Council after a public hearing on the proposed amendments.
Chapter 21.03
DEFINITIONS AND RULES OF CONSTRUCTION
21.03.010 Tense, number, and gender. As used in this title, when not inconsistent with the context, the present tense includes the future; the singular number includes the plural and the plural includes the singular; and words of any gender may, when the sense so indicates, refer to any other gender.
21.03.020 Words and phrases. As used in this title,
a. Words and phrases shall be construed according to the rules of grammar and, if not defined in Title 1 or this title, according to their common and approved usage.
b. Except where the context indicates otherwise, the term "shall" is mandatory.
c. When the words "include" or "including" or "such as" are used, they shall be construed as though followed by the phrase "but not limited to" unless the context clearly indicates the contrary.
21.03.030 Rules of construction.
In this title, unless otherwise provided,
when an overlay district regulation is in irreconcilable conflict with a
regulation of the underlying zoning district(s), the overlay district regulation
supersedes the conflicting underlying zoning district regulation.
21.03.040 Definitions used in zoning code. As used in this title, the words and phrases defined in this section shall have the meaning stated, except where (1) the context clearly indicates a different meaning or (2) a special definition is given for particular chapters or sections of the zoning code.
"Abut" means to
touch by sharing a common boundary at one or more points. Two adjacent lots separated by a road right-of-way
do not abut.
“Accessory use” means a use or activity that is customary to the principal use on the same lot, and which is subordinate and clearly incidental to the principal use.
"Accessory
building" means an incidental and subordinate building customarily
incidental to and located on the same lot occupied by the principal use or
building, such as a detached garage incidental to a residential building.
"ADT" or "average daily traffic"
means the estimated number of vehicles traveling over a given road segment
during one 24 hour day. ADT is usually obtained
by sampling and may be seasonally adjusted.
“Adverse impact” means a condition that creates, imposes, aggravates or leads to inadequate, impractical, detrimental, unsafe, or unhealthy conditions on a site proposed for development or on off-site property or facilities.
"Aggrieved." See "person aggrieved."
"Agricultural
activity" shall mean farming, including plowing, tillage, fertilizing,
cropping, irrigating, seeding, cultivating or harvesting for the production of
food and fiber products (excluding commercial logging and timber harvesting
operations); the grazing or raising of livestock (excluding feedlots);
aquaculture; sod production; orchards; Christmas tree plantations; nurseries;
and the cultivation of products as part of a recognized commercial enterprise. "Agricultural activity" excludes
private stables and public stables.
“Agricultural building” means a building used to shelter farm implements, hay, grain, poultry, livestock, horticulture, or other farm products, in which there is no human habitation and which is not used by the public.
“Alley” means a public thoroughfare, less than thirty feet in width, that affords only a secondary means of access to abutting property.
“Alteration” means any change, addition or modification in construction, occupancy or use.
"Animal
unit equivalent" is a convenient denominator for use in calculating
relative grazing impact of different kinds and classes of domestic livestock. An animal unit (AU) is generally one mature
cow of approximately 1,000 pounds and a calf as old as six months of age, or
their equivalent. Animal unit
equivalents vary according to kind and size of animals.
The following table of AU equivalents
applies to the Homer Zoning Code.
Kinds and classes of animals Animal-unit
equivalent
Slaughter/feed cattle 1.00
Mature dairy cattle 1.40
Young dairy cattle 0.60
Horse, mature 2.00
Sheep, mature 0.20
Lamb, one year of age 0.15
Goat, mature 0.15
Kid, one year of age 0.10
Exotic species (e.g.,
llamas, alpaca, reindeer, musk ox, bison and elk) and unlisted species require application
to the Planning Commission for determination of AU equivalents.
“Apartment house.” See “dwelling, multiple.”
"Area, building" means the total area, taken on a horizontal plane at the main grade level, of a building, exclusive of steps.
"Area, floor" means the total area of all floors of a building as measured to the outside surfaces of exterior walls, including attached garages, porches, balconies, and other structures when covered by a roof.
"Area, footprint" has the same meaning as "area, building."
"Area, lot" means the total horizontal net area within the boundary lines of a lot, exclusive of rights-of-way for streets and alleys.
"Area ratio, floor" or "floor area ratio" means the ratio of floor area of all buildings on a lot to the area of the lot.
"Assisted living home" has the meaning given in AS 47.32.900.
"Auto repair" means service and repair of motor vehicles, trailers and similar mechanical equipment, including painting, upholstering, rebuilding, reconditioning, body and fender work, frame straightening, undercoating, engine or transmission rebuilding or replacement, tire retreading or recapping, and the like. It also includes minor service work to automobiles or light trucks including tune up, lubrication, alignment, fuel system, brakes, mufflers, and replacement of small items.
"Auto fueling station" means any premises used to sell motor fuels and lubrication to motor vehicles. An auto fueling station may include the sale of minor accessories. Auto fueling station does not include auto repair.
"Auto and trailer sales or rental area" means an automobile related use that may consist of any combination of the following:
a. An open, outdoor display area for automobiles, light trucks or trailers for rent, lease or sale;
b. Buildings for the indoor display and sale or leasing of automobiles, light trucks or trailers, and sale of parts and accessories customarily incidental to the sale of such vehicles; and
c. Buildings at the location of a motor
vehicle dealership used for auto repairs customarily incidental to the operation
of a dealership.
“Basement” means any floor level partly or wholly underground, except when such floor level meets the definition of "story."
"Bed and breakfast" means a dwelling in which an individual or family resides and rents bedrooms in the dwelling to overnight guests, if the bed and breakfast use is accessory to the principal use of the dwelling as the primary residence of the operator. If the dwelling has six or more bedrooms available for rental to overnight guests it is a hotel and not a bed and breakfast.
"BCWP
District" means the "Bridge Creek Watershed Protection
District" described in HCC Chapter 21.40.
“Boat storage yard” means a lot used for the indoor or outdoor commercial dry storage of boats.
"Bridge
Creek Watershed" means the watershed contributing to the City's reservoir
at Bridge Creek.
“Buffer” means an open space, landscaped area, fence, wall, berm, or any combination thereof used to physically separate or screen one use or property from another so as to shield or block visibility, noise, lights, or other undesirable effects.
"Buffer,
runoff" means an area of natural
or planted vegetation through which storm water runoff flows in a diffuse
manner so that the runoff does not become channelized and that provides for
infiltration of the runoff and filtering of silt and pollutants. The buffer is measured landward from the
normal full water elevation of impounded structures and from the top of the
bank of each side of a stream, river, ditch, or other channel.
"Buffer,
stream" means a runoff buffer of a designated distance on each side of
a channel measured perpendicularly from the top of the bank of each side of a
stream, river, ditch, or other channel.
“Building” means any structure used or intended for supporting or sheltering any use or occupancy.
“Building construction” means the placing of construction materials in a permanent position and fastened in a permanent manner in the course of constructing or erecting a building.
“Building height” is the vertical distance from grade to the maximum point of measurement of the building, measured according to HCC § 21.05.030.
"Building,
main" means the building of
chief importance or function on the lot.
"Business, open air"
or "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.
"Business,
retail" means a place of business principally engaged in selling
goods, substances or commodities in small quantities to the ultimate consumer,
and may include rendering services incidental to the sale of such goods,
substances or commodities. The term
"retail business" does not include, as either a principal or
accessory use, automobile oriented uses, the sale, rental, storage, service, or
repair of any motor vehicles, or any use separately defined or listed in any zoning
district.
"Business, wholesale" or "wholesale" means a place of business principally engaged in selling or distributing goods, substances or commodities in quantity to retailers or to industrial, commercial or institutional users mainly for resale or business use.
“Campground” means a parcel of land where two or more campsites are located that provides facilities for temporary recreational living in any manner other than a permanent building.
“Cemetery” means land used or intended to be used for burial of the dead and dedicated for cemetery purposes, including columbaria and mausoleums when operated in conjunction with and within the boundary of such cemetery.
"Channel protection storage volume" or "Cpv" means the volume used to design structural management practices to control stream channel erosion.
"Church." See "religious, cultural, and fraternal activity."
"City
Engineer” means an engineer within the Homer Department of Public Works
designated by the Director of Public Works.
“Clearing” means the removal of trees and brush from the land, but shall not include the ordinary pruning of trees or shrubs or mowing of grass.
“Clinic” means a professional office with facilities for providing outpatient medical, dental or psychiatric services, which may include as incidental to the principal use a dispensary to handle medication and other merchandise prescribed by occupants in the course of their professional practices.
"Coalescing plate separators" or "CPS" are oil/water separators that employ a series of oil-attracting plates. Oil droplets collect and float to the surface, where they can be skimmed off or removed mechanically and may be installed above or below ground.
"Cold storage" means
a building equipped with refrigeration or freezing facilities that provides cold
or frozen storage or freezing services.
“Commercial vehicle” means any motor vehicle defined in AS 28.40.100 as a commercial motor vehicle or any motor vehicle with signs or logos exceeding nine square feet in combined area.
“Commission” means the Homer Advisory Planning Commission.
"Community
Design Manual" means the Community Design Manual for the City of
Homer, adopted by City Council Resolution 04-34, as may be amended from
time-to-time.
“Comprehensive plan.” See HCC § 21.02.010.
“Construction camp” means one or more buildings, trailers, mobile homes or similar structures used to house workers or employees for logging, mining, off-shore and on-shore construction, development and other projects, installed primarily for the duration of the project or operation and not open for use by the general public as accommodations or for permanent mobile home living.
"Date
of distribution" means the date on which a city official mails a
written decision or order issued under the zoning code or, if the document is
personally delivered, the date of such personal delivery.
“Day
care facility” means any establishment for the care of children, whether or
not for compensation, excluding day care homes and schools. Such day care facility must also be duly
licensed by the State, if so required by State law or regulation.
"Day care home” means the principal dwelling unit of one or more persons who regularly provide(s) care , in the dwelling unit, whether or not for compensation, during any part of the 24-hour day, to eight or less children at any one time, not including adult members of the family residing in the dwelling. The term “day care home” is not intended to include baby-sitting services of a casual, nonrecurring nature, child care provided in the child’s own home, or cooperative, reciprocating child care by a group of parents in their respective dwellings.
"Department"
or "planning department" means the department or division of the City of Homer under the
direction of the City Planner, whose functions and powers include the
administration and enforcement of the zoning code as described in HCC Chapter
21.90.
“Design year” means the year that is ten years after the opening date of development.
“Detention, extended” means a stormwater design feature that provides gradual release of a volume of water in order to increase settling of pollutants and protect downstream channels from frequent storm events.
“Detention structure” means a permanent structure for the temporary storage of water runoff that is designed so as not to create a permanent pool of water.
"Develop" or "development activity" means to construct or alter a structure or to make a physical change to the land, including but not limited to excavations, grading, fills, road construction, and installation of utilities.
"Development" means all manmade changes or improvements on a site, including buildings, other structures, parking and loading areas, landscaping, paved or graveled areas, and areas devoted to exterior display, storage, or activities. Development includes improved open areas such as public spaces, plazas and walkways, but does not include natural geologic forms or unimproved land. See also "project".
"Development,
new” means development on a site that was previously unimproved or that has
had previously existing buildings demolished.
“Development activity plan” or "DAP" means a plan, prepared according to standards set forth in this title, that provides for the control of stormwater discharges, the control of total suspended solids, and the control of other pollutants carried in runoff during construction and the use of the development.
“Direct discharge” means the concentrated release of stormwater to tidal waters or vegetated tidal wetlands from new development or redevelopment projects in Critical Habitat Areas.
“Dividers” means areas of landscaping that separate from each other structures or improvements, including parking lots or buildings.
“Dog lot” means any outdoor area where more than six dogs over the age of five months are kept.
"Dormitory” means a
building or portion of a building that provides one or more rooms used for residential living purposes by a number of
individuals that are rented or hired out for more than nominal consideration on
a greater than weekly or pre-arranged basis. A building or structure that
provides such rooms on less than a weekly basis shall be classified as a
“hotel” or “motel,” “rooming house,” or other more suitable classification.
“Dormitory” excludes hotel, motel, shelter for the homeless and bed and
breakfast.
"Drainage area” means that area contributing water runoff to a single point measured in a horizontal plane, which is enclosed by a ridge line.
“Dredging/filling” means an activity that involves excavating along the bottom of a water body for the purpose of channeling, creating a harbor, mineral extraction, etc., and the subsequent deposition of the dredge material to build up or expand an existing land mass or to create a new one.
"Drip line" means the outer most edge of foliage on trees, shrubs, or hedges projected to the ground.
"Drive-in car wash" means automated or manual car wash facilities and equipment used for retail car wash services enclosed within a building, which may include accessory vacuum cleaning and other equipment for car interior detailing outside of a building.
“Dwelling” or “dwelling unit” means any building or portion thereof designed or arranged for residential occupancy by not more than one family and includes facilities for sleeping, cooking and sanitation.
“Dwelling, duplex” means a building designed or arranged for residential occupancy by two families living independently, the structure having only two dwelling units.
“Dwelling, factory built” means a structure containing one or more dwelling units that is built off-site, other than a manufactured home, and: (1) is designed only for erection or installation on a site-built permanent foundation; (2) is not designed to be moved once so erected or installed; and (3) is designed and manufactured to comply with a nationally recognized model building code or an equivalent local code, or with a state or local modular building code recognized as generally equivalent to building codes for site-built housing.
“Dwelling, multiple-family” means a building or a portion thereof designed for residential occupancy by three or more families living independently in separate dwelling units.
“Dwelling, single family” means a detached dwelling unit designed for residential occupancy by one family.
“Easement” means a grant or reservation by the owner of an interest in land for the use of such land for a specific purpose or purposes, and which must be conveyed or reserved by an instrument affecting the land.
"Educational
institution." See schools.
“Entertainment establishment” means a public or private institution or place of business providing live or pre-recorded shows or performances for entertainment.
“Extractive enterprises” means uses and activities that involve the removal of ores, liquids, gases, minerals, or other materials or substances from the earth’s surface or subsurface.
“Extreme flood volume" or "Qf” means the storage volume required to control those infrequent but large storm events in which overbank flows reach or exceed the boundaries of the 100-year flood plain.
“Family” means an individual or two or more persons related by blood, marriage or adoption, or a group not to exceed six unrelated persons living together as a single housekeeping unit in a dwelling unit.
"Farmers' market" means a location where the primary activity is the sale of goods:
a. Grown upon the land that the seller controls, in the case of fruits, nuts, vegetables, other plant products, or other processed agricultural products;
b. Bred, raised, cultivated or collected by the seller, in the case of animal, poultry, viticulture, vermiculture, aquaculture, eggs, honey and bee products;
c. Cooked, canned, preserved, or otherwise significantly treated by the seller, in the case of prepared foods; or
d. Created, sewn, constructed, or otherwise fashioned from component materials by the seller.
"Fence height." See HCC § 21.05.030(d).
"Financial institution" means
banks, credit unions, saving and loan companies, stock brokers, and similar
businesses.
“Flow attenuation” means prolonging the flow time of
runoff to reduce the peak discharge.
“Garage, private” means a building, or a portion of a building, in which motor vehicles used only by the occupants of the building(s) located on the premises are stored or kept.
"Garage, public." See Auto Repair.
“Garage, parking” means any building (including an underground structure), except one described as a private garage, used principally for the parking or storage of motor vehicles.
"Gardening,
personal use" means gardening for personal purposes as an accessory
use to the primary residential use of a lot.
“Glare” means direct light emitted by a luminaire that causes reduced visibility of objects or momentary blindness.
"Grade"
in reference to adjacent ground elevation means the lowest point of elevation
of the existing surface of the ground within the area between the structure and
a line five feet from the structure.
“Grading” means any act by which soil is cleared, stripped, stockpiled, excavated, scarified, or filled, or any combination thereof.
“Group
care home” means a residential facility that provides training, care,
supervision, treatment or rehabilitation to the aged, disabled, infirm, those
convicted of crimes or those suffering the effects of drugs or alcohol. The term “group care home” does not include
day-care homes, day care facilities, foster homes, schools, hospitals, assisted
living homes, nursing facilities, jails or prisons.
“Guesthouse” means an accessory building without kitchen or cooking facilities and occupied solely by nonpaying guests or by persons employed on the premises.
“Heliports” means any place including airports, fields, rooftops, etc., where helicopters regularly land and take off, and where helicopters may be serviced or stored.
"Highway."
See streets and state highway.
“Home occupation” means any use customarily conducted entirely within a dwelling or a building accessory to a dwelling, and carried on by the dwelling occupants, that is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and includes no display of stock in trade, no outside storage of materials or equipment and no commodity sold upon the premises. "Home occupation" does not include bed and breakfast.
“Hotel” or “motel” means any building or group of buildings containing six or more guest rooms that are used, rented or hired out to be occupied for sleeping purposes by guests. “Hotel” or “motel” also means any building or group of buildings containing five or less guest rooms that are used, rented or hired out to be occupied for sleeping purposes by more than fifteen guests. The terms “hotel” and “motel” exclude bed and breakfast, rooming house, dormitory, shelter for the homeless, and hostel.
"Hostel" means any
building or portion of a building containing dormitory-style sleeping accommodations
for not more than fifteen guests that that are used, rented or hired out on a
daily or longer basis.
“Impervious
Coverage" means an area of ground that, by reason of its physical
characteristics or the characteristics of materials covering it, does not
absorb rain or surface water. All
parking areas, driveways, roads, sidewalks and walkways, whether paved or not,
and any areas covered by buildings or structures, concrete, asphalt, brick, stone,
wood, ceramic tile or metal shall be considered to be or have impervious
coverage.
“Impound yard” means a lot, establishment, area, facility or place of business used for the temporary custody of abandoned or junk vehicles, as defined in §18.20.010 of the Homer City Code, or other abandoned or illegally stored personal property pending determination of possessory or proprietary rights therein. If impounded property is held in custody longer than six months, it shall be classified as a junk yard and not an impound yard.
“Independent business” means a business establishment that operates independently of other business establishments. If retail and wholesale business establishments have common management or common controlling ownership interests, they are not operated independently of one another.
“Infiltration” means the passage or movement of water into the soil surface.
“Islands” when used to describe landscaped areas within parking lots, means compact areas of landscaping within parking lots designed to support mature trees and plants.
“Itinerant merchant” means a "transient or itinerant merchant" as defined in HCC 8.08.010.
“Junk” means any worn out, wrecked, scrapped, partially or fully dismantled, discarded, or damaged goods or tangible materials. Junk includes, without limitation, motor vehicles that are inoperable or not currently registered for operation under the laws of the State and machinery, equipment, boats, airplanes, metal, rags, rubber, paper, plastics, chemicals, and building materials that cannot, without further alteration or reconditioning, be used for their original purpose.
“Junkyard” means any lot, or portion of a lot, that is used for the purpose of outdoor collection, storage, handling, sorting, processing, dismantling, wrecking, keeping, salvage or sale of junk.
“Kennel” means any land and any buildings thereon where three or more dogs, cats, or other animals at least four months of age are kept for boarding, propagation or sale. If a use meets the definitions of both dog lot and kennel, it shall be classified as a dog lot.
“Landscaping” means lawns, trees, plants and other natural materials, such as rock and wood chips, and decorative features, including sculpture.
“Level of service" or "LOS” means a qualitative measure describing operational conditions within a traffic stream, based on service measures such as speed and travel time, freedom to maneuver, traffic interruptions, comfort, and convenience. Six levels of service, from A to F, are used to represent a range of operating conditions with LOS A representing the best operating conditions and LOS F the worst.
"LOS A" means the LOS at which vehicles are almost completely unimpeded in their ability to maneuver within the traffic stream, passing demand is well below passing capacity, drivers are delayed no more than 30 percent of the time by slow moving vehicles.
"LOS B" means the LOS at which the ability to maneuver a vehicle is only slightly restricted; passing demand approximately equals passing capacity, and drivers are delayed up to 45 percent of the time; the level of physical and psychological comfort provided to drivers is still high.
"LOS C" means the LOS at which the ability to maneuver a vehicle is noticeably restricted and lane changes require more care and vigilance on the part of the driver; percent time delays are up to 60 percent; traffic will begin to back‑up behind slow moving vehicles.
"LOS D" means the LOS at which speeds begin to decline with increasing traffic flow, density begins to increase somewhat more quickly, passing demand is very high while passing capacity approaches zero, and the driver experiences reduced physical and psychological comfort levels; the percentage of time motorists are delayed approaches 75 percent, even minor incidents can be expected to back‑up traffic because the traffic stream has little space to absorb disruptions.
"LOS E" means the LOA at which roadway is at capacity; the percentage of time delay is greater than 75 percent, passing is virtually impossible, as there are virtually no usable gaps in the traffic stream; vehicles are closely spaced, leaving little room to maneuver, physical and psychological comfort afforded to the driver is poor.
"LOS F" means the LOA at which traffic is heavily congested with traffic demand exceeds traffic capacity, there is a breakdown in vehicular flow, and vehicle delay is high.
“Light trespass” means light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located.
“Living ground cover” means low growing, spreading, perennial plants that provide continuous coverage of the area.
“Living plant life other than ground cover” means plants, including but not limited to, trees, flower beds, rock gardens, shrubs and hedges.
“Loading space” means an off-street space on the same lot with a building or contiguous to a group of buildings, designated or intended for the use of temporarily parked commercial vehicles while loading and unloading, and that abuts upon a street, alley or other appropriate means of access.
"LOS." See level of service.
“Lot” means a single parcel of land of any size, the boundaries of which have been established by some legal instrument of record, that is recognized and described as a unit for the purpose of transfer of ownership. It may shown on a subdivision plat map, or record of survey map, or described by metes and bounds and recorded in the office of the District Recorder. "Lot" includes tracts and parcels of land of any size or shape.
“Lot, corner” means a lot situated at the intersection of two or more streets having an angle of intersection of not more than one hundred thirty-five decrees.
“Lot depth” means the horizontal distance between the front and rear lot lines measured on the longitudinal centerline.
“Lot, interior” means a lot other than a corner lot.
"Lot line, front" means the shortest lot line that is a street line. In the case of (i) a square, or nearly square-shaped corner lot, or (ii) a through lot, the owner may choose which street to designate as the front of the lot by giving written notice to the department. Once the choice of frontage has been made, it cannot be changed unless all requirements for yard space with the new front lot line are satisfied.
“Lot line, rear" means a lot line that is opposite and most distant from the front lot line and in case of an irregular or triangular lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
“Lot line, side" means any lot boundary line that is not a front lot line or rear lot line.
"Lot, through” means a lot having a
frontage on two parallel or approximately parallel streets.
“Lot width” means the width of a lot calculated according to section 21.05.050.
“Luminaire” means a complete lighting unit, including a lamp or lamps together with parts to distribute light.
“Luminaire, cut-off” means a luminaire that allows no direct light from the luminaire above the horizontal plane through the luminaire’s lowest light emitting part, in its mounted form either through manufacturing design or shielding.
“Luminaire, height of” means the vertical distance from the ground directly below the centerline of the luminaire to the lowest direct light emitting part of the luminaire.
“Ministorage” means one or more buildings containing units available for rent for the purpose of the general storage of household goods and personal property in which each unit is (i) separated from all other such units, (ii) is fully enclosed, and (iii) does not have an area greater than six hundred square feet.
"Mitigation
plan” means a plan designed to mitigate the effect of impervious cover on
water flow and loss of ground cover, and may include systems of water
impoundment, settling ponds, grease and sand traps, and leach fields among
others.
“Mobile commercial structure” means a structure constructed as a movable or portable unit, capable of being transported on its own chassis or wheels, that is designed for nonpermanent uses and placed on a nonpermanent foundation and is used in any activity that promotes, supports or involves a land use permitted outright in the zoning district in which the mobile commercial unit is to be placed.
“Mobile food service” has the meaning defined in HCC 8.11.020 and, for purposes of the zoning code, is treated as a temporary business.
“Mobile home” or “manufactured home” means a structure, transportable in one or more sections: (1) that in the traveling mode is 8 feet or more in width or 40 feet or more in length, or when erected on site is 320 square feet or more; and (2) that is built on a permanent chassis and is designed for use as a dwelling with or without a permanent foundation when the plumbing, heating, and electrical systems contained therein are connected to the required utilities. A mobile home shall be construed to remain a mobile home whether or not wheels, axles, hitch or other appurtenances of mobility are removed, and regardless of the nature of the foundation provided. A mobile home shall not be construed to be a recreational vehicle or a factory built dwelling.
“Mobile home park” means one or more lots developed and operated as a unit with individual sites and facilities to accommodate two or more mobile homes.
“Native vegetation” means native plant communities that are undisturbed or mimicked.
“Natural or man-made features” means features in landscaping other than plants, including but not limited to, boulders, or planters.
“Nonconforming lot.” See HCC § 21.61.010.
“Nonconforming structure.” See HCC § 21.61.010.
“Nonconforming use.” See HCC § 21.61.010.
"Nursing
facility” means a facility
that is primarily engaged in providing skilled nursing care or rehabilitative
services and related services for those who, because of their mental or physical
condition, require care and services above the level of room and board. "Nursing facility" does not include
a facility that is primarily for the care and treatment of mental diseases or
an assisted living home.
“Occupancy” means the purpose for which a building is used or intended to be used. The term may also include the building or room housing such use. Change of occupancy does not result from a mere change of tenants or proprietors.
“Office” means a physical location designed for or, used as, the office of professional, business, administrative, institutional, charitable, personal service or public organizations or persons, but does not include direct retail or wholesale sale of goods except for those sales that are clearly incidental to the principal office use.
"Office,
general business" means an office maintained and operated for the
conduct of management level administrative services or in which individuals or
entities are provided services in office settings in the nature of government,
business, real estate, insurance, property management, title companies,
investment and financial, personnel, travel, and similar services, including
business offices of public utilities or other activities when the service
rendered is a service customarily associated with office services. Offices that are part of and are located with
a business or industrial firm in another category are considered accessory to
that firm's primary activity.
Professional office is excluded.
“Office,
professional” means an office maintained and operated for the conduct of a
professional business or occupation requiring the practice of a learned art or
science through specialized knowledge based on a degree issued by an institute
of higher learning, including but not limited to medicine, dentistry, law,
architecture, engineering, accounting, and veterinary medicine. General business office and clinic are excluded.
"Off-road vehicle" means any motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, wetland, or other natural terrain, except that such terms exclude (a) registered motorboats, (b) military, fire emergency, and law enforcement vehicles when used for such military, emergency, and law enforcement purposes, and (c) any vehicle whose use is expressly approved by the City of Homer.
“Oil water separators” means passive, physical separation systems, designed for removal of oils, fuels, hydraulic fluids, and similar products from water. They are generally large-capacity, underground cement vaults installed between a drain and the connecting storm drain pipe. These vaults are designed with baffles to trap sediments and retain floating oils. The large capacity of the vault slows down the wastewater, allowing oil to float to the surface and solid material to settle out.
“Open space” means an area reserved or developed for recreational uses or preserved for its natural amenities. Open space may include squares, parks, bicycle and pedestrian paths, refuges, campgrounds, picnic areas, playgrounds, and gardens. "Open space" does not include outdoor recreation facilities.
“Overbank flood protection volume" or "Qp" means the volume controlled by structural practices to prevent an increase in the frequency of out of bank flooding generated by development.
"Overlay district" means a
defined area with supplementary regulations that is superimposed upon all or
part of one or more underlying zoning districts. The boundaries of an overlay district are usually
shown on the official map, but may be established by description.
“Parking lot” means an off-street, ground level open area, usually improved, containing parking spaces for motor vehicles.
"Parking lot,
double-loaded" means all or any portion of a parking lot in which
there are parking spaces on both sides of the driving aisle.
"Parking lot,
single-loaded" means all or any portion of a parking lot in which
there are parking spaces on only one side of the driving aisle.
“Parking space” has the definition as given in HCC Chapter 7.12.
“Peak hour” in reference to traffic means a one hour period representing the highest hourly volume of traffic flow on the adjacent street system during the morning (a.m. peak hour), during the afternoon or evening (p.m. peak hour) or representing the hour of highest volume of traffic entering or exiting a site (peak hour of generator).
“Pedestrian way” means a maintained walkway or path, no less than four feet wide, that connects two or more focal points of pedestrian activity, including other pedestrian ways, trails, transit stops, street or parking area crossings, or building entry points. Sidewalks may be pedestrian ways.
“Performance standards” means minimum requirements or maximum allowable limits on the effects or characteristics of a use.
“Permeable, continuous non-living ground cover” means landscaping surfaces made up of materials such as, but not limited to, crushed rock, bark and mulch.
"Permit" means any permit, approval or other authorization issued by the City under the authority of the Homer Zoning Code or regulations.
"Person
aggrieved" means a person who
shows proof of the adverse effect an action or determination taken or made
under the Homer Zoning Code has or could have on the use, enjoyment, or value
of real property owned by that person.
An interest that is no different from that of the general public is not
sufficient to establish aggrievement.
“Personal service” means a business primarily engaged in providing services involving the care of an individual or his or her personal goods or apparel.
“Pipeline” means a line six inches or larger, which may include accessory pumps, valves and control devices, for conveying liquids, gases or finely divided solids that are constructed within rights-of-way or easements or from one parcel to another. However, for the purpose of securing a conditional use permit the following are excluded: the mains, hydrants, pumps, services, and pressure stations of the City of Homer Water Utility; the mains, services, manholes and lift stations of the City of Homer Sewer Utility and the local service mains, valves and services of a gas utility legally authorized to provide such service within the City.
“Planned unit development” or “PUD” means a residential, commercial, office, industrial, or other type of development, or a combination thereof; approved under the conditional use procedures and applicable provisions of this title and characterized by comprehensive planning for the entire project, the clustering of buildings to preserve open space and natural features, and provision for the maintenance and use of open space and other facilities held in common by the property owners within the project.
“Planning Commission” means the Homer Advisory Planning Commission.
“Pollution, nonpoint source” means pollution from any source other than from any discernible, confined, and discrete conveyances and shall include, but not be limited to, parking lots, roof tops and include substances such as pathogens, petrochemicals, sediments, debris, toxic contaminants, or nutrients.
“Pollution, point source" means pollution from any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged.
“Pollutant” in reference to waters means any substance that causes contamination or other alteration of the physical, chemical, or biological properties of waters including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into the waters that will or is likely to create a nuisance or render such waters harmful. These substances include, but are not limited to any dredge, spoil, solid waste, incinerator residue, oil, grease, garbage, sewage, sludge, medical waste, chemical waste, biological materials, heat, petrochemical, and sediment.
"Principal use." See use, principal.
"Project"
means an existing or proposed development.
“Public spaces” means space containing amenities for public use or enjoyment, for example, benches, bike racks, water features, public art, and kiosks that enhance the community.
“Public utility facility or structure,” for the purpose of requiring a conditional use permit, means (i) any facility or structure owned and operated by a public or private utility, or (ii) a telecommunications tower or antenna, but it excludes water distribution mains, pressure stations and hydrants, sewage collection lines, manholes and lift stations, underground and overhead electrical, cable and telephone lines and poles and street lights.
“Recharge volume" or "Rev” means that portion of the water quality volume used to maintain groundwater recharge rates at development sites.
“Recreational facility, indoor” means a building used for indoor sports, recreation, physical activities or games such as bowling alleys, racquetball courts, skating rinks, and other physical recreation activities.
"Recreational
facility, outdoor" means a lot used for outdoor sports activities or
games such as skating rinks, batting cages, sports fields, golf courses,
miniature golf, driving ranges, equestrian arenas, open air performing arts
centers and similar activities. It does
not include sport fishing in the waters of any watercourse, water body, or
Kachemak Bay.
“Recreational vehicle” is a vehicular unit, other than a manufactured home, that is designed and manufactured as temporary lodging for travel, recreational and vacation use, and which is either self-propelled, mounted on or pulled by another vehicle. Examples include, but are not limited to, a travel trailer, camping trailer, truck camper, motor home, and fifth-wheel trailer.
“Recreational vehicle park” means a parcel of land that has been planned and improved for use by two or more recreational vehicles for transient occupancy.
"Religious, cultural and fraternal assembly" means a use or building owned or maintained by an organized religious organization or nonprofit entity for assemblies for social, cultural, civic, or philanthropic purposes, or where persons regularly assemble for worship.
"Residential
districts" or "residential
zoning districts" means the rural residential, urban residential, and
residential office zoning districts.
“Reservoir”
means a pond, lake, or basin, either natural or artificial, for the storage,
regulation, and control of water.
“Retention structure" means a permanent structure that provides for the storage of water runoff.
“Right-of-way” means the entire width of property dedicated for a public street or private easement providing ingress and egress from property abutting thereon.
"Road."
See street.
“Roadside stand” means a temporary structure on land adjacent to a street, usually for the attraction of motorists for profit-making purposes. Common roadside stands sell local food, produce, firewood, handcrafted items or imported goods.
“Rooming house” means a dwelling containing not more than five guest rooms that are used, rented or hired out to be occupied for sleeping purposes by guests. A rooming house shall not accommodate in excess of 15 guests. A rooming house shall also include any structures associated with the dwelling, such as guest cabins, provided that a conditional use permit was obtained for any associated structures, if a permit is required in order to have more than one building containing a permitted principal use on the lot. "Rooming house" does not include bed and breakfast.
“School” means an institution or place for instruction or education, including all structures and land necessary to the accomplishment of educational purposes.
"School, commercial" means a school for the teaching of clerical, managerial, administrative, service or artistic skills. This applies to schools operated privately for profit that do not offer a complete educational curriculum, e.g., beauty school, modeling school and secretarial school. Commercial school does not include trade, skilled or industrial school.
“School, private” means a school that provides a complete educational curriculum and is owned and operated by private educational, religious, charitable, or other institution. It may provide elementary, secondary or post-secondary levels of education.
“School, public” means a school owned and operated or chartered by the Kenai Peninsula Borough or the state or University of Alaska for the purpose of public education.
"School,
trade, skilled or industrial" means a school for the teaching of
industrial, construction, technical and skilled trades skills, including
schools operated by or for labor unions.
Examples include welding, carpentry, electrician, and similar training
schools.
“Sediment" means soils or other surficial materials transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.
"Service station." See auto fueling station and auto repair.
“Setback” means the required minimum distance between the lot line and a building, measured according to HCC Chapter 21.05. The setback area establishes a required yard in which structures are prohibited or limited as provided in the zoning code.
"Sewer,
community" means that portion of a non-public sewerage serving
a. one
or more multi-family dwellings;
b. a
mobile home park, a trailer park, or a recreational vehicle park;
c. two
or more:
i. single-family homes or duplexes;
ii commercial establishments;
iii industrial establishments; or
iv institutions; or
d. any
combination of two or more of the structures listed in (c) (i-iv) of this
paragraph.
"Sewer,
public" means a sewer system operated for the benefit of the public by
the City of Homer or a public utility under a certificate of convenience and
necessity issued by the Regulatory Commission of Alaska or by its predecessor
or successor agency.
“Shelter for the homeless” means a building used primarily to provide on-site meals, shelter and secondary personal services such as showers and haircuts to the homeless and the needy on a non-permanent basis for no or nominal compensation.
"Sign." See HCC § 21.60.040.
“Site" means any lot, tract, or parcel of land, or a portion thereof, or any combination thereof that are in one ownership or are contiguous and in diverse ownership, where development exists or will be created as one unit, subdivision, or project.
“Site plan” means a plan, to scale, showing the proposed use and development of a site. The plan generally includes lot lines, streets, points of vehicular access to the site, building sites, reserved open space, existing buildings, major landscape features (both natural and man-made), and the locations of utility lines. Additional information may be required on a site plan by applicable provisions of the zoning code.
“Slash
pile” means a row or pile of woody debris from timber harvesting, land
clearing, or similar activity.
“Stabilization" means the prevention of soil movement by any of various vegetative or structural means.
“Stable, private” means an accessory building in which one or more horses are kept for private use and enjoyment and not for boarding, hire or sale; or in which not more than one horse is kept for boarding, hire or sale.
“Stable,
public” means a building in which two or more horses are kept for boarding,
hire or sale.
“State highway” means a street designated by the State as a part of the State highway system.
“Stormwater management" means:
a. For quantitative control, a system of vegetative and structural measures that control the increased volume and rate of surface runoff caused by man‑made changes to the land; and
b. For qualitative control, a system of vegetative, structural, and other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff.
“Stormwater management, off-site” means the design and construction of a facility necessary to control stormwater from more than one development.
“Stormwater management, on-site” means the design and construction of systems necessary to control stormwater within an immediate development site.
"Stormwater management plan" or "SWP" means a set of drawings or other documents prepared according to the requirements of this title and submitted by a person as a prerequisite to obtaining a stormwater management approval. A SWP will contain all of the information and specifications pertaining to stormwater management.
“Stormwater runoff” means flow on the surface of the ground, resulting from precipitation or snow melt.
“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the top most story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six feet above grade for more than 50% of the total perimeter or is more than 12 feet above grade at any point, such basement or cellar shall be considered a story.
“Story, half” means a story under a gable, hip, gambrel or mansard roof, the wall plates of which on at least two of its opposite exterior walls are not more than two feet above the floor of such story.
“Stream”
means any body of flowing water, including a river, creek, tributary, or other
watercourse.
“Stream
banks” are defined by the steep or sloping ground that borders a stream and
confines the water in the natural channel when the water level, or flow is normal.
"Stream,
intermittent" means a stream that does not flow continuously but stops
or dries up from time to time.
"Stream,
perennial" means a stream that flows continuously throughout the year,
in contrast to an intermittent stream.
“Street” means a public thoroughfare including a public street, road or highway of any description that affords a principal means of access to abutting property. Street does not include alley or driveway.
“Street line” means the line of demarcation between a street right-of-way and the abutting lot(s).
“Stripping" means any activity that removes the vegetative surface cover including tree removal, clearing, grubbing and storage or removal of topsoil.
“Structural alteration” means any change of the supporting members of a building or structure such as bearing walls, columns, beams or girders.
“Structure” means anything constructed or erected that requires location on the ground or that is attached to something having location on the ground.
“Studio” means a room, rooms or building where an artist or photographer does work, a place where dancing lessons, music lessons, or similar artistic lessons are given, or where radio or television programs are produced or where recordings are made.
“Taxi” means any motor vehicle, permitted and licensed by the City, having a manufactured-rated seating capacity of nine passengers or less engaged in the carrying of persons in exchange for receiving fares, not operated over a fixed route, and subject to calls from a central location or otherwise operated for hire to perform public transportation.
“Taxi operation” means a taxi business operated from a fixed location, but not limited in its operation to any particular route, which may include a dispatch office and vehicle fleet parking.
“Timber growing, harvesting and forest crops” means the growing, harvesting, or both, for commercial purposes, of (i) trees including, without limitation, live trees, Christmas trees and tree products in the form of logs, chunks, bark chips or similar items; or (ii) minor forest crops such as cones, ferns, greenery, berries and moss.
“Total suspended solids” means the sum of the organic and inorganic particles (e.g., sediment) suspended in and carried by a fluid (e.g., water).
“Townhouse” means
a building on its own separate lot containing one dwelling unit that occupies
space from the ground to the roof and is attached to one or more other
townhouse dwelling units by at least one common wall.
“Trip” in reference to traffic means a single one way motor vehicle movement either to or from a subject property or study area.
