AN ORDINANCE AMENDING THE HOMER ZONING CODE TO REMOVE CERTAIN PROVISIONS CONCERNING SIZE LIMITATIONS ON WHOLESALE AND RETAIL STRUCTURES THAT WERE INVALIDATED BY THE ALASKA SUPREME COURT.

WHEREAS, The Alaska Supreme Court issued its decision in Griswold v. City of Homer, Case S-12226 (June 20, 2008), invalidating voter initiated Ordinance 04-18 and city council approved Ordinance 05-02, both of which had enacted changes to the Homer Zoning Code; and

WHEREAS, To cause the Homer Zoning Code to accurately reflect the text of the law following the invalidation of those provisions by the Supreme Court it is necessary to amend the zoning code to remove the invalidated provisions; and

WHEREAS, The Homer Zoning Code was recently revised and the code sections renumbered, and in order to repeal the invalid provisions it is necessary in this ordinance to refer to them by the new section numbers; now, therefore,

THE CITY OF HOMER HEREBY ORDAINS:

Section 1. Homer City Code § 21.18.040 concerning dimensional requirements in the Central Business District shall be amended to read as follows:

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~~ 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.~~

Section 2. Homer City Code § 21.24.040 concerning dimensional requirements in the General Commercial 1 District is hereby amended to read as follows:

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~~ 55,000 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.

Section 3. Homer City Code § 21.26.040 concerning dimensional requirements in the General Commercial 2 District is hereby amended to read as follows:

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.

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.~~

Section 4. This ordinance is of a permanent and general character and shall be included in the city Code.

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

CITY OF HOMER

_______

JAMES C. HORNADAY, MAYOR

ATTEST:

JO JOHNSON, CMC, CITY CLERK

AYES:

NOES:

ABSTAIN:

ABSENT:

First Reading:

Public Reading:

Second Reading:

Effective Date:

Reviewed and approved as to form:

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

Date: _________________________ Date: _________________________