“Turbidity”
means an expression of the optical property that causes light to be scattered
and absorbed rather than transmitted in straight lines through a water sample;
turbidity in water is caused by the presence of suspended matter such as clay,
silt, finely divided organic and inorganic matter, plankton, and other
microscopic organisms.
“Use” means the purpose for which land or a structure is occupied, arranged, designed or intended, or for which either land or a structure is or may be occupied or maintained.
"Use,
principal" means the use of a lot or structure that is of chief
importance or function on the lot.
“Variance” means any deviation from the requirements of the zoning code authorized by the Planning Commission pursuant to HCC Chapter 21.72.
“Vehicle fleet” means a group of vehicles operated under unified control.
"Vehicle maintenance." See auto repair.
"Vehicle repair." See auto repair.
“Visibility or vision clearance” means the assurance of adequate and safe vision clearance particularly for vehicle operators and pedestrians; a specified area of clearance at corners of intersections where no plantings, walls, structures or temporary or permanent obstructions exceeding a specified height above the curb level are allowed.
“Watercourse" means any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash, in and including any adjacent area that is subject to inundation from overflow or flood water.
“Water-dependent” means a use or activity that can be carried out only on, in or adjacent to water areas because the use requires access to the water body.
“Water quality volume" or "WQv” means the volume needed to capture and treat 90 percent of the average annual runoff volume at a development site.
“Water-related” means a use or activity that is not directly dependent upon access to a water body, but which provides goods and services that are directly associated with water-dependent uses or activities.
"Watershed" means any area of land that water flows or drains under or across ground on its way to a lake, pond, river, stream, or wetland. A watershed can be delineated on a topographical map by connecting the high points of the contour lines surrounding any water body.
"Wetland" means an area of land that is inundated or
saturated by surface or ground water at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.
"Wholesale." See business, wholesale.
“Yard” means a required open, unoccupied space on a lot. A yard is unobstructed by any structure or portion of a structure from thirty inches above the general ground level of the graded lot upward, except (a) fences, walls, posts, poles and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility, and (b) certain structures may be permitted in certain yards when authorized by code provisions applicable to a particular zoning district.
“Yard, front” means a yard extending across the full width of a lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto.
“Yard, rear” means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and a line parallel thereto.
“Yard, side" means a yard between a main building and the side lot line extending from the front yard to the rear yard.
"Zoning code" means
Title 21 of the Homer City Code.
"Zoning districts"
means those districts established and described in Article 2 (Chapters 2.10
through 2.32) of the zoning code.
Chapter 21.04
GENERAL PROVISIONS
21.04.010 Compliance. No person shall develop, construct, use, occupy, keep, or alter any land or structure except in conformance with the Homer Zoning Code requirements applicable to the zoning district in which the same are located.
21.04.020 Unlisted uses. a. Unlisted uses may be allowed within a zoning district upon application of the property owner and written decision by the Planning Commission, if, after a public hearing, the commission finds the proposed use meets all of the following criteria:
1. The use is not specifically permitted outright or conditionally in any other district;
2. The use is not more appropriate in another district;
3. The use is compatible with the purposes of the district in question;
4. The use is similar to and not more objectionable than other uses permitted outright in that district;
5. The use satisfies any other criteria specifically applicable to approval of unlisted uses in the zoning district in question.
b. In approving an application for a specific unlisted use, the Planning Commission may determine that the unlisted use should be treated as a conditional use. If it does, then the application shall be processed and decided under the provisions of HCC Chapter 21.71. The applicant will be given notice and an opportunity to provide supplemental information in support of the matter as a conditional use permit application.
21.04.040 Parking and loading facilities. Every building hereafter erected, enlarged or converted to a different use shall conform to the parking and loading requirements of City ordinances.
21.04.050 Zoning of waterfront property. Zoning code requirements applicable to property fronting on a water body shall continue to the edge of the property line, whether or not it is submerged.
21.04.060 Zoning along district boundaries. a. District boundaries shown as following the rights-of-way, streets, highways, or alleys, shall be interpreted as following the centerlines, and district boundaries shown as following platted lot lines shall be interpreted as following the lot lines.
b. If a lot is divided by a district boundary, the district boundary shall be respected. This does not preclude the property owner from seeking a boundary change by proposing a zoning map amendment.
21.04.070 Temporary storage of commercial equipment and the use of mobile commercial structures. The temporary storage of commercial equipment and the temporary use of a mobile commercial structure for use during a specific construction project is allowed in all zoning districts only for the duration of the construction project, subject to the following:
a. In the case of construction of a residential structure, the period shall not exceed one year.
b. The mobile commercial structure may be hooked up to the municipal water and sewer system if no other legal waste disposal system is available on the site, and if water and sewer permit applications are approved. Such connections are limited to the duration of the construction project.
c. The mobile commercial structure and commercial equipment must be located on the construction site. If sufficient space is not available on the construction site, they may also be located on one additional lot adjacent to the construction site.
d. The limitations on mobile commercial structures stated in this section do not apply to those structures occupied lawfully in zoning districts, if any, in which mobile commercial structures are permitted or conditionally permitted by the provisions applicable to those districts.
21.04.080 Zoning fees. The City Council may by resolution establish fees to be charged for any application, filing, permit, inspection, appeal, or any other action or service provided for in the Homer Zoning Code or applicable regulations. This includes the authority to amend such fees from time to time and set conditions, if any, under which a fee will be increased or waived, in whole or in part.
21.04.090 Zoning of annexed areas. Zoning of areas annexed to the city shall be initiated at the time of annexation. Zoning district designations shall be completed within one year of annexation. An extension of one year may be granted by the Planning Commission with approval of the Homer City Council.
Chapter 21.05
MEASUREMENTS
21.05.010 Purpose. This chapter explains how certain measurements are made in the zoning code.
21.05.020 Measuring distances. a. When measuring distances for setbacks, structure dimensions, and similar measurements, all distances are measured along a horizontal plane from the appropriate lot line, edge of structure, or other object. These distances are not measured by following the topography of the land.
b. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the shortest distance between the two objects, except as otherwise provided in this section or other sections of the zoning code.
c. Measurements involving a building are made to the closest wall of the building. Windowsills, belt courses, cornices, eaves, chimneys, bay windows up to 12 feet in length, and similar incidental architectural features that project not more than two feet into any required yard are not included in the measurement, and if they extend more than two feet into a required yard, that portion beyond two feet is included in the measurement. Paved terraces are not included in the measurement.
d. Covered porches, covered decks and covered entrances are included in a measurement involving a building. Unroofed porches, decks, landings and stairs are excluded from the measurement of front and rear yards only if no portion other than a light handrail extends higher than sixteen inches above the finished grade.
e. Open fire escapes are excluded from the measurement of any required yard only if they project not more than four feet, six inches into a required yard.
f. Structures or portions of structures that are entirely underground are not included in measuring required distances.
21.05.030 Measuring heights. a. When measuring height of a building, the following are included in the measurement: screening, parapets, mansards or similar structures.
b. When measuring height of a building, the following are excluded from the measurement: steeples, spires, belfries, cupolas and domes if not used for human occupancy, chimneys, ventilators, weather vanes, skylights, water tanks, bulkheads, monuments, flagpoles, television and radio antennae, other similar features, and necessary mechanical appurtenances usually carried above roof level.
c. When determining building height on a sloping lot, building height shall be calculated as follows: more than 50 percent of the perimeter of the building shall meet the maximum building height requirements; the maximum elevation of the remainder of the building shall not exceed the elevation of the first portion nor add more than 12 feet of building height at any point.
d. When
determining the height of a non-building structure, such as a sign or fence,
the height shall be calculated as the distance from the base of the structure
at normal grade to the top of the highest part of the structure. For this calculation, normal grade shall be
construed to be the lower of (1) existing grade prior to construction or (2)
the newly established grade after construction, exclusive of any fill, berm,
mound, or excavation made for the purpose of locating or supporting the structure. In cases in which the normal grade cannot
reasonably be determined, structure height shall be calculated on the
assumption that the elevation of the normal grade at the base of the structure is
equal to the elevation of the nearest point of the crown of a public street or
the grade of the land at the principal entrance to the main building on the
lot, whichever is lower.
21.05.040 Measuring slopes. When calculating the slope of a lot, an average slope is used based on the elevations at the corners of the lot. The average slope of a lot, expressed as a percentage, is calculated by subtracting the average elevation of the uphill lot line and the average elevation of the downhill lot line and dividing the sum by the average distance between the two lot lines. The average elevation of the uphill or downhill lot line is calculated by adding the elevations at the ends of the lot line and dividing by two. See Figure __________.
Figure _____
21.05.050 Measuring lot width. a. The width of a lot is calculated as horizontal distance between the side property lines of a lot, measured at right angles to the lot depth at the rear of the required front yard setback. See Figure ___.
Figure ___
LOT DEPTH AND LOT WIDTH
(The diagram is
illustrative)
b. The pole portion of a flag-shaped lot shall be disregarded in calculating lot width. See figure _______.
Figure ___
FLAG LOT DEPTH AND LOT WIDTH
(The
diagram is illustrative)
ARTICLE 2
Zoning Districts and Zoning Map
Chapter 21.10
ZONING
DISTRICTS AND ZONING MAP
21.10.010 Zoning districts. a. The city is divided into zoning districts. Within each zoning district only uses and structures authorized by this title are allowed.
b. The following zoning districts are hereby established:
Abbreviated
Zone Designation
Residential office RO
Rural residential RR
Urban residential UR
Central business district CBD
Town center district TCD
Gateway business district GBD
General commercial 1 GC1
General commercial 2 GC2
Marine commercial MC
Marine industrial MI
Open space--Recreational OSR
Conservation district CO
c. The zoning district boundaries shall be as shown on the official Homer Zoning Map.
21.10.020 Overlay districts. a. In addition to the zoning districts described in HCC § 21.10.010, one or more overlay districts, or sensitive areas, may be established under the zoning code.
b. The overlay districts established elsewhere in the zoning code include:
Abbreviated
Overlay Zone Designation
Bridge Creek Watershed
Protection District BCWP
Flood Prone Areas none
c. Usually the official boundaries of an overlay district are established by illustration on the zoning map, but in some cases the code may instead provide that a written narrative is the official description of boundaries of an overlay district.
20.10.030 Zoning map. a. The official zoning map shall be kept in the City offices. The "Homer Zoning Map" dated _______insert date________ is adopted by reference and declared to be part of this title, together with all amendments subsequently approved by ordinance.
b. Amendments shall be immediately noted on the official zoning map by the City Planner, with a notation of the ordinance and date of enactment.
Chapter 21.12
RR RURAL RESIDENTIAL DISTRICT
21.12.010 Purpose. The purpose of the rural residential district is primarily to provide an area in the City for low-density, primarily residential, development; allow for limited agricultural pursuits; and allow for other uses as provided in this chapter.
21.12.020 Permitted uses and structures. The following uses are permitted outright in the rural residential district:
a. Single family dwelling.
b. Duplex dwelling.
c. Multiple-family dwelling, only if the structure conforms to HCC § 21.14.040(a)(2).
d. Public parks and playgrounds;
e. Rooming house and bed and breakfast;
f. Home
occupations, provided they conform to the requirements of HCC § 21.51.010;
g. Agricultural activities, including general farming, truck farming, livestock farming, nurseries, and greenhouses provided that:
1. Other than normal household pets, no poultry or livestock may be housed and no fenced runs may be located within one hundred feet of any residence other than the dwelling on the same lot,
2. No retail or wholesale business sales office is maintained on the premises;
h. Private stables;
i. Private floatplane tie-down as an accessory use incidental to residential use;
j. Storage of personal commercial fishing gear in a safe and orderly manner and separated by at least five feet from any property line as an accessory use incidental to residential use;
k. As an accessory use incidental to residential use, the private outdoor storage of noncommercial equipment, including noncommercial trucks, boats, and not more than one recreational vehicle in a safe and orderly manner and separated by at least five feet from any property line, provided no stored equipment, boat or vehicle exceeds 36 feet in length;
l. Other customary accessory uses incidental to any of the permitted uses lists in the RR district, provided that no separate permit shall be issued for the construction of any detached accessory building prior to that of the main building.
m. Temporary (seasonal) roadside stands for the sale of produce grown on the premises;
n. Mobile homes, subject to the requirements of HCC § 21.54.060.
o. Day care homes; provided, however, that outdoor play areas must be fenced.
p. Recreational vehicles, subject to the requirements of HCC § 21.54.320.
q. Open space, but not including outdoor recreational facilities described in HCC § 21.12.030.
21.12.030 Conditional uses and structures. The following uses may be permitted in the rural residential district when authorized by conditional use permit issued in accordance with HCC Chapter 21.71:
a. Planned unit development, limited to residential uses only;
b. Religious, cultural and fraternal assembly;
c. Cemeteries;
d. Kennels;
e. Commercial greenhouses and tree nurseries offering sale of plants or trees grown on premises;
f. Mobile home parks;
g. Public utility facilities and structures;
h. Pipelines and railroads;
i. Heliports;
j. Storage of heavy equipment, vehicles or boats over 36 feet in length as an accessory use incidental to a permitted or conditionally permitted principal use;
k. Day care facilities; provided, however, that outdoor play areas must be fenced.
l. Group care home;
m. Assisted living home;
n. More than one building containing a permitted principal use on a lot;
o. Indoor recreational facilities;
p. Outdoor recreational facilities.
q. Public
school and private school.
21.12.040 Dimensional requirements. The following dimensional requirements shall apply to all structures and uses in the rural residential district:
a. Lot Size.
1. The minimum lot area shall be 40,000 square feet, plus 40,000 square feet for each dwelling unit in excess of one unit in areas not served by public sewer and water.
2. Each lot shall contain a minimum of 20,000 square feet per, plus 20,000 square feet per dwelling unit in excess of one unit if one of the following conditions exists:
i. The lot is served by public water supply approved by the State Department of Environmental conservation; or
ii. The lot is served by public or community sewer approved by the State Department of Environmental Conservation.
3. Each lot shall contain a minimum of 10,000 square feet per, plus 10,000 square feet per dwelling unit in excess of one unit if the lot is served by both public water and sewer that satisfies both conditions of subsection (a)(2).
b. Building Setbacks.
1. Buildings shall be set back 20 feet from all dedicated rights-of-way, except as allowed by subsection (b)(3);
2. Buildings shall be set back from all other lot boundary lines according to the number of stories as follows:
Number of Stories Setback (in feet)
1 5
1 ½ 6
2 7
2 ½ 8
3. Adjacent to those rights-of-way that lead to Kachemak Bay and have been determined to be unsuitable for road construction by Resolution of the City Council, all buildings shall be set back from the boundary of the right-of-way according to the number of stories as provided in subsection (b)(2).
c. Building Height. The building height shall be a maximum of 35 feet.
d. Detached accessory buildings may occupy not more than 25 percent of a required rear or side yard and no portion of a required front yard, and shall be located at least five feet from the nearest part of a main building.
21.12.050 Site development standards. All development in this district shall comply with the level one site development standards contained in HCC § 21.50.020.
Chapter 21.14
UR URBAN RESIDENTIAL DISTRICT
21.14.010 Purpose. The urban residential district is primarily intended to provide a sound environment for medium-density residential occupancy including single-family, duplex and low-rise multiple-family dwellings of various types and designs and other compatible uses as provided in this chapter.
21.14.020 Permitted uses and structures. The following uses are permitted outright in the urban residential district:
a. Single-family dwelling, excluding mobile home.
b. Duplex dwelling, excluding mobile home..
c. Multiple-family dwelling, only if the structure conforms to HCC § 21.14.040(a)(2) and excluding mobile home.
d. Public parks and playgrounds;
e. Home occupations, provided they conform to the requirements of HCC § 21.51.010
f. Rooming house and bed and breakfast;
g. Private floatplane tie-up facility as an accessory use incidentally to residential use;
h. As an accessory use incidental to residential use, storage of personal commercial fishing gear in a safe orderly manner and separated by at least five feet from any property line;
i. As an accessory use incidental to residential use, the private outdoor storage of noncommercial equipment, including noncommercial trucks, boats, and not more than one recreational vehicle in a safe and orderly manner and separated by at least five feet from any property line, provided no stored equipment, boat or vehicle exceeds 36 feet in length;
j. The outdoor harboring or keeping of dogs, small animals and fowl as an accessory to a residential use in a manner consistent with the requirements of all other provisions of the Homer City Code and as long as such animals are pets of the residents of the dwelling and their numbers are such as not to unreasonably annoy or disturb occupants of neighboring property;
k. Customary accessory uses to any of the permitted uses listed in the UR district, provided that no separate permit shall be issued for the construction of any detached accessory building prior to that of the main building.
l. Day care homes; provided, however, that outdoor play areas must be fenced.
m. Recreational vehicles, subject to the standards set out in HCC § 21.54.320.
n. Open space, not including outdoor recreational facilities.
o. Public schools and private schools.
21.14.030 Conditional uses and structures. The following uses may be permitted in the urban residential district when authorized by conditional use permit issued in accordance with HCC Chapter 21.71:
a. Planned unit development, excluding all industrial uses;
b. Townhouse developments;
c. Day care facilities; provided, however, that outdoor play areas must be fenced.
d. Religious, cultural and fraternal assembly;
e. Hospitals;
f. Pipelines and railroads;
g. Heliports;
h. Storage of heavy equipment or boats over 36 feet in length as an accessory use incidental to a permitted or conditionally permitted principal use;
i. Private stables and the keeping of larger animals not usually considered pets, including paddocks or similar structures or enclosures utilized for keeping of such animals as an accessory use incidental to a primary residential use; such use shall be conditioned on not causing unreasonable disturbance or annoyances to occupants of neighboring property, and on sufficient land to harbor such animals;
j. Group care home;
k. Assisted living home;
l. More than one building containing a permitted principal use on a lot;
m. Indoor recreational facilities;
n. Outdoor recreational facilities.
21.14.040 Dimensional requirements. The following dimensional requirements shall apply to all structures and uses in the urban residential district:
a. Lot Size.
1. For single-family and duplex dwelling structures, there shall be a minimum lot area of 7,500 square feet.
2. Multiple family dwelling containing three or more units shall meet the following standards:
i. The total floor area shall not be more than four-tenths (.4) the lot area;
ii. The total open area shall be at least 1.1 times the total floor area. Open area is any portion of the lot not covered or used for parking spaces and maneuvering.
b. Building Setbacks.
1. Buildings shall be set back 20 feet from all dedicated rights-of-way, except as allowed by subsection (b)(3);
2. Buildings shall be set back from all other lot boundary lines according to the number of stories as follows:
Number of Stories Setback (in feet)
1 5
1 ½ 6
2 7
2 ½ 8
3. Adjacent to those rights-of-way that lead to Kachemak Bay and have been determined to be unsuitable for road construction as set forth by Resolution of the City Council, all buildings shall be set back from the boundary of the right-of-way according to the number of stories as provided in subsection (b)(2).
c. Building Height. The building height shall be a maximum of 35 feet.
d. Detached accessory buildings may occupy not more than 25 percent of a required rear or side yard and no portion of a required front yard, shall not be more than 1,200 square feet in area, and shall be located at least five feet from the nearest part of a main building.
21.14.050 Site development standards. All development in the urban residential district shall comply with the level one site development standards contained in HCC § 21.50.020.
Chapter 21.16
RO RESIDENTIAL OFFICE
DISTRICT
21.16.010 Purpose. The residential office district is primarily
intended for a mixture of low-density to medium-density residential uses and
certain specified businesses and offices, which may include professional
services, administrative services and personal services, but generally not
including direct retail or wholesale transactions except for sales that are
incidental to the provision of authorized services. A primary purpose of the
district is to preserve and enhance the residential quality of the area while
allowing certain services that typically have low traffic generation, similar
scale and similar density. The district provides a transition zone between
commercial and residential neighborhoods.
21.16.020 Permitted uses and structures. The following uses are permitted outright in
the residential office district:
a. Single-family and duplex
dwelling, excluding mobile homes;
b. Multiple family dwelling,
provided the structure conforms to HCC § 21.14.040(a)(2) and excluding mobile
homes;
c. Public parks and
playgrounds;
d. Rooming house and bed and
breakfast;
e. Home occupations;
provided they conform to the requirements of HCC § 21.51.010;
f. Professional offices and
general business offices;
g. Personal services;
h. Museums, libraries and similar
institutions;
i. Nursing facilities,
convalescent homes, homes for the aged, assisted living homes;
j. Religious, cultural and
fraternal assembly;
k. Storage of the occupant's
personal commercial fishing gear in a safe and orderly manner and separated by
at least five feet from any property line as an accessory use incidental to a
permitted or conditionally permitted principal use;
l. Private exterior storage of the
occupant's personal noncommercial equipment, including non commercial trucks,
boats, campers and not more than one recreational vehicle in a safe and orderly
manner and separated by at least five feet from any property line as an
accessory use incidental to a permitted or conditionally permitted principal
use;
m. Other customary accessory
uses to any of the permitted uses listed in the residential office district;
provided, that no separate permit shall be issued for the construction of any
detached accessory building prior to that of the main building.
n. The outdoor harboring or
keeping of dogs, small animals and fowl as an accessory use in a manner
consistent with the requirements of the Homer City Code and as long as such
animals are kept as pets and their numbers are such as not to unreasonably
annoy or disturb occupants of neighboring property;
o. Day care homes; provided,
however, that outdoor play areas must be fenced.
p. Recreational vehicles,
subject to the standards set out in HCC § 21.54.320.
21.16.030 Conditional uses and structures. The
following uses may be permitted in the residential office district when
authorized by conditional use permit issued in accordance with HCC Chapter
21.71:
a. Planned unit
developments, excluding all industrial uses;
b. Townhouses;
c. Public or private
schools;
d. Hospitals and medical
clinics;
e. Public utility facilities
and structures;
f. Mortuaries;
g. Day care facilities;
provided, however, that outdoor play areas must be fenced.
h. More than one building
containing a permitted principal use on a lot.
i. Group care homes.
j. Assisted living homes.
21.16.040 Dimensional requirements. The following dimensional
requirements shall apply to all structures and uses in the residential office
district:
a. The minimum lot size is 7,500
square feet.
b. Building setbacks;
1. Buildings
shall be set back 20 feet from all dedicated rights-of-way.
2. Residential
buildings shall be set back from all other lot boundary lines according to the
number of stories as follows:
Number of Stories Setback (in feet)
1 story 5
feet
1 ½ half stories 6
feet
2 stories 7
feet
2 ½ half stories 8
feet
3. Non-residential buildings
shall be set back 20 feet from all other lot boundary lines unless firewalls
are provided and access to the rear of the building is otherwise provided
(e.g., alleyways) as defined by the State Fire Marshal.
c. The maximum building
height shall be 35 feet.
d. Detached accessory
buildings may not occupy more than 25 percent of a required rear or side yard
and no portion of a required front yard, and shall be located at least five
feet from the nearest part of a main building and five feet from all property
lines.
21.16.050 Site and access. a. A zoning permit for any
non-residential use or structure shall not be issued by the City without an
approved site plan and an approved level two right-of-way access plan that
conform to the standards of HCC Chapter 21.73.
b. All access points to rights-of-way
shall conform to the standards of a level two right-of-way access plan stated
in HCC Chapter 21.73. This applies to all uses and structures.
21.16.060 Site development standards. All development in the
residential office district shall comply with the level one site development
standards contained in HCC § 21.50.020.
Chapter 21.18
CBD CENTRAL BUSINESS DISTRICT
21.18.010 Purpose.
The purpose of the Central Business District is primarily to provide a
centrally located area within the City for general retail shopping, personal
and professional services, educational institutions, entertainment
establishments, restaurants and other business uses listed in this chapter. The district is meant to accommodate a
mixture of residential and non-residential uses with conflicts being resolved
in favor of non-residential uses.
Pedestrian-friendly designs and amenities are encouraged.
21.18.020 Permitted uses and
structures. The following uses are
permitted outright in 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. Retail
business where the principal activity is the sale of merchandise and incidental
services in an enclosed building;
b. Personal
service establishments;
c. Professional
offices and general business offices;
d. Restaurants, clubs and drinking establishments that provide food or drink for consumption on the premises;
e. Parking
lots and parking garages, in accordance with HCC Chapter 7.12;
f. Hotels
and motels;
g. Mortuaries;
h. Single
family, duplex, and multiple family dwellings, including townhouses, but not
including mobile homes;
i. Floatplane
tie-up facilities and air charter services;
j. Parks;
k. Retail and
wholesale sales of building supplies and materials, only if such use, including
storage of materials, is wholly contained within one or more enclosed buildings;
l. Customary accessory uses to any of the permitted uses
listed in the CBD district, provided that a separate permit shall not be issued
for the construction of any detached accessory building prior to that of the
main building.
m. Mobile homes, provided they conform to the
requirements set forth in HCC § 21.54.060;
n. Home
occupations, provided they conform to the requirements of HCC § 21.51.010;
o. Ministorage;
p. Apartment
units located in buildings primarily devoted to business or commercial uses;
q. Religious,
cultural, and fraternal assembly;
r. Entertainment establishments;
s. Public,
private and commercial schools;
t. Museums
and libraries;
u. Studios;
v. Plumbing,
heating and appliance service shops, only if such use, including the storage of
materials, is wholly within an enclosed building;
w. Publishing,
printing and bookbinding;
x. Recreational
vehicle parks only if located south of the Sterling Highway (Homer Bypass) from
Lake Street west to the boundary of the Central Business District abutting
Webber Subdivision, and from Heath Street to the west side of Lakeside Village
Subdivision, provided they shall conform to the standards in HCC § 21.54.200
and following sections;
y. Taxi
operation limited to a dispatch office and fleet parking of no more than five
vehicles; maintenance of taxis must be conducted within an enclosed structure, and
requires prior approval by the City Planner of a site, access and parking plan;
z. Mobile
food services;
aa. Itinerant
merchants, provided all activities shall be limited to uses permitted outright
under this zoning district;
bb. Day
care homes and facilities; provided, however, that outdoor play areas must be
fenced;
cc. Rooming
house and bed and breakfast;
dd. Auto
repair and auto and trailer sales or rental areas, but only on Main Street from
Pioneer Avenue to the Sterling Highway, excluding lots with frontage on Pioneer
Avenue or the Sterling Highway, subject to the following additional
requirements: Vehicles awaiting repair
or service, inoperable vehicles, vehicles for parts, and vehicles awaiting
customer pickup shall be parked indoors or inside a fenced enclosure so as to
be concealed from view, on all sides.
The fence shall be a minimum height of eight feet and constructed to
prohibit visibility of anything inside of the enclosure. The portion of any vehicle exceeding eight
feet in height may be visible outside of the fence. Vehicle parts (usable or unusable), vehicle
service supplies, and any other debris created in the repair or servicing of
vehicles shall also be stored indoors or inside the fenced enclosure out of
view of the public;
ee. Farmers' market;
ff. Dormitory;
gg. Financial
institutions.
21.18.030 Conditional uses and structures. The following uses may be permitted in the
Central Business District when authorized by conditional use permit issued in
accordance with HCC Chapter 21.71:
a. Planned
unit developments, excluding all industrial uses;
b. Indoor
recreational facilities and outdoor recreational facilities;
c. Mobile
home parks;
d. Auto
fueling stations;
e. Public
utility facilities and structures;
f. Pipeline
and railroads;
g. Heliports;
h. Greenhouses
and garden supplies;
i. Light
or custom manufacturing, repair, fabricating, and assembly, provided such use,
including storage of materials, is wholly within an enclosed building;
j. Shelter
for the homeless, provided any lot used for such shelter does not abut a residential
zoning district;
k. More
than one building containing a permitted principal use on a lot.
l. Group care homes and assisted living
homes.
m. Drive-in
car washes, but only on the Sterling Highway from Tract A-1 Webber Subdivision
to Heath Street;
n. Other
uses approved pursuant to HCC § 21.04.020.
21.18.040 Dimensional
requirements. The following
dimensional requirements shall apply to all structures and uses in the Central
Business District:
a. Lot
size.
1. The minimum lot area shall be 6,000
square feet. Lawful nonconforming lots
of smaller size may be newly developed and used if off‑site parking is
provided in accordance with the City parking code, HCC Chapter 7.12;
2. Multiple family dwelling containing
three or more units shall meet the standards in HCC § 21.14.040(a)(2);
3. Townhouses shall meet the standards in HCC § 21.53.010.
b. Building
Setbacks.
1. Buildings shall be setback 20 feet from
all dedicated right-of ways, except as allowed by subsection (b)(4).
2. Non-residential buildings shall be set
back five feet from all other lot boundary lines except the minimum setback
shall be two feet from all other boundary lines when firewalls are provided and
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;
3. Residential buildings shall be set back
five feet from all other lot boundary lines.
4. If approved by a conditional use
permit, the setback from a dedicated right-of-way, except from the Sterling
Highway or Lake Street, may be reduced.
5. 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 subparagraphs (b)(1) and (2) above.
6. Any attached or detached accessory
building shall maintain the same yards and setbacks as the main building.
c. Building
Height. The maximum building height
shall be 35 feet.
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.
e. Building
Area and Dimensions ‑ Retail and Wholesale.
1. The total floor area of retail and
wholesale business uses within a single building shall not shall not exceed
66,000 square feet.
2. No conditional use permit, Planned Unit
Development, or variance may be granted that would allow a building to exceed
the limits of subparagraph (e)(1) and no
nonconforming use or structure may be expanded in any manner that would
increase its nonconformance with the limits of subparagraph (e)(1).
3. Any building the main use of which is
retail business, wholesale business, or a combination of the two shall not
exceed 66,000 square feet of footprint area.
21.18.050 Site and Access Plan. A zoning permit for any building or structure
within the Central Business District shall not be issued by the City without a
site plan and a level two right-of-way access plan approved by the City under HCC
Chapter 21.73.
21.18.060 Traffic Requirements. A conditional use permit is required for
every use that:
a. Is
estimated to generate more than 100 vehicle trips during any hour of the day
based on the proposed land use and density, or calculated utilizing the Trip
Generation Handbook, Institute of Transportation Engineers (current
edition),
b. Is
estimated to generate more than 500 vehicle trips per day based on the proposed
land use and density, or calculated utilizing the Trip Generation Handbook,
Institute of Transportation Engineers (current edition);
c. Is
estimated to generate an increase in the traffic to more than 100 vehicle trips
during any hour of the day due to a change in land use or intensity of use;
d. Is
expected to generate traffic that will detract from the safety of, or degrade
by one level of service, the highway, road, street, alley or intersection.
21.18.070 Site Development Requirements. All development on lands in this zoning
district shall conform to the level two site development standards set forth in
HCC § 21.50.030.
21.18.080 Nuisance standards. a. The nuisance standards of HCC §§ 21.59.010(a)-(f) apply to all development, uses, and structures in this zoning district.
b. Storage of Items for Sale. Products for sale may be displayed outdoors
in unscreened areas only during the open hours of the business. This does not apply to outdoor storage of
items for sale when outdoor storage or sale is permitted in the zoning
district, nor does it apply to items normally kept outdoors, such as motor
vehicles.
c. Commercial vehicles, trailers, shipping containers and other similar equipment used for transporting merchandise shall remain on the premises only as long as required for loading and unloading operations, and shall not be maintained on the premises for storage purposes unless screened from public view.
21.18.090. Lighting Standards. The level one lighting standards of HCC § 21.59.030 apply to all developments, structures and uses in this district.
Chapter 21.20
TOWN CENTER DISTRICT
21.20.010 Purpose.
The primary purpose of the Town Center District is to provide a
centrally located area in Homer for a core business area and a community focal
point. Pedestrian-friendly designs and
amenities are encouraged.
21.20.020 Permitted uses and structures. The following uses are permitted outright in
the Town Center 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. Retail
business where the principal activity is the sale of merchandise and incidental
services in an enclosed building;
b. Personal
service establishments;
c. Offices;
d. Restaurants,
clubs and drinking establishments which provide food or drink for consumption
on the premises;
e.
Parking lots and parking garages, in accordance with HCC Chapter 7.12;
f. Hotels
and motels;
g. Single family, duplex, and multiple family dwellings, but not including mobile homes or townhouses;
h. Townhouses
subject to the standards of HCC § 21.53.010 subsections (c), (f), (h), (i), and
(o) only.
i. Parks;
j. Financial
institutions;
k. Retail
sale of building supplies and materials, only if such use, including storage of
materials, is wholly contained within an enclosed building;
l. Home occupations, provided they conform to the standards in
HCC § 21.51.010;
m. Dwelling
units and non-residential uses in the same building, if each use is otherwise
allowed by this chapter;
n. Religious,
cultural and fraternal assemblies;
o. Entertainment
establishments;
p. Private, public, and commercial schools
q. Museums
and libraries;
r. Studios;
s. Plumbing, heating and appliance service shops, only if such use, including the storage of materials, is wholly within an enclosed building;
t. Publishing,
printing and bookbinding;
u. Mobile
food services on city-owned land only;
v. Transient
or itinerant merchants, provided all activities shall be limited to uses
permitted outright under this zoning district, and only on city-owned land;
w. Day
care homes and facilities; provided, however, that play areas must be fenced;
x. Rooming
house and bed and breakfast;
y. Farmers'
market;
z. More
than one building containing a principle permitted use on a lot.
21.20.030 Conditional uses and
structures. The following uses may
be permitted in the Town Center District when authorized by conditional use
permit issued in accordance with HCC Chapter 21.71:
a. Planned
unit developments, limited only to uses otherwise permitted in this district;
b. Indoor
recreational facilities;
c. Greenhouses
and garden supplies;
d. Light
or custom manufacturing, repair, fabricating, and assembly, provided such use,
including storage of materials, is wholly within an enclosed building;
e. Group
care homes and assisted living homes;
f. Other
uses approved pursuant to HCC § 21.04.020;
g. Outdoor
recreational facilities;
h. Customary
accessory uses to any of the permitted uses listed in the TCD district,
provided that a separate permit shall not be issued for the construction of any
type of accessory building prior to that of the main building.
i. Self-service
laundries;
j. Retail
sales of hardware, appliances and furniture, building supplies and materials, but
only if such use, including storage of goods and materials, is wholly contained
within one or more enclosed buildings;
k. Plumbing,
heating and appliance repair shops, but only if such use, including storage of goods
and materials is wholly contained within one or more enclosed buildings.
21.20.040 Dimensional
requirements. The following
dimensional requirements shall apply to all uses in the Town Center District:
a. Lot
size.
1. The minimum lot area shall be six
thousand square feet.
b. Building
Setbacks. Buildings shall be set back
from lot boundaries and street rights-of way as follows:
1. All buildings must be set back from the
Sterling Highway right-of-way by 20 feet or more, without exception.
2. From all other street rights-of-way,
all buildings must be set back not less than 10 and not more than 20 feet,
except as allowed by subsection (b)(4).
3. All buildings must be set back five feet from all other lot
boundary lines, except the minimum set back shall be two feet from all other
boundary lines when approved by the State Fire Marshal.
4. If approved by a conditional use
permit, the distance for a required set back from a street right-of-way, except
the Sterling Highway right-of-way, may be reduced or increased.
5. Alleys are not subject to the set back requirements of subsections 1 and 2. All buildings must be set back at least five feet from alley rights-of-way, without exception.
6. Any attached or detached accessory
building shall maintain the same yards and setbacks as the main building.
c. Building Height.
1. The maximum building height shall be thirty five feet, except as provided in subsection 2.
2. Where a suitable fire suppression system is
provided a building may exceed 35 feet in height, if and to the extent approved
by a conditional use permit.
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.
e. Building
Area and Dimensions Retail and
Wholesale.
1. The total floor area of retail and
wholesale business uses within a single building shall not exceed 66,000 square
feet.
2. No conditional use permit, Planned Unit
Development, or variance may be granted that would allow a building to exceed
the limits of subparagraph (e)(1), and
no nonconforming use or structure may be expanded in any manner that would
increase its nonconformance with the limits of subparagraph (e)(1).
3. Any building the main use of which is
retail business, wholesale business, or a combination of the two shall not
exceed 66,000 square feet of footprint area.
21.20.050 Architectural standards. a.
All development will contain variation in detail to provide visual
interest and to avoid monotony. Use of pitched roofs, breaks in roofs and wall
lines and other architectural features will be utilized. Building materials may
simulate quality traditional building materials such as wood, stone and
brick.
b. Architecture
based upon generic franchise design is prohibited.
1. Where buildings of generic franchise design are
proposed, design architecture is instead encouraged to conform with the
architectural section of the Community Design Manual.
2. Buildings of less than 8000 square feet of
building area are exempt from the Siding and Trim and Color sections of the
manual.
c. Architecturally
integrated artwork is encouraged.
d. Fences
shall comply with the Community Design Manual.
e. All
development shall comply with the Commercial Streetscape guidelines of Site
Design section of the Community Design Manual.
21.20.060 Site and Access Plan. a. A zoning permit for a building or structure within the Town Center District shall not be issued by the City without a level one site plan approved by the City under HCC Chapter 21.73.
b.
A zoning permit for a building or
structure within the Town Center District shall not be issued by the City
without a level two right-of-way access plan approved by the City under HCC
Chapter 21.73, except that in the Town Center District, frontage roads are
prohibited.
21.20.070 Site Development
Requirements. a. All development on lands in this zoning
district shall conform to the level two site development requirements set forth
in HCC § 21.50.030, except as otherwise provided in this section.
b. Subsections
(b) and (f) of HCC § 21.50.030 do not
apply in this zoning district.
c. Storm
water management and drainage will be integrated with adjacent properties to
the maximum extent possible.
d. All
utilities in the district are required to be underground.
e. Landscaping Requirements. All lands in this zoning district shall be landscaped to conform to the following
1. Landscaping shall emphasize native materials,
including ground cover, shrubs and trees.
2.
Not less than 15 percent of the area of the lot(s) shall be landscaped. Landscaping may consist of a combination of
the following, and must include all elements required by the following or any
other sections of the code:
a.
Buffers. To be included in the calculation
of required landscaping, buffers along lot lines shall be not less than 3 feet
in width.
b.
Gardens. To be included in the
calculation of required landscaping, a garden shall be not less than 10 feet in
length or width as measured at its shortest dimension. In addition to landscaping, a garden may
include amenities, such as pedestrian seating areas, art, sand boxes, flower
and ornamental gardens, paths, bike racks, outdoor restaurant seating, and
other similar structures incidental to use of the building. No more than 50 percent of a garden may have
an impervious cover, e.g., pavement, brickwork, and decking. Any decks or patios included in the
calculation of a garden shall be at or near ground level. Use of grass, wood chips, or natural surfaces
is preferred over areas paved with asphalt or concrete. A landscaped storm water detention area may
be included in a garden or buffer.
c. Use of landscaping to buffer the public view
of the backs of buildings and loading areas is encouraged.
d. Parking Lots.
Parking lots shall include landscaping as follows:
(1)
A minimum of ten percent of the parking area of parking lots with 35
spaces or more shall be landscaped in islands, dividers, or a combination of
the two. Any island or divider must be
(i) large enough and designed to ensure plant survivability and (ii) large
enough to break up the visual bulk and scale of the parking lot.
(2)
Parking lots with 24 spaces or more will have a minimum 10 foot
landscaped buffer adjacent to road right-of-ways;
(3)
Parking lots with only one single loaded or one double loaded aisle that
have a 15 foot minimum landscaped buffer adjacent to road rights-of-way are
excluded from the requirement of HCC § 21.20.070(e)(2)(d)(1)(i) above.
e.
A buffer of 15 feet minimum width is required from the top of the bank
of any defined drainage channel or stream.
3.
Topsoil addition, final grading,
seeding, and all plantings of flora must be completed within nine months of substantial
completion of the project, or within the first growing season after substantial
completion of the project, whichever comes first. Required landscaping will be maintained
thereafter, with all shrubs, trees, and groundcover being replaced as needed.
21.20.080 Nuisance standards. The nuisance standards of HCC §§ 21.59.010(a)-(f) apply to all development, uses, and structures in this zoning district.
b. Storage of Items for Sale. Products for sale may be displayed outdoors
in unscreened areas only during the open hours of the business. This does not apply to outdoor storage of
items for sale when outdoor storage or sale is permitted in the zoning
district, nor does it apply to items normally kept outdoors, such as motor
vehicles.
c.
Commercial vehicles, trailers, shipping containers and other similar
equipment used for transporting merchandise shall remain on the premises only
as long as required for loading and unloading operations, and shall not be
maintained on the premises for storage purposes unless screened from public
view.
21.20.090 Lighting Standards. a. The
level one lighting standards of HCC § 21.59.030 apply to all developments,
structures and uses in this district.
b. All lighting shall comply with the
Building Lighting and Outdoor lighting sections of the Community Design Manual.
21.20.100 Traffic Standards. A conditional use permit is required for
every use that:
a. Is
estimated to generate more than 100 vehicle trips during any hour of the day
based on the proposed land use and density, or calculated utilizing the Trip
Generation Handbook, Institute of Transportation Engineers (current
edition),
b. Is
estimated to generate more than 500 vehicle trips per day based on the proposed
land use and density, or calculated utilizing the Trip Generation Handbook,
Institute of Transportation Engineers (current edition);
c. Is
estimated to generate an increase in the traffic to more than 100 vehicle trips
during any hour of the day due to a change in land use or intensity of use;
d. Is
expected to generate traffic that will detract from the safety of, or degrade
by one level of service, the highway, road, street, alley or intersection.
Chapter 21.22
GATEWAY BUSINESS DISTRICT
21.22.010 Purpose. The purpose of the Gateway
Business District is primarily to promote mixed-use development, with an
emphasis on visitor-oriented business. Conflicts
between residential and business uses are resolved in favor of business. Among the goals of the Gateway Business
District regulations are the minimization of future traffic congestion along
the Sterling Highway corridor, and preservation of the favorable experience
residents and visitors have when entering Homer by way of the Sterling Highway.
21.22.020 Permitted uses and
structures. The following uses are permitted outright in the Gateway
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. Retail
business;
b. General
business offices and professional offices;
c. Restaurants
and clubs;
d. Hotels
and motels;
e. Single
family, duplex, and multiple family dwellings, including townhouses, but not
including mobile homes;
f. Open
space;
g. Financial
institutions;
h. Home
occupations, provided they conform to the standards in HCC § 21.51.010;
i. Dwelling
units and non-residential uses (if otherwise allowed by this chapter) in the
same building;
j. Religious,
cultural, and fraternal assembly;
k. Entertainment
establishments;
l. Museums and libraries;
m. Public
and private schools;
n. Studios;
o. Rooming
house and bed and breakfast;
p. Personal
service establishments;
q. Customary
accessory uses to any of the permitted uses listed in the GBD district,
provided that separate permit shall not be issued for the construction of any
type of accessory building prior to that of the main building.
21.22.030 Conditional uses and structures. The
following conditional uses may be permitted in the Gateway Business District
when authorized in accordance with HCC Chapter 21.71:
a. More
than one building containing a permitted principal use on a lot.
b. Other
uses approved pursuant to HCC § 21.04.020.
21.22.040 Dimensional requirements. The
following dimensional requirements shall apply to all structures and uses in
the Gateway Business District:
a. Lot
size.
1. The minimum lot area shall be 20,000
square feet. Lawfully existing smaller lot sizes may be newly developed
and used subject to the provision of off-site parking as specified in the City
parking code, HCC Chapter 7.12;
2. Multiple family dwellings shall meet
the standards in HCC § 21.14.040(a)(2);
3. Townhouses shall meet the standards in
HCC § 21.53.010.
b. Building
Setbacks.
1. Buildings shall be set back 20 feet
from all dedicated rights-of-way, except as allowed by subsection (b)(4).
2. Commercial buildings shall be set back
five feet from all other lot boundary lines, except the minimum setback shall
be two feet from all other boundary lines when firewalls are provided and
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.
3. Residential buildings shall be set back
five feet from all other lot boundary lines.
4. If approved by a conditional use
permit, the setback from a dedicated right-of-way may be reduced.
5. Alleys are not subject to a 20-foot setback requirement from dedicated rights-of-way. The setback requirements from any lot line abutting an alley will be determined by the dimensional requirements of subparagraphs (b)(2) and (3) above.
6. Any attached or detached accessory
building shall maintain the same yards and setbacks as the main building.
c. Building
Height. The maximum building height shall be 35 feet.
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% of the lot
area, without an approved conditional use permit.
e. Building
Area and Dimensions – Retail
1. The total floor area of retail business
uses within a single building shall not exceed 8,000 square feet.
2. In buildings with more than 8,000
square feet of building area retail business use (not including the area for
stocking and warehousing) is limited to no more than 8,000 square feet of floor
area.
3. No retail business use, no wholesale
business use, and no building the main use of which is retail business or
wholesale business that is made nonconforming by this chapter may be expanded
or enlarged in any manner beyond the size and intensity that existed on September
26, 2006.
21.22.050 Nonconforming
lots, uses and structures. Any use, lot or structure that is made
nonconforming by adoption or amendment of this chapter shall not be expanded in
any manner that would in any way increase the nonconformity.
21.22.060 Architectural
standards. a. All development will contain variation in detail to
provide visual interest and to avoid monotony. Use of pitched roofs,
breaks in roofs and wall lines and other architectural features will be
utilized. Building materials must simulate quality traditional building
materials such as wood, stone and brick.
b. Architecture
based upon generic franchise design is prohibited. Rather, where
franchise buildings of national chains are proposed, architects will comply
with the Community Design Manual.
c. Architecturally
integrated artwork is encouraged.
21.22.070 Site and Access Plan. a. A zoning
permit for a building or structure within the Gateway Business District shall
not be issued by the City without a level one site plan approved under HCC
Chapter 21.73.
b. No zoning permit for a building or structure may be issued without a level three right-of-way access plan approved by the City under HCC Chapter 21.73.
21.22.080. Site Development Requirements. a. All
development in the GBD shall conform to the level two site development
standards contained in HCC § 21.50.030.
b. All
parking lots and vehicular ways in a development will be paved.
21.22.090 Nuisance Standards. All uses and structures in the GBD shall
conform to the nuisance standards contained in HCC § 21.59.010.
21.22.100 Lighting Standards. All uses and structures in the GBD shall
conform to the level one lighting standards contained in HCC § 21.59.030.
21.22.110 Traffic Requirements. A conditional use permit is required for every
use that is estimated or expected to generate traffic in excess of the criteria
contained in HCC § 21.18.060.
GC1 GENERAL COMMERCIAL 1 DISTRICT
21.24.010 Purpose.
The General Commercial 1 (GC1) District is primarily intended to provide
sites for businesses that require direct motor vehicle access and may require
larger land area, and to provide business locations in proximity to arterials
and transportation centers. It is also
intended to minimize congestion and adverse effects on adjacent residential districts
and on the appearance of the community.
21.24.020 Permitted uses and
structures. The following uses are
permitted outright in the General Commercial 1 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. Air
charter operations and floatplane tie-up facilities;
b. General
business offices and professional offices;
c. Dwelling
units located in buildings primarily devoted to business uses;
d. Auto repair;
e. Auto
and trailer sales or rental areas;
f. Auto
fueling stations and drive-in car washes;
g. Building
supply and equipment sales and rentals;
h. Restaurants,
including drive-in restaurants, clubs and drinking establishments;
i. Garden
supplies and greenhouses;
j. Heavy
equipment and truck sales, rentals, service and repair;
k. Hotels
and motels;
l. Lumberyards;
m. Boat
and marine equipment sales, rentals, service and repair;
n. Mortuaries;
o. Open
air businesses;
p. Parking
lots and parking garages, in accordance with
HCC Chapter 7.12.
q. Manufacturing
of electronic equipment, electrical devices, pottery, ceramics, musical
instruments, toys, novelties, small molded products and furniture;
r. Publishing,
printing and bookbinding;
s. Recreation
vehicle sales, rental, service and repair;
t. Retail
businesses;
u. Trade,
skilled or industrial schools;
v. Wholesale
businesses, including storage and distribution services incidental to the
products to be sold;
w. Welding
and mechanical repair;
x. Parks
and open space;
y. Appliance
sales and service;
z. Warehousing,
commercial storage and mini-storage;
aa. Banks,
savings and loans, credit unions and other financial institutions;
bb. Customary accessory uses to any of the permitted uses listed in the GC1 district, provided that no separate permit shall be issued for the construction of any type of accessory building prior to that of the main building;
cc. Dry
cleaning, laundry, and self-service laundries;
dd. Taxi
operation;
ee. Mobile
food services;
ff. Itinerant
merchants, provided all activities shall be limited to uses permitted outright
under this zoning district;
gg. Recreational
vehicle parks, provided they shall conform to the standards in HCC § 21.55.090.
hh. Day
care homes, provided that a conditional use permit was obtained for the
dwelling, if required by HCC § 21.24.030; all outdoor play areas must be
fenced.
ii. Rooming house and bed and breakfast.
jj. Dormitory.
21.24.030 Conditional uses and structures. The following uses may be permitted in the
General Commercial 1 District when authorized by conditional use permit issued
in accordance with HCC Chapter 21.71:
a. Campgrounds;
b. Crematoriums;
c. Multiple
family dwelling;
d. Public
utility facility or structure;
e. Mobile
home parks;
f. Planned
unit developments;
g. Townhouses;
h. Pipelines
and railroads;
i. Heliports;
j. Shelter
for the homeless, provided any lot used for such shelter does not abut an RO, RR, or UR zoning district;
k. More
than one building containing a permitted principal use on a lot.
l. Day care facilities; provided,
however, that outdoor play areas must be fenced.
m. Other
uses approved pursuant to HCC § 21.04.020.
n. Indoor
recreational facilities;
o. Outdoor
recreational facilities.
21.24.040 Dimensional requirements. The following dimensional requirements shall apply
to all structures and uses in the General Commercial 1 District:
a. Lot
Size. The minimum lot size is 10,000
square feet.
b. Building
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 subparagraphs
(2) and (3) 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;
3. Any attached or detached accessory
building shall maintain the same yards and setbacks as the main building.
c. Building
Height. The maximum building height
shall be 35 feet.
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.
e. Building
Area and Dimensions ‑ Retail and Wholesale.
1. In that area south of Beluga Lake,
identified as the Ocean Drive GC1: The total square feet of floor area of
retail and wholesale business uses within a single building shall not exceed
35,000 square feet.
2. In that area east of Alder Lane,
identified as the East End Road GC1: the total square feet of floor area of
retail and wholesale business uses within a single building shall not shall not
exceed 66,000 square feet.
3. In that area west of Baycrest Park,
identified as Scenic Gateway GC1: the total square feet of floor area of retail
and wholesale business uses within a single building shall not exceed 25,000
square feet.
4. No conditional use permit, Planned Unit
Development, or variance may be granted that would allow a building to exceed
the limits of these subparagraphs (e)(1), (2) and (3) and no nonconforming use
or structure may be expanded in any manner that would increase its
nonconformance with the limits of subparagraphs (e)(1), (2) and (3).
5. Any building the main use of which is retail business, wholesale business, or a combination of the two shall not exceed 66,000 square feet of foot print area.
f. Screening. When one or more side or rear lot lines abut
land within an RO, RR, or UR district or
when a side or rear yard area is to be used for parking, loading, unloading or
servicing, then those side and rear yard areas shall be effectively screened by
a wall, fence, or other sight-obscuring screening. Such screening shall be of a height adequate
to screen activity on the lot from outside view by a person of average height
standing at street level.
21.24.050 Site and Access Plans. a. A zoning permit for any use or structure within
the General Commercial 1 District shall not be issued by the City without a level
one site plan approved by the City under HCC Chapter 21.73.
b. No zoning permit may be granted for any use or structure without a level two right‑of‑way access plan approved by the City under HCC § 21.73.100.
21.24.060 Traffic Requirements. A conditional use permit is required for
every use that is estimated or expected to generate traffic in excess of the
criteria contained in HCC § 21.18.060.
21.24.070 Site Development Requirements. All development on lands in this district
shall conform to the level two site development standards set forth in HCC § 21.50.030.
21.24.080. Nuisance
standards. The nuisance standards of
HCC § 21.59.010 apply to all development, uses, and structures in this zoning
district.
21.24.090 Lighting Standards. The level one lighting standards of HCC §
21.59.030 apply to all development, uses, and structures in this zoning
district.
Chapter 21.26
GC2 GENERAL COMMERCIAL 2 DISTRICT
21.26.010 Purpose.
The purpose of the General Commercial 2 District is primarily to provide
a sound area for heavy commercial and industrial uses within the community
designed to permit manufacturing, processing, assembly, packaging, or treatment
of products and other uses described in this chapter. Residential uses and certain retail
enterprises are purposely limited.
21.26.020 Permitted uses and structures. The following uses are permitted outright in
the General Commercial 2 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. Production,
processing assembly and packaging of fish, shellfish and seafood products;
b. Construction,
assembly and storage of boats and boat equipment;
c. Manufacture
and assembly of pottery and ceramics, musical instruments, toys, novelties, small
molded products, electronic instruments and equipment and electrical devices;
f. Research
and development laboratories;
g. Trade,
skills or industrial schools;
h. Publishing,
printing and book binding facilities;
i. Auto,
trailer, truck, recreational vehicle and heavy equipment sales, rentals,
service and repair, excluding storage of vehicles or equipment that are
inoperable or in need of repair;
j. Storage
and distribution services and facilities, including truck terminals, warehouses
and storage buildings and yards, contractors’ establishments, lumberyards and
sales, or similar uses;
k. Airports
and air charter operations;
l. Heliports;
m. Underground
bulk petroleum storage;
n. Cold
storage facilities;
o. Parking
lots and parking garages, in accordance with HCC Chapter 7.12;
p. Mobile
commercial structures;
q. Accessory
uses to the uses permitted in the GC2 district that are clearly subordinate to
the main use of the lot or building, such as wharves, docks, restaurant or
cafeteria facilities for employees; or caretaker or dormitory residence if
situated on a portion of the principal lot: provided that separate permits
shall not be issued for the construction of any type of accessory building
prior to that of the main building..
r. Taxi
operation;
s. Mobile
food services;
t. Itinerant
merchants, provided all activities shall be limited to uses permitted outright
under this zoning district;
u. Recreational
vehicle parks, provided they shall conform to the standards in § 21.55.090.
v. Hotels and motels.
w. Dormitory.
21.26.030 Conditional uses and structures. The following uses may be permitted in the
General Commercial 2 District when authorized by conditional use permit issued in
accordance with HCC Chapter 21.71:
a. Mobile
home parks;
b. Construction
camps;
c. Extractive
enterprises, including the mining, quarrying and crushing of gravel, sand and
other earth products and batch plants for asphalt or concrete;
d. Bulk
petroleum product storage above ground;
e. Planned
unit developments, excluding residential uses;
f. Campgrounds;
g. Junk
yard;
h. Kennels;
i. Public
utility facilities and structures;
j. Pipelines
and railroads;
k. Impound
yards;
l.
Shelter for the homeless,
provided any lot used for such shelter does not abut an urban, rural or office
residential zoning district;
m. More
than one building containing a permitted principal use on a lot.
n. Day
care facilities; provided, however, that outdoor play areas must be
fenced.
o. Group
care homes and assisted living homes.
p. Other
uses approved pursuant to HCC § 21.04.020.
q. Indoor
recreational facilities;
r. Outdoor
recreational facilities.
21.26.040 Dimensional requirements. The following dimensional requirements shall apply
to all structures and uses in the General Commercial 2 District:
a. Lot
Size. The minimum lot size is 10,000
square feet.
b. Building
Setbacks.
1. 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 ten feet from all other lot boundary lot lines.
3. Any accessory building shall maintain
the same yards and setbacks as the main building.
c. Building
Height.
1. The maximum building height is 35 feet, except as provided in subsection (c)(2).
2. If approved by conditional use permit,
buildings up to 55 feet in height may be allowed.
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.
e. Building
Area and Dimensions – Retail and Wholesale.
1. The total floor area of retail and
wholesale business uses within a single building shall not exceed 45,000 square
feet.
2. No conditional use permit, Planned Unit
Development or variance may be granted that would allow a building to exceed
the limits of subparagraph (e)(1) and no nonconforming use or structure may be
expanded in any manner that would increase its nonconformance with the limits
of subparagraph (e)(1).
3. Any building the main use of which is
retail business, wholesale business, or a combination of the two shall not
exceed 66,000 square feet of footprint area.
21.26.050 Site and Access Plan. a. A zoning permit for a building or
structure within the General Commercial 2 District shall not be issued by the
City without a level two site plan approved under HCC Chapter 21.73.
b. No zoning permit may be granted without
a level two right-of-way access plan approved by the City under HCC Chapter
21.73.
21.26.060 Traffic Requirements. A conditional use permit is required for every
use that it is estimated or expected to exceed the criteria contained in HCC §
21.18.060.
21.26.070. Site Development Requirements. All development shall conform to the Site
Development Requirements contained in HCC § 21.50.030.
21.26.080 Nuisance Standards. The nuisance standards of HCC § 21.59.010
apply to all development, uses, and structures in this zoning district.
21.26.090. Lighting Standards. The level one lighting standards of HCC §
21.59.030 apply to all development, uses, and structures in this zoning
district.
Chapter 21.28
MC MARINE COMMERCIAL DISTRICT
21.28.010 Purpose.
The purpose of the Marine Commercial District is primarily for water-related
and water-dependent uses and the business and commercial uses that serve and
support them, including but not limited to fishing, marine transportation,
off-shore energy development, recreation and tourism. It is recognized that unique natural features
of Homer’s marine environment contribute significantly to the economic and
social environments, therefore performance standards are required to minimize
the impact of development on the natural features on which they depend.
21.28.020 Permitted uses and structures. The following uses are permitted outright in
the Marine Commercial 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. Boat
charter offices;
b. Marine
equipment and parts sales and services;
c. Retail
stores limited to the sale of seafood products, sporting goods, curios, and
arts and crafts;
d. Business
offices for water-dependent and water related activities such as fish brokers,
off-shore oil and gas service companies, and stevedores;
e. Customary
accessory uses that are clearly subordinate to the main use of the lot or
building such as piers or wharves, provided that separate permits shall not be
issued for the construction of an accessory structure prior to that of the main
structure;
f. Mobile
food services;
g. Itinerant
merchants, provided all activities shall be limited to uses permitted outright
under this zoning district;
h. Recreational vehicle parks, provided they shall conform to the standards in HCC § 21.55.090.
21.28.030 Conditional uses and structures. The following uses may be permitted in the Marine
Commercial District when authorized by conditional use permit issued in
accordance with HCC Chapter 21.71:
a. Restaurants
and drinking establishments;
b. Cold-storage
facilities;
c. Public
utility facilities and structures;
d. Dredge
and fill when required for construction or maintenance of a structure devoted
to one or more uses that are permitted or conditionally permitted in this
district;
e. Wholesale
outlets for marine products;
f. Pipelines
and railroads;
g. Heliports;
h. Hotels
and motels;
i. More
than one building containing a permitted principal use on a lot.
j. Planned
unit developments, limited to water-dependent and water-related uses;
k.
Indoor recreational facilities;
l. Outdoor recreational facilities;
m. Campgrounds;
n. Manufacturing,
processing, cooking, and packing of seafood products.
o. Other
similar uses, if approved after a public hearing by the Planning Commission,
including but not limited to those uses authorized in the Marine Industrial
district under HCC §§ 21.30.020 and 21.30.030, provided the commission finds
the use meets the following standards and requirements:
1. The proposed use is compatible 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. If City-owned land, the Port and Harbor Commission, after a public hearing, has made a written recommendation to the Planning Commission concerning the proposed use, including specifically whether conditions (1) through (3) of this subsection are or may, with appropriate conditions, be met by the proposed use.
21.28.040 Dimensional Requirements. The following dimensional requirements shall apply
to all structures and uses in the marine commercial district:
a. The
minimum lot size is 20,000 square feet, except for lots lawfully platted before
December 12, 2006. The minimum lot
width is 150 feet, except for lots lawfully platted before December 12,
2006.
b. Buildings
shall be setback 20 feet from all dedicated rights-of-way and five feet from
all other lot boundary lines. Alleys are
not subject to a 20 foot setback requirement.
c. The
maximum building height is 35 feet.
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.
e. Building
Area and Dimensions ‑ Retail and Wholesale.
1. The 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, Planned Unit Development, or variance be granted that would allow a
building to exceed the limits of subparagraph (e)(1) and no nonconforming use
or structure may be expanded in any manner that would increase its
nonconformance with the limits of subparagraph (e)(1).
21.28.050 Site and Access Plan. a. A zoning permit for any use or structure within the Marine Commercial District shall not be issued by the City without a level one site plan approved by the City under HCC Chapter 21.73.
b. A
zoning permit for any use or structure shall not be issued without a level one right-of-way
access plan approved by the City under HCC Chapter 21.73.
21.28.060 Traffic Requirements. A conditional use permit is required for all
uses that are estimated or expected to generate traffic in excess of the
criteria contained in HCC § 21.18.060.
21.28.070 Site Development Requirements. All development shall conform to the Site
Development Requirements contained in HCC § 21.50.030 and the following:
a. Development
shall not impair or unnecessarily impede use by the public of adjacent publicly-owned
tidelands.
b. The
location of buildings and roads shall be planned to minimize alteration to the
natural terrain.
c. Grading
and filling shall not alter the storm berm except as necessary to correct
unsafe conditions.
d. Point
source discharges to a waterway shall be in conformance with the Alaska
Department of Environmental Conservation regulations.
21.28.080 Nuisance Standards. All development and structures shall conform
to the Nuisance Standards contained in HCC § 21.24.080.
21.28.090 Lighting Standards. All uses and development shall conform to the
Lighting Standards contained in HCC § 21.24.090.
Chapter 21.30
MI
MARINE INDUSTRIAL DISTRICT
21.30.010 Purpose.
The purpose of the Marine Industrial District is primarily to provide
adequate space for those water-dependent industrial uses that require direct
marine access for their operation, such as fishing, fish processing, marine
transportation, off-shore oil development and tourism; giving priority to those
water-dependent uses over other industrial, commercial and recreational
uses.
21.30.020 Permitted uses and structures. The following uses are permitted outright in
the Marine Industrial 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. Port
and harbor facilities;
b. Manufacturing,
processing and packing of sea products;
c. Cold-storage;
d. Dry
docks;
e. Wharves
and docks, marine loading facilities, ferry terminals, marine railways;
f. Marine
equipment sales, rentals, service, repair and storage.
g. Boat
launching or moorage facilities, marinas, boat charter services;
h. Warehouse
and marshaling yards for storing goods awaiting transfer to marine vessels or off-loaded
from a marine vessel and awaiting immediate pickup by land-based
transportation;
i. Other
similar uses, if approved after a public hearing by the Commission, including but not limited to those uses
authorized in the Marine Commercial District under HCC §§ 21.28.020 and 21.28.030,
provided the Commission finds the use meets the following standards and
requirements:
1. The proposed use is compatible with the
purpose of Marine Industrial District or provides a necessary service to
water-dependent industry,
2. The proposed use is compatible with
land use development plans for the Homer Spit and the comprehensive plan,
3. Public facilities and services are
adequate to serve the proposed use, and
4. The Port and Harbor Commission, after a
public hearing, has made a written recommendation to the Commission concerning the
proposed use, including specifically whether conditions (1) through (3) of this
subsection are or may, with appropriate conditions, be met by the proposed use;
j. Mobile
food services;
k. Itinerant
merchants, provided all activities shall be limited to uses permitted outright
under this zoning district;
l. Recreational vehicle parks, provided they shall conform to
the standards in HCC § 21.55.090.
21.30.030 Conditional uses and structures. The following uses may be permitted in the
Marine Industrial District when authorized by conditional use permit issued in
accordance with HCC Chapter 21.71:
a. Planned
unit development, limited to water-dependent or water-related uses and
excluding all dwellings;
b. Boat
sales, rentals, service, repair and storage, and boat manufacturing;
c. Restaurants
and drinking establishments;
d. Extractive
enterprises related to other uses permitted in the district;
e. Campgrounds;
f. Bulk
petroleum storage;
g. Caretaker’s
residence as an accessory to a permitted or conditionally permitted use;
h. Heliports;
i. Pipelines
and railroads;
j. More
than one building containing a permitted principal use on a lot.
k. Permitted
uses that exceed 100 vehicles during peak hour or more than 500 vehicles per
day based on the proposed land use and density, calculated utilizing the Trip
Generation Manual, Institute of Traffic Engineers, most current edition;
l. Indoor recreational facilities;
m. Outdoor
recreational facilities.
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. 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. 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).
21.30.050 Site and access plan. a. A zoning permit for a building or structure within the Marine Industrial District shall not be issued by the City without a level two site plan approved under HCC Chapter 21.73.
b. No
zoning permit may be granted without a level two right-of-way access plan
approved under HCC Chapter 21.73.
21.30.060 Traffic Requirements. A conditional use permit is required for every
use that is estimated or expected to generate traffic in excess of the criteria
contained in HCC § 21.18.060.
21.30.070 Site Development Requirements a. All site development shall conform to the level
two site development standards contained in HCC § 21.50.030.
b. Point
source discharges to a waterway shall be in conformance with the Alaska
Department of Environmental Conservation regulations.
21.30.080 Nuisance Standards. The nuisance standards of HCC § 21.59.010
apply to all development, uses, and structures in this zoning district.
21.30.090. Lighting Standards. The level one lighting standards of HCC §
21.59.030 apply to all development, uses, and structures in this zoning
district.
Chapter 21.32
OSR OPEN SPACE--RECREATION DISTRICT
21.32.010 Purpose.
The purposes of the open space recreation district are primarily to
promote public recreational opportunities while protecting and preserving the natural
and scenic resources of the area and public access to tidelands. Generally, pedestrian uses are given priority
over motorized uses.
21.32.020 Permitted uses and structures. The following uses are permitted outright in
the open space--recreation district:
a. Marine
recreation activities such as fishing and boating;
b. Open
space, such as park playground and related recreation activities;
c. Marine-life
raising or production for recreational purposes, but not for commercial fishing
purposes;
d. Marine-life
and wildlife sanctuary or preserve;
e. Recreational
vehicle parks, provided they shall conform to the standards in HCC § 21.55.090.
21.32.030 Conditional uses and structures. The following uses may be conditionally permitted
in the open space recreation district when authorized by conditional use permit
issued in accordance with HCC Chapter 21.71:
a. Public
utility facilities and structures;
b. Any
structures used for uses permitted outright in the district;
c. Fish
gear and boat storage;
d. Campgrounds;
e. Pipelines
and railroads;
f. Parking
areas;
g. Heliports;
h. Other
open space and recreation uses;
i. Indoor recreational facilities;
j. Outdoor
recreational facilities.
21.32.040 Site development standards. Site development in this district must comply
with the level one site development standards set forth in HCC §
21.50.020. The uses and structures allowed
in this district are also subject to the following standards:
a. The
development shall not adversely affect the natural resources such as the
littoral drift pattern and the estuarine environment;
b. The
development shall preserve all pedestrian easements and rights-of-way to the
tidelands. Any application for a new
development shall include a site plan showing these and any other proposed
easements and their dimensions. The
Planning Commission may require additional easements depending on the design,
scale and location of existing public access points;
c. All
structures shall be designed in terms of their height, bulk, scale and
orientation to minimize the interruption of scenic views;
d. The
development shall be compatible with adjacent and nearby properties;
e. The
development can be served by existing public services or facilities;
f. The
development shall not be contrary to the City’s Comprehensive Plan or the State
Coastal Management Program;
g. The
development shall not be inconsistent with the purposes of the district.
21.32.050 Site and access plan. All uses and structures require a level one site
plan approved in advance by the City under HCC Chapter 21.73.
Chapter 21.34
CO CONSERVATION DISTRICT
21.34.010 Purpose. The purposes of the conservation district are
primarily to identify, protect and enhance those public lands that have been
identified by state or federal agencies or the City of Homer as habitat
critical to the maintenance of fish and wildlife resources, and secondarily
including parks whose recreation activities and facilities are passive in
nature, e.g., those activities that include wildlife viewing, nature walks, educational
and interpretive uses and other uses that do not change the character of the
land or disrupt fish and wildlife.
21.34.020 Permitted uses. The following uses are permitted outright in
the conservation district:
a. Fish
and wildlife habitat protection and enhancement; and
b. Marine-life
and wildlife sanctuary or preserve.
21.34.030 Conditional uses. The following uses are conditionally permitted
in the conservation district when authorized by conditional use permit issued
in accordance with HCC Chapter 21.71:
a. Pedestrian
trails, including boardwalks and viewing platforms; and
b. Educational
and interpretive displays and signs; and
c. Parking
lots incidental to a permitted or conditionally permitted use; and
d. Other
conservation uses that will enhance the conservation district, approved by the
Planning Commission, provided, however, a finding of no adverse impact to the
integrity of the fish and wildlife resources and habitat must be found.
21.34.040 Dimensional requirements.
a. Lot
width: Lot width is unrestricted.
b. Lot area: Lot area is unrestricted.
21.38.050 Site development standards. All development in this district shall comply
with the level one site development standards contained in HCC § 21.50.020.
ARTICLE 3
Overlay Districts and Sensitive Areas
Chapter 21.40
BRIDGE CREEK WATERSHED PROTECTION DISTRICT
21.40.010 Purpose. The purpose of this chapter is to prevent the degradation of the water quality and protect the Bridge Creek Watershed to ensure its continuing suitability as a water supply source for the City's public water utility. These provisions benefit the public health, safety, and welfare of the residents of the City of Homer and other customers of the city’s water system by restricting land use activities that would impair the water quality, or increase the cost for treatment.
21.40.020 Description of Area; Authority. a. This chapter applies to the Bridge Creek Watershed Protection District. The district is defined as that area of land bounded by the following description:
Commencing at the intersection of West Hill Road and
Skyline Drive, also being the section corner common to Sections 12 and 13,
Township 6 South, Range 14 West and Sections 7 and 18, Township 6 South, Range
13 West;
Thence northeasterly along Skyline Drive within
Section 7, Township 6 South, Range 13 West, approximately 0.9 miles to the
intersection of Skyline Drive and an unnamed road to Bridge Creek Reservoir,
and the Point of Beginning;
Thence northeasterly along the unnamed road passing
by Bridge Creek Reservoir, within Sections 5, 6 and 7, Township 6 South, Range
13 West, approximately 1.5 miles, to the intersection of the unnamed road with
the road commonly known as Crossman Ridge Road;
Thence easterly and southeasterly along the unnamed
road commonly known as Crossman Ridge Road, within Sections 3, 4 and 5,
Township 6 South, Range 13 West, approximately 2.5 miles, to the intersection
of the unnamed road commonly known as Crossman Ridge Road and Skyline Drive;
Thence southwesterly and
northwesterly along Skyline Drive, within Sections 3, 7, 8, 9 and 10, Township
6 South, Range 13 West, approximately 3.9 miles, to the intersection of Skyline
Drive and the unnamed road to Bridge Creek Reservoir, and the Point of
Beginning;
All within the Seward Meridian, Alaska.
b. This
chapter is adopted pursuant to the authority granted to the city under AS
29.35.020 and Kenai Peninsula Borough Ordinance 99-47. If there is a conflict between this chapter
and any other law or regulation applicable to property or activity in the
Bridge Creek Watershed, then the more restrictive provision(s) shall apply.
c. Excluded
from the regulations of the Bridge Creek Watershed Protection District are
parcels that are within the Bridge Creek Watershed Protection District and from
which all the surface waters drain away from the Bridge Creek Watershed,
provided that the drainage of the entire parcel is proven by survey to be
unable to enter the Bridge Creek Watershed.
The determination of whether a parcel is excluded under this subsection
will be made by the Planning Commission on a case-by-case basis after notice
and a public hearing. The property owner
has the burden of proof.
21.40.040 Compliance. a. No land or structures within the BCWP District shall be used, constructed, occupied, or altered except in conformance with the requirements of this chapter and the other applicable provisions of Title 21 of this code. HCC Chapter 21.70 does apply to the entire BCWP District, notwithstanding the fact that a portion of the district may lie outside of the boundaries of the city. Other provisions of Title 21 generally applicable to interpretation, administration, enforcement, and appeals under the zoning code also apply to this chapter.
b.
The Bridge Creek Watershed Protection District is an overlay district as
to those lands lying within the boundaries of the City of Homer. In the case of irreconcilable conflict
between the provisions of this chapter and the regulations of the applicable
underlying zoning district, the more stringent provision(s) shall be applied.
21.40.045 Permits Required. In the BCWP District, a Zoning Permit issued
under HCC Chapter 21.70 is required for all activity described in HCC § 21.70.010. Notwithstanding any exemptions or contrary
provisions in HCC § 21.70.010 or any other provision of the code, a Zoning
Permit is also required for the following activity in the BCWP District:
a. Construction
or reconstruction that creates Impervious Coverage of 500 square feet or more;
b. Construction,
storage or other activities that, in the aggregate, would exceed 75% of the
allowed Impervious Coverage;
c. Building
construction or activity that requires a septic or sewer system;
d. Construction
or installation of a septic or sewer system, including tanks and leach fields;
e. Repair
that requires excavation of an existing septic or sewer system or leach field,
in whole or in part;
f. Cutting
or clearing of brush or trees, or other disturbance of ground cover over an
area in excess of 2500 square feet;
g. Disturbance
of ground cover within the required setback or buffer of any stream or
reservoir;
h. Construction
in public rights-of-way of a road, trail or driveway;
i. Construction
on private land of a road, trail or driveway longer than 100 feet;
j. Storage
of any matter that produces an impervious cover in excess of 500 square feet
for more than thirty consecutive days;
k. For
any use requiring a conditional use permit in the BCWP district;
1. Construction
or enlargement of an aircraft runway;
m. Construction
of a bridge;
n. Installation
of a culvert or drainage ditch;
o. Diversion
of a stream course;
21.40.048 Zoning Permit Not Required. If they occur outside of stream and reservoir
setbacks and buffers, the following uses do not require a Zoning Permit under HCC
Chapter 21.70. Although excluded from
Zoning Permit requirements, these uses are still subject to all other
applicable requirements of this chapter:
a. Personal
use gardens described in HCC § 21.40.090(c).
b. Other
customary accessory uses incidental to permitted principal uses, provided that
the principal use and all accessory uses do not cumulatively exceed 75% of
limits for impervious cover stated in HCC Chapter 21.40.
c. Cutting
or clearing of brush and trees that cover an area less than 2500 square feet,
provided the underlying ground cover is undisturbed.
d. Lawns
5000 square feet or smaller in contiguous area.
21.40.050 Permitted uses and structures. The following uses and structures are
permitted outright in the BCWP District, except when such use or structure requires
a conditional use permit by reason of its nature, size or other reasons set
forth in this chapter. Permitted uses
and structures remain subject to all applicable provisions of this chapter:
a. Single
family dwelling;
b. Duplex
dwelling;
c. Multiple
family dwelling, provided the structure conforms to HCC § 21.14.040(a)(2);
d. Public
parks and playgrounds;
e. Rooming
houses or bed and breakfast establishments;
f. Storage
of personal commercial fishing gear in a safe and orderly manner;
g. Private
storage in yards, in a safe and orderly manner, of equipment, including trucks,
boats, recreational vehicles and automobiles, provided that all are in good
mechanical and operable condition, and if subject to licensing, currently able
to meet licensing requirements, and further provided that the stored items do
not create impervious cover in excess of the limits in HCC § 21.40.070;
h. Other
customary accessory uses incidental to any of the principal permitted uses
listed in the BCWP District, such as limited personal use gardening as
described in HCC § 21.40.090(c);
i. Temporary
(seasonal) roadside stands for the sale of produce grown on the premises;
j. Mobile
homes, subject to the requirements set forth in HCC § 21.54.060;
k. Day
care homes;
l. Up to four recreational vehicles on a
lot as a temporary dwelling not to exceed ninety days occupancy per vehicle in
any calendar year;
m. Religious,
cultural, and fraternal assembly;
n. Public
schools and private schools;
o. Day
care facilities;
p. Ministorage.
21.40.055 Prohibited Uses. All uses not described in HCC § 21.40.050 and
HCC § 21.40.060 are prohibited in the BCWP District. Without limiting the generality of the
foregoing sentence, the following are examples of uses that under all
circumstances are prohibited:
a. Junkyards
and recycling yards and facilities;
b. Impound
Yards;
c. Dog
lots or other aggregations of more than six dogs over the age of five months;
d. Farming
of swine;
e. Use
of motorized vehicles, off-road vehicles, personal motorized watercraft or
motorized boats on City of Homer properties or upon or in the waters on those
properties, unless the use is expressly authorized by the City of Homer;
f. Racetracks;
g. Any
use or structure requiring an Alaska Department of Environmental Conservation
(ADEC) approved septic or sewer system that is not connected to a properly
functioning ADEC approved septic or sewer system;
h. All
uses that would cause a degradation of the water quality or endanger the
suitability of the Bridge Creek Reservoir as a water supply source for the
City’s public water utility.
21.40.060 Conditional uses and structures. The following uses are permitted in the BCWP District
if authorized by a conditional use permit granted in accordance with HCC
Chapter 21.71 and subject to the other requirements of this chapter:
a. Cemeteries;
b. Public
utility facilities and structures;
c. Timber
harvesting operations, timber growing, and forest crops, provided they conform
to HCC § 21.40.100;
d. Agricultural
activity and stables, if it conforms to HCC § 21.40.090, but not including
farming of swine;
e. Other uses similar to uses permitted and conditionally permitted in the BCWP District, as approved by written decision of the Planning Commission upon application of the property owner and after a public hearing.
f. Uses, activities, structures, exceptions, or other things described as requiring a conditional use permit in HCC § 21.40.080(a), HCC § 21.40.110(b) or any other provision of this chapter.
21.40.070 Requirements. The requirements of this section shall apply
to all structures and uses in the BCWP District unless more stringent
requirements are required pursuant to HCC Chapter 21.71. The City of Homer water utility is exempt
from this section.
a. Impervious
Coverage
1. Lots two and one-half acres and larger
shall have a maximum total Impervious Coverage of 4.2 percent.
2. Lots smaller than two and one-half acres shall have a maximum total impervious coverage of 4.2 percent, except as provided in subsection (a)(3).
3. Lots smaller than two and one-half
acres may be allowed Impervious Coverage up to 6.4 percent if (i) the owner
submits a lot-specific mitigation plan for Planning Commission’s approval, and (ii)
if approved, thereafter implements and continuously complies with the approved
plan. The mitigation plan must be
designed to mitigate the effect of impervious coverage on water flow and the
effect of loss of vegetation created by the impervious coverage.
b. Impervious
Coverage Calculations.
1. For the purpose of calculating
impervious coverage on lots smaller than two and one-half acres, driveways and
walkways may be partially or fully excluded from the calculation, if
constructed and maintained in accordance with a mitigation plan, submitted and
approved in accordance with HCC § 21.40.070(a)(2).
2. Except as otherwise provided in this section,
parcels of land subdivided after February 25, 2003 shall be allowed a total Impervious
Coverage of 4.2 percent including Right-Of-Way (ROW) dedication. ROW Coverage area shall be calculated as 50%
of the total area of the dedicated ROW. The Impervious Coverage allowed for the
subdivided parcels shall be calculated after deducting the ROW Coverage from
the total parcel allowance according to the following formula.
Formula:
(Area
of Parcel being subdivided) x .042 = Total Allowed Impervious Coverage (TAC)
(Area
of ROW dedication) x .5 = ROW Coverage (ROW C)
(TAC)
– (ROW C) = Allowed Impervious Coverage for remainder of parcel being
subdivided
(Area
of Parcel being subdivided) – (area of ROW dedication) = New Parcel area
(Allowed
Impervious Coverage for remainder) ¸ (New Parcel area) x 100 = Percent Impervious
Coverage allowed on subdivided lots.
c. Additional
requirements for subdivisions and lots.
1. Lots created by subdivision after
February 25, 2003 shall be a minimum of 4.5 acres.
2. Applications for subdivisions, dedications, and vacations of easements and rights-of-way in the BCWP District must be approved by the Planning Commission prior to submission to the Kenai Peninsula Borough.
d. Building Setbacks: Buildings must be set back from the Bridge Creek Reservoir and from streams as provided in HCC §§ 21.40.110 and 21.40.120.
e. Sewer Systems: Appropriate to the use of the lot, each lot shall be served by a septic or sewer system approved by the Alaska State Department of Environmental Conservation (ADEC). Stream setbacks equal to 100-feet for drain fields and subsurface discharge and 250-feet for raised septic systems are required.
f. Ongoing Construction and Timber Harvesting: All activities including, but not limited to, timber harvesting, road building, subdivision and building activities involving loss of vegetation ground cover or soil disturbance and that are in process on February 25, 2003 shall be required to obtain permits under HCC Chapter 21.40 and shall fully conform to the terms HCC Chapter 21.40. Activities leaving disturbed or lost vegetative ground cover, disturbed soils without revegetation or leaving slash piles will be considered in process for the purposes of this subsection, regardless of when the activity occurred.
g. Pending Subdivisions: Subdivisions that have not received final plat approval by February 25, 2003, shall obtain approval from the Planning Commission and shall be required to conform to the requirements of HCC Chapter 21.40.
21.40.080 Erosion and sediment control. a. All activities within the BCWP District involving the disturbance of the existing ground cover (i.e., topsoil or vegetation or both) resulting from excavation, grading or filling or other similar activity and involving (i) any area within 500 feet of Bridge Creek Reservoir or 100 feet from any known stream or tributary or (ii) an area in excess of 6,000 square feet, require a conditional use permit approved by the Planning Commission. The conditional use permit must require that the activity comply with a site‑specific Erosion and Sediment Control Plan prepared and signed by a certified hydrologist, professional engineer, or soil scientist whose qualifications to prepare such a plan are reviewed and approved by the Public Works Director.
b. The Erosion and Sediment Control Plan shall ensure compliance with the following requirements:
1. A drainage system shall be provided to direct all runoff from impervious coverage or the disturbed ground either into an engineered drainage system or into a natural drainage, but no runoff shall be discharged untreated directly into the Bridge Creek Reservoir, or any stream or watercourse tributary to Bridge Creek Reservoir.
2. Where open-ditch construction is used to handle drainage within the tract, a minimum of 30 feet shall be provided between any structures and the top of the bank of the defined channel of the drainage ditch.
3. When a closed system is used to handle drainage within the tract, all structures shall be a minimum of ten feet from the closed system.
4. Natural vegetation shall remain undisturbed except as necessary to construct improvements and to eliminate hazardous conditions, in which case it must be replanted with approved materials including ground cover, shrubs and trees. Native vegetation is preferred for replanting operations, and will be used where practicable.
5. Grading must not alter the natural contours of the terrain except as necessary for building sites or to correct unsafe conditions. The locations of buildings, roads and rights-of-way must be planned to follow and conform to existing contours as nearly as possible.
6. Upon completion of earthwork, all exposed slopes, and all cleared, filled, and disturbed soils shall immediately be given sufficient protection by appropriate means, such as landscaping, planting, and maintenance of vegetative cover, or temporary protective measures to prevent erosion.
7. All exposed, cleared, filled and disturbed soils shall be revegetated within the current growing season, unless required to be revegetated sooner by other provisions of this title or other law.
8. Drainage, erosion, siltation, slope failure and other adverse effects may be prevented or controlled by means other than vegetation, if approved by the Planning Commission.
9. Development activities shall not
adversely impact other properties or watershed water quality by causing adverse
alteration of surface water drainage, increased turbidity above natural
conditions, surface water ponding, slope failure, erosion, siltation,
intentional or inadvertent fill, root damage to neighboring trees, or other
adverse physical impacts. The Erosion
and Sediment Control Plan shall address this requirement, and the property
owner and developer shall take such steps, including installation of culverts
or buffers, or other methods, as necessary to comply with this
requirement.
21.40.090 Agricultural activity. a. Except as provided in subsection c., agricultural activity requires a conditional use permit approved by the Planning Commission.
b. The application for a conditional use permit must include a written plan for each proposed agricultural activity or operation that includes the following:
1. Name, address, phone number and approving signature of the landowner and operator.
2. A map showing the area of proposed activity and a written description detailing the activity within that area as follows:
a. the location of all streams, both intermittent and perennial, reservoirs, ponds, wetlands and other surface waters.
b. the boundaries of the agricultural area(s), types of equipment and techniques to be used in the area(s), and the specific operational period(s) for the area(s).
c. the location of feed and stable areas and a description of how animal wastes are to be controlled and disposed of.
d. the location of all buffer areas required to protect water quality;
e. the location of all slopes greater than 20% within the affected property.
f. the location and a description of all areas where fuel, equipment and chemicals will be stored and how spills and other potential threats to water quality will be prevented and responded to.
g. the location of all roads, trails and all structures that will be part of the proposed agriculture operation.
h. Proposed use of fertilizers, pesticides, and herbicides including type, quantities, storage, use and spill contingency plans.
3. An Erosion and Sediment Control Plan if the proposed operation will include ground disturbance covered by HCC § 21.40.080.
4. A copy of the Homer Soil and Water Conservation District’s Soil, Water, Slope and Vegetation Report for the proposed activity.
5. A copy of an executed Cooperative Agreement with the Homer Soil and Water Conservation District.
c. Agricultural activities that are customary and accessory to single‑family residential use are exempt from the requirements of this section only. For purposes of this section, personal use gardening of not more than five separate gardening plots not exceeding 1,000 square feet each with a minimum ten-foot separation of undisturbed ground and incidental keeping of livestock (not more than 3 animals with a density equal to or less than 2.5 animal units per five acres) for personal use will be considered customary and accessory to single-family residential use. Larger or more intense activities are not considered customary and accessory uses.
21.40.100 Timber growing and harvesting operations. a. Except as provided in subsection (c), no timber harvesting, timber growing, or forest crop activities are allowed without a conditional use permit approved by the Planning Commission.
b. The application for a conditional use permit must include a written plan for each proposed timber harvesting, timber growing, or forest crop use or operation that includes the following:
1. Name, address, phone number and approving signature of the landowner, timber rights owner, and operator or logger.
2. A map showing the area of proposed activity and a written description detailing the activity within that area as follows:
a. the location of all streams, both intermittent and perennial, reservoirs, ponds, wetlands, and other surface waters.
b. the location and proposed means of all stream crossings associated with the above waters.
c. the boundaries of the harvest area(s), types of equipment and techniques to be used in the area(s), and the specific operational period(s) for the area(s).
d. the location of all roads that will be constructed, and the location of construction materials if they are to be obtained onsite.
e. the location of all trails not included in subsection d. that will be used for the harvesting, processing, or transportation of timber.
f. the location of all buffer areas required to protect water quality;
g. the location of all slopes greater than 20% within the affected property.
h. the location and a description of all areas where fuel, equipment and chemicals will be stored and how spills and other potential threats to water quality will be prevented and responded to.
i. the location of all structures, logging yards, and storage areas that will be part of the proposed operation.
3. An Erosion and Sediment Control Plan as described in HCC § 21.40.080.
4. In the case of timber harvesting, the reforestation plan specifications.
5. A restoration plan for logging yards, storage areas, stream crossings, log landings, trails, and roads that will not be maintained after a timber harvesting operation.
6. A plan for maintenance and operation for all roads and trails that will remain after the operation.
7. A copy of the Homer Soil and Water Conservation District’s Soil, Water, Slope and Vegetation Report for the proposed activity.
8. A copy of an executed Cooperative
Agreement with the Homer Soil and Water Conservation District.
9. A plan for elimination of slash piles within six months of completion of timber harvesting.
c. Clearing of trees comprising less than 20 cords in one calendar year per lot for noncommercial purposes is exempt from the requirements of this section.
21.40.110 Stream buffers. a. A stream buffer must be preserved and maintained along all perennial and intermittent streams in the BCWP District. The stream buffer must be at least 50 feet on each side of the stream measured from the top of the stream bank. Buildings and other features that require grading or construction must be set back at least ten additional feet from the edge of the buffer. To avoid a decrease in the buffer's effectiveness in protecting the stream the buffer shall remain in natural and undisturbed vegetation.
b. The following exceptions or intrusions into the stream buffer may be granted by conditional use permit approved by the Planning Commission:
1. Street, driveway, culvert, recreational features, intakes, utilities, bridges or other crossings, provided that they are designed to minimize the amount of intrusion into the buffer. The aforementioned structures and improvements may run generally within the stream buffer only where no other access route is available and when their design minimizes the amount of intrusion of the stream buffer.
2. Passive recreational activities, such as walking trails, provided that service facilities for such activities, including but not limited to parking, picnicking and sanitary facilities, are located outside of the buffer.
3. Clearing and re-vegetating the stream buffer for the purposes of improving its pollutant and silt removal efficiency may be permitted based upon clear and convincing proof that efficiency will be improved.
4. Storm water control structures and temporary erosion control structures, provided that:
a. the property owner or applicant demonstrates to the satisfaction of the Public Works Director and Planning Commission that such facilities cannot be practicably located outside of the stream buffer, and that any proposed storm water control structure is sited and designed to minimize disturbance of the stream and stream buffer. Siting storm water control structures away from the stream channel is preferable to siting such structures in the stream channel.
b. a vegetated buffer of a width not less than the minimum recommended by the Public Works Director is provided around the storm water control structures.
c. any land disturbed for construction of these structures is immediately revegetated.
5. Timber harvest operations, provided that:
a. along perennial streams the buffer must include, but is not limited to, a 50-foot permanent buffer of undisturbed natural vegetation and an additional 75-foot buffer area of selective logging leaving no less than 30% of the original standing timber; and
b. along intermittent streams or drainages the buffer must include, but is not limited to, a 25-foot buffer area of selective logging leaving no less than 30% of the original standing timber; and
c. vegetation sufficient to stabilize the soil shall be established on all disturbed areas.
21.40.120 Bridge Creek Reservoir Buffer. A 500-foot reservoir buffer must be maintained from the banks of the Bridge Creek Reservoir, measured at normal full water level. The reservoir buffer must remain in undisturbed natural vegetation. The facilities and improvements of the city water utility are exempt from this section.
21.40.130 Exceptions to buffers. a. A conditional use permit is required for any intrusion into a required buffer including, but not limited, to those intrusions and exceptions listed in HCC § 21.40.110 (b). When any approved intrusion into a buffer involves excavation or clearing, the conditional use permit must require the disturbed area to be revegetated immediately.
b. Upon application of the property owner, the Planning Commission may grant a conditional use permit to reduce the reservoir buffer requirements on a case-by-case basis only if it finds that:
1. The full reservoir buffer would result in an exceptional hardship, depriving the property owner of the economic advantages of ownership, i.e., all potential for appreciation and all opportunity for development of the property. Mere failure to realize the maximum appreciation or full development potential from the property shall not be considered an exceptional hardship.
2. The intrusion into the reservoir buffer is the minimum necessary to relieve that exceptional hardship.
3. The intrusion will not cause a degradation of the water quality or endanger the suitability of the Bridge Creek Reservoir as a water supply source for the City's public water utility.
In making such findings, the Planning Commission must consider topography, water quality protection, erosion potential, surrounding uses, the size of the parcel, and any other relevant factors. A site plan and an erosion and sediment control plan must be provided by the property owner. The Planning Commission must impose any conditions necessary to protect the water quality and ensure continued suitability of the Bridge Creek Reservoir as a water supply source for the City's public water utility.
c. Upon application of the property owner, the Planning Commission may grant a conditional use permit, on a case-by-case basis, to pipe an intermittent or perennial stream, thereby reducing or eliminating stream buffer requirements, only if it finds that:
1. For intermittent streams, the owner demonstrates that such piping is necessary to allow reasonable use of the property or for purposes of public safety.
2. For perennial streams, the owner or applicant demonstrates that use of the property without such piping will cause an exceptional hardship, depriving the property owner of the economic advantages of ownership, i.e., all potential for appreciation and all opportunity for development of the property. Mere failure to realize the maximum appreciation or full development potential from the property shall not be considered an exceptional hardship.
3. The intrusion will not cause a degradation of the water quality or endanger the suitability the Bridge Creek Reservoir as a water supply source for the City's public water utility.
If the Planning Commission approves a conditional use permit for stream piping, it must impose conditions requiring a vegetated buffer area or other device approved by the Public Works Director to protect the stream at any intake structure and other conditions as necessary to control erosion and sedimentation. All buffers and physical improvements related to the stream piping must be located entirely on the affected property or on easements adjacent to the property.
21.40.135 Nonconforming lots, uses, and structures. a. Except as otherwise provided in this section, lawfully subdivided lots, lawful existing uses, and lawfully constructed existing structures and improvements that are rendered unlawful by the adoption of this chapter or by any amendment to this chapter shall be treated as nonconforming.
b. No aspect of any nonconforming lot, use, structure, improvement, or any other kind of nonconformity in the BCWP District shall expand or increase in size or degree of nonconformance beyond the nonconformity existing on the effective date of the enactment that rendered it unlawful.
c. Nothing in this section shall be construed to exempt ongoing activities or pending plats from the requirements from the requirements of HCC § 21.40.070 (g) or (h) or to be an exemption from any other provision of this chapter that specifically applies to any activity or thing in progress on the effective date of the enactment.
d. Nothing in this section shall be construed to allow any preexisting or ongoing violation of HCC § 21.40.140 to continue.
21.40.140 Pollution Prohibited. No person shall pollute, poison, defile or corrupt the waters of the Bridge Creek Watershed nor throw or deposit offal, refuse, rubbish, garbage, dead animals, excrement, hazardous material, petroleum product, or any foul, offensive or noxious matter into the waters of the Bridge Creek Watershed or upon these waters when frozen, or upon the shores of these waters and the land constituting the watershed. No person shall cause, allow or permit any sewage, drainage, refuse or polluting matter, that either by itself or in connection with other matter will tend to corrupt or impair the quality of the water of said watershed, or tend to render it injurious to health, to discharge, drain, percolate or permeate into the watershed.
21.40.150 Enforcement. a. In the event that any person holding a
conditional use permit issued under this chapter violates the terms of the
permit or any person implements site development in such a manner as to
adversely affect or endanger the water quality in the Bridge Creek Watershed,
the City Planner may issue a stop work order or suspend or revoke a conditional
use permit. A stop work order or
suspension of a conditional use permit may be imposed immediately and without
prior notice to stop or prevent imminent material harm to the water quality,
provided that notice and a reasonable opportunity for a hearing must be
provided promptly after the issuance of the order or suspension. A conditional use permit may be revoked
permanently or suspended for longer than thirty days only after notice and a
reasonable opportunity for a hearing. A
revocation or suspension of a conditional use permit for longer than thirty
days must be done by written decision.
b. The City may also issue other stop work orders and take other enforcement actions under HCC Chapter 21.90.
c The City may also exercise one or more other legal, equitable or other remedies available to it, including, but not limited to, criminal prosecution and the imposition of civil penalties by the City Manager under HCC 1.16.020.
d. In addition to the penalties provided for herein, the City may apply to a court of competent jurisdiction for an order upon the parties responsible to cease any use or activity, or to re-establish or restore any or all of the grade, slope, stability, vegetation, drainage and other features and systems of a property in order to eliminate or prevent an adverse impact upon any adjacent or subservient property located in the Bridge Creek Watershed or to prevent degradation of the water quality, and for such other and further relief as may be appropriate in the circumstances.
Chapter 21.41
FLOOD PRONE AREAS
21.41.010 Purpose and Intent a. This chapter designates and classifies ecologically sensitive and hazardous areas, protects the functions and values of the areas, and provides the means for additional review and protection to ensure the continued growth in a safe, orderly fashion for the greater health, welfare and safety of all Homer residents.
b. The purpose of the chapter is to protect the public from flooding and other natural hazards, to minimize the need for emergency rescue, to protect unique, fragile, and vulnerable elements of the environment, to minimize the cost of replacing public facilities, to alert the public of these critical areas, to avoid public subsidy of private development impacts, to assist property owners in developing their property by promoting innovative land use techniques; and to work in concert with other land use regulations.
21.41.020
Applicability This chapter
applies to all lands within the City of Homer and the Bridge Creek Watershed
Protection District that contain area of special flood hazard, including
coastal hazard areas, and to all development on those lands. This chapter constitutes
an overlay district, and the regulations in this chapter apply to lands in that
overlay district in combination with the regulations of the underlying zoning
districts. This chapter imposes regulations
and standards in addition to what is required by the underlying zoning
district(s).
21.41.030 Definitions. . For the purposes of this chapter, the following words and phrases shall be defined as follows:
"Accessory structures" mean low cost buildings such as detached garages, boat houses, small poles, not to be used for human habitation, shall be constructed and placed on the building site so as to offer minimum resistance to the flow of flood waters; shall be anchored to prevent flotation which may result in damage to other structures; and service utilities such as electrical and hearing equipment shall be elevated or flood-proofed. No elevation certificate or variance is required for a development determined by the City to be an accessory structure.
"Appeal" means a request for a review of the interpretation of any
provision of this chapter or a request for a variance.
"Area of shallow flooding" means a designated AO, or AH
Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from
one to three feet; a clearly defined channel does not exist; the path of
flooding is unpredictable and indeterminate; and, velocity flow may be evident.
AO is characterized as sheet flow and AH indicates ponding.
"Area of special flood hazard" means the land in the
floodplain within the city subject to a one percent or greater chance of
flooding in any given year. Designation on maps always includes the letters A
or V.
"Base flood" means the flood having a one percent chance of being
equaled or exceeded in any given year. Also referred to as the "100-year
flood." Designation on maps always includes the letters A or V.
"Basement" means any area of the building having its floor subgrade
(below ground level) on all sides.
"Breakaway Wall" means a wall that is not part
of the structural support of the building and is intended through its design
and construction to collapse under specific lateral loading forces without
causing damage to the elevated portion of the building or supporting foundation
system.
"Coastal high hazard area" means an area of special flood
hazard extending from offshore to the inland limit of a primary frontal dune
along an open coast and any other area subject to high velocity wave action
from storms or seismic sources. The area is designated on the FIRM as Zone
V1-V30, VE or V.
"Critical facility" means a facility for which
even a slight chance of flooding might be too great. Critical facilities
include, but are not limited to: schools, nursing homes, hospitals, police,
fire and emergency response installations, installations that produce, use or
store hazardous materials or hazardous waste, access roads, water supply,
power, communications and other public utility facilities that are vital to
maintaining or restoring services.
"Development" means any manmade change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations, storage
of equipment or materials, or any other activity which results in the removal
of substantial amounts of vegetation or in the alteration of nature site
characteristics located within the area of special flood or coastal high
hazard.
"Elevated building" means for insurance purposes,
a nonbasement building which has its lowest elevated floor raised above ground
level by foundation walls, shear walls, post, piers, pilings, or columns.
"Flood" or "flooding" means a general and
temporary condition of partial or complete inundation of normally dry land
areas from one or both of the following:
a. The
overflow of inland or tidal waters.
b. The
unusual and rapid accumulation of runoff of surface waters from any source.
"Federal Emergency Management Agency" or "FEMA" is
the agency responsible for administration of the National Flood Insurance
Program.
"Flood hazard area" means the land area covered by
the flood, having a one percent chance of occurring in any given year. See also
"100-year flood".
"Flood insurance rate map" or "FIRM"
means the map of the city issued by the FEMA which delineates the area subject
to the 100-year flood, the water surface elevation of the base flood and the
flood insurance rate zones.
"Flood insurance study" means the official report
provided by the Federal Insurance Administration that includes flood profiles,
the Flood Boundary-Floodway Map, and the water surface elevation of the base
flood.
"Floodway" means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than a
designated height, usually one foot, at any point.
"Functionally dependent use" means a use that cannot
perform its intended purpose unless it is located or carried out in close
proximity to water. Their term includes only docking facilities and port
facilities that are necessary for the loading and unloading of cargo or
passengers, and ship building and ship repair facilities.
"Lowest floor" means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood-resistant enclosure, usable solely
for parking of vehicles, building access or storage, in an area other than the
basement area, is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of this chapter found at HCC §
21.41.220(a).
"Manufactured home" means a structure,
transportable in one or more sections, which is built on a permanent chassis
and is designed for use with or without a permanent foundation when connected
to the required utilities. For flood plain management purposes, the term
"manufactured home" also includes recreational vehicles, travel
trailers, and other similar vehicles placed on site for greater than 180
consecutive days. For insurance purposes the term "manufactured home"
does not include recreational vehicles, travel trailers, and other similar
vehicles.
"100-year flood" (also called "regulatory
flood," "base flood" or "special flood hazard
area") means a flood of a magnitude which can be expected to occur on
an average of once every 100 years. It is possible for this size flood to occur
during any year, and possibly in successive years. It would have a one percent
chance of being equaled or exceeded in any year. Statistical analysis of
available stream flow or storm records, or analysis of rainfall and runoff
characteristics of the watershed, or topography and storm characteristics are
used to determine the extent and depth of the 100-year flood.
"Start of construction" includes substantial
improvement, and means the date the development permit was issued, provided the
actual start of construction, repair, reconstruction, placement or other
improvement was within 180 days of the permit date. The actual start means
either the first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the
placement of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling; nor does
it include the installation of streets or walkways; nor does it include
excavation for a basement, footings, piers, or foundation or erection of
temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or
not part of the main structure.
"Structure" means a walled and roofed building, including liquid or
gas storage tank, as well as a manufactured home that is principally above
ground.
"Substantial damage" means damage of any origin
sustained by a structure whereby the cost of restoring the structure to its
before damaged condition would equal or exceed 50 percent of the market value
of the structure before the damage occurred.
"Substantial improvement" means any repair,
reconstruction, or improvement of a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure either:
a. Before
the improvement or repair is started; or
b. If the
structure has been damaged and is being restored, before the damage occurred.
For the purposes of this definition "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling, floor, or
other structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure.
The term does not, however,
include either:
a. Any project for improvement of a structure to
comply with existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living conditions, or
b. Any
alteration of a structure listed on the National Register of Historic Places or
a State Inventory of Historic Places.
"Variance" means a grant of relief from the requirements of this
chapter, which permits construction in a manner that would otherwise be
prohibited by this chapter.
"Water dependent" means a structure for commerce
or industry, which cannot exist in any other location and is dependent on the
water because of the intrinsic nature of its operations.
21.41.040 Basis for
establishing flood hazard areas. Flood hazard areas are identified by the Flood
Insurance Rate Maps with an effective date of June 16, 1999. The Flood
Insurance Rate Maps are adopted by reference and declared to be a part of this
chapter. The Flood Insurance Rate Maps are on file at the planning department. Any
flood information that is more restrictive or detailed than the FEMA data can
be used for flood loss reduction and purposes, including wetland, erosion and
drainage mapping.
21.41.050 Warning; no liability. The degree of flood protection required by
this chapter is considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by manmade or natural causes.
This chapter does not imply that land outside the areas of special flood
hazards or uses permitted within such areas will be free from flooding or flood
damages. This chapter shall not create liability on the part of the City of
Homer, any officer or employee thereof, or the Federal Insurance
Administration, for any flood damages that result from reliance on this chapter
or any administrative decision lawfully made thereunder.
21.41.060
Noncompliance; violations; enforcement. a. No structure or land shall after April 29,
2003, be constructed, located, extended, converted, or altered without full
compliance with the terms of this chapter and other applicable regulations.
b. Violations of
this chapter are infractions, and are subject to criminal penalties pursuant to
HCC Chapter 1.16.
c. In addition, the
city may take any other lawful action as necessary to prevent or remedy any
violation, including but not limited to all enforcement and civil remedies
available under this title and HCC Chapter 1.16.
21.41.070
Development permit required. A development
permit shall be obtained before construction or development begins within flood
hazard areas established in HCC § 21.41.040. The permit shall be for all
structures and for all other development including fill and other activities.
Application for a development permit shall be made on forms furnished by the
City and shall include but not be limited to: plans in duplicate drawn to scale
showing the nature, location, dimensions, and elevations of the area in
question; existing or proposed structures, fill, storage of materials, drainage
facilities, and the location of the foregoing. Specifically, the following
information is required:
a. Elevations to be
determined by registered state land surveyors in relation to mean sea level of
the lowest floor (including basement) of all structures;
b. Elevation in
relation to mean sea level to which any structure has been flood proofed;
c. Certification by
a registered professional engineer or architect that the flood proofing methods
for any nonresidential structure meet the flood proofing criteria in HCC § 21.41.220(b);
d. Description of
the extent to which a watercourse will be altered or relocated as a result of
proposed development.
21.41.080
Administration by planning department. The planning
department, acting under the direction of the City Planner, is appointed to
administer, implement, and enforce this chapter by granting or denying
development permit applications and otherwise acting in accordance with its
provisions.
21.41.090 Functions
and powers of planning department. The functions and
powers of the planning department include:
a. Permit
Application Review.
1. Review all development permit applications to
determine that the permit requirements have been met,
2. Review all development permit applications to
determine that all necessary permits have been obtained from those federal,
state, or local governmental agencies from which prior approval is required,
3. Review all development permit applications to
determine if the proposed development is located in the floodway. If located in
the floodway, assure that the encroachment provisions of HCC § 21.41.230(a) are
met.
b. Issue Permit.
1. Upon determination that the submitted and
recorded information connected with the permit application meets the terms of
this chapter, the planning department shall issue a floodplain development
permit to the original applicant.
2. The floodplain development permit shall be
valid for a period of one year from the issue date.
3. The floodplain development permit is not
assignable without permission from the planning department.
c. Use of Other Base
Flood Data. When base flood elevation data has not been provided in accordance
with HCC § 21.41.220 the Planning Department shall obtain, review, and
reasonably utilize any base flood and floodway elevation data available from a
federal, state or other source, in order to administer HCC §§ 21.41.220(a)-(b) and 21.41.230.
d. Information to be
Obtained and Maintained.
1. Where base flood elevation data is provided
through the Flood Insurance Study or required in HCC § 21.41.090(c) , record
the actual elevation as submitted (in relation to mean sea level) of the lowest
floor (including basement) of all new or substantially improved structures, and
whether or not the structure contains a basement;
2. For all new or substantially improved flood
proofed structures:
a. Record the actual elevation as submitted (in
relation to mean sea level); and,
b. Maintain the flood proofing certifications
required in HCC § 21.41.070(c);
3. Maintain for public inspection all records
pertaining to the provisions of this chapter.
e. Alteration of
Watercourses.
1. Notify adjacent communities and the Alaska
Department of Community and Economic Development prior to any alteration or
relocation of a watercourse, and submit evidence of such notification to the
Federal Insurance Administration.
2. Require that maintenance is provided within
the altered or relocated portion of said watercourse so that the flood-carrying
capacity is not diminished.
21.41.100 Fee
required. The planning department shall charge fees for
permits and variances. Fees shall be established by resolution of the Homer
City Council to be paid by the applicant at the time that the floodplain
development permit application or variance application is submitted.
21.41.200 Standards
– all flood hazard areas.
In all flood hazard areas, the following standards apply:
a. Anchoring.
1. All new construction and substantial
improvements shall be anchored to prevent flotation, collapse, or lateral
movement of the structure.
2. All manufactured homes must be anchored to
prevent flotation, collapse or lateral movement, and shall be installed using
methods and practices that minimize flood damage. Anchoring methods may
include, but are not limited to, use of over-the-top or frame ties to ground
anchors.
b. Construction
Materials and Methods.
1. All new construction and substantial
improvements shall be constructed with materials and utility equipment
resistant to flood damage.
2. All new construction and substantial improvements
shall be constructed using methods and practices that minimize flood damage.
3. Electrical, heating, ventilation, plumbing
and air-conditioning equipment and other service facilities shall be designed
and elevated or otherwise located to prevent water from entering or
accumulating within the components during conditions of flooding.
c. Utilities.
1. All new and replacement water supply systems
shall be designed to minimize or eliminate infiltration of floodwaters into the
system;
2. New and
replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharge from the systems
into floodwaters; and,
3. On-site waste disposal systems shall be
located to avoid impairment to them or contamination from them during flooding.
d. Subdivision Proposals.
1. All subdivision proposals shall be consistent
with the need to minimize flood damage.
2. All proposed improvements such as water,
sewer, natural gas, telephone and electrical facilities shall be located and
constructed in a manner which will minimize damage in the event of a flood.
3. All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood damage.
4. Where base flood elevation data has not been
provided or is not available from another authoritative source, it shall be
generated for all subdivision proposals located in unnumbered A or V Zones when
the subdivision is planned to be 50 lots or 5 acres, whichever is less.
5. It is the responsibility of the subdivider to
provide all necessary information regarding flood protection measures at the
time the preliminary plat is presented for consideration by the planning
commission.
e. Review of Development Permits.
1. Where elevation data is not available,
applications for development permits shall be reviewed to assure that proposed
construction will be reasonably safe from flooding.
2. The test of reasonableness is a local
judgment and includes use of historical data, high water marks, photographs of
past flooding, and other evidence where available.
21.41.220 Standards
– where base flood elevation data is provided. In all flood hazard areas where base flood
elevation data has been provided as set forth in HCC § 21.41.040 the following
provisions are required:
a. Residential
Construction.
1. New construction and substantial improvement
of any residential structure shall have the lowest floor, including basement,
elevated to one foot above the base flood elevation.
2. Fully enclosed areas below the lowest floor
that are subject to flooding are prohibited, or shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing
for the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or architect or
must meet or exceed the following minimum criteria:
a. A minimum of two openings having a total net
area of not less than one square inch for every square foot of enclosed area
subject to flooding shall be provided.
b. The bottom of all openings shall be no higher
than one foot above grade.
c. Openings may be equipped with screens,
louvers, or other coverings or devices if they permit the automatic entry and
exit of floodwaters.
b. Nonresidential
Construction. New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the lowest
floor, including basement, elevated to the level of the base flood elevation;
or, together with attendant utility and sanitary facilities, shall:
1. Be flood proofed so that below the base flood
level the structure is water tight with walls substantially impermeable to the
passage of water;
2. Have structural components capable of
resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
3. Be certified by a registered professional
engineer or architect that the standards of this subsection are satisfied. Such
certifications shall be provided to the official as set forth in HCC § 21.41.090(d)(2);
4.
Nonresidential structures that are elevated, not flood proofed, must
meet the same standard for space below the lowest floor as described in HCC § 21.41.220(a)(2);
5. Applicants flood proofing nonresidential
buildings shall be notified that flood insurance premiums will be based on
rates that are one foot below the flood proofed level (e.g. a building
constructed to the base flood level will be rated as one foot below that
level).
c. Manufactured
Homes. All manufactured homes to be placed or substantially improved within
Zones A1-30, AH, and AE shall be elevated on a permanent foundation such that
the lowest floor of the manufactured home is at or above the base flood
elevation and be securely anchored to an adequately anchored foundation system
in accordance with the provisions of HCC § 21.41.200(a).
d. Recreational
Vehicles. A recreational vehicle placed on a site within Zones A1-30, AH, and
AE on the city's FIRM either must:
1. Be on site for fewer than 180 consecutive
days, or
2. Be fully licensed and ready for highway use,
on its wheels or jacking system, be attached to the site only by quick
disconnect type utilities and security devices, and have no permanently
attached additions; or
3. Meet the requirements of HCC § 21.41.220(c) and
the elevation and anchoring requirements for manufactured homes.
21.41.230 Standards
– floodways. Located within flood hazard areas established
in HCC § 21.41.040 are areas designated as floodways. Since the floodway is an
extremely hazardous area due to erosion potential and the velocity of
floodwaters which carry debris, the following provisions apply:
a. All
encroachments, including fill, new construction, substantial improvements, and
other development are prohibited unless certification by a registered
professional engineer or architect is provided demonstrating that encroachments
shall not result in any increase in flood levels during the occurrence of the
base flood discharge.
b. If subsection (a)
of this section is satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of HCC §§ 21.41.200—21.41.250.
21.41.240 Standards
– shallow flooding areas. Shallow flooding areas appear on FIRMs as AO
zones with depth designations. The base flood depths in these zones range from
1 to 3 feet above ground where a clearly defined channel does not exist, or
where the path of flooding is unpredictable and where velocity flow may be
evident. Such flooding is usually characterized as sheet flow. In these areas,
the following provisions apply:
a. New construction
and substantial improvements of residential structures and manufactured homes
within AO zones shall have the lowest floor (including basement) elevated above
the highest grade adjacent to the building, one foot or more above the depth
number specified on the FIRM (at least two feet if no depth number is
specified).
b. New construction
and substantial improvements of nonresidential structures within AO zones shall
either:
1. Have the lowest floor (including basement)
elevated above the highest adjacent grade of the building site, one foot or
more above the depth number specified on the FIRM (at least two feet if no
depth number is specified); or
2. Together with attendant utility and sanitary
facilities, be completely flood roofed to or above that level so that any space
below that level is watertight with walls substantially impermeable to the
passage of water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this
method is used, compliance shall be certified by a registered professional
engineer as in HCC § 21.41.220(b)(3).
c. Adequate drainage
paths around structures on slopes must guide floodwaters around and away from
proposed structures.
d. A recreational
vehicle placed on a site within AO Zones must either:
1. Be on
the site for fewer than 180 consecutive days, or
2. Be fully licensed and ready for highway use,
on its wheels or jacking system, be attached to the site only by quick
disconnect type utilities and security devices, and have no permanently
attached additions; or
3. Meet the requirements of HCC § 21.41.240 and
the elevation and anchoring requirements for manufactured homes.
e. A minimum of two
openings on at least two different walls of the enclosure must be installed.
The bottom of the openings must be no higher than one foot above grade.
21.41.250 Standards
– coastal high hazard areas. Located within areas of special flood hazard
established in HCC § 21.41.040 are Coastal High Hazard Areas, designated as
Zones V1-V30, VE or V. These areas have special flood hazards associated with
high velocity waters from surges and, therefore, in addition to meeting all
other provisions in this chapter, the following provisions shall also apply:
a. All new
construction and substantial improvements in Zones V1-V30 and VE (V if base flood
elevation data is unavailable) shall be elevated on pilings and columns so
that:
1. The bottom of the lowest horizontal
structural member of the lowest floor (excluding the pilings or columns) is
elevated one foot or more above the base flood level; and
2. The pile or column foundation and structure
attached thereto is anchored to resist flotation, collapse and lateral movement
due to the effects of wind and water loads acting simultaneously on all
building components. Wind and water loading values shall each have a one
percent chance of being equaled or exceeded in any given year (100-year mean
recurrence interval);
b. A registered
professional engineer or architect shall develop or review the structural
design, specifications and plans for the construction, and shall certify that
the design and methods of construction to be used are in accordance with
accepted standards of practice for meeting the provisions of HCC §
21.41.250(a)(1) and (2).
c. The developer
shall obtain and provide to the planning department the elevation (in relation
to mean sea level) of the bottom of the lowest structural member of the lowest
floor (excluding pilings and columns) of all new and substantially improved
structures in Zones V1-30 and VE, and whether or not such structures contain a
basement. The planning department shall maintain a record of all such
information.
d. All new
construction shall be located landward of the reach of mean high tide.
e. All new
construction and substantial improvements have the space below the lowest floor
either free of obstruction or constructed with non-supporting breakaway walls,
open wood lattice-work, or insect screening intended to collapse under wind and
water loads without causing collapse, displacement, or other structural damage
to the elevated portion of the building or supporting foundation system. For
the purpose of this section, a breakaway wall shall have a design safe loading
resistance of not less than 10 and no more than 20 pounds per square foot. Use
of breakaway walls which exceed a design safe loading resistance of 20 pounds
per square foot (either by design or when so required by local or State codes)
may be permitted only if a registered professional engineer or architect
certifies that the designs proposed meet the following conditions:
1. Breakaway wall collapse shall result from
water load less than that which would occur during the base flood; and
2. The elevated portion of the building and
supporting foundation system shall not be subject to collapse, displacement, or
other structural damage due to the effects of wind and water loads acting
simultaneously on all building components (structural and nonstructural).
Maximum wind and water loading values to be used in this determination shall
each have a one percent chance of being equaled or exceeded in any given year
(100-year mean recurrence interval).
f. If breakaway
walls are utilized, such enclosed space shall be useable solely for parking of
vehicles, building access, or storage. Such space shall not be used for human
habitation.
g. The use of fill
for structural support of buildings is prohibited unless compacted to a density
of 95% as measured on a compaction meter in areas that are currently developed.
h. Man-made
alteration of sand dunes that would increase potential flood damage is
prohibited.
i. All manufactured
homes to be placed or substantially improved within Zones V1-V30, V, and VE on
the FIRM shall meet the standards of HCC § 21.41.250(a) – (h) and shall meet
the requirements of HCC § 21.41.220(c).
j. A recreational
vehicle placed on a site within Zones V1-30, V, and VE on the FIRM shall
either:
1. Be on the site for fewer than 180 consecutive
days, or
2. Be fully licensed and ready for highway use,
on its wheels or jacking system, be attached to the site only by quick
disconnect type utilities and security devices, and have no permanently
attached additions; or
3. Meet the requirements of HCC § 21.41.070 and HCC
§ 21.41.250(a) – (h).
21.41.300 Variances – planning commission. The Homer Planning Commission shall hear and
decide requests for variances from the requirements of this chapter.
21.41.310 Variances – factors considered. In passing upon variance applications, the
planning commission shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this chapter, and:
a.
The danger that materials may be swept onto other lands to the injury of
others;
b.
The danger to life and property due to flooding or erosion damage;
c.
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
d.
The importance of the services provided by the proposed facility to the
community;
e.
The necessity to the facility of a waterfront location, where
applicable;
f.
The availability of alternative locations for the proposed use which are
not subject to flooding or erosion damages;
g.
The compatibility of the proposed use with the existing and anticipated
development;
h.
The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
i.
The safety of access to the property in times of flood for ordinary and
emergency vehicles;
j.
The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site; and
k.
The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and facilities
such as sewer, gas, electrical, and water systems, and streets and bridges.
21.41.320 Variances – conditional approval. Upon consideration of the factors of HCC §
21.41.310 and the purposes of this chapter, the planning commission may attach
such conditions to the granting of variances as it deems necessary to further
the purposes of this chapter.
21.41.330 Variances – records and reports. The planning department shall maintain the
records of all appeal actions and report any variances to the Federal Insurance
Administration upon request.
21.41.340 Variances – conditions for granting. a. Generally,
the only condition under which a variance from the elevation standard may be
issued is for new construction and substantial improvements to be erected on a
lot of one-half acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level, provided HCC §
21.41.310(a) – (k) have been fully considered. As the lot size increases, the
technical justification required for issuing the variance increases.
b.
Variances may be issued for the reconstruction, rehabilitation, or
restoration of structures listed on the National Register of Historic Places or
the State Inventory of Historic Places, without regard to the procedures set forth
in HCC §§ 21.41.300—21.41.340.
c.
Variances shall not be issued within a designated floodway if any
increase in flood levels during the base flood discharge would result.
d.
Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
e.
Variances shall only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the
variance would result in exceptional hardship to the applicant; and
3. A determination that the granting of a
variance will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause fraud on
or victimization of the public or conflict with existing local laws or
ordinances.
f.
Variances as interpreted in the National Flood Insurance Program are
based on the general zoning law principle that they pertain to a physical piece
of property; they are not personal in nature and do not pertain to the
structure, its inhabitants, economic or financial circumstances. They primarily
address small lots in densely populated residential neighborhoods. As such,
variances from the flood elevations should be quite rare.
g.
Variances may be issued for nonresidential buildings in very limited
circumstances to allow a lesser degree of flood proofing than watertight or
dry-flood proofing where it can be determined that such action will have low
damage potential, complies with all other variance criteria except HCC §
21.41.340(a), and otherwise complies with HCC § 21.41.200(a)(1) and (2).
h.
Variances may, if a proper showing is made, be granted for functionally
dependent uses.
i.
Any applicant to whom a variance is granted shall be given written notice
that the structure will be permitted to be built with a lowest floor elevation
below the base flood elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced lowest floor
elevation.
21.41.400 Appeals. a. The
planning commission shall hear and decide appeals when it is alleged there is
an error in any requirement, decision, or determination made by the planning
department.
b.
The Board of Adjustment shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made by the
planning commission.
c.
Appeals under this chapter are governed by the requirements and
procedures of HCC Chapter 21.93.
Chapter 21.44
STEEP SLOPES
reserved
ARTICLE 4
Use and Development Regulations
Chapter 21.50
SITE
DEVELOPMENT STANDARDS
AND MISCELLANEOUS REGULATIONS
21.50.010 Site development standards – general. a. All development in all zoning districts must comply with minimal site development standards. There are various levels of standards set forth in this chapter.
b.
The level of site development standards required is specified in the
applicable zoning district regulations.
If applicable zoning district regulations do not specify any level of standards,
then level one standards apply.
21.50.020 Site development standards – level one. This section establishes level one site development standards. Level one site development standards apply in all zoning districts, unless otherwise provided by another provision of the zoning code.
a. Slopes. All development on lots with slopes of 15 percent more is subject to the following standards:
1. For lots with slopes of 15 to 30 percent, the area used for development shall not exceed 25 percent of the lot. If the development site includes more than one lot, a conditional use permit is required.
2. For lots with slopes of greater than 30 percent, the area used for development shall not exceed ten percent of the lot. If the development site includes more than one lot, a conditional use permit is required.
3. Vegetation shall remain undisturbed except as necessary to construct improvements and to eliminate hazardous conditions, in which case it must be replanted with approved materials including ground cover, shrubs and trees. Native vegetation is preferred for replanting operations, and will be used where practicable.
4. Grading shall not alter the natural contours of the terrain except as necessary for building sites or to correct unsafe conditions. The locations of buildings and roads shall be planned to follow and conform to existing contours as nearly as possible.
b. Drainage. All development activity on lands shall conform to the following:
1. Development shall provide a drainage system that is designed to deposit all runoff into either an engineered drainage system or into a natural drainage.
2. Where open-ditch construction is used to handle drainage within the development, a minimum of 15 feet shall be provided between any structures and the top of the bank of the defined channel of the drainage ditch.
3. When a closed system is used to handle drainage within the development, all structures shall be a minimum of ten feet from the closed system.
c. Landscaping Requirements. All development activity on lands shall conform to the following:
1. Development activities shall not adversely impact other properties by causing damaging alteration of surface water drainage, surface water ponding, slope failure, erosion, siltation, intentional or inadvertent fill or root damage to neighboring trees, or other damaging physical impacts. The property owner and developer shall take such steps, including installation of culverts or buffers, or other methods, as necessary to comply with this requirement.
2. Upon completion of earthwork, all exposed slopes and all cleared, filled, and disturbed soils shall be protected against subsequent erosion by methods such as, but limited to, landscaping, planting, and maintenance of vegetative cover.
3. All exposed, cleared, filled and disturbed soils shall be revegetated within 16 months following the initiation of earthwork. Natural revegetation is acceptable if the site naturally revegetates within that 16 month period. If natural revegetation is not successful within that 16 month period, the property owner and developer shall revegetate by other means no later than the end of that 16 month period.
4. Drainage can be stabilized by other means than vegetation, if approved in writing by the City Engineer.
21.50.030 Site development standards – level two. This section establishes level two site development standards. Level two standards apply when specified by the applicable zoning district regulations or by another provision of the code.
a. Site
Development.
1. Development shall not adversely impact
other properties by causing damaging alteration of surface water drainage,
surface water ponding, slope failure, erosion, siltation, or root damage to
neighboring trees, or other adverse effects.
2. Upon completion of earthwork, all
exposed slopes, and all cleared, filled, and disturbed soils shall be protected
against subsequent erosion by methods, such as, but not limited to,
landscaping, planting, and maintenance of vegetative cover.
3. All exposed, cleared, filled and
disturbed soils shall be revegetated within 16 months following the initiation
of earthwork.
b. Slopes. All development on lots with slopes of 20 percent or more shall be subject to the
following standards:
1. For lots with slopes of 20 percent to 30
percent, the area used for development shall not exceed 25 percent of the lot. If the development site includes more than
one lot, a conditional use permit is required.
2. For lots with slopes greater than 30
percent, the area used for development shall not exceed ten percent of the lot. If the development site includes more than
one lot, a conditional use permit is required.
3. Vegetation shall remain undisturbed
except as necessary to construct improvements and to eliminate hazardous
conditions, unless replanted with as much native vegetation as practicable
including ground cover, shrubs and trees.
4. Grading shall not alter the natural
contours of the terrain except as necessary for building sites or to correct
unsafe conditions. The locations of buildings and roads shall be planned to
follow and conform to existing contours as nearly as possible.
c. Drainage.
1. Development shall provide a drainage
system, as approved by the City, that is designed to deposit all runoff into
either an engineered drainage system or into a natural drainage.
2. Where open‑ditch construction is
used to handle drainage within the development, a minimum of 15 feet shall be
provided between any structures and the top of the bank of the defined channel
of the drainage ditch.
3. When a closed system is used to handle
drainage within the development, all structures shall be a minimum of ten feet horizontally
from the closed system.
4. Drainage can be stabilized by methods
other than vegetation, if approved in writing by the City Engineer.
d. A
Development Activity Plan (DAP) approved by the City under HCC Chapter 21.74 is
required if the project includes:
1. Land clearing or grading of 10,000 square
feet or greater surface area;
2. The cumulative addition of 5,000 square
feet or greater of impervious surface area from pre‑development
conditions;
3. Grading involving the movement of 1,000
cubic yards or more of material;
4. Grading that will result in a temporary
or permanent slope having a steepness of 3:1 or greater and having a total
slope height, measured vertically from toe of slope to top of slope, exceeding
five feet;
5. Grading that will result in the
diversion of an existing drainage course, either natural or human‑made,
from its existing point of entry to or exit from the grading site; or
6. Any land clearing or grading on a slope
steeper than 20 percent, or within 20 feet of any wetland, watercourse, or
water body.
e. A
Storm Water Plan (SWP) approved under HCC Chapter 21.75 is required if the
project includes:
1. An impervious surface coverage that is
greater than 60 percent of the lot area
(existing and proposed development combined);
2. The cumulative addition of 25,000
square feet or greater of impervious surface area from the pre‑development
conditions;
3. Land grading of one acre or greater
surface area;
4. Grading involving the movement of
10,000 cubic yards or more of material;
5. Grading that will result in a temporary
or permanent slope having a steepness of 3:1 or greater and having a total
slope height, measured vertically from toe of slope to top of slope, exceeding ten
feet; or
6. Any land clearing or grading on a slope
steeper than 25 percent, or within ten feet of any wetland, watercourse, or
water body.
f. Landscaping
Requirements. All development shall
conform to the following landscaping requirements:
1. Landscaping shall include the retention
of native vegetation to the maximum extent possible and shall include, but is not limited to, the
following:
a. Buffers:
i. A buffer of three feet minimum width
along all lot lines where setbacks permit; except where a single use is
contiguous across common lot lines, such as, but not limited to, shared
driveways and parking areas. Whenever
such contiguous uses cease the required buffers shall be installed.
ii. A buffer of 15 feet minimum width from
the top of the bank of any defined drainage channel or stream.
b. Parking Lots:
i. A minimum of ten percent of the area
of parking lots with 24 spaces or more shall be landscaped in islands,
dividers, or a combination of the two;
ii. Parking lots with 24 spaces or more must
have a minimum ten foot landscaped buffer adjacent to road rights-of-way;
iii. Parking lots with only one single loaded
or one double loaded aisle that have a 15 foot minimum landscaped buffer
adjacent to road rights-of-way are exempt from the requirement of subparagraph
(f)(1)(b)(i) of this section.
2. Topsoil addition, final grading,
seeding, and all plantings of flora must be completed within nine months of substantial
completion of the project, or within the first full growing season after substantial
completion of the project, whichever comes first. Required landscaping will be maintained
thereafter, with all shrubs, trees, and groundcover being replaced as needed.
21.50.110 Fences. a. Fences may be constructed at the lot line, subject to the limitation of this section.
b. In all residential zoning districts no fence on or within 20 feet of the front lot line may exceed four feet in height
c. No
fence may block any sight distance triangle that may be required by the zoning
code or any other law.
21.50.120 Fences - Conditional fence permit. a. Except as provided in HCC § 21.50.120(c), fences may be constructed to heights in excess of those allowed by HCC § 21.50.110 only when a conditional fence permit is first approved by the Planning Commission.
b. Prior
to granting such a permit, the applicant must demonstrate and the Planning
Commission must find that:
1. The issuance of such a permit is
reasonably necessary, by reason of unusual or special circumstances or
conditions relating to the property, for the preservation of valuable property
rights for full use and enjoyment of the property;
2. The fence will not create a safety
hazard for pedestrians or vehicular traffic;
3. The appearance of the fence is
compatible with the design and appearance of other existing buildings and
structures within the neighborhood;
4. The fence is a planned architectural
feature designed to avoid dominating the site or overwhelming adjacent
properties and structures;
5. The orientation and location of the
fence is in proper relation to the physical characteristics of the site and the
surrounding neighborhood;
6. The fence will be of sound construction.
c. Exception.
Under no circumstances will a conditional
fence permit be considered for a fence that exceeds the limits of a required
sight distance triangle.
Chapter
21.51
HOME-BASED OCCUPATIONS
21.51.010 Home occupations. This section applies to home occupations in all
districts where home occupations are permitted or conditional uses.
a. The home occupation shall be carried on entirely within the dwelling unit or accessory building and its function shall be clearly subordinate to the principal residential use of the premises.
b. The home occupation shall not cause any noise, odors, effluent, smoke, dust, vibrations, electrical interference, bright or flashing light, or other objectionable conditions that would interfere with the quiet enjoyment of a residential neighborhood. There shall be no visible manifestations of the home occupation from the exterior, including no exterior storage or display of goods or materials, and no parking or storage of trucks, machinery or equipment on or about the premises. A home occupation shall not include automobile or machinery repairs, welding, sheet metal, or other similar work.
c. A home occupation shall not require regular or frequent deliveries of goods or materials of such bulk or quantity, nor the parking of customer or client’s vehicles in numbers or frequency over and above the normal traffic associated with the dwelling as a residence.
d. A home occupation shall be carried on only by the full-time occupants of the dwelling unit.
e. Signage is restricted to one residential sign that must be a building sign and otherwise comply with HCC Chapter 21.60.
21.51.100 Bed and Breakfast Facilities. This section applies to bed and breakfast facilities in all districts in which such use is permitted or conditionally permitted.
a. A bed and breakfast must be accessory to and in a dwelling occupied by the operator as the operator's primary residence.
b. A bed and breakfast is limited to a maximum of five bedrooms for overnight guests.
c. Serving food to overnight guests is allowed.
d. Signage
is restricted to one residential sign that must be a building sign and
otherwise comply with HCC Chapter 21.60.
Chapter 21.52
PLANNED UNIT DEVELOPMENTS
21.52.010 Scope and purpose. This chapter applies to all planned unit
developments in the City. A Planned Unit
Development (PUD) is a device that allows a development to be planned and built
as a unit, or as phased units, and permits flexibility and variation in many of
the traditional controls related to density, land use, setback, open space and
other design elements, and the timing and sequencing of the construction. A PUD may be applicable to either
residential, commercial, noncommercial or industrial uses or a combination
thereof.
21.52.020 Uses allowed in PUDs. a. PUDs are allowed in a zoning district only when allowed by the code provisions specifically applicable to that district. A PUD may consist of residential, noncommercial, commercial or industrial uses or a combination thereof, subject to any limitations or exceptions provided in this title.
b. In every PUD and during every stage of development of the PUD, at least 60 percent of the uses in the PUD must be uses that are listed as permitted outright or conditionally within the zoning district in which it is located. To satisfy this standard, the PUD must satisfy all of the following tests.
1. The total of floor area plus exterior lot area occupied by uses listed as permitted outright or conditionally in the zoning district must be not less than 60 percent of the total of floor area plus exterior lot area occupied by all uses in the PUD; and
2. The tax assessed valuation of that
portion of the structures in the PUD used for uses listed as permitted outright
and conditionally in the zoning district must total not less than 60 percent of
the total assessed valuation of all structures in the PUD.
21.52.030 Development Plan. a. A
conditional use permit application and a development plan for a PUD shall be
submitted to the City for administrative review and recommendation to the
Commission. The PUD development plan
shall include the following:
1. A statement of purpose and objective;
2. A specific plan of development,
including a designation of land uses by relative intensity and the land area
intended for each land use;
3. A program of development outlining the
stages of future development and the phase for current approval;
4. The time schedule for construction and
completion of all stages and all phases;
5. A narrative description demonstrating
the independence of each stage;
6. The general location and size of the
area involved and the nature of the land owner’s interest in the land to be
developed;
7. The density of land use to be allocated
to parts of the area to be developed;
8. The location, function, ownership and
manner of maintenance of common open space for the management during
construction; and management during each phase of development, the final
management of the completed development;
9. The use, height, bulk and location of buildings
and other structures;
10. A utilities and drainage plan;
11. The substance of covenants, grants of
easements or other restrictions to be imposed upon the use of the land,
buildings and structures, including proposed easements for public utilities;
12. A plan showing parking; loading areas;
snow removal and storage areas; the location and width of proposed streets and
public ways; and the relationship of new
or existing streets and other public facilities in proximity to the planned
development;
13. In the case of plans that call for
development over a period of years, a schedule showing the time within which
application for final approval of all parts of the planned development are
intended to be filed;
14. A list of all permits required from
local, state and federal agencies for the uses proposed in the PUD;
15. Site plans sufficient to depict above
listed requirements or other conditions required by staff.
16. A description of methods to be employed to assure maintenance of any common areas and facilities shall be submitted.
17. Calculations showing the requirements of HCC
§ 21.52.020(b) will be satisfied.
b. The
City Planner will review the conditional use permit application and development
plan to determine their completeness. If
adequate information is available to allow for Commission review, the application
will be scheduled before the Commission as a conditional use permit
application. The City Planner shall
recommend approval, approval with conditions or disapproval to the Commission.
21.52.040 Commission Review. a. The
Commission will review the application and development plan according to
provisions applicable to conditional use permits, planned unit developments and
the zoning district in which the PUD is to be located.
b. If
the Commission determines that the PUD development plan does not satisfy the
conditional use permit standards and requirements or is not consistent with
good design, efficient use of the site, or community standards, the Commission
shall deny the application.
c. If
the Commission determines that the PUD development plan does satisfy the
conditional use permit standards and requirements, and is consistent with good
design, efficient use of the site and community standards, the Commission may
approve the development plan and a conditional use permit with such
modifications or conditions that it deems necessary to protect the public
health, safety, and welfare of the community and the surrounding area.
d. In
any event, the Commission shall adopt written findings of fact and conclusions
that are supported by substantial evidence in the record and adequately set
forth the basis for the decision.
21.52.050 Residential PUDs. a. A residential PUD (any planned unit development that includes any residential uses) shall comply with the requirements and conditions of this section. A residential PUD shall also comply with HCC § 21.52.060 if commercial, noncommercial or industrial uses are included in the PUD.
b.
Connections to public water
and sewer utilities, if available, shall be provided as part of the PUD. If public water and sewer utilities are not
available, systems provided must be approved by the Alaska Department of
Environmental Conservation;
c. Density.
1. Maximum floor area in the PUD shall not
exceed 0.4 times the gross land area;
2. Total open area shall be at least 1.1
times the total floor area;
3. For purposes of subparagraph (c)(2),
open area shall not include areas used for parking or maneuvering incidental to
parking or vehicular access. Open area
may include walkways, landscaped areas, sitting areas, recreation space, and
other amenities. All open area shall be
suitably improved for its intended use but open area containing natural
features worthy of preservation may be left unimproved.
d. Common
Open Space.
1. All or a portion of the open area may
be set aside as common open space for the benefit, use and enjoyment of present
and future residents of the development.
2. The development schedule that is part
of the development plan must coordinate the improvement of the common open
space with the construction of residential dwellings in the planned
development.
3. For any areas to be held under any form
of common ownership, a written description of the owner's intentions for the
creation of legally enforceable future
maintenance provisions shall be submitted with the conditional use permit
application. The description shall
indicate whether membership of property owners in an association for
maintenance of the common area will be mandatory.
e. Perimeter
Requirements. If topographical or other
barriers do not provide adequate privacy for uses adjacent to the PUD,
the Commission may impose conditions to provide adequate privacy, including
without limitation one or both of following requirements:
1. Structures located on the perimeter of
the planned development must be set back a distance sufficient to protect the
privacy of adjacent uses;
2. Structures on the perimeter must be
permanently screened by a fence, wall or planting or other measures sufficient
to protect the privacy of adjacent uses.
f. Dimensional
Requirements. Dimensional requirements
may be varied from the requirements of the district within which the PUD is
located. All departures from those
requirements will be evaluated against the following criteria:
1. Privacy. The minimum building spacing is one method of
providing privacy within the dwelling unit.
Where windows are placed in only one or two facing walls or there are no
windows, or where the builder provides adequate screening for windows, or where
the windows are at such a height or location to provide adequate privacy, the
building spacing may be reduced.
2. Light and Air. The building spacing provides one method of
insuring that each room has adequate light and air. Building spacing may be reduced where there
are no windows or very small window areas and where rooms have adequate
provisions for light and air from another direction.
3. Use.
Where areas between buildings are to be used as service yards for
storage of trash, clotheslines or other utilitarian purposes for both buildings,
then a reduction of building space permitting effective design of a utility
space may be permitted. Kitchens and
garages are suitable uses for rooms abutting such utility yards.
4. Building configuration. Where building configuration is irregular so
that the needs expressed in subsections (1), (2), and (3) of this subsection
are met by the building configuration, reduced building spacing may be
permitted.
5. Front Yard. Where the PUD provides privacy by reducing
traffic flow through street layouts such as cul-de-sacs, or by screening or
planting, or by fencing the structure toward open space or a pedestrian way, or
through the room layout, the right-of-way setback requirement may be reduced.
6. Lot Width. A minimum lot width is intended to prevent
the construction of long, narrow buildings with inadequate privacy, light and
air. There are situations as in
cul-de-sacs, steep slopes or off-set lots, where, because of lot configuration
or topography, narrow or irregular lots provide the best possible design. Where the design is such that light, air and
privacy can be provided, especially for living spaces and bedrooms, a narrower
lot width may be permitted.
21.52.060 Commercial, noncommercial and industrial PUDs. a. Any
PUD that contains any commercial, noncommercial, or industrial use shall comply
with the requirements and conditions of this section. If residential use is included in the PUD, it
shall also comply with HCC § 21.52.050.
1. For purposes of this section, a commercial
use is defined as an occupation, employment, or enterprise that is carried on
for profit that is not an industrial use.
2. For purposes of this section, an
industrial use is defined as a use engaged in the processing or manufacturing
of materials or products, including processing, fabrication, assembly,
treatment, packaging, storage, sales or distribution of such products.
3. For purposes of this section a
noncommercial use is a use that is neither residential, commercial nor
industrial.
b. A
planned unit development that includes commercial, noncommercial or industrial
uses shall comply with the following requirements and conditions:
1. The PUD site shall have direct access
to an arterial or collector street.
2.. Utilities, roads and other essential
services must be constructed, installed and available for the immediate use of
occupants of the PUD.
3. The PUD shall be developed with a
unified architectural treatment.
c. If
topographical or other barriers do not provide adequate privacy for uses
adjacent to the PUD, the Commission may impose conditions to provide adequate
privacy, including without limitation one or both of following requirements:
1. Structures located on the perimeter of
the planned development must be set back a distance sufficient to protect the
privacy of adjacent uses;
2. Structures on the perimeter must be
permanently screened by a fence, wall or planting or other measures sufficient
to protect the privacy of adjacent uses.
d. Dimensional
Requirements. Setbacks and distances
between buildings within the development shall be at least equivalent to that
required by the zoning district in which the PUD is located unless the
applicant demonstrates that:
1. A better or more appropriate design can
be achieved by not applying the provisions of the zoning district; and
2. Adherence to the dimensional requirements
of the zoning district is not required in order to protect health, safety and
welfare of the occupants of the development and the surrounding area.
e. The
site development standards of HCC § 21.50.030 shall be met.
21.52.070 Time Limit. After a PUD conditional use permit and development plan are approved by the Commission, construction of the planned unit development must begin within two years of the approval of the conditional use permit. The Commission may extend the time to begin construction by not more than two additional years for good cause shown. If construction is not begun within such time, including any extensions granted, the conditional use permit and development plan approvals lapse, and the conditional use permit and development plan must be resubmitted to the Planning Commission for re-approval. After a lapse of one year or more, a new conditional use permit application and PUD development plan cannot be re-approved and must be submitted to the Commission as a new application for complete reconsideration.
Chapter 21.53
TOWNHOUSES
21.53.010 Standards for townhouses. In zoning districts where townhouses may be
conditionally permitted, a conditional use permit for a townhouse may be
approved by the Commission if the following requirements are met:
a. The
proposed development satisfies all criteria for approval of a conditional use
permit.
b. A
detailed development plan is submitted with the application for a conditional
use, including a site plan drawn to scale.
The site plan shall include but shall not be limited to the topography
and drainage of the proposed site, the location of all buildings and structures
on the site, courts and open space areas, circulation patterns, ingress and
egress points, parking areas (including the total number of parking spaces
provided) and a general floor plan of the main buildings, together with other
such information as the Commission shall require.
c. Not
more than six contiguous townhouses shall be built in a row with the same or
approximately the same front line and not more than twelve townhouses shall be
contiguous.
d. No
townhouse project shall be located any closer than 600 feet to another
townhouse project unless otherwise approved by the Commission.
e. No
portion of a townhouse or accessory structure in, or related to, one group of
contiguous townhouses shall be closer than 15 feet to any portion of another
townhouse (or accessory structure related to another townhouse group), or to
any building outside the townhouse project.
f. Minimum
lot width for each townhouse unit is 24 feet.
g. Minimum
lot area for each townhouse unit shall be as follows:
1. For a two-unit townhouse, 4,000 square
feet lot area per unit,
2. For a three-unit townhouse, 3,000
square feet lot area per unit,
3. For a four-unit or greater townhouse, 2,000
square feet lot area per unit.
h. Each
townhouse unit shall have a total yard area containing at least 1,000 square
feet. Such total yard area may be
reduced to 500 square feet per unit if 500 square feet of common open or common
recreational area, not including parking spaces, is provided for each
unit. Such yard area shall be reasonably
secluded from view from streets and not used for off-street parking or for any
accessory building.
i. Grouping
of parking spaces is desirable provided that spaces intended for a particular
unit are no more than 100 feet from the unit.
On minor streets, use of the right-of-way may be permitted for
maneuvering incidental to parking that will facilitate snow removal. On collector and arterial streets,
maneuvering incidental to parking shall not be permitted.
j. Visibility
at Intersections. At all intersections
of private drives, including such drives and access routes on adjacent property,
and at the intersection of any private
drive or entrance or exit for a common parking area with a public street, visibility
clearance shall be maintained according to HCC § 21.73.200.
k. Minimum
setbacks for all townhouse buildings shall be the setback requirements of the
zoning district within which it is located.
l. Maximum building height shall not
exceed 25 feet.
m. All
party walls shall adhere to fire safety standards as established by the State
Fire Marshal.
n. All
townhouse developments shall be constructed in compliance with all applicable
State statutes then in effect.
o. All
areas not devoted to buildings, drives, walks, parking areas or other
authorized improvements shall be covered with one or more of the following:
lawn grass, natural or ornamental shrubbery or trees.
p. All
roadways, fire lanes or areas for maneuvering incidental to parking (not to
include designated commonly held open space or recreation areas) shall be a
minimum of 22 feet in width. No
vehicular parking shall be allowed in the aforementioned areas.
q. The standards set forth in this section are in addition to the general standards for a conditional use permit. In the event of conflict, the stricter standard shall control.
21.53.020 Common Interest Ownership Act. If the Uniform Common Interest Ownership Act applies to a townhouse or other project, it is a violation of this code to sell, market for sale, or otherwise transfer any unit or other interest in the townhouse or other project except in full compliance with that act.
Chapter 21.54
MOBILE HOME PARKS AND RECREATIONAL
VEHICLES
Subchapter 1
Mobile Home Parks
21.54.010 Standards for mobile home parks - general. HCC §§ 21.54.010—21.54.090 establish minimum
standards governing mobile home parks.
21.54.020 Where allowed. Mobile home parks will be allowed only in those zoning districts
that list mobile home parks as permitted or conditionally permitted.
21.54.030 Spaces and occupancy. a. Only one mobile home or duplex mobile home shall occupy a space.
b.
More than one space may be
located on a lot, subject to the following: Each space for a mobile home shall
contain not less than 3,000 square feet, exclusive of space provided for the
common use of tenants, such as roadways, general use structures, guest parking,
walkways, and areas for recreation and landscaping. Spaces designed and rented for duplex mobile
homes shall have a minimum of 4,500 square feet.
21.54.040 Lot size and setbacks. a. Minimum
Lot Size. Lots used for mobile home
parks shall be no smaller than the minimum lot size for the zoning district in
which the mobile home park is located.
b. Setbacks. In addition to the required setbacks from lot
lines and rights-of-way applicable to the zoning district:
1. No mobile home in the park shall be located
closer than 15 feet from another mobile home or from a general use building in
the park.
2. No building or structure accessory to a
mobile home on a mobile home space shall be closer than ten feet from another
mobile home, another accessory building or another mobile home space.
3. Along any vehicular right-of-way within
the mobile home park, mobile homes and other buildings shall be set back a
minimum of ten feet from the edge of the right-of-way.
21.54.050 Open Space and Recreation Areas. A minimum of ten percent of the total area of
all lots used for a mobile home park shall be devoted to a common open space
for use by residents of the mobile home park.
This open space shall not include areas used for vehicle parking or
maneuvering, vehicle access, or any area within a mobile home space. The open space may include lawns and other
landscaped areas, walkways, paved terraces, and sitting areas. The common open space shall be reasonably
secluded from view from streets and shall be maintained in a neat appearance.
21.54.060 Standards for Mobile
Home Structures. Each mobile home structure
in the park shall meet the following standards:
a. The
mobile home shall contain sleeping accommodations, a flush toilet, a tub or
shower and kitchen facilities, with plumbing and electrical connections provided
for attachment to public utilities or approved private systems.
b. The
mobile home shall be fully skirted and if a single-wide unit, shall be tied
down with devices that meet State standards.
21.54.070 Required improvements. a. Storage. Not less than 200 cubic feet of covered
storage shall be provided for each mobile home space (but not necessarily on
each space).
b Perimeter. The land used for mobile home park purposes
shall be effectively screened, except at entry and exit places, by a wall,
fence or other sight-obscuring screening.
Such screening shall be of a height adequate to screen the mobile home
park from view and shall be maintained in a neat appearance.
c. Water
and Sewer. All mobile homes in the park
shall be connected to water and sewage systems before they are occupied. Evidence shall be provided with the
application for a mobile home park that the park will meet the standards of the
Alaska Department of Environmental Conservation.
21.54.080 Access and parking. a. Access. Each mobile home space shall be directly
accessible by a vehicle from an internal street without the necessity of
crossing any other space. Direct
vehicular access from public streets to a mobile home space is prohibited.
b. Parking. A minimum of two parking spaces shall be
provided for each mobile home space. An
additional common parking area for guests shall be provided with one space for
every four mobile homes.
21.54.090 Street standards. a. Circulation. The internal street system of a mobile home park shall provide convenient circulation by means of minor streets and collector streets. Dead-end streets shall be provided with an adequate turning circle at least eighty feet in diameter.
b. Street
Widths. The width of internal streets
shall be adequate to accommodate the contemplated traffic load, and no less
than the following minimums:
Minimum
Width (in feet)
Collector streets with no parking 28
Minor streets with no parking 22
c. If utilities are planned to be in or next to streets, additional width may be required by the Commission to accommodate the utilities.
Subchapter 2
Recreational Vehicles and RV Parks
21.54.200 Standards for recreational vehicle parks
- general. HCC §§ 21.54.200—21.54.310 establish
standards governing recreational vehicle parks.
21.54.210 Spaces and occupancy. a. Space size. The space provided for each recreational vehicle shall be a minimum of 600 square feet, exclusive of any space used for common areas, driving lanes, walkways, general use structures, and landscaped areas.
b. Identification. Each recreational vehicle space shall be plainly marked and numbered for identification.
c. Occupancy. Only one recreational vehicle shall occupy a
space. Recreational vehicle parks may be
open on a year-round basis. No
recreational vehicle shall be parked for occupancy in a recreational vehicle
park for more than 30 continuous days, nor shall a recreational vehicle be
parked for occupancy in a recreational vehicle park for more than 120 days in
any 12-month period.
21.54.220 Minimum Lot Size. The minimum lot size for a recreational
vehicle park in any zoning district is 40,000 square feet or the minimum lot
size for the zoning district in which it is located, whichever is greater.
21.54.230 Surface water runoff. Surfaces shall be designed and contoured to
provide for adequate runoff of surface water and be approved by the Public
Works Department.
21.54.240 Utilities and solid waste. a. Sources
of potable water and wastewater disposal facilities shall be in accordance with
applicable Alaska Department of Environmental Conservation regulations.
b. The
park shall provide toilets and lavatories for use by park occupants. They shall be constructed, maintained, and
operated in accordance with applicable Alaska Department of Environmental
Conservation regulations.
c. Solid
Waste Disposal. The recreational park
must provide adequate covered receptacles for trash collection and adequate
trash removal.
21.54.250 Noise.
Noise emanating from a recreational vehicle park and its occupants shall
not unreasonably disturb or interfere with the peace, comfort and repose of
persons with ordinary sensibilities. It
is a violation for a park owner, park operator, or park occupant to cause or
allow noise in excess of this standard.
21.54.260 Parking.
a. One parking space shall be
provided within each recreational vehicle space. This parking space is in addition to the
space allotted to the recreational vehicle.
b. Additional
parking shall be provided for exclusive use of the park manager and employees.
c. Guest
parking shall be provided at a rate of one parking space per twenty-five
recreational vehicle spaces.
d. Handicapped
recreational vehicle spaces shall be provided in compliance with applicable
federal and state laws and regulations.
21.54.270 Streets.
This section applies to all driving lanes and streets within the
recreational vehicle park.
a. All designated driving lanes shall be
not less than 15 feet in width for one-lane traffic or 30 feet in width for
two-lane traffic and shall adhere to applicable AASHTO Design Criteria.
b. All driving lanes shall be surfaced
with crushed gravel, asphalt, or concrete and designed to permit easy access to
all recreational vehicle spaces.
c. Driving lane maintenance and snow
removal is the responsibility of park owner and operator.
21.54.280 Common areas. At least seven percent of the area of the entire
recreational vehicle park site shall be devoted and maintained as open space.
21.54.290 Accessory Uses. Accessory uses within the recreational
vehicle park may include a park office, a place for the park operator to live,
a bathhouse for park occupants and outhouse buildings, a small convenience
store, storage buildings, and other necessary facilities.
21.54.300 Compliance with laws. All recreational vehicle parks must comply
with applicable local, state and federal requirements prior to receiving a City
zoning permit.
21.54.310 Temporary recreational vehicle parks. If existing recreational park facilities are unavailable or inadequate to meet special and temporary anticipated needs of a scheduled caravan, temporary recreational vehicle parks may be established for a scheduled caravan provided that written authorization is obtained from the City Planner prior to occupancy. The City Planner may impose on the authorization all conditions necessary to preserve the health, safety, and welfare of the caravan participants and the community.
21.54.320 Standards for recreational vehicles in
residential zoning districts. Outside
of recreational vehicle parks, the use of recreational vehicles in the rural
residential, urban residential or residential office zoning districts shall
conform to the following standards, except to the extent otherwise specified in
the regulations applicable in the zoning district:
a. As
an accessory to a dwelling unit on a lot, one recreational vehicle per lot may
be used for occasional living purposes to accommodate persons while visiting
the residents of the dwelling unit. A
recreational vehicle used for such purposes must be a self-contained
recreational vehicle and must have a receptacle approved by law for collection
of liquid and semi-solid wastes. Direct
hook-up to municipal water and sewer is prohibited. While the recreational vehicle being used to
accommodate visitors is parked on the property, it must be parked in a manner that
will not create a dangerous or unsafe condition on the lot or adjacent
properties. Parking in such fashion that
the recreational vehicle may tip or roll constitutes a dangerous and unsafe
condition. A parked recreational vehicle used to accommodate visitors must be
in a condition for the safe and effective performance of its intended function
as an operable motor vehicle.
b. Occasional
use of a recreational vehicle to accommodate visitors as allowed in HCC §
21.54.320(a) may not exceed a total of 90 days per calendar year on a lot. Such occasional use to accommodate visitors
must be approved by the property owner, and in the case of property under
lease, by both the lessee and the property owner.
c. While
actually and lawfully being used under this section to accommodate visitors
recreational vehicles are not considered as stored for purposes of HCC §§ 21.12.020(k),
21.14.020(i) and 21.16.020(l).
Chapter 21.56
RELIGIOUS, CULTURAL AND FRATERNAL ASSEMBLY
21.56.100 Standards for religious, cultural and
fraternal assembly. a. General.
This section applies to religious, cultural and fraternal assemblies in
those zoning districts where they are allowed as permitted or conditional uses.
b. Lot
Size. The minimum lot size is 15,000
square feet or the minimum lot size for the zoning district, whichever is
greater.
c. Landscaping. All areas not devoted to buildings, parking,
walkways or driveways shall be covered one or more of the following: lawn
grass, natural or ornamental shrubbery, or trees.
d. Residential
Buildings. Residential structures may be
allowed as an accessory to the main religious, cultural or fraternal use under
the same standards applicable to dwellings in the district in which they are
located. Required lot areas for
residential buildings shall be in addition to required lot areas for the main religious,
cultural or fraternal use.
Chapter 21.57
LARGE RETAIL AND WHOLESALE STORES
21.57.010 Scope. a. This chapter applies to development that includes one or more buildings of more than 15,000 square feet of combined building area containing a retail business or wholesale business use when a conditional use permit is required pursuant to other provisions of the zoning code.
b. As
used in this chapter, "large store" means one or more buildings of
more than 15,000 square feet of combined building area containing a retail or
wholesale business use.
21.57.020 Intent. a. The
intent of this chapter is to insure that large store development is of a
quality that enhances the character of Homer and does not overwhelm its
surroundings. Large store development
can result in substantial impacts to the community, such as, but not limited
to, noise, traffic, community character, environment, and the local
economy. One purpose of this chapter is
to minimize the effects of these impacts through a detailed review and approval
process.
b. The
requirements of this chapter are to be used for evaluating and assessing the
quality and design of proposed large store developments. Where these requirements conflict with other
provisions of this title, the more restrictive requirements shall apply. These requirements are in addition and
complementary to the general conditions applicable to conditional use permits.
21.57.030 Pre‑application Conference. Prior to submitting a completed conditional
use application for a large store, the applicant must meet with the City
Planner to discuss the conditional use permit process and any issues that may
affect the proposed conditional use. This meeting is to provide for an exchange of
general and preliminary information only and no statement made in such meeting by
either the applicant or the City Planner shall be regarded as binding or
authoritative for purposes of this title.
21.57.040 Application. An application for a conditional use permit
or modification of an existing conditional use permit for a large store may be
initiated by a property owner. If
initiated by the owner’s agent, the agent shall submit with the application
written authorization signed by the owner expressly stating the agent's
authority to submit the conditional use application on behalf of the owner.
21.57.050 Costs.
The cost of all permits, studies and investigations required under this chapter
shall be borne by the applicant.
21.57.060 Site and Access Plans. a. A level one site plan complying with HCC Chapter 21.73 shall be submitted with the application. Site design shall utilize the natural features and topography of the individual site to the maximum extent possible.
b. A
level two right-of-way access plan complying with HCC Chapter 21.73 shall be
submitted with the application.
21.57.070 Traffic Impact Analysis. The conditional use permit application shall
include a traffic impact analysis if required in the applicable zoning
district. The analysis and any mitigation shall comply with HCC Chapter 21.76.
21.57.080 Community and Economic Impact. a. The conditional use permit application for a large store shall include a community and economic impact analysis report that evaluates the projected benefits and costs caused by the project to the public and private sectors of the community, and prescribes mitigation measures, if needed. The analysis must show:
1. The proposed project will not have a
significant adverse impact to the City in terms of balancing as near as
possible the cost of public services and public revenue provided through taxes
and other revenue to the City.
2. The project shall be designed to
minimize negative impacts to adjoining property values.
3. The developer shall demonstrate the financial ability to complete the project and to achieve long‑term financial stability.
b. At
a minimum the community and economic impact analysis shall include, based on a
horizon year of 10 years, the following:
1. The estimated net impacts to local
employment, wages and salaries, retained profits, property taxes, and sales
taxes.
2. The estimated net impacts of increased
local consumer spending and savings.
3. The change in the estimated number of
employees, employment types, and estimated wages generated by the project.
4. The change in locally retained profits.
5. The net change in sales tax and
property tax base and revenues, including any changes in overall land values.
6. The projected net costs to the City
arising from increased demand for and required improvements to public services
and infrastructure.
7. The value of improvements to public
services and infrastructure to be provided by the project.
8. The impacts (including displacement of
existing retailers) on the existing businesses in the zoning district in
question and on the business community as a whole.
9. The impact on the City’s Insurance
Services Office (ISO) rating.
21.57.090 Visual impacts. Parking lots and parking structures may not
visually dominate the setting and should enhance the City’s aesthetic qualities
and natural surroundings. Parking
facilities shall be designed and landscaped with increased emphasis on
pedestrian ways that provide public connectivity to and through the site. The visual impacts of parking lots shall be
mitigated though measures such as landscaping, screening, or situating parking
areas away from the front of buildings adjacent to arterials.
21.57.100 Landscaping. Landscaping is required in order to improve
the aesthetic quality of the built-up environment, promote retention and
protection of existing vegetation, reduce the impacts of development on the
natural environment, enhance the value of current and future development and
increase privacy for residential areas.
A landscaping plan shall provide for landscaping that minimizes visual,
sound, and other negative impacts from the development. The materials selected shall be compatible
with the climate, planting location, and landscaping function. The landscaping plan shall include the
retention of mature natural vegetation to the greatest extent possible.
21.57.110 Citizen Participation Meetings. a. The conditional use permit application shall include a report of citizen participation meetings held in accordance with this section.
b. The purposes of the citizen participation meetings are (i) to ensure that developers pursue early and effective citizen participation in conjunction with their development, giving developers the opportunity to understand and try to mitigate any real or perceived detrimental impacts their development may have on the community; (ii) to ensure that the citizens and property owners have an adequate opportunity to learn about applications for conditional use permits that may affect them and to work with developers to resolve concerns at an early stage of the process; and (iii) to facilitate ongoing communication between the developer, interested citizens and property owners, City staff, and other officials throughout the application review process.
c. A minimum of two citizen participation meetings shall be held at which the applicant shall provide a detailed description of the project and shall address the following items: access, parking, landscaping, building size and locations, general style and architectural finish, signage, grades and other site improvements. During the meetings with the public, the developer shall have available for review all conceptual drawing(s) in standard architectural format illustrating the items above. This material will be filed with the Planning Department, and made available for inspection by the public.
d. At
a minimum, the citizen participation meetings report shall include the
following information:
1. Details of techniques the applicant
used to involve the public, including:
a. Date
and location of a minimum of two meetings where invited citizens discussed the developer's
proposal;
b. Content,
dates mailed, and numbers of mailings, including letters, meeting notices,
newsletters and other publications;
c. Location
and date of meeting advertisements; i.e. notice posting locations within Homer,
newspaper publishing dates;
d. Mailing
list of residents, property owners, and interested parties receiving notices,
newsletters, or other written materials, and proof of advertisements and other
notices; and
e. The
number of people that participated in the citizen participation meetings.
2. A summary of concerns, issues and
problems expressed during the process, including:
a. The
substance of the concerns, issues, and problems; and
b. How
the applicant has addressed or intends to address concerns, issues and problems
expressed during the process; and
c. Concerns,
issues and problems the applicant is unwilling or unable to address and why.
21.57.120 Development Activity Plan. A Development Activity Plan (DAP) shall be
submitted with the conditional use permit application if required by the code
provisions of the applicable zoning district.
21.57.130 Stormwater Protection Plan. A Stormwater Protection Plan shall be
submitted with the conditional use permit application if required by the code
provisions of the applicable zoning district.
21.57.140 Signs. All signage shall conform to the requirements
of HCC Chapter 21.60.
21.57.150 Parking. a. Parking lots for large retail and wholesale development shall not exceed the minimum number of spaces required by HCC Chapter 7.12 by more than 10 percent.
b. All parking lots will be posted ‘No Overnight Camping Permitted’ as required by HCC §19.08.030.
c. Where practical, no more than 50 percent of the required parking area for the development shall be located between the front facade of the building and the abutting streets or adjacent to arterials.
21.57.160 Pedestrian access. Sufficient accessibility, safety and convenience to pedestrians shall be provided. Unobstructed sidewalks shall link the site to existing public pedestrian facilities, including but not limited to sidewalks and trails. Sidewalks shall be provided along the full length of any structure where it abuts a parking lot.
21.57.170 Landscaping. a. Landscaping
shall not be less than 15 percent of the total lot area of the site and shall
include the retention of existing native vegetation to the maximum extent
possible. The coverage of shrubs, trees
and hedges shall be measured from their drip lines.
1. Buffers shall be maintained in minimum
width of three feet along all lot lines where setbacks permit;
2. In parking lots:
a. A
minimum of 10 percent of the parking area of parking lots with 24 spaces or
more shall be landscaped in islands, dividers, or a combination of the two.
b. Parking
lots with 24 spaces or more will have a minimum 10-foot landscaped buffer
adjacent to road rights-of-way.
c. Parking
lots with only one single loaded or one double loaded aisle that have a 15-foot
minimum landscaped buffer adjacent to road rights-of-way are excluded from the
requirement of subparagraph (a)(2)(a) of this section.
b. General landscaping shall be
additionally provided as needed to achieve the minimum required landscape
coverage.
c. Required landscaping shall be limited
to the following materials:
1. Living
ground cover;
2. Permeable,
continuous non –living ground cover;
3. Living
plant life other than ground cover;
4. Retained
native vegetation;
5. Natural
or man‑made features, including but not limited to, boulders and
planters;
6. Pedestrian
ways;
7. Public
spaces.
d. Separate sections of landscaping shall
be composed of the required materials in any combination as follows:
1. Living
plant life other than ground cover or natural vegetation shall have minimum
coverage of five percent;
2. Living
ground cover shall have a maximum coverage of 80 percent;
3. Permeable
non‑living ground cover shall have a maximum coverage of ten percent;
4. Natural
or man‑made features shall have a maximum coverage of ten percent;
5. Pedestrian
ways or public spaces shall have a maximum coverage of 50 percent.
e. Topsoil addition, final grading,
seeding, and all planting of flora must be complete within nine months of substantial
completion of the project, or within the first full growing season after substantial
completion of the project, whichever comes first. Required landscaping will be maintained
thereafter, with all shrubs, trees, and groundcover being replaced as needed.
21.57.180 Buffers. The
Commission may require buffers, including berms, fences, trees and shrubs, to
minimize impacts to adjacent property. A
landscaped buffer or combination of landscaping and berms of no less than ten
feet in width will be required where the development adjoins residential zones.
21.57.190 Lighting. All
lighting will conform to the requirements of the zoning district.
21.57.200 Loading and Delivery. a. Loading and delivery areas shall be designed
and located to mitigate visual and noise impacts to adjacent residentially
zoned areas. The delivery and loading
areas will also be screened so they are not visible from public streets,
sidewalks, and adjacent properties. A
landscaped buffer may be required when delivery and loading areas are adjacent
to residentially zoned areas. The
landscaped buffer will include mixed vegetation adequate to provide noise,
light and visual screening.
b. The Commission may limit hours of
delivery and loading as necessary to reduce the effects of noise and traffic on
surrounding residential zones.
c. Commercial vehicles, trailers, shipping
containers and similar equipment used for transporting merchandise shall remain
on the premises only as long as required for loading and unloading operations,
and shall not be maintained on the premises for storage purposes unless it is
screened from public view and otherwise lawful.
21.57.210 Building and
Aesthetics. This section sets minimum requirements to
help create an aesthetically attractive facade by reducing the perceived mass
of large buildings, creating structures in scale with existing development, and
creating a pedestrian friendly environment, while recognizing that buildings
for certain uses may not be able to fully achieve these goals. In such instances, the Commission may allow
increased landscaping and proper sitting may be utilized to mitigate the
perceived mass and visual impacts of the large building.
a. If a building facade exceeds 60 feet in
length, it shall be divided into smaller elements by jogging the wall in or out
a minimum of four feet for at least ten feet in length, or by adding an element
such as a porch, recessed entry, bay window, projecting trellis or similar
substantial architectural feature at intervals so that no continuous wall plane
is more than 60 feet in length.
b. The portion of the building within public
view shall incorporate human‑scale elements such as windows, arcades,
lower roof overhangs, awnings, or architectural features.
c. The design shall provide architectural
features that contribute to visual interest at the pedestrian scale and reduce
the massive scale effect by breaking up the building wall, front, side, or
rear, with color, texture change, and repeating wall offsets, reveals, or
projecting ribs.
d. The roof design shall provide
variations in roof lines and heights to add interest to, and reduce the massive
scale of large buildings. Parapet walls
shall be architecturally treated to avoid a plain monotonous style.
e. Entryways shall be designed to orient
customers and add aesthetically pleasing character to buildings by providing
inviting customer entrances that are protected from the weather. Each entrance shall be clearly defined and
highly visible.
f. The buildings shall have exterior
building materials and colors that are aesthetically pleasing and compatible
with the overall development plan. Construction material shall provide color,
texture and scale.
g. Public Spaces. No less than five percent of the floor area
shall be dedicated to interior or exterior public spaces.
21.57.220 Screening of
Mechanical Equipment. Roof or ground mechanical equipment shall be
screened to mitigate noise and views in all directions. If roof equipment is
mounted, the screen shall be designed to conform architecturally with the
design of the building. Screening of
ground mounted mechanical equipment shall be of such material and be of
sufficient height to block the view and noise of the equipment.
21.57.230 Utilities. All
utilities providing permanent service, including but not limited to, electric
power, telephone, CATV cables and all other wires and cables, shall be located
underground. The Commission may grant
exceptions or recommend exceptions under the criteria established in
HCC § 21.10.055(d) and (e), respectively.
21.57.240 Snow Storage. A
snow storage plan is required as a component of the site plan. Use of sidewalks and required parking areas
for snow storage is prohibited. Snow
storage within 25 feet of stream banks is prohibited. Use of landscaped areas for snow storage may
be allowed under the approved snow storage plan. The Commission may impose such restrictions on
snow removal operations as are necessary to reduce the effects of noise or
traffic on surrounding areas.
21.57.250 Outdoor Sales and
Storage. a. If permitted
in the zoning district, areas for outdoor sales and storage of products may be approved
in the conditional use permit if they are extensions of the sales floor into
which patrons are allowed free access. Such
areas shall be incorporated into the overall design of the building and
landscaping. The areas shall be
permanently defined and screened with walls, fences or both. Materials, colors and design of screening
walls and fences and their covers shall be complementary to those of the
primary structure. These outdoor sales
and storage areas shall be considered as part of the gross floor area of the
establishment.
b. Where outdoor storage is permitted, the
area used for outdoor storage (where no sales occur) must be screened from view
from adjacent streets and parcels, and must be more than 40 feet from a
building. Such outdoor storage, whether
covered or not covered, shall not be counted as part of the floor area of the
building.
21.57.260 Trash and Recycling
Collection. Noise and visual impacts of trash and
recycling collection on adjoining properties and streets shall be
mitigated. Trash and recycling
collection areas shall be located at least 50 feet from adjacent residential
zones, residential uses, and public streets, unless enclosed within a
structure. Unenclosed trash and
recycling collection areas shall not be visible from public streets, sidewalks,
trails, internal pedestrian walkways, or adjacent properties.
Chapter 21.59
OFF-SITE IMPACTS
21.59.010 Nuisances. When made applicable to a zoning district or to
a use or structure by other provisions of the zoning code, these prohibitions
and requirements apply.
a. Air
Pollution.
1. Smoke. The emission of any air contaminant greater
than 20 percent opacity from any chimney, stack, vent, opening or process is
prohibited.
2. Odors and gases. The emission of odors in such quantities as to
be objectionable to any person with normal sensitivities at any point beyond
the lot line is prohibited. Noxious,
toxic, and corrosive gas emissions shall be treated by full control techniques
and shall not exceed permissible levels established by federal, state or local
laws or regulations.
3. Particulate Matter. All facilities will be designed and operated
with the highest and best emission control equipment practicable. Persons responsible for a suspected source of
air pollution, upon the request of the City, shall provide quantitative and
qualitative information regarding the discharge that adequately and accurately
describe operation conditions and the discharge of particulate matter. Any responsible person may be required to have
its plans and specifications reviewed by the State Department of Environmental
Conservation prior to final approval of the plans by the City.
b. Noise.
All noise shall be muffled so as not to
be objectionable due to intermittences, beat, frequency, or shrillness. Off‑site noise, when measured at the lot
line, shall not exceed 50 decibels between ten p.m. and six a.m. and 80
decibels at all other times.
c. Vibration.
No vibration that is discernible without
instruments, other than that caused by highway vehicles or aircraft, shall be
permitted beyond the lot line of the site.
d. Heat
and Glare. No activity shall produce
objectionable heat or glare that unreasonably annoys or disturbs a person of
ordinary sensibilities beyond the lot line of the site.
e. Water
and Solid Waste Pollution. No liquid or
solid waste disposal will be allowed on the site or into adjacent drainage
ditches, storm sewers, sloughs or other waterways. The discharge of treated or untreated sewage
or wastes into the sanitary sewer systems shall conform to the codes and
ordinances of the City.
f. Handling
of Dangerous Materials. The storage,
handling and use of dangerous materials, such as flammable liquids, incendiary
devices, compressed gases, corrosive materials and explosives, shall be in
accordance with the regulation and codes of the state fire marshal, the
National Fire Protection Association, the U.S. Coast Guard and other applicable
law.
g. Materials and Equipment Storage.
1. All materials and equipment including waste material shall be stored and all grounds maintained in a manner that will not attract or aid in the propagation of insects, animals, or create a health or safety hazard.
2. Open storage of materials and equipment is permitted, subject to these exceptions and conditions:
(i) If a lot abuts a residential zoning district or abuts a lot that lawfully contains a dwelling unit, any outdoor storage of materials and equipment on the lot must be screened from the residential lot or district by a wall, fence, or other sight-obscuring material. The screen must be a minimum of eight feet in height.
(ii)
This subsection (g) does not authorize any outdoor storage in any zoning
district in which the applicable zoning district regulations do not allow such
storage.
21.59.020 Lighting Standards, general. The intent of lighting standards is to reduce glare and light trespass and to improve the night time visual environment. Standards of varying levels may apply if made applicable by other provisions of the zoning code.
21.59.030 Lighting standards – level one. When level one lighting standards apply, the
following is required:
a. Outside
luminaires installed at a height of 15 feet or greater above grade in all new
developments or replaced in existing developments shall be cut-off luminaires.
b. Up‑lighting
shall be installed so that it allows its direct illumination to fall only on the
targeted building or sign.
c. No
outside lighting shall be installed so as to cause light trespass or glare.
d. The
height of any driveway or parking lot luminaire shall be a maximum of 28 feet
above grade. All building mounted
luminaires shall have a maximum height of 15 feet above grade.
e. Prohibited
lighting includes search lights and laser lights.
f. Exceptions
to this section may be granted to the extent necessary in any of the following
situations:
1. Where the City Planner has determined
there are special requirements, such as historic decorative considerations, public
monuments, or flag lighting; provided, however, that all such lighting shall be
selected and installed to shield the lamp(s) from direct view to the greatest
extent possible, and to minimize upward lighting, glare and light trespass.
2. In an urban area where there is high night‑time pedestrian traffic and an engineer experienced in outdoor lighting has provided a written opinion satisfactory to the City Planner that for pedestrian safety reasons it necessary to permit the installation of semi‑cutoff luminaires.
3. Where a determination has been made by
the Commission, after a public hearing process, that there is a compelling
safety interest that cannot be adequately addressed by any other method.
Chapter 21.60
SIGN CODE
21.60.010 Sign code. This
chapter may be known and referred to as
the Homer Sign Code or the sign code.
21.60.020 Purpose.
The purposes of this sign code are: to encourage the effective use of
signs as a means of communication in the City; to maintain and enhance the
aesthetic environment and the City's ability to attract sources of economic
development and growth; to improve pedestrian and traffic safety; to minimize
the possible adverse effect of signs on nearby public and private property; and
to enable the fair and consistent enforcement of these sign restrictions. This sign code is adopted under the zoning
authority of the City in furtherance of the more general purposes set forth in
the zoning code.
21.60.030 Applicability-Effect. A sign may be erected, placed, established,
painted, created, or maintained in the City only in conformance with the
standards, procedures, exemptions, and other requirements of this chapter.
21.60.040 Definitions. For the purpose of this chapter, the
following words and phrases shall have the meanings set forth in this chapter.
"Abandoned sign." Any sign containing copy that refers to a
business or activity that is no longer being conducted or pursued.
"Animated sign." Any sign that uses flashing lights, movement
or change of lighting to depict action or create a special effect or
scene. A sign on which the only copy
that changes is an electronic or mechanical indication of time or temperature
shall be considered a time and temperature portion of a sign and not an animated
sign for purposes of this chapter.
"Banner." Any sign of lightweight fabric or similar
material that is mounted to a pole or a building by a permanent frame at one or
more edges. A flag, as defined in HCC §
21.60.040, shall not be considered a banner.
"Beacon." Any sign with one or more beams, capable of
being directed in any director or directions or capable of being rotated or
moved.
"Building marker." Any sign cut or etched into masonry, bronze,
or similar material that includes only the building name, date of construction,
or historical data on historic site.
"Building sign." Any sign attached to any part of a building,
unless it is supported in whole or in part by structures or supports that are
placed on, or anchored in, the ground and that are independent from any
building or other structure.
"Changeable copy sign." A sign or portion thereof with characters,
letters, or illustrations that can be changed or rearranged without altering
the face or the surface of the sign. A
sign on which the message changes more than one time per day shall be
considered an animated sign and not a changeable copy sign for purposes of this
chapter. A sign on which the only copy
that changes is an electronic or mechanical indication of time or temperature
shall be considered a time and temperature portion of a sign and not a
changeable copy sign for purposes of this chapter.
"Commercial message." Any sign wording, logo, or other
representation that, directly or indirectly, names, advertises, or calls
attention to a business, brand, product, service or other commercial activity.
"Department." The Planning and Zoning division or
department of the City.
"Electoral sign." Any sign used for the purpose of advertising
or promoting a political party, or the election or defeat of a candidate, initiative,
referendum or proposition at an election.
"Flag." Flags of the
United States, the State, the City, foreign nations having diplomatic relations
with the United States, and any other flag adopted or sanctioned by an elected
legislative body of competent jurisdiction.
A flag shall not be considered a banner for purposes of this chapter.
"Freestanding sign." Any sign supported, in whole or in part, by
structures or supports that are placed on, or anchored in, the ground and that
are independent from any building or other structure.
"Ground sign." A ground sign is a freestanding sign that is
placed directly on the ground having or appearing to have a foundation or solid
base beneath 50 percent or more of the longest horizontal dimension of the
sign.
"Handbill." Any flyer, notice or brochure advertising or
promoting any product, business, cause, political candidate or issue, and
intended for distribution to the general public.
"Incidental sign." A sign, generally informational, that has a
purpose secondary to the use of the lot
on which it is located, such as "no parking," "entrance," "loading
only," "telephone," and other similar directives. No sign with a commercial message legible
from a position off the lot on which the
sign is located shall be considered incidental.
"Lot." See HCC § 21.32.030.
"Marquee." An permanent roof-like structure projecting
beyond a building or extending along and projecting beyond the wall of the
building, generally designed and constructed to provide protection from the
weather.
"Marquee sign." Any sign attached to, in any manner, or made
a part of a marquee.
"Non-conforming sign." Any lawfully pre-existing sign that does not
conform to regulations of this chapter that became applicable after erection of
the sign.
"Off-premise sign." A sign containing a commercial or
non-commercial message drawing attention to goods or services, business or
other activity not offered or conducted on the lot on which the sign is
located.
"Pennant." Any lightweight plastic, fabric, or other
material, whether or not containing a message of any kind suspended from a
rope, wire, or string, usually in series, designed to move in the wind.
"Portable sign." Any sign not permanently attached to the
ground or other permanent structure, or a sign designed to be transported,
including signs designed to be transported by means of wheels; signs converted
to A- or T- frames; menu and sandwich board signs; balloons used as signs;
umbrellas used for advertising; and signs attached to or painted on vehicles
parked and visible from the public right-of-way, unless said vehicle is used in
the normal day-to-day operations of the business.
"Principal building." The building in which is conducted the
principal use of the lot on which it is
located. Lots with multiple principal
uses may have multiple principal buildings, but storage buildings, garages, and
other accessory structures shall not be considered principal buildings.
"Projecting sign." Any sign affixed to a building or wall in
such a manner that its leading edge extends more than six inches beyond the
surface of such building or wall.
"Public Sign." A Public Sign provides direction to or
identifies public facilities such as parks, playgrounds, libraries, or schools
or to a distinct area of the City, such
as Pioneer Avenue, the Homer spit, Old Town and entrances to the City. Public Signs may identify categories of
services available, but may not carry any other commercial message. Public Signs are non-regulatory.
"Residential sign." Any sign located in the Rural Residential,
Residential Office or Urban Residential zoning districts that contains no
commercial message except for advertising for goods or services legally offered
on the premises where the sign is located, if offering such services at such
location conforms with all requirements of the zoning code.
"Roof sign, integral." Any sign erected and constructed as an
integral part of a normal roof structure, such that no part of the sign extends
vertically more than two feet above the highest portion of that roof of which
it is a part.
"Setback." The distance between the lot line and the
sign.
"Sign." Any device, fixture, placard, or structure
that uses any color, form, graphic, illumination, symbol, or writing to
advertise, announce the purpose of, or identify the purpose of a person or
entity, or to communicate information of any kind to the public.
"Suspended sign." A sign that is suspended from the underside of
a horizontal plane surface and is supported by such surface.
"Temporary sign." Any sign that is used only temporarily and is
not permanently mounted.
"Wall sign." Any sign attached parallel to, but within six
inches of, a wall, painted on the wall surface of, or erected and confined
within the limits of an outside wall of any building or structure, which is
supported by such wall or building, and which displays only one sign surface.
"Window sign." Any sign, pictures, symbol, or combination
thereof, designed to communicate information about an activity, business,
commodity, event, sale, or service, that is placed inside a window or upon the
window panes or glass and is visible from the exterior of the window.
21.60.050 Computations. The following principles shall control the
computation of sign area and sign height.
a. Computation of Area of Individual Signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning code regulations and is clearly incidental to the display itself. In computing the sign area under this section,
1. 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.
2. The
entire area of backlit translucent material, including backlit translucent
light boxes, canopies, and awnings, shall be counted as a sign area.
b. Computations
of Area of Multifaced Signs. The sign
area for a sign with more than one face shall be computed by adding together
the area of all sign faces visible from any one point. When two identical sign faces are placed back
to back, so that both faces cannot be viewed from any point at the same time,
and when such sign faces are part of the same sign structure and not more than
42 inches apart, the sign area shall be computed by the measurement of one of
the faces.
c. Computation
of Height. See HCC Chapter 21.05.
21.60.060 Signs allowed on private property with and
without permits. a. Signs shall
be allowed on private property in the City in accordance with, and only in
accordance with Table 1. If the letter
appears for a sign type in a column, such sign is allowed without prior permit
approval in the zoning district represented by that column. If the letter appears for a sign type in a
column, such sign is allowed only with prior permit approval in the zoning
districts represented by tat column.
Special conditions may apply in some cases. If the letter appears for a sign type in a
column, such a sign is not allowed in the zoning districts represented by that
column under any circumstances.
b. Although
permitted under the previous paragraph, a sign designated by a "P" or
"S" in Table 1 shall be allowed only if:
1. The sum of the area of all building and
free standing signs on the lot conforms
with the maximum permitted sign area for the zoning district in which the lot
is located as specified in Table 2;
2. The characteristics of the sign conform
with the limitations of Table 3; Permitted Sign Characteristics, and with any
additional limitations on characteristics listed in Table 1 or Table 2.
c. Any sign not listed on the following
tables are not permitted, with or without a permit.
|
KEY
TO Tables 1 through 3 |
|
|
RR Rural
Residential UR Urban
Residential RO Residential
Office INS Institutional Uses Permitted in Residential Zoning Districts (a) CBD Central
Business District r |
GBD Gateway Business District GC1 General
Commercial 1 GC2 General
Commercial 2 IM Marine
Industrial OSR Open Space Recreation PS Public Sign
Uses Permit |
|
P = Allowed without sign permit S = Allowed only with sign permit N = Not allowed PH = Allowed only upon approval by the Planning Commission after a
public hearing. |
|
|
For parenthetical references, e.g., "(a)," see
notes following graphical portion of table. |
|
|
Sign Type |
RR |
UR |
RO |
INS |
CBD |
GBD |
GC1 |
GC2 |
CM |
MI |
OSR |
PS |
|
Freestanding |
|
|
|
|
|
|
|
|
|
|
|
|
|
Residential
(b) |
P |
P |
P |
P |
P |
P |
N |
N |
N |
N |
P |
PH |
|
Other
(b) |
N |
N |
N |
S |
S |
S
(k) |
S |
S |
S |
S |
N |
PH |
|
Incidental (c) |
N |
N |
P (d) |
P (d) |
P |
P |
P |
P |
P |
P |
N |
N |
|
Building |
|
|
|
|
|
|
|
|
|
|
|
|
|
Banner |
N |
N |
N |
N |
S |
N |
S |
S |
S |
S |
N |
N |
|
Building Marker(e) |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
N |
|
Identification (d) |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
N |
|
Incidental (c) |
N |
N |
P (f) |
P (c) |
P |
P |
P |
P |
P |
P |
N |
N |
|
Marquee (g) |
N |
N |
N |
N |
S |
S |
S |
S |
S |
S |
N |
N |
|
Projecting (g) |
N |
N |
N |
N |
S |
S |
S |
S |
S |
S |
N |
N |
|
Residential (b) |
P |
P |
P |
N |
P |
P |
N |
N |
N |
N |
P |
N |
|
Roof |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
|
Roof, Integral |
N |
N |
N |
S |
S |
S |
S |
S |
S |
S |
N |
N |
|
Suspended (g) |
N |
N |
N |
S |
S |
S |
S |
S |
S |
S |
N |
N |
|
Temporary (h) |
N |
N |
N |
N |
P |
S |
P |
P |
P |
P |
N |
N |
|
Wall |
P |
P |
P |
P |
S |
S |
S |
S |
S |
S |
P |
PH |
|
Window |
N |
N |
P |
N |
S |
S |
S |
S |
S |
S |
N |
N |
|
Miscellaneous |
|
|
|
|
|
|
|
|
|
|
|
|
|
Banner(c) |
N |
N |
N |
N |
S |
S |
S |
S |
S |
S |
N |
N |
|
Flag (i) |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
Portable(j) |
N |
N |
N |
N |
S |
S |
S |
S |
S |
S |
N |
N |
|
Notes
to Table 1: a. This column does not represent a
zoning district. It applies to
institutional uses permitted under the zoning code in the RR, UR and RO
zoning districts. Institutional is
defined as an established organization or corporation of a public,
non-profit, or public safety/benefit nature, i.e., schools, churches, and
hospitals. b. No commercial message allowed on
sign, except for a commercial message drawing attention to goods or services
legally offered on the lot, except
signs approved by the State of Alaska Department of Transportation and signs
that meet the requirements of HCC § 21.60.092. c. No commercial message of any kind
allowed on sign if such message is legible from any location off the lot on
which the sign is located. d. Only address and name of occupant
allowed on sign. e. May include only building name, date
of construction, or historical data on historic site; must be cut or etched
into masonry, bronze, or similar material. f. No commercial message of any kind
allowed on sign. g. If such a sign is suspended or
projects above a public right-of-way, the issuance and continuation of a sign
permit shall be conditioned on the sign owner obtaining and maintaining in
force liability insurance for such a sign in such form and such amount as the
City Planner may reasonably from time to time determine, provided that the
amount of such liability insurance shall be at least $500,000 per occurrence
per sign. h. The conditions of HCC § 21.60.130
of this ordinance apply. i. Flags of the United States, the
state, the city, foreign nations having diplomatic relations with the United
States and any other flag adopted or sanctioned by an elected legislative
body of competent jurisdiction. These
flags must be flown in accordance with protocol established by the Congress
of the United States for the Stars and Stripes. Any flag not meeting any one or more of
these conditions shall be considered a banner sign and shall be subject to
regulations as such. j. Permitted on the same terms as a
temporary sign, in accordance with HCC § 21.60.130, except that it may
be free standing. k. The main entrance to a
development in GBD may include one
ground sign announcing the name of the development. Such sign shall
consist of natural materials. Around the sign grass, flowers and shrubs
shall be placed to provide color and visual interest. The sign must comply with applicable sign
code requirements. |
|
Table 3.
Permitted Sign Characteristics by Zoning District |
|
|
RR |
UR |
RO |
INS (a) |
CBD |
GBD |
GC1 |
GC2 |
CM |
IM |
OSR |
PS (e) |
|
Animated (b) |
N |
N |
N |
N |
S |
N |
S |
N |
S |
N |
N |
N |
|
Changeable Copy (c) |
N |
N |
N |
N |
S |
N |
S |
S |
S |
S |
N |
PH |
|
Illumination Internal |
N |
N |
N |
S |
S |
N |
S |
S |
S |
S |
N |
N |
|
Illumination External |
N |
N |
N |
S |
S |
S |
S |
S |
S |
S |
N |
PH |
|
Neon (d) |
N |
N |
N |
N |
S |
N |
S |
S |
S |
S |
N |
N |
|
Notes to Table 3: a. The INS
column does not represent a zoning district.
It applies to institutional uses permitted under the zoning code, in
the RR, UR and RO zoning districts.
Institutional is defined as an established organization or corporation
of a public, non-profit, or public safety/benefit nature, i.e., schools,
churches, and hospitals. b. Animated
signs may not be neon or change colors or exceed three square feet in area. c. Changeable Copy signs must be wall or pole mounted, and may not be flashing. d. Neon signs
may not be flashing and may not exceed 32 square feet. e. The PS column does not represent a zoning district. It applies to Public Signs permitted under the zoning code, in all zoning districts. |
21.60.070 Permits required. a. If
a sign requiring a permit under the provisions of this chapter is to be placed,
constructed, erected, or modified on a
lot, the owner of the lot shall secure a sign permit prior to the
construction, placement, erection, or modification of such a sign in accordance
with the requirements of HCC § 21.60.120.
b. No
sign shall be erected in the public right-of-way except in accordance with HCC § 21.60.090
and the permit requirements of HCC § 21.60.140.
21.60.080 Design, construction, and maintenance. All signs shall be designed, constructed, and
maintained in accordance with the following standards:
a. No
sign shall be allowed to be a safety hazard.
All signs shall be maintained in good repair. Any sign not in substantial, sturdy condition
will be subject to abatement as a public nuisance.
b. Except
for banners, flags, temporary signs and window signs conforming in all respects
with the requirements of this chapter, all signs shall be constructed of
permanent materials and shall be permanently attached to the ground, a
building, or another structure by direct attachment to a rigid wall, frame, or
structure.
c. Visibility for vehicles at access points to public streets shall be protected as required in HCC § 21.73.200. No sign shall be placed or maintained within the visibility clearance area.
d. Signs
shall be setback at least five feet from all property lines except wall signs
are permitted on any legally located building wall.
e. Illumination,
if used, shall not be animated. Light rays shall shine only upon the sign or
upon the lot on which the sign is
located, and no direct light or significant glare shall be cast onto any
adjacent lot, street, or right-of-way.
f. Projecting
signs shall have a maximum projection of four feet from the building and not
exceed 20 square feet in area.
21.60.090 Signs in the public right-of-way. No sign shall be allowed in the public
right-of-way, except for the following:
a. Permanent
Signs. Only the following permanent
signs, including:
1. Public signs erected by or on behalf of
a governmental body to post legal notices, identify public property, convey
public information, and direct or regulate pedestrian or vehicular traffic;
2. Informational signs of a public utility
regarding its poles, lines, pipes, or facilities; and
3. Signs containing commercial messages
must be approved by the State of Alaska Department of Transportation, Tourist
Oriented Directional Signing Program.
b. Temporary
Signs. Temporary signs for which a permit
has been issued in accordance with HCC § 21.60.140, which shall be issued only
for signs meeting the following requirements:
1. The signs shall contain no commercial
message; and
2. The signs shall be no more than two
square feet in area each.
3. Notwithstanding (1) and (2), such signs
calling attention to civic events shall be no more than four square feet in
area, if freestanding, or if street banner, may not exceed the width of
traveled portion of road.
c. Emergency
signs. Emergency warning signs erected
by a governmental agency, a public utility company, or a contractor doing
authorized or permitted work within the public right-of-way.
d. Other
Signs Forfeited. Any sign installed or
placed on public property, except in conformance with the requirements of this
section, shall be forfeited to the City and subject to confiscation. In addition to other remedies hereunder, the
City shall have the right to recover from the owner or person placing such a
sign the full costs of removal and disposal of such sign.
21.60.092 Off-premise signs. Off-premise signs are allowed in all
nonresidential zoning districts subject to the restrictions of this section,
which are in addition to the other requirements of the sign code:
a. No
more than one sign per lot, containing
up to four separate messages, commercial or non-commercial per sign, may be
allowed;
b. No
more than one message per business, product, service or other commercial or
non-commercial activity may be allowed on an off-premise sign anywhere in the
city;
c. Maximum
area of signage per commercial or non-commercial message shall be five square
feet, inclusive of a logo, if any, which shall not exceed one square foot in
area;
d. Maximum
height of a free standing off-premise sign shall not exceed ten feet;
e. Illumination,
if used, shall not be animated. Light
rays shall shine only upon the sign or upon the
lot on which the sign is located, and no direct light or significant
glare shall be cast onto nay adjacent
lot, street, or right-of-way, and;
f. The
owner and lessee, if any, of the lot on which the sign is located and the owner
of any commercial or non-commercial activity named or depicted on an
off-premise sign shall be jointly and severally responsible for compliance with
the sign code.
21.60.095 Electoral signs. Electoral signs are allowed in all zoning
districts subject to the restrictions of this section.
a. Electoral
signs are allowed in any number and shall be in addition to any other signs
allowed under the sign code.
b. Electoral
signs may be displayed only for a period of 60 days prior to any federal, state
or municipal election. All electoral
signs must be removed within one week following the election; provided that
signs erected for any primary or general election that remain relevant to a
subsequent general or run-off election may remain in place for the period
between the elections. During other
periods of time, electoral signs shall be subject to regulation as other signs
under the sign code.
c. Electoral
signs shall not be placed on public property or rights-of-way except in
accordance with HCC § 21.60.090.
d. An
electoral sign shall not exceed 32 square feet in area and shall not exceed the
height limitation applicable to non-electoral signs within the same zoning
district.
e. Electoral
signs shall not violate HCC § 21.60.080.
21.60.097 Public Signs. Public Signs are allowed in all zoning
districts as designated in Tables 1, 2 and 3, subject to the following
requirements:
a. Public
Signs are allowed on publicly owned and privately owned lots.
b. Public
Signs are allowed in rights-of-ways and are subject to HCC § 21.60.090.
c. No
more than one Public Sign is allowed per
lot.
d. No
Public Sign may be placed within 300 feet of another Public Sign.
e. Freestanding
Public Signs shall not exceed 32 square feet in area.
f. Freestanding
Public Signs shall not exceed 10 feet in height.
g. Public
Signs other than freestanding shall not exceed 24 square feet in area.
h. No
Public Signs are allowed without a permit.
i. Public
Sign design and placement must be submitted to the Planning Commission for
approval, including Public Signs provided or installed by the City of Homer.
j. The
Planning Commission shall conduct a public hearing prior to approving a Public
Sign.
k. A
permit issued for a Public Sign shall be valid for a maximum period of five
years from the date of issuance.
l. A permit may be renewed by the same
process as the original permit.
21.60.100 Signs exempt from regulation under this
chapter.
The following signs shall be exempt
from regulation under this chapter:
a. Any
public notice or warning required by a valid and applicable federal, state, or
local law, regulation, or ordinance;
b. Any
sign inside a building, not attached to a window or door, that is not legible from
a distance of more than three feet beyond the lot line of the lot or parcel on which such sign is located;
c. Works
of art that do not contain a commercial message;
d. Holiday
lights between October 15 and April 15;
e. Traffic
control signs on private property, such as a stop sign, a yield sign, and
similar signs, the face of which meet Department of Transportation standards
and that contain no commercial message of any sort; and
f. Signs
in existence before February 11, 1985, but such signs shall not be replaced,
moved, enlarged, altered, or reconstructed except in compliance with this chapter.
21.60.110 Signs prohibited under this chapter. All signs not expressly permitted under this
chapter or exempt from regulation hereunder in accordance with HCC § 21.60.100
are prohibited in the City. Without
limiting the foregoing, examples of prohibited signs include:
a. Beacons;
b. Pennants;
c. Strings
of lights not permanently mounted to a rigid background, except those exempt
under HCC § 21.60.100;
d. Inflatable
signs and tethered balloons;
e. Animated
signs that are neon, change colors, or exceed three square feet in area;
f. Placement
of hand bills, flyers, or bumper stickers on parked vehicles other than by
owner;
g. Abandoned
signs, which shall be removed by the owner or lessee, if any, of the lot upon which the signs are located. If such owner or lessee fail to remove such
signs after an opportunity for a hearing before the Planning Commission and
fifteen days written notice to remove given by the City, then (i) the owner or
lessee has committed a violation, and (ii) the City may remove the signs and
collect the cost of removal from such owner or lessee, who shall be jointly and
severally liable for such cost.
21.60.120 General permit procedures. The following procedures shall govern the
application for, and issuance of, all sign permits under this chapter.
a. Applications. All applications for sign permits of any kind
shall be submitted to the Department on an application form or in accordance
with application specifications published by the Department. The owner of the lot is responsible for
obtaining all required sign permits. For
the purposes of this chapter, the lessee of any property owned by the City
shall be considered the property owner and is responsible for all necessary
sign permits and compliance with the sign code.
b. Fees. Each application for a sign permit shall be
accompanied by the applicable fees, which shall be established by the Homer
City Council from time to time by resolution.
c. Action. Within seven working days of the submission
of a complete application for a sign permit, the Department shall either:
1. Issue the sign permit, if the sign(s)
that is the subject of the application conforms in every respect with the requirements
of this chapter; or
2. Reject the sign permit if the sign(s)
that is the subject of the application fails in any way to conform with the
requirements of this chapter. In case of
rejection, the Department shall specify in the rejection the section or
sections of the chapter or applicable plan with which the sign(s) is
inconsistent.
21.60.130 Temporary signs-Private property. Temporary signs on private property shall be
allowed subject to the following requirements:
a. Term. A temporary sign shall not be displayed for
more than 14 days in any 90-day period, except a sign offering for sale or
lease the lot on which the sign is
located, which is allowed as long as the property is for sale or lease.
b. Number. Only one temporary sign per lot is allowed.
c. Unless
a smaller size is required by another provision of this title, the maximum size
of a temporary sign is restricted to 16 square feet.
21.60.140 Temporary signs-Public right-of-way. Permits for temporary private signs in the
public right-of-way shall be issued in accordance with the following
conditions:
a. Term
and Number of Permits. The maximum term
of such a permit shall be 60 days. No
more than one permit for temporary signs shall be issued to any applicant in
any calendar year. For any sign
containing the name of a political candidate, the candidate shall be deemed to
be the applicant.
b. The
signs must meet the requirements of Table 3 of this chapter.
c. Number
of signs. No more than 20 signs may be
erected under one permit.
21.60.150 Time of compliance-Nonconforming signs and
signs without permits. a. Except as otherwise provided herein, the
owner of any lot or other premises on
which exists a sign that does not conform with the requirements of this chapter
or for which there is no current an valid sign permit must remove such sign or,
in the case of a nonconforming sign, bring it into conformity with the
requirements of this chapter.
b. Signs that were prohibited by Ordinance 84-33(S), as amended by Ordinances 86-18, 89-8 and that are prohibited in this chapter are illegal and must be removed immediately.
c. Any sign that was constructed and continues to be maintained in accordance with the applicable ordinances and other laws that existed prior to an amendment to this code, but which becomes unlawful as a result of an amendment to this code, is lawfully nonconforming. A sign that is lawfully nonconforming under this subsection may remain in place and continue to be maintained for a period of one year after the effective date of the amendment. If any action is taken that increases the degree or extent of the nonconformity with the amended code, the sign loses lawful nonconforming status and must be removed immediately. A change in the information on the face of an existing nonconforming sign is allowed. At the end of the period during which the lawfully nonconforming sign is allowed to remain in use, the sign shall either be removed or the owner must obtain a permit, if required, and complete all other steps and make any modifications necessary to bring it into full compliance with this code.
d.
Any sign that was
constructed and continues to be maintained in accordance with the applicable
laws that governed territory prior to its annexation to the City, but which becomes
unlawful under this code as a result of annexation to the City, is lawfully
nonconforming. A sign that is lawfully
nonconforming under this subsection may remain in place and continue to be
maintained for a period of one year after the later of (i) the effective date
of the annexation of the territory or (ii) the effective date of the ordinance
that assigns the territory in which the sign is located to a zoning district
under the Homer zoning code. If any
action is taken that increases the degree or extent of the nonconformity with
the code, the sign loses lawful nonconforming status and must be removed
immediately. A change in the information
on the face of an existing nonconforming sign is allowed. At the end of the period during which the
lawfully nonconforming sign is allowed to remain in use, the sign shall either
be removed or the owner must obtain a permit, if required, and complete all other
steps and make any modifications necessary to bring it into full compliance
with this code.
21.60.160 Violations. a. Any
of the following shall be violation of this chapter and shall be subject to the
enforcement remedies and penalties provided by this chapter, by the zoning
code, and by state law. It is a
violation:
1. To install, create, erect, or maintain
any sign in a way that is in violation of any provision of this chapter;
2. To install, create erect, or maintain
any sign requiring a permit without such a permit;
3. To fail to remove any sign that is
installed, created, erected, or maintained in violation of this chapter; or
4. To continue any such violation; or
5. To commit any other act declared by this chapter to be a violation.
b. Each
day of a continued violation shall be considered a separate violation when
applying the penalty portions of this chapter.
c. Each
sign installed, created, erected, or maintained in violation of this chapter
shall be considered a separate violation when applying the penalty portions of
this chapter.
21.60.170 Enforcement and remedies. a. Any violation or attempted violation of this chapter or of any condition or requirement adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to law.
b.
A violation of this chapter shall be considered a violation of the
zoning code of the City, subject prosecution and, upon conviction, subject to
fines pursuant to HCC § 21.90.100.
c. The
City shall have and may exercise all remedies provided for or allowed by City
code or other law for the violation of the zoning code.
d. All
remedies provided herein shall be cumulative.
To the extent that state law may limit the availability of a particular
remedy set forth herein for a certain violation or a part thereof, such remedy
shall remain available for other violations or other parts of the same
violation.
Chapter 21.61
NONCONFORMING USES, STRUCTURES, AND LOTS
21.61.010 Nonconformities in general. When a zoning ordinance or other land use
regulation is adopted or amended, or when the zoning district designation applicable
to a lot changes, or when annexation or other boundary changes occur, then as a
result a previously lawful lot, structure, or use may no longer be
allowed. Such previously lawful lot,
structure, or use shall be considered a nonconforming lot, structure or
use. Such nonconformities may continue,
subject to the requirements of this chapter and any other provisions of the Homer
Zoning Code that expressly apply to nonconforming lots, structures, or uses.
21.61.015 Definitions. For the purposes of this chapter the
following words and phrases shall be interpreted or defined as set forth in
this section, and such interpretations or definitions shall supersede any
conflicting interpretations or definitions set forth elsewhere in this title:
"Abandon"
means (a) with respect to a use, the cessation of such use for any length of
time, combined with intent to indefinitely cease such use, or (b) with respect
to a structure, the cessation of occupancy of such structure for any length of
time, combined with intent to indefinitely cease occupancy of such structure.
"Change"
means, with respect to a nonconforming use, that the nonconforming use has been
converted to a different use for any period of time, regardless of intent.
"Discontinued"
means that a nonconforming use has ceased, and has not substantially resumed,
for a period of 12 consecutive months, regardless of intent.
"Occupy"
or "occupancy" means actual physical occupancy of a structure or
lot, regardless of intent.
"Primary
use" means the primary activity actually conducted in a serious,
substantial, and ongoing manner on a lot or in a structure, and for which the
lot or structure is actually and primarily occupied and maintained, regardless
of intent.
"Substantially
resumed" means substantial and continuous resumption of the use as the
primary use for a period of at least 60 consecutive days. Activity that does not meet this standard is
not sufficient to interrupt a period of discontinuance.
"Use"
means activity actually conducted on a lot or in a structure, and for which the
lot or structure is actually occupied and maintained, regardless of intent.
21.61.020 Nonconforming lots. a. A nonconforming lot containing at least 6,000 square feet on May 16, 1978, may be developed in conformity with all other provisions of this title even though such lot fails to meet currently applicable minimum area or width requirements.
b. No lot containing less than 6,000 square feet on May 16, 1978, may be used except as follows:
(1) In the residential districts, i.e., RR, UR, and RO, on any lot that fails to meet minimum area or width requirements, one single-family dwelling with a proper zoning permit is permitted; and
(2) in all other districts such lots may be
used only in full compliance with all applicable provisions of the current zoning
code.
21.61.030 Nonconforming structures. A nonconforming structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
a. A nonconforming structure may be enlarged or altered, but only if it does not increase its nonconformity;
b. If a nonconforming structure is moved for any reason for any distance whatsoever it shall thereafter conform to the code provisions applicable in the zone in which it is located after it is moved;
c.
If a nonconforming structure or nonconforming portion of a structure is
damaged by any means to an extent of more than fifty percent of its replacement
cost at time of the damage, it shall not be reconstructed except in conformity
with the provisions of Homer City Code.
d. If at any time a nonconforming structure is abandoned or brought into conformity with this title, the structure shall thereafter conform to all the regulations of the in which it is located, and the nonconforming structure shall not be allowed to continue in use.
21.61.040 Nonconforming uses. A nonconforming use may be continued so long as it
remains otherwise lawful, subject to the following provisions:
a. No nonconforming use shall be enlarged or
increased, nor extended to occupy a greater area of land than was occupied as
of the date it became nonconforming;
b. No nonconforming use shall be moved in
whole or in part to any other portion of the lot that was not occupied by the
nonconforming use as of the date it became nonconforming;
c. Any new structure built in
connection with the nonconforming use must be in full compliance will all
applicable provisions of the zoning code and other laws then in effect.
d. If
at any time a nonconforming use is abandoned, changed, discontinued, or ceases
to be the primary use of a lot, the use of that lot shall thereafter conform to
the code provisions applicable in the zone in which the lot is located, and the
nonconforming use shall not thereafter be resumed or allowed to continue.
21.61.050 Proof of nonconforming use or structure. a. It is the responsibility of the owner to produce evidence proving the existence and continuous use of every lawful nonconforming use and structure. Upon presentation of such proof at a pubic hearing, the Planning Commission may formally approve each nonconforming use or structure, or both. If approved by the Commission, it shall adopt a written decision that includes a complete description of every approved nonconforming use and structure.
b. No zoning permit may be issued under HCC Chapter 21.70 for any activity on a lot prior to Commission approval of all nonconforming uses and structures existing on the lot.
21.61.060 Termination of nonconforming use or structure. The right to continue a nonconforming use or structure previously approved by the Commission is subject to termination by the Commission if it finds, after providing the property owner notice and an opportunity to be heard at a public hearing, that
a. in the case of a nonconforming structure, it has subsequently been abandoned or brought into conformity with the Homer Zoning Code, or
b. in the case of a nonconforming use, the use has subsequently been abandoned, changed, discontinued, or ceases to be the primary use of a lot.
ARTICLE 5
Permits, Plans and Reviews
Chapter 21.70
ZONING
PERMIT
21.70.010 Zoning permit required. a. Except as provided in subparagraph (c), a zoning permit shall be obtained from the City Planner for the following:
1. Erection, construction or expansion of any building or structure.
2. Site development activities that trigger other review or approval requirements under the Homer Zoning Code, such as but not limited to, the requirement of a site plan, Development Activity Plan or Storm Water Protection Plan.
3. A change or expansion of any building, structure or lot.
4. A change or expansion of the use of a lot.
b. The zoning permit required by this section shall be obtained prior to the commencement of any work, change or expansion of a building, structure, lot or use, or other activity for which the permit is required. Failure to do so is a violation.
c. The following are exempt from the requirement to obtain a zoning permit, but not from compliance with applicable requirements of the Homer Zoning Code, such as, but not limited to the Development Activity Plan or Storm Water Protection Plan:
1. Erection or construction of a one-story detached accessory building used as a tool and storage shed, playhouse, or other accessory use, provided the building area does not exceed 200 square feet, and further provided that there is already a main building on the same lot.
2. Fences or walls used as fences, unless otherwise regulated by the Homer City Code.
3. Removal of any building or structure.
4. Termination of any type of use.
21.70.020 Application. a. Only the owner or lessee of the lot or a person authorized in writing by the owner or lessee may apply for a zoning permit. The City Planner may require the applicant to submit proof of authority to apply for a zoning permit.
b. All applications for zoning permits shall be on forms furnished by the City. The application shall require the following information:
1. The name, residence address, and mailing address of the applicant, the owner of the lot, and any lessee of the lot.
2. The legal description and street address of the lot.
3. A narrative description of the intended use of the lot, building, or structure.
4. The zoning code use classification under which the permit is sought.
5. For new buildings or structures, or for changes to the exterior dimensions of existing buildings or structures, a survey, plat, or plan, drawn to scale of not less than 1" = 20'. The survey, plat, or plan shall show the actual dimensions of the lot, the exact size, plan and elevation drawings and location of the buildings and structures erected or to be erected thereon, adjacent street rights-of-way, utility easements and facilities, building setbacks, driveways, the number and location of any off-street parking or loading spaces, and drainage. A site plan prepared according to HCC Chapter 21.73 may be substituted for the survey, plat, or plan requested by this subsection.
6. Copies of any building permits or other permits required by applicable federal, state or local law or regulations.
7. Copies of approved plans or other submittals that may be required by code, such as but not limited to, Traffic Impact Analysis, Development Activity Plan, and Storm Water Plan.
8. Such additional information as the City Planner shall require to enable the City Planner to determine whether the application satisfies the requirements for issuance of a permit.
9. The applicant's signed certification that all the information contained in the application is true and correct.
21.70.030 Permit issuance and denial. a. The City Planner 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. The City Planner may also refer the application to other City officials for review, comment or approval for compliance with applicable City Code. If the application meets all of the requirements, the City Planner will issue a written zoning permit.
b. The City Planner will deny a zoning permit if the application is incomplete or the City Planner determines that the application does not meet all the requirements for issuance of a zoning permit. A denial must be in writing and state the reasons for denial. It shall be promptly given to the applicant. If an application is denied because of incompleteness, the applicant may resubmit the application at any time, supplying the missing information.
c. In granting a zoning permit, no City official or employee has authority to grant a waiver, variance, or deviation from the requirements of the zoning code and other applicable laws and regulations, unless such authority is expressly contained therein. Any zoning permit that attempts to do so may be revoked by the City Manger as void. The applicant, owner, lessee, and occupant of the lot bear continuing responsibility for compliance with the zoning code and all other applicable laws and regulations.
d. If the City grants a zoning permit when the applicant has not obtained all necessary permits or approvals from the federal, state, or other local governments or agencies, or has otherwise failed to satisfy all the requirements for a permit, neither the City, the City Planner, or any other City officer or employee shall be liable to any person for any consequences thereof. The applicant, owner, lessee, and occupant of the lot are solely responsible to ensure that all required permits and approvals have been obtained, and the issuance of a zoning permit by the City does not does not excuse any such requirement nor does it constitute a warranty or representation that all required permits and approvals have been obtained from the federal, state, or other local governments or agencies.
21.70.040 Permit terms. a. A zoning permit shall include a deadline that allows the applicant a reasonable amount of time in which to complete the work authorized by the permit. If the work is not completed within the time allowed, the City Planner may grant one reasonable extension for good cause shown. No additional extension will be granted, except upon the approval of the Commission for good cause shown.
b. A zoning permit for a multiple-family dwelling or for a building or structure for commercial or industrial use shall require the applicant to submit to the City Planner, promptly after completion of the work:
1. An as-built survey, completed by a licensed surveyor, of the location, foundation, dimensions, and proximity to all lot lines of all buildings and structures covered by the permit, and
2. An as-built schematic of the completed building(s) and structure(s) showing at least the perimeter, dimensions, entrances, driveways, parking areas, and loading areas.
3. Proof of compliance with applicable building, plumbing, electrical, mechanical and other such codes adopted by the State of Alaska.
21.70.050 Permit - public display. a. All permits issued under this chapter, including amendments and extensions, shall be displayed for public inspection in a prominent place, readily viewable from the nearest street, at the site for which the permit was obtained. The permit shall be on display prior to commencement of any work at the site and remain on display until all work is completed.
b. The display of the permit constitutes the property owner's implied consent to the public to enter upon the property as reasonably necessary to inspect the permit at the point of display, and no person shall impede the access of the public to that point for the purpose of inspecting the permit.
21.70.060 Permit - fee. The applicant for a zoning permit shall pay a fee according to the fee schedule established by resolution of the city council. No application shall be processed until the fee is paid.
21.70.070 Other permits under zoning code. Nothing in this chapter shall relieve the applicant of the obligation to obtain a conditional use permit, sign permit, variance, or other permit or approval required by other provisions of the zoning code. The zoning permit required by this chapter shall be in addition to any other applicable permit or approval requirements. If any such additional permits or approvals are required, they must be obtained prior to the issuance of the zoning permit under this chapter.
21.70.080 Revocation of permit. a. The City Planner may revoke a permit for cause, including but not limited to any of the following:
1. The application for the permit contained any error, misstatement or misrepresentation of material fact, either with or without intention on the part of the applicant, such as might or would have caused a denial of the permit or the inclusion of additional conditions or requirements.
2. Any material change in the location, size, or shape of the building or structure made subsequent to the issuance of a permit, except pursuant to written amendment of the zoning permit approved by the City Planner.
3. Any material change in the use or intended use of the building, structure, or land made subsequent to the issuance of a permit, except pursuant to written amendment of the zoning permit approved by the City Planner.
4. The failure to comply with the terms of the zoning permit or the failure to complete the work authorized by the zoning permit within the time allowed in the permit, including any extensions that may be granted.
b. Prior to revoking a permit, the City Planner shall give the applicant, property owner, or lessee affected by the revocation notice of the grounds for revocation and a meaningful opportunity to be heard concerning those grounds. If after such hearing the City Planner determines the permit shall be revoked, the City Planner shall prepare and promptly deliver to the interested parties a written decision stating the grounds for revocation and citing the evidence in support thereof. The City Planner's written decision may be appealed.
21.70.090 Occupancy without a permit prohibited. No person shall use or occupy a building or structure that has been erected, constructed, enlarged, altered, repaired, moved, improved, or converted after January 1, 2000, without a properly issued and unrevoked zoning permit required by this chapter.
Chapter 21.71
CONDITIONAL USE PERMIT
21.71.010 Scope and purpose of chapter. a. This chapter applies to the review and approval of conditional use permit applications when a conditional use permit is required by other provisions of the zoning code.
b. A conditional use permit may be granted to approve land uses and structures with special design or site requirements, operating characteristics, or potential adverse effects on surroundings. Approval may occur through Planning Commission review and, where necessary, the imposition of special conditions of approval.
c. Nothing
in the zoning code shall be construed to required the granting of a conditional
use permit.
21.71.020 Application for conditional use permit. a. An application for a conditional use permit shall be submitted to the City Planner on a form provided by the City. The application shall include:
1. Name and mailing address of the owner
of the subject lot.
2. Name and mailing address of the applicant for the permit.
3. A legal description and the street
address of the subject lot.
4. A narrative description of all proposed uses and structures, specifically identifying those that require conditional use permit approval.
5. A level one or higher site plan prepared according to HCC Chapter 21.73. In addition to the requirements of HCC Chapter 21.73, the site plan shall show the location of all outdoor areas to be used for the conditional use..
6. A map showing neighboring lots and a
narrative description of the existing uses of all neighboring lots.
7. All additional information (including any permits, plans and analyses) required by other provisions of the zoning code applicable to the proposed use within the subject zoning district.
8. Any additional information the City Planner may require to determine whether the application satisfies the criteria for issuance of a permit.
9. If the applicant is not the owner of the subject lot, the owner's signed authorization granting applicant the authority to (i) apply for the conditional use permit and (ii) bind the owner to the terms of the conditional use permit, if granted.
10. The
applicant's signed certification that all the information contained in the
application is true and correct.
b.
The City Planner will determine if the application is complete. If not complete, the City Planner will advise
the applicant what corrective actions should be taken to complete the
application.
21.71.030 Review criteria. The
applicant must produce evidence sufficient to enable meaningful review of the
application. Unless exceptions or other criteria are stated elsewhere in this
code, the application will be reviewed under these criteria:
a. The applicable code authorizes each proposed use and structure by conditional use permit in that zoning district.
b. The
proposed use(s) and structure(s) are compatible with the purpose of the zoning
district in which the lot is located.
c. The
value of the adjoining property will not be negatively affected greater than
that anticipated from other permitted or conditionally permitted uses in this district.
d. The
proposal is compatible with existing uses of surrounding land.
e. Public services and facilities are or will be, prior to occupancy, adequate to serve the proposed use and structure.
f Considering harmony in scale, bulk, coverage and density, generation of traffic, the nature and intensity of the proposed use, and other relevant effects, the proposal will not cause undue harmful effect upon desirable neighborhood character.
g. The proposal will not be unduly detrimental to the health, safety or welfare of the surrounding area or the city as a whole.
h. The proposal does or will comply with the applicable regulations and conditions specified in this title for such use.
i. The proposal is not contrary to the applicable land use goals and objectives of the Comprehensive Plan.
21.71.040 Approval of conditional use. a. The Planning Commission will review and may approve, approve with conditions, or deny an application for conditional use permit. The application shall not be approved unless it is established that the proposal, with conditions if necessary, satisfies the applicable review criteria.
b. In
approving a conditional use, the Commission may impose such conditions on the
use as may be deemed necessary to ensure the proposal does and will continue to
satisfy the applicable review criteria. Such
conditions may include, but are not limited to, one or more of the following:
1. Special yards and spaces.
2. Fences, walls and screening.
3. Surfacing of vehicular ways and parking
areas.
4. Street and road dedications and
improvements (or bonds).
5. Control of points of vehicular ingress
and egress.
6. Special restrictions on signs.
7. Landscaping.
8. Maintenance of the grounds, buildings,
or structures.
9. Control of noise, vibration, odors,
lighting or other similar nuisances.
10. Limitation of time for certain
activities.
11. A time period within which the proposed
use shall be developed and commence operation.
12. A limit on total duration of use or on the term of the permit, or both.
13. More stringent dimensional requirements, such as lot area or dimensions, setbacks, and building height limitations. Dimensional requirements may be made more lenient by conditional use permit only when such relaxation is authorized by other provisions of the zoning code. Dimensional requirements may not be altered by conditional use permit when and to the extent other provisions of the zoning code expressly prohibit such alterations by conditional use permit.
14. Other conditions necessary to protect the interests of the community and surrounding area, or to protect the health, safety, or welfare of persons residing or working in the vicinity of the subject lot.
21.71.050 Commission Hearing and Procedures. a. When
the application is determined to be complete, the City Planner shall schedule a
public hearing before the Planning Commission and provide notice of the application
as specified in HCC Chapter 21.94. The
public hearing shall be held within 45 days after determining the application
is complete.
b. The Commission shall, within 45 days of the close of the public hearing, approve, approve with conditions, or disapprove the application. The Commission shall promptly issue written findings and reasons supporting its decision.
c. In the event the Commission fails to act within 45 days of the close of the public hearing, the application is considered approved with such conditions or limitations as may have been recommended by the City Planner. The applicant for a conditional use permit may consent in writing to extend the period for action by the Commission.
d. Approval of the conditional use shall require the affirmative vote of five members of the Commission.
e. If a conditional use permit is denied, the written findings and reasons for that decision shall be approved by those who voted against the permit, even if the number against is less than a majority of the Commission.
21.71.060 Permit Issued by Planner. The City Planner shall promptly issue a conditional use permit in accordance with a decision of the Commission approving an application.
21.71.070 Time limitations. Failure of the applicant to meet any time limits imposed by the conditional use permit are grounds for revocation of the conditional use permit by the Commission, after notice to the permittee and public hearing. An extension of any time limit may be granted by the Commission following a public hearing on the matter. The Commission may grant extensions for any cause it deems sufficient.
Chapter 21.72
VARIANCES
21.72.010
General. A variance may be granted by the
Planning Commission to provide relief when a literal enforcement of the Homer
Zoning Code would deprive a property owner of the reasonable use of a lot.
21.72.020
Conditions precedent to granting variance. a. All
of the following conditions shall exist before a variance may be granted:
1. A literal interpretation of the
provisions of the Homer Zoning Code would deprive the applicant of rights
commonly enjoyed by other properties in the same district.
2. Special conditions and circumstances
exist that are peculiar to the land or structures involved and are not
applicable to other lands and structures in the same district.
3. The special conditions and circumstances
that require the variance have not been caused by the applicant.
b. Financial
hardship or inconvenience shall not be the sole reason for granting a variance.
c. Other
nonconforming land use or structures within the district shall not be
considered grounds for granting a variance.
d. If
approved, a variance shall be the minimum variance necessary to permit the
reasonable use of the land or structure.
e. A
variance shall not be granted that will permit a land use in a district in
which that use is otherwise prohibited.
21.72.030 Application for a variance. Application for a variance shall be filed
with the City Planner. The application
shall include, but is not limited to all of, the following:
a. All
of the information required for a conditional use permit application, but
referring to the requested variance instead of a conditional use.
b. A
precise description of the variance requested, including each section,
paragraph and sentence of the zoning code from which the applicant wishes to
deviate.
c. A
written narrative describing how the application satisfies each of the requirements
specified in HCC § 21.72.020.
21.72.040 Procedures. a. An
application for a variance shall be reviewed by the Planning Commission
following, to the extent practicable, the procedures for reviewing a
conditional use permit application, except as provided in HCC § 21.72.040(b).
b. If the
Commission fails to act on a variance application within 45 days after the
close of the public hearing, the application is deemed denied for failure to
prove entitlement to the variance. The
time to appeal such a denial begins to run on the 46th day following the close
of the public hearing.
Chapter 21.73
SITE PLANS AND RIGHT-OF-WAY ACCESS
21.73.010 Site plan — general. a. When a site plan is required by other provisions of the zoning code, the applicant shall submit to the City Planner for approval a site plan prepared in conformance with this chapter.
b. The level of site plan required is specified in the applicable zoning district regulations. If the level is not specified, a level one plan is required.
21.73.020 Site plan – level one. A level one site plan shall show on a survey, map or plan of the subject property, drawn to a scale of not less than 1" = 20 ' (one inch equals 20 feet), all of the following:
a. The precise location of the lot boundaries and all setbacks and easements.
b. The
precise location and dimensions of all existing and proposed structures,
including any proposed changes to the exterior dimensions of existing
structures.
c. Elevation
drawings and dimensions of all existing and proposed structures, including any
proposed changes to exterior dimensions of existing structures.
d. Existing
site features and conditions, including topography, drainage, streams, water
bodies, wetlands, lines of mean high tide, storm berms, areas prone to erosion,
and the general location of vegetation.
e. The
precise location of all existing and proposed structures in relation to
existing and proposed streets and other rights-of-way.
f. Access,
including proposed driveway and curb cuts, with arrows indicating vehicular
traffic patterns into and out of the site and to and from all parking areas.
g. On-site
traffic and pedestrian circulation systems, and a detailed parking plan.
h. Pedestrian
access to adjacent public lands, waters, walkways and trails. Where practical,
safe, and where other means of access have not been provided, access easements
may be required.
i. A grading and drainage plan indicating all cuts, fills and areas of disturbance. The plan shall display elevation changes and cut and fill quantities.
j. The location of the site in relation to other existing uses on neighboring properties.
21.73.030 Site plan – level two. A level two site plan shall show on a survey, map or plan of the subject property, drawn to a scale of not less than 1" = 20 ' (one inch equals 20 feet), all of the following:
a.
All information required by subsections
(a) through (e) of HCC § 21.73.020
b. Access,
including proposed driveway and curb cuts, with arrows indicating vehicular
traffic patterns into and out of all loading berths or areas;
c. Turning
radius for vehicles;
d. The
location and proposed screening of open storage areas;
e. Basic
floor plans and location of all existing and proposed structures;
f. Location
of utilities;
g. Proposed
signs and lighting;
h. The location of the site in relation to residential uses and other existing industrial uses on adjacent properties;
i. Location
of snow storage.
21.73.100 Right-of-way access plan - general. a. When a right-of-way access plan is required by other provisions of the zoning code, the applicant shall submit to the City Planner for approval a right-of-way access plan prepared in conformance with this chapter.
b. The level of right-of-way access plan required is specified in the applicable zoning district regulations. If the level is not specified, a level one plan is required.
21.73.100 Right of way access plan – level one. A level one right-of-way access plan shall conform to all of the following:
a. Show all points of access to rights-of-way.
b. Any
access roads and frontage roads shall conform to the polices of the Master
Roads and Streets Plan and the ordinances of the City.
21.73.110 Right-of-way access plan – level two. A level two right-of-way access plan shall conform to all of the following:
a.
Show all points of access to
rights-of-way.
b. Entrances
onto arterials and collectors shall be minimized, and individual businesses
shall share access to rights-of-way whenever reasonable.
c. Any
access roads and frontage roads shall conform to the controlling street plan
elements of the Homer Comprehensive Plan.
d. The plan shall require visibility clearance according to HCC § 21.73.200.
21.73.120 Right-of-way access plan – level three. A level three right-of-way access plan shall conform to all of the following:
a. Show
all points of access to rights-of-way.
b. Vehicular
Circulation and Access
1. Street access shall be limited to one
entrance and one exit per street. One combined entrance/exit is
encouraged to facilitate traffic movement on adjacent streets.
2. To minimize turning movements onto
adjacent public roads, developers are encouraged to provide internal
circulation systems that connect to adjacent developments. When several
adjacent lots front one street it is preferred that they share one driveway or
street access. Site design shall continue internal vehicular ways in
order to reduce the number of driveway and curb cuts onto the Sterling
Highway. Curb cuts onto the Sterling Highway shall be kept to an absolute
minimum.
3. Facilities and access routes for
deliveries, service and maintenance shall be separated when practical from
public access routes and parking areas.
c. Where
applicable, frontage roads shall conform to the Master Roads and Streets Plan, the
Transportation Plan, and the ordinances of the City.
d. The
plan shall require visibility clearance according to HCC § 21.73.200.
21.73.200 Visibility at intersections. a. When a visibility clearance is required by other provisions of the zoning code, visibility clearance for vehicles shall be protected as specified in this section.
b. At
the intersection of any private drive or entrance or exit for a parking area
with a public street, no fence, wall, hedge or other planning or structure
forming a material impediment or visibility between a height of two and one-half
feet and eight feet shall be erected, planted, placed or maintained and no
vehicle so impeding visibility shall be parked within triangular areas defined
by lines connecting points as follows:
Beginning at the point where the midline of the private drive or
entrance or exit for a common parking area intersects the public right-of-way,
thence to a point 35 feet along the right-of-way line in the direction of
approaching traffic, thence to a point 25 feet toward the interior of the
property at the previously described midline, and thence to point of beginning.
This protected area may sometimes be referred
to as a "sight triangle" or "visibility triangle." See Figure ___.
c. Unless otherwise required by law, no
visibility clearance area is required on the side of the drive, entrance or
exit away from approaching traffic on the same side of the street.
Figure ____
Visibility Clearance Area
Chapter 21.74
DEVELOPMENT ACTIVITY PLAN
21.74.010 Development activity plan – when required. a. This chapter applies to a development activity plan (DAP) when required by another provision of the zoning code.
b. When a DAP is required, no person shall do or cause to be done any development activity on the site without first obtaining a DAP approved by the City.
21.74.020 Development activity plan standards. The DAP shall provide for the control of stormwater discharges, the control of total suspended solids, and the control of other pollutants carried in runoff. The DAP shall address and satisfy each of the standards established in this section. These standards apply during construction and all other phases of development activity.
a. Stabilization and sediment trapping. All exposed or disturbed soils with grades exceeding 10 percent and soils exposed to concentrated surface runoff flows, including soil stockpiles, shall be stabilized in a way that protects soil from the erosive forces of weather and flowing water. Applicable practices include, but are not limited to, the installation of silt fences, vegetative establishment, mulching, plastic covering, and the early application of gravel base on areas to be paved. No soils shall remain unstabilized for more than three days. At all times of the year, the contractor shall have sufficient materials, equipment and labor on site to stabilize and prevent erosion from all disturbed areas before initiating or continuing work.
b. Delineation of clearing and easement limits. Clearing limits, setbacks, buffers, and sensitive or critical areas such as steep slopes, wetlands and riparian corridors shall be clearly identified in the DAP, marked in the field, and inspected by the City prior to commencement of land clearing activities.
c. Protection of adjacent properties. Adjacent properties shall be protected from sediment deposition by appropriate use of vegetative buffer strips, sediment barriers or filters, dikes or mulching, or by a combination of these measures and other appropriate methods.
d. Timing and stabilization of sediment trapping measures. Sediment ponds and traps, perimeter dikes, sediment barriers and other approved methods intended to trap sediment on‑site shall be constructed as a first step. These methods shall be functional before additional land‑disturbing activities take place. Earthen structures such as dams, dikes, and diversions shall not remain unstabilized for more than three days.
e. Slope Stabilization. Cut and fill slopes shall be constructed in a manner that will minimize erosion. Roughened soil surfaces are preferred to smooth surfaces. Interceptors should be constructed at the top of long, steep slopes that have significant areas above that contribute runoff. Concentrated runoff should not be allowed to flow down the face of a cut or fill slope unless contained within an adequate channel or pipe slope drain. Wherever a slope face crosses a water seepage plane, adequate drainage or other protection should be provided. In addition, slopes should be stabilized in accordance with subsection (b) above.
f. Controlling off‑site erosion. Properties and waterways downstream from development sites shall be protected from erosion due to increases in the volume, velocity, and peak flow rate of stormwater runoff from the development site by the implementation of appropriate methods to minimize adverse downstream impacts.
g. Stabilization of conveyance channels and outlets. All temporary and permanent on‑site conveyance channels shall be designed, constructed and stabilized to prevent erosion from the expected flow velocity from a 2‑year, 3‑hour duration storm for the post‑development condition. Stabilization adequate to prevent erosion of outlets, adjacent stream banks, slopes and downstream reaches shall be provided at the outlets of all conveyance systems.
h. Storm drain inlet protection. All storm drain inlets made operable during construction shall be protected so that stormwater runoff shall not enter the conveyance system without first being filtered or otherwise treated to remove sediment. After proper written application, the requirement for inlet protection may be waived by the City on a site‑specific basis when the conveyance system downstream of the inlet discharges to an appropriate on‑site sediment control methods, including but not limited to sediment ponds or traps. The conveyance system will be adequately cleaned following site stabilization.
i. Underground utility construction. The construction of underground utility lines shall be limited, where feasible, to no more than 500 feet of open trench at any one time. Where consistent with safety and space considerations, excavated material shall be placed on the uphill side of the trench. Dewatering devices shall discharge to an appropriate sediment trap or pond, preceded by adequate energy dissipation, prior to runoff leaving the site.
j. Constructed access routes. Wherever construction vehicle routes intersect paved roads, provisions must be made to minimize the transport of sediment (mud) and debris onto the paved road by use of approved methods. If sediment or debris is transported onto a road surface, the roads shall be cleaned thoroughly, as a minimum, at the end of each day. Sediment or debris shall be removed from roads by shoveling or sweeping and be transported to a controlled sediment disposal area. Street washing shall be allowed only after sediment is removed in this manner.
k. Removal of temporary erosion and sediment control methods. All temporary erosion and sediment control methods shall be removed within thirty days after final site stabilization is achieved or after the temporary methods are no longer needed. Trapped sediment shall be removed or stabilized on‑site. Disturbed soil areas resulting from removal of temporary methods shall be permanently stabilized. The removal of temporary erosion and sediment control methods may not be required for those projects, such as single family developments, that will be followed by additional construction under a different permit. In these circumstances, the need for removing or retaining the measures will be evaluated on a site‑specific basis.
l. Dewatering construction sites. Dewatering devices shall discharge into an appropriate sediment trap or pond designed to accept such a discharge, preceded by adequate energy dissipation, prior to runoff leaving the site.
m. Control of pollutants other than sediment on construction sites. All pollutants other than sediment that occur on‑site during construction shall be handled and legally disposed of in a manner that does not cause contamination of ground or surface waters. Pollutants of concern include, but are not limited to, fuels, lubricants, solvents, concrete by‑products and construction materials.
n. Maintenance. All temporary and permanent erosion and sediment control methods shall be maintained and repaired as needed to assure continued performance of their intended function. The owner shall be responsible for assuring that any such facilities damaged during floods, storms or other adverse weather conditions are immediately returned to normal operating condition.
o. Erosion control. Erosion Control Design Storm Event Facilities designed for the control of erosion and sedimentation shall be designed for the erosion and sedimentation control design storm event, defined as the 2‑year, 3‑hour duration storm.
p. Changes in Site Topography:
1. The maximum surface gradient on any artificially created slope shall be two feet of horizontal run to one foot of vertical fall (2:1). This gradient may be increased to a steeper slope, if, in the judgment of the Director of Public Works, it has been demonstrated by the developer through engineering calculations performed by a qualified professional engineer that surface erosion at such a gradient can be controlled to that erosion rate equal to a properly stabilized 2:1 slope under the same conditions.
2. The developer shall, at all times, protect adjacent properties and public rights‑of‑way and easements from damage occurring during, or resulting from, grading operations. The developer shall restore public improvements damaged by the developer's operations.
q. Correction of Defective Maintenance. If the developer or owner, or both, refuse or fail to adequately maintain and keep the erosion and sediment control facilities functional at all times, and the owner of the property is given seven days notice to perform the work necessary to make the facility functional and fails to do so, the City may use public funds to complete maintenance of the facilities at the cost of the developer and the property owner, who shall be jointly and severally liable for such costs.
r. Progress
of Work. All work required or approved
under this section shall proceed continuously to completion in an expeditious
manner unless otherwise authorized by the Director of Public Works, with the
intent that work may be halted, for example, due to weather conditions or the
need to coordinate other construction on the project site.
Chapter 21.75
STORM WATER PLAN
21.75.010 Storm water plan – when required. a. This chapter applies to a storm water plan (SWP) when required by another provision of the zoning code.
b. When a SWP is required, no person shall do or cause to be done any site development activity without first obtaining a SWP approved by the City.
21.75.020 Standards for storm water plan. The SWP shall provide for the control of stormwater discharges, the control of total suspended solids, and the control of other pollutants carried in runoff. The SWP shall address and satisfy each of the standards established in this section.
a. Site designs shall minimize the channelization of stormwater (surface water runoff) that results from all natural forms of precipitation (including snow melt) and maximize pervious areas for stormwater absorption.
b. Stormwater runoff generated by development activities and discharged directly into wetlands, watercourses or waters of Kachemak Bay shall be adequately treated to limit nonpoint source and point source pollution.
c. Water quality management shall be provided through the use of structural and non‑structural practices.
d. Structural methods used for new development shall be designed to remove 80 percent of the average annual post development total suspended solids load (TSS).
e. All stormwater from paved areas 25,000 square feet or larger subject to motor vehicle traffic shall flow through a spill‑containment type of oil/water separator prior to discharge to eliminate nonpoint source pollution.
f. Development sites that include fixed storage in excess of 1,500 gallons of petroleum products shall utilize secondary containment or appropriately sized oil/water type centrifugal separators and shall incorporate a spill response plan within the SWP.
g. Development sites that transfer petroleum products shall utilize appropriately sized and located oil/water type centrifugal separators and shall incorporate a spill response plan within the SWP.
h. Source control of pollution. Pollution source control approved methods shall be applied to all projects to the maximum extent to eliminate any discharge.
i. The post development stormwater discharge rate shall not exceed the pre‑development peak discharge rate (PDR) for the ten‑year frequency storm event.
j. To protect stream channels from degradation, Channel Protection Storage Volume shall be provided based on 2‑year, 3‑hour duration storm.
k. Fuel and chemical residue or other types of potentially harmful material, such as animal waste, garbage or batteries, located in an area susceptible to runoff, shall be removed and disposed of according to applicable law.
l. All approved stormwater control methods shall be installed and maintained to ensure the system functions as designed, for the life of the development.
m. A schedule of monitoring and maintenance practices necessary to maintain the SWP control methods will be supplied by the developer to the City.
n. A record of ongoing monitoring and maintenance shall be maintained on the premises and shall be made available for inspection by the City.
21.75.030 Financial responsibility. A performance bond and payment bond shall be
required for all projects on which a Storm Water Plan is required to ensure
compliance with the Storm Water Plan.
The developer shall be released from the bonding requirements at the
completion of site development activities and written confirmation from a State
of Alaska registered civil engineer that the installed mitigation methods meet
the intent of the SWP standards and the requirements of the plan. The performance bond and payment bond shall
each be in the amount of 100% of the estimated cost of installation of
mitigation methods and structures sufficient to ensure that the plan and SWP
standards are satisfied.
Chapter 21.76
TRAFFIC IMPACT STANDARDS
21.76.010 Scope of chapter. This chapter
applies to traffic impact analysis and traffic impact mitigation when required
by other provisions of the Homer Zoning Code.
21.76.020 Traffic Impact
Analysis – general. a. A
traffic impact analysis must compute traffic generated by a development in
accordance with the Institute of Traffic Engineers’ Trip Generation Handbook
(current edition). The City Planner
will, in his or her discretion, require a traffic impact analysis based upon
local traffic generation values. A
traffic impact analysis must be prepared by an engineer licensed under AS 08.48
following guidelines approved by the City Planner and contracted by the City.
b. The analysis must be submitted to the
City for review and comment under HCC § 21.76.200.
c. All Traffic Impact Analysis costs will
be borne by the applicant.
21.76.030 Level of Service
Analysis. Level of service (LOS) and operational
analysis for a traffic impact analysis prepared under this section must be
performed in accordance with the Transportation Research Board’s publication
Special Report 209, Highway Capacity Manual (current edition).
21.76.040 Level of Service Minimums. The minimum acceptable LOS at
intersections and on road segments both on the development’s opening date and
in the design year is:
a. LOS C, if the LOS on the date of application
is LOS C or better;
b. LOS C, if the LOS on the date of
application is LOS D;
c. LOS D, if the LOS on the date of application
is LOS E or poorer.
21.76.050 Traffic impact
analysis – required elements. A traffic impact analysis prepared under
chapter must include consideration of:
a. Intersections on streets or alleys
where traffic on any approach is expected to increase as a result of the
proposed development by at least five percent of the approach’s capacity;
b. Segments of streets or alleys between
intersections where total traffic is expected to increase as a result of the
proposed development by at least five percent of the segments’ capacity;
c. Intersections on streets or alleys
where the safety of facilities will deteriorate as a result of the traffic
generated by the development;
d. Each driveway or approach road that
will allow egress or ingress to a street for the proposed development;
e. Parking and circulation routes within
the proposed development, to the extent necessary to ensure that traffic does
not back up onto a street; and
f. Pedestrian and bicycle facilities that
are a part of the street or alley to which a permit applicant seeks access.
21.76.060 Required projections.
a Except for a development
expected to generate 250 or more vehicle trips during the peak traffic hour, a
traffic impact analysis prepared under this chapter must include consideration
of the following:
1. Projected
traffic at the development’s anticipated opening date, excluding the traffic generated
by the development; and
2. Projected
traffic at the development’s anticipated opening date, including the traffic
generated by the development.
b. A traffic impact analysis prepared
under this chapter for a development expected to generate 250 or more vehicle
trips during the peak traffic hours must, in addition to the projected traffic
volumes before and after the completion of the proposed development, include
consideration of:
1. The
projected traffic in the design year for the proposed development, excluding
traffic generated by the development; and
2. The
projected traffic for the design year for the proposed development including
the traffic generated by the development.
21.76.070 Identification and
proposals for improvements and mitigation measures. A
traffic impact analysis prepared under this chapter must include identification
of, and proposals for traffic impact mitigation measures for, the following:
a. Locations where street improvements are
necessary to mitigate traffic impacts, including locations where the LOS is
less than acceptable under HCC § 21.76.040;
1. Due
to the development at either the opening date or the design year; or
2. At
either the opening date or the design year without the development and
improvements are necessary to prevent the LOS from deteriorating further as a
result of the proposed development;
b. Street improvement alternatives that
will achieve an acceptable LOS or minimize degradation of service below an
already acceptable LOS;
1. On
the opening date of the development; and
2. In
the design year of the development, for a development projected to generate 250
or more vehicle trips during peak hour on the opening date of the development;
c. Improvements necessary to mitigate any
impact on bicycle and pedestrian traffic revealed by the traffic impact
analysis; and
d. Improvements needed for internal
circulation and parking plans.
21.76.080 Traffic Impact
Mitigation. A conditional use permit may require traffic
impact mitigation measures to protect public health, safety, and welfare. It shall include those mitigation measures
required by this section.
a. Permittee shall make improvements to a
street, alley or intersection to maintain an acceptable LOS if a street, alley
or intersection has an:
1. Acceptable
LOS without traffic generated by the development; and
2. Unacceptable
LOS with traffic generated by the development:
a. At the opening date of the development;
or
b. In the design year of the development,
for a development expected to generate 250 or more vehicle trips during peak
hour on the opening date of the development.
b. If a street, alley or intersection has
an unacceptable LOS without traffic generated by the development, either at the
opening date of the development or in the design year of the development, a
permittee shall make improvements to the street, alley or intersection so the
operation of the highway does not deteriorate in terms of delay time or other
appropriate measures of effectiveness with the addition of the traffic
generated by the development at the opening date of the development or in the
design year.
21.76.200 Review of traffic
impact analysis and mitigation proposals. a. The City Planner will review and comment upon
a traffic impact analysis and mitigation proposals prepared and submitted under
this chapter. The City Planner will, in
his or her discretion, request clarification and further analysis of the
impacts that the Planner considers necessary to adequately consider the risks
presented to the traveling public by the proposed development.
b. If alternative means are proposed by an
applicant for mitigation of the traffic impacts of a proposed development, the
City Planner will consider the proposed alternatives that provide the greatest
public benefit, at the least private cost, and that meets appropriate LOS on an
impacted highway, road, street or alley.
c. The City Planner will provide a review
and recommendations to the Planning Commission.
d. When a traffic mitigation plan is
required, the plan must be approved by the Planning Commission as part of its
approval of a conditional use permit prior to the issuance of a zoning permit.
21.76.210 Performance and
Payment Bonds. The conditional use permit may require the
posting of payment and performance bonds or other surety or collateral,
approved as to form by the city attorney, to guarantee the satisfactory
completion of all traffic impact mitigation required by the conditional use
permit.
21.76.220 Standards applicable
to implementation of traffic plan. a. A permittee for which a traffic impact
analysis report and mitigation plan has been approved shall use, within the
development, signs and markings on approaches to streets that conform with the
Alaska Traffic Manual. The City adopts
by reference the Alaska Traffic Manual, consisting of the Manual of Uniform
Traffic Control Devices for Streets and Highways, current edition, including
all revisions, issued by the United States Department of Transportation,
Federal Highway Administration, and the State of Alaska Department of
Transportation and Public Facilities Alaska Supplement, current edition.
b. Internal circulation and parking layout
must provide sufficient queuing distance within the development between the
street, alley or intersection and potential internal block points to ensure
that no traffic backs up onto the street, alley, or intersection, including bicycle
and pedestrian facilities.
ARTICLE 6
Administration and Procedures
Chapter 21.90
ADMINISTRATION
AND ENFORCEMENT
21.90.010 Function of Department of Administration. The administration and enforcement of the Homer Zoning Code is a function of the Department of Administration under the supervision of the City Manager.
21.90.020 City Planner – Functions and Powers. a. The City Manager may appoint a City Planner and one or more assistants, however denominated.
b. If appointed by the City Manager, the City Planner shall have all functions and may exercise all powers necessary to administer and enforce the zoning code. Assistants to the City Planner may exercise the administration and enforcement functions and powers of the City Planner under the City Planner's supervision.
c. Administration and enforcement functions and powers of the City Planner include, but are not limited to, the following:
1. Maintaining records of all zoning text and district changes related to this title.
2. Providing technical assistance upon request by the City Manager.
3. Providing and processing all applications under this title.
4. Interpreting and enforcing this title.
5. Maintaining records of all activity related to this title.
6. Other functions and powers assigned by this title.
21.90.030 Invalid land use permits. No permit may be issued under the Homer Zoning Code unless all structures on and uses of the property conform to the Homer Zoning Code, regulations, and any previously issued permits that are applicable to the property and remain in effect. Any permit issued in violation of this section is voidable upon written notice from the City Planner or City Manager.
21.90.040 Inspections; right of entry. a. Subject to subsection (b) of this section, at any reasonable time, the City Manager, City Planner, or other city staff member designated in writing by either of them may, upon presentation of proper identification, enter upon and inspect any land, building or premises where he or she has probable cause to believe there exists a violation, or enter upon any land, building or premises to perform a duty of an official under this title.
b. Where the constitution of the United States or of the state so requires, the official shall obtain an administrative search warrant authorizing an inspection and exhibit the warrant to the person in charge of the premises before conducting the inspection. The official may apply to the trial courts of the state to obtain a warrant, stating in the application the name and address of the premises to be inspected, the authority to conduct the inspection, the nature and extent of the inspection, the facts and circumstances justifying the inspection, and any other information necessary to obtain the warrant. Warrants issued under this section should be returned within ten days.
21.90.050. Evidence of Compliance. Upon request by the City Planner, any person
who has obtained a permit under the Homer Zoning Code shall provide evidence
showing compliance with the terms of the permit. The obligation to provide evidence of compliance
is a condition of every permit granted under the zoning code, whether expressly
stated in the permit or not.
21.90.060 Enforcement orders. a. In addition to any other remedy or other method of enforcement available under the Homer Zoning Code or other provision of the Homer City Code or other law, the City Manager or the City Planner may order:
1. The discontinuation of a use of land or a structure that is in violation of the Homer Zoning Code, a regulation or a permit.
2. The abatement or removal of a structure or part of a structure that is in violation of the Homer Zoning Code, a regulation or a permit.
3. The discontinuation of construction or other activity preparatory to a structure or use of real property that is in violation of the Homer Zoning Code, a regulation or a permit.
4. The suspension or revocation of a permit under which a violation of the Homer Zoning Code or regulations is occupied, maintained, constructed or established.
5. The restoration of any structure, vegetation, land, water body or other thing upon the land that is destroyed, damaged, altered or removed in violation of the Homer Zoning Code, regulations or a permit.
6. Any other action necessary to prevent, abate or discontinue a violation of the Homer Zoning Code, a regulation or a permit.
b. An enforcement order issued under subsection (a) of this section may be directed to one or more violators.
c. A written enforcement order issued under subsection (a) of this section that is served on a violator personally or by certified mail is immediately appealable to the Planning Commission. An appeal must be filed within 30 days of service of the written enforcement order. Failure to appeal to the Planning Commission within 30 days of service shall constitute a waiver of all rights of appeal from the order. The procedure for appeals is set forth in HCC Chapter 21.93.
d. During such time that an enforcement order is under appeal, no further use or development contrary to the order may continue.
e. Upon correction of the condition or termination of the activity that caused the issuance of an enforcement order under subsection (a), the officer who issued the order may terminate the order or issue written confirmation of satisfactory compliance with the order.
f. An enforcement order need not be issued before a prosecution or legal action is commenced with respect to a violation of the Homer Zoning Code, a regulation or a permit. The pendency of any proceeding regarding an enforcement order issued under subsection (a) of this section does not stay any prosecution or other legal action with respect to the violation that is the subject of the enforcement order.
21.90.070 Abatement of nuisance. a. Any use, activity, condition, property, or structure in violation of an enforcement order issued under HCC § 21.90.060 that continues after the time for appeal from the enforcement order has passed, or if appealed, continues after all appeals are exhausted, is a public nuisance and may be abated by the city as provided in this section.
b. Before action is taken to abate a nuisance, a final warning notice shall be posted on the property and served personally or by certified mail with return receipt requested to the violator and the owner of record of the property. Unless enjoined by court order within 30 days of the posting and service of the final warning notice, the City Manager will proceed to abate the nuisance. If the City Manager finds it necessary to effectively abate the nuisance, he or she may cause the physical destruction or removal of the nuisance.
c. The City Manager shall cause to be kept an account of the cost, including incidental expenses, incurred by the city in the abatement of any nuisance. The City Manager will cause an invoice for collection to be sent to the violator and owner of record of the property specifying the nature and costs of the work performed. For purposes of this section, the term "incidental expenses" shall include but not be limited to the actual expenses and costs to the city in the preparation of the notices, specifications and contracts, work inspection, attorney's fees, consultant fees and interest from the date of completion at the rate of ten percent per annum.
d. The property owners of the property upon which the abatement occurred are liable to the city for the entire cost of the abatement. Such charges become a lien upon the real property upon which the abatement occurred. If the invoice for the costs of the abatement remains unpaid after 30 days from the invoice, the City Manager will record a notice of lien at the district recorder's office. The lien shall be subordinate to all state and municipal tax liens and existing special assessment liens previously imposed upon the same property and shall be prior and paramount to all other liens. The lien shall continue until the charges and all interest due and payable thereon are paid.
e. The lien created under this section may be enforced as provided in AS §§ 34.35.005—34.35.045. The enforcement of the lien is a cumulative remedy and does not bar the collection of the charges for abatement or costs and attorney fees through a personal action.
21.90.080 Civil remedies. a. With respect to any violation of the Homer Zoning Code, a regulation or a permit, the city may bring a civil action for any or all of the following:
1. To enjoin or abate the violation. Upon application for injunctive relief and a finding that a person is in violation or threatening a violation, the superior court shall enjoin the violation.
2. To require the restoration of any structure, vegetation, land, water body or other thing upon the land that is destroyed, damaged, altered or removed in such violation.
3. To recover damages suffered because of the violation.
4. To recover, in addition to any injunctive or compensatory relief, a civil penalty, payable to the City, not exceeding $1,000.00 for each violation.
b. Whenever a written enforcement order is in effect that has not been appealed, or if appealed, remains in effect during an appeal or after all appeals are exhausted, and a violation continues to exist, the City Manager may:
1. Commence proceedings to cause the abatement of the violation pursuant to HCC § 21.90.070; or
2. Assess an administrative fine, not exceeding $250.00 per day, for failure to comply with an enforcement order.
c. The remedies provided in this section are not exclusive, but are cumulative of all other remedies available at law or in equity.
d. Any person aggrieved by a violation of the Homer Zoning Code, a regulation or a permit may bring a civil action against the violator as provided in subsection (a) of this section. For purposes of this section, a person occupying or owning land within 300 feet of the perimeter of the parcel containing the violation is irrebuttably presumed to be a person aggrieved. The city shall not be responsible for the costs or fees of such an action, which shall be the sole responsibility of the person filing the action.
21.90.090 Violations. a. The following are violations of this title:
1. A structure, alteration of a structure, or use of land or a structure that conflicts with a provision of the Homer Zoning Code, or a regulation or a permit issued under the Homer Zoning Code.
2. To use or occupy a structure, land or water other than as allowed by the Homer Zoning Code, regulations, or a permit issued under the Homer Zoning Code.
3. To erect, construct, reconstruct, enlarge, move, repair or alter a structure or part thereof other than as allowed by the Homer Zoning Code, a regulation or a permit issued under the Homer Zoning Code.
4. To violate the terms of an enforcement order that has not been appealed, or if appealed, remains in effect during an appeal or after all appeals are exhausted.
5. To develop, occupy or use any land or structure in contrary to or in violation of the terms of this title or the terms of any permit issued under this title.
6. To develop, occupy or use any land or structure in any manner for which a permit is required under the Homer Zoning Code without such a permit or after a required permit has been suspended or revoked.
7. To knowingly act in any manner declared by the Homer Zoning Code to be prohibited, unlawful, a violation, or an offense.
8. To cause another to commit a violation of this title.
b. Each act or condition in violation of this title, and every day upon which the act or condition occurs, is a separate violation.
c. A violator is a person who:
1. Commits or causes a violation of this title; or
2. Occupies, maintains, keeps, alters, constructs or establishes a structure, or use of land or a structure, in violation of the Homer Zoning Code, a regulation or a permit; or;
3. Owns, controls or has the right to
control land or a structure where the land or structure is used, occupied,
maintained, kept, altered, constructed or established in violation of the Homer
Zoning Code, a regulation or a permit.
21.90.100 Fines for violations. Any violator of this title is, upon conviction by a court, subject to a fine as set forth in an applicable bail forfeiture schedule adopted by the city. If no fine is set forth in an applicable bail forfeiture schedule, upon conviction the violator is subject to a fine of not less than $75.00 and not more than $300.00 for each violation.
Chapter 21.91
PLANNING COMMISSION AND BOARD OF ADJUSTMENT
Subchapter 1
Planning Commission
21.91.010 Planning commission established. There shall be a planning commission established and functioning pursuant to HCC Chapter 1.76.
21.91.020 Powers and functions. In addition to the powers and functions
assigned to the planning commission in HCC Chapter 1.76, the commission has all
the powers and functions assigned to it in this title.
Subchapter 2
Board of Adjustment
21.91.100 Board of adjustment established. There is established a Board of Adjustment
comprised of the members of the Homer City Council and the mayor. The mayor shall preside over the Board of
Adjustment and participate in the deliberations. The mayor shall not vote except in the case of
a tie.
21.91.110 Powers and functions. The Board of Adjustment shall hear and decide
appeals pursuant to the provisions of the zoning code.
21.91.120 Procedures. Appeals heard by the Board of Adjustment shall
be conducted according to applicable procedures specified in HCC Chapter 21.93.
21.91.130 Appeals to Superior Court. a. An appeal from a final decision of the Board of Adjustment may be taken directly to the Superior Court by a party who actively and substantively participated in the proceedings before the Board of Adjustment or by the City Manager or City Planner or any governmental official, agency, or unit.
b. An appeal to the Superior Court shall be filed within 30 days of the date of distribution of the final decision to the parties appearing before the Board of Adjustment.
c. An
appeal from a final decision of the Board of Adjustment to the Superior Court is
governed by court rules.
Chapter 21.93
ADMINISTRATIVE APPEALS
Subchapter 1
General Provisions
21.93.010 Appeals, general. This chapter governs administrative appeals
to the Planning Commission and the Board of Adjustment from actions and
determinations taken under the Homer Zoning Code.
21.93.020 Decisions subject to appeal to Planning
Commission. The following acts or
determinations made under this title by the City Manager, City Planner, or
their staff members may, when final, be appealed to the Commission by a person
with standing:
1. approval or denial of a zoning permit.
2. approval or denial of a sign permit.
3. approval or denial of any other permit that is within the authority of the City Planner to approve or deny.
4. an enforcement order issued under HCC §
21.90.060.
5. any other decision that is expressly
made appealable to the Commission by other provisions of the Homer Zoning Code.
21.93.030 Decisions subject to appeal to Board of
Adjustment. The following acts or
determinations of the Commission, when final, may be appealed to the Board of
Adjustment by a person with standing:
1. Grant or denial of a conditional use
permit.
2. Grant or denial of a variance.
3. Grant or denial of formal recognition
of a nonconforming use or structure, or a decision terminating a nonconforming
use or structure.
4. Grant or denial of a conditional fence
permit.
5. A decision by the Commission in a matter
appealed to the Commission under HCC § 21.93.020.
6. Any other final decision that is
expressly made appealable to the Board of Adjustment by other provisions of the
code.
21.93.040 Decisions not subject to appeal. The following acts or determinations may not
be appealed:
1. A decision to cite or not cite a person
for a violation of the code under HCC § 21.90.090, HCC § 21.40.160, HCC §
21.60.160 or any other provision of the code.
2. A decision to not issue an enforcement
order under HCC § 21.90.060, HCC § 21.40.150, or any other provision of the
code.
3. An order of abatement issued under HCC
§ 21.90.070 after all appeals have been exhausted or the time for appeal has
expired.
4. Any legislative act or determination, including
any recommendations, to approve or reject any proposal or ordinance for the
adoption, revision, or amendment of the zoning code, the zoning map, a comprehensive
plan or any component thereof, any other plan, a rezoning, or any other
legislative matter.
5. Any matter not expressly made appealable
by this section or another provision of the Homer Zoning Code.
21.93.050 Standing — appeal to Planning Commission. Only the following have standing to appeal an
appealable action or determination of the City Planner to the
Commission:
1. The applicant for the action or
determination, or the owner of the property that is the subject of the action
or determination.
2. The City Manager or City Planner or any
governmental official, agency, or unit.
3. Any person aggrieved by the action or
determination.
21.93.060 Standing — appeal to Board of Adjustment. Only the following have standing to appeal an
appealable action or determination of the Planning Commission to the Board of
Adjustment:
1. Applicant for the action or
determination, or the owner of the property that is the subject of the action
or determination under appeal.
2. The City Manager or City Planner or any
governmental official, agency, or unit.
3. Any person who actively and
substantively participated in the proceedings before the Commission and is
aggrieved by the action or determination.
4. Any person who actively and
substantively participated in the proceedings before the Commission and would
be aggrieved if the action or determination being appealed were to be reversed
on appeal.
21.93.070 Time for appeal. a. An
appeal to the Planning Commission must be filed within 30 days after the date of
distribution of the final action or determination to the applicant or other
person whose property is the subject of the matter being appealed.
b. An
appeal to the Board of Adjustment must be filed within 30 days after the date of
distribution of the final action or determination to the applicant and other parties,
if any.
21.93.080 Notice of appeal. a. A
notice of appeal from an action or determination of the City Planner or the
Planning Commission shall be filed with the City Clerk.
b. A
notice of appeal shall be in writing, be signed by the appellant, and shall
contain, but is not limited to, the following information:
1. The name and address of the appellant.
2. A description of the action or
determination from which the appeal is sought and the date upon which the
action or determination became final.
3. The street address and legal
description of the property that is the subject of the action or determination
being appealed, and the name and address of the owner(s) of that property.
4. Detailed and specific allegations of
error, including reference to applicable provisions of the zoning code or other
law.
5. A statement of whether the action or
determination should be reversed, modified, or remanded for further
proceedings, or any other desired relief.
6. Proof showing that the appellant is an
aggrieved person with standing to appeal under HCC §§ 21.93.050 or 21.93.060,
whichever is applicable.
c. The
City Clerk shall reject any notice of appeal that does not comply with HCC §§ 21.93.070—21.93.080
and notify the appellant of the reasons for rejection. If a notice of appeal is rejected for reasons
other than timeliness, a corrected notice of appeal that complies with this
section will be accepted as timely if filed within seven days of the date on
which the City Clerk mails the notice of rejection.
d. The
City Clerk shall mail copies of the notice of appeal to all parties of record
in the proceeding appealed from within seven days of the date of the date on
which the City Clerk determines the notice of appeal complies with HCC §§ 21.93.070—21.93.080.
e. Any
person with standing under HCC §§ 21.93.050 or 21.93.060, whichever is
applicable, may, within seven days after date of the City Clerk's mailing
copies of an accepted notice of appeal, file notice of cross appeal. Any notice of cross appeal shall, to the
extent practical, comply with HCC § 21.93.080(b).
f. The City Clerk shall promptly give notice of the cross appeal to the appellant and all other parties who have filed a notice of appearance.
21.93.090 Authorized representative. No person may represent a party to an appeal
without filing with the City Clerk written authorization, which shall be signed
by the party so represented and provide the name and address of the party's
representative. If the person
representing another is a lawyer licensed to practice law in Alaska, an entry
of appearance signed by the attorney is acceptable in lieu of authorization
signed by the person so represented.
21.93.100 General appeals procedure. a. All
appeals must be heard within 60 days after the appeal record has been
prepared. The body hearing the appeal
may for good cause shown extend the time for hearing. The decision on appeal must be rendered
within 60 days after the appeal hearing.
b. The
appellant and all parties who have entered an appearance shall be provided not
less than 15 days written notice of the time and place of the appeal
hearing. Neighboring property owners
shall be notified as set forth in HCC § 21.94.030.
c. An
electronic recording shall be kept of the entire proceeding. Written minutes shall be prepared. The electronic recording shall be preserved
for one year unless required for further appeals. No recording or minutes shall be kept of
deliberations that are not open to the public.
21.93.110 Appeal decisions. a. All
final decisions on appeals shall be in writing.
b. A
decision shall include an official written statement of findings and reasons
supporting the decision. This statement
shall refer to specific evidence in the record and to the controlling sections
of the zoning code. Upon express vote,
the body may adopt, as its statement of findings and reasons, those findings
and reasons officially adopted by the body or officer below from which the
appeal was taken.
c. Copies of the written decision shall be promptly mailed to the appellant and all parties who entered a written notice of appearance in the appeal proceeding.
Subchapter
2
Planning Commission Appeal Procedures
21.93.300 Appeals to the Planning Commission. a. Within
30 days after receipt of a timely notice
of appeal to the Planning Commission, the City Planner will prepare an appeal
record consisting of all relevant documents submitted to or used by the
Planning Department in making the decision under appeal, including any staff
reports, correspondence, applications, or other documents. The appeal record shall be paginated. The appellant shall be notified by mail when
the appeal record is complete. Any
person may obtain a copy of the appeal record from the Planning Department upon
payment of the costs of reproduction.
b. An
appeal hearing shall be scheduled within the time specified in HCC § 21.93.100. The hearing will be open to the public.
c. The
Commission may prescribe rules of procedure for additional public notification
in cases where the Commission determines its decision would have a substantial
effect on the surrounding neighborhood.
d. The
Commission may accept new testimony and other evidence, including public
testimony, and hear oral arguments as necessary to develop a full record upon
which to decide an appeal from an act or determination of the City Planner. Any person may file a written brief or
testimony in an appeal before the Commission.
e. The Commission may undertake deliberations immediately upon the conclusion of the hearing on appeal or may take the matter under advisement and meet at such other time as is convenient for deliberations until a decision is rendered. Deliberations need not be public and may be in consultation with an attorney acting as legal counsel to the Commission.
f. The Commission may seek the assistance of legal counsel, city staff, or parties in the preparation of a decision or proposed findings of fact.
21.93.310 Other procedures. If no specific procedure is prescribed by the
code, the Planning Commission may proceed in an administrative appeal in any
lawful manner not inconsistent with this title, statutes, and the
constitution.
Subchapter
3
Board of Adjustment Appeal Procedures
21.93.500 Parties eligible to appeal to Board of Adjustment; notice of appearance. a. Only persons who actively and substantively participated in the matter before the Commission and who would be qualified to appeal under HCC § 21.93.060 may participate as parties in an appeal from the Commission to the Board of Adjustment.
b. Any
person so qualified who desires to participate in the appeal as a party must,
not less than 14 days before the date set for the appeal hearing, file with the
City Clerk a written and signed notice of appearance containing that party's
name and address, and proof that the person would be qualified under HCC § 21.93.060
to have filed an appeal.
21.93.510 New evidence or changed circumstances. a. Except as provided in subsection (b) of this
section, the Board of Adjustment shall not consider allegations of new evidence
or changed circumstances and shall make its decision based solely on the
record. If new evidence or changed
circumstances are alleged, the Board may, in its discretion, either hear the
appeal without considering the allegations or may remand the matter to the appropriate
lower administrative body or official to rehear the matter, if necessary.
b. When
the standing of a person is in issue, the Board of Adjustment may take
additional evidence for the limited purpose of making findings on the question
of the person's standing. No evidence
received under this subsection shall be considered for purposes other than
determining standing.
21.93.520 Preparation of record. a. Within 30 days after receipt of a timely
and complete notice of appeal to the Board of Adjustment, the Clerk will
prepare an appeal record consisting of all relevant documents involved in the
original decision, including any staff reports, minutes, exhibits, notices, and
other documents considered in making the original decision. The appeal record shall be paginated.
b. A
verbatim transcript of the testimony before the Planning Commission will be
included only if a party makes a written request to the City Clerk within 14
days after the clerk mails copies of the notice of appeal to the parties
pursuant to HCC § 23.90.080(d). The requesting
party shall pay the full cost of preparing the transcript. All arrangements for preparation of the
transcript are the responsibility of the party desiring the transcript, subject
to the prior written approval of the City Clerk. Only a transcript prepared and certified as
accurate by the City Clerk's Office or a qualified court reporter shall be
accepted. The original transcript must
be filed with the City Clerk to be provided to the Board of Adjustment with the
record on appeal. Any person may obtain
a copy of the transcript upon payment of the cost of reproduction and any
applicable mailing costs.
c. The
appellant and other parties who have entered an appearance shall be notified by
mail when the record and transcript, if ordered, are complete. Any person may obtain a copy upon payment of
the costs of reproduction and any applicable mailing costs.
21.93.530 Written briefs. a. Each
party to the appeal (each appellant, cross-appellant, and respondent) shall
file with the City Clerk one opening brief not later than twenty days after the
date of mailing the notice of the completion of the record on appeal. The brief shall be typed on 8 1/2 x 11 inch
paper and shall include a statement of relevant facts contained in the record
on appeal, with citations to the page numbers in the record, a clear statement
of the party's position regarding the allegations of error specified in the
notice of appeal, and arguments citing points and legal authorities in support
of such position.
b. Each
party (each appellant, cross-appellant, and respondent) may submit one reply
brief within fourteen days after the date opening briefs are due. A reply brief shall be limited to a response
to matters specifically raised in the opening brief(s) being responded to.
c. Upon
request, any person may obtain a copy of any brief upon payment of reproduction
charges and any applicable cost of mailing.
d. Upon
written request, and for good cause shown and when it appears to the City Clerk
that other parties will not be unduly prejudiced by the delay, the City Clerk
may grant an extension of time not to exceed five days for the filing of any
brief.
21.93.540 Appeal hearing. a. The
meeting at which the Board of Adjustment hears an appeal shall be open to the
public. The City Attorney or another
attorney acting as legal counsel to the Board shall be present.
b. The
taking of testimony or other evidence is limited by HCC § 21.93.510.
c. The
Board of Adjustment may undertake deliberations immediately upon the conclusion
of the hearing on appeal or may take the matter under advisement and meet at
such other time as is convenient for deliberations until a decision is
rendered. Deliberations need not be
public and may be in consultation with the legal counsel to the Board.
d. The
Board of Adjustment may exercise its independent judgment on legal issues
raised by the parties. "Legal
issues" as used in this section are those matters that relate to the
interpretation or construction of the zoning code, ordinances or other
provisions of law.
e. The
Board of Adjustment shall defer to the findings of the lower administrative
body regarding disputed issues of fact.
Findings of fact adopted expressly or by necessary implication by the
lower body shall be considered as true if they are supported by substantial
evidence. But findings of fact adopted
by less than a majority of the lower administrative body shall not be given
deference, and when reviewing such findings of fact the Board of Adjustment
shall exercise independent judgment and may make its own findings of fact. If the lower administrative body fails to
make a necessary finding of fact and substantial evidence exists in the record
to enable the Board to make the finding of fact, the Board may do so in the
exercise of its independent judgment, or, in the alternative, the Board may
remand the matter for further proceedings
"Substantial evidence", as used in
this section, means such relevant evidence as a reasonable mind might accept as
adequate to support a conclusion.
21.93.550 Board of Adjustment Decision. a. The
Board of Adjustment may affirm or reverse the decision of the lower
administrative body in whole or in part.
A majority vote of the fully constituted Board is required to reverse or
modify the action or determination appealed from. For the purpose of this section the fully
constituted board shall not include those members who do not participate in the
proceedings due to a conflict of interest or disqualifying ex parte contacts,
disqualifying partiality, or other disqualification for cause. A decision affirming, reversing, or modifying
the decision appealed from shall be in a form that finally disposes of the case
on appeal, except where the case is remanded for further proceedings.
b. The
Board may seek the assistance of legal counsel, city staff, or parties in the
preparation of a decision or proposed findings of fact.
21.93.560 Remand.
a. The Board of Adjustment may
remand the appeal to the lower administrative body when the Board determines
that:
1. There is insufficient evidence in the
record on an issue material to the decision of the case;
2. There has been a substantial procedural
error that requires further consideration by the lower administrative body; or
3. There is other cause requiring further
proceedings by the lower administrative body.
b. A
decision remanding a case shall describe any issue upon which further evidence
should be taken, and shall set forth any further directions the Board deems
appropriate for the guidance of the lower administrative body.
c. The
lower administrative body shall promptly act on the case upon remand in
accordance with the decision of the Board of Adjustment. A case on remand has
priority on the agenda of the lower administrative body, except cases remanded
under HCC § 21.93.510(a) are not entitled to priority. The applicant or owner of the property in
question may waive the priority given by this subsection.
21.93.570 Other procedures. If no specific procedure is prescribed by the code, the Board of Adjustment may proceed in an administrative appeal in any lawful manner not inconsistent with this title, statutes, and the constitution.
Subchapter
4
Conflicts of Interest and Ex Parte Contacts
21.93.700 Appeals--Conflict of interest. a. A
member of the Planning Commission or Board of Adjustment many not participate
in the deliberation or voting process of an appeal if, following the procedures
set forth in this chapter, the Commission or Board member is determined to have
a substantial financial interest in the official action, as defined in HCC Chapter
1.12. In the absence thereof, all
Commission or Board members shall participate in the deliberation and voting
process unless excused pursuant to other provisions of this chapter.
b. When
a financial interest of a member of the Planning Commission or Board of
Adjustment is disclosed on the record, the remainder of the Commission or
Board, respectively, shall determine whether the member should participate in
the matter. If it is determined the
member should participate, any action taken thereafter by the body shall be
valid notwithstanding a later determination by a court or appellate tribunal
that the member should have been disqualified from participation because of a
substantial financial interest in the matter; except the action shall be
invalidated when the disqualified member's vote was necessary to establish the
required majority to approve the decision of the body. When a Commission or Board decision is
invalidated because such vote was necessary to establish the required majority,
the body shall commence new consideration of the matter beginning at the point
where the Commission or Board, respectively, determines it is necessary to do
so to eliminate the effect of the member's improper participation.
c. For
purposes of hearing an appeal, a quorum of the Commission is four members and a
quorum of the Board is four members, one of whom may be the mayor. If it is not possible to obtain a quorum of
the Planning Commission or Board of Adjustment to hear an appeal without the
participation of members disqualified by reason of a substantial financial
interest, then all members who would be so disqualified shall nevertheless
participate in the appeal, including deliberations and voting, and the decision
rendered in such a case shall be valid notwithstanding the participation of
such members. This subsection shall not
apply if the matter can be postponed to a later date (not later than 75 days
after the appeal record is prepared) when the body can obtain a quorum of
members who are not disqualified by a substantial financial interest.
21.93.710 Appeals--Ex parte communication prohibited. a. No member of the Commission or Board
Adjustment shall have ex parte communication with any person. "Ex parte communication" means to communicate,
directly or indirectly, with the appellant, other parties or persons affected
by the appeal, or members of the public concerning an appeal or issues
specifically presented in the notice of appeal, either before the appeal
hearing or during any period of time the matter is under consideration or
subject to reconsideration, without notice and opportunity for all parties to
participate in the communication.
b. This
section does not prohibit:
1. Members from discussing matters relating
to the appeal among themselves.
2. Communications between municipal staff
and Commission or Board members where;
a. such staff members are not themselves
parties to the appeal and
b. such communications do not furnish,
augment, diminish, or modify the evidence in the record on appeal.
3. Communications between the Commission or
Board and its legal counsel.
c. If,
before an appeal commences, a member of the Commission or Board receives an ex
parte communication of a type that could not properly be received while an
appeal is pending, the member shall disclose the communication in the manner
prescribed in subsection (d) at the first meeting of the Commission or Board at
which the appeal is addressed.
d. A
member of the Commission or Board who receives an ex parte communication at any
time shall, at the first opportunity after the communication, place on the
record of the pending matter all written communications received, all written
responses to the communications, and a memorandum stating the substance of all
oral communications received, all responses made, and the identity of each
person from whom the member received an ex parte communication. Any party to the appeal desiring to rebut the
ex parte communication must be granted a reasonable opportunity to do so if a
request is promptly made.
e. If
the Commission or Board determines in its discretion it is necessary to
eliminate the harmful effect of an ex parte communication received in violation
of this section, the Commission or Board may disqualify the member who received
the communication from participation in the appeal. In addition, the Commission or Board may impose
appropriate sanctions, including default, against a party to the appeal for any
violation of this section.
f. It
is a violation, subject to penalties and other enforcement remedies under this
title:
1. For any person to knowingly have or
attempt to have ex parte communication with a Commission or Board member in
violation of subsection (a).
2. For any Commission or Board member to
knowingly receive an ex parte communication in violation of subsection (a).
3. For any Commission or Board member to
knowingly fail to place on the record any matter when and as required under
subsections (c) and (d).
Chapter 21.94
PUBLIC HEARINGS
21.94.010 General.
This chapter governs public hearings held by the Commission under the
Homer Zoning Code.
21.94.020 Public hearing procedures. a. Notice
of the public hearing shall be published at least once in a paper of general
circulation within the City. The notice
shall be published at least once during the calendar week prior to the public
hearing date.
b. The
notice shall contain at least the following information:
1. A brief description of the proposal on
which the public body is to act;
2. A legal or common description of the
property involved and a street address;
3. Date, time and place of the public
hearing;
4. A statement that the complete proposal
is available for review, specifying the particular city office where the proposal may be examined.
21.94.030 Notification of neighboring property owners. a. Except as provided in subsection (b), a copy of the aforementioned newspaper notification or notice containing at least the same information shall be mailed to owners of record on the Borough Assessor's records of real property within a 300-foot periphery of the site that is the subject of the proposed action.
b. When a public hearing is to be held about a zoning ordinance amendment involving only a change in the zoning code text or major district boundary changes, no mailing of the notification to neighboring property owners is required, but notice shall be published in the newspaper and displayed in at least three public places.
Chapter 21.95
LEGISLATIVE
PROCEDURES AND AMENDMENTS
21.95.010 Zoning amendments - general. a. The City Council or the Planning Commission, or their members, may at any time, on their own initiative, propose amendments to the Homer Zoning Code or official zoning map.
b. Any amendment proposed under subsection (a) shall be referred to the Planning Commission for public hearing, review and formal recommendations before final consideration by the City Council.
21.95.020 Amendments – citizen proposals. a. Citizens
of Homer or the owners of the property in question may request a zoning
amendment subject to the following conditions:
1. A zoning map amendment may be requested
in writing by the owner or, if more than one lot is the subject of the request,
a majority of the owners of the lots included in the proposed amendment.
2. A specific proposal to amend the text
of the zoning code will be considered by the Planning Commission and City
Council if requested in writing and signed by fifty voters registered within
the City; and
3. Members of the City Council may, but
are not obligated to, introduce any proposal at the request of any citizen or
property owner in the city.
b. Except
for the extension of existing district boundaries, the City Council will not
consider a citizen proposal to change the zoning map that contains an area less
than one acre, including the half-width of any abutting street or alley
rights-of-way.
c. Any
citizen-proposed amendment to the text of the zoning code that is substantially
the same as any other proposed amendment that was submitted and rejected within
the previous nine months shall not be considered unless introduced by the City
Council or the Planning Commission on their own initiative.
21.95.030 Procedure for review of citizen proposals. a. Any citizen proposal for a zoning code or zoning map amendment under HCC §§ 21.95.020 (a)(1) and (a)(2) shall be submitted to the City Planner. The proposal shall include the signature and residence address of every person requesting the amendment.
b. A
citizen proposal to amend the zoning map shall include (i) the names and
addresses of the applicants; (ii) the
names and addresses of all owners of the properties included in a proposed
zoning map amendment, (iii) a map showing the area that is included in the
proposed zoning map amendment and all contiguous properties, (iv) the
present zoning and proposed zoning of all properties shown on the map, (v) the
legal description and borough tax identification number of each lot included in
the proposed amendment; (vi) a narrative description of the justification for
the requested amendment, and (vii) the appropriate fee, if applicable. The citizens shall additionally provide any
other pertinent information requested by the City Planner to facilitate City
review of the proposal. Applicants may use an application form provided by the
Planning Department.
c. The City Planner will review the proposal for compliance with the requirements of this chapter. When the City Planner determines the proposal is complete and complies with this chapter, the City Planner will, within 30 days thereafter, present the proposal to the Planning Commission with the City Planner's comments and recommendations.
21.95.040 Planning Commission review of proposals for amendments. a. All proposals to amend the Homer Zoning Code or the official zoning map, whether proposed by citizens, the City Council, or any person, shall be reviewed by the Planning Commission before final consideration by the City Council.
b. The City Planner shall arrange for public notice and schedule one or more public hearings before the Planning Commission in accordance with HCC Chapter 21.94.
c. After the public hearing and the completion of its review, the Planning Commission shall send its written recommendations to the City Council along with copies of minutes, all public input, and all records relating to the proposed amendment.
21.95.050 City Council review of proposals for amendments. a. After receiving the recommendations of the Planning Commission, the City Council will, in accordance with ordinance enactment procedures of the Homer City Code, consider a proposal to amend the zoning code or the official zoning map.
b. The City Council may or may not adopt the proposal, with or without amendments.
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 _______________________, 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 City
Attorney
Date: _______________________ Date:
__________________