CITY OF HOMER

HOMER, ALASKA

City Manager/City Planner

 

ORDINANCE 09-12(A)

 

AN ORDINANCE OF THE HOMER CITY COUNCIL, AMENDING HOMER CITY CODE SECTION 21.03.040 TO ADD DEFINITIONS RELATED TO OFF-STREET PARKING; AMENDING THE DEFINITION OF “PARKING SPACE” IN HOMER CITY CODE SECTION 21.03.040; ENACTING HOMER CITY CODE CHAPTER 21.55, OFF-STREET PARKING; AMENDING HOMER CITY CODE SECTION 21.70.020 TO PROVIDE FOR ZONING PERMIT APPLICATION SUBMMBIISSIONS AND REGARDING OFF-STREET PARKING; AND REPEALING HOMER CITY CODE 7.12, OFF-STREET PARKING.

 

 

WHEREAS, offOff-street parking standards have changed since the adoption of the City’s current off-street parking requirements in 1988, to reflect, among other things, the maneuverability of modern vehicles; and

 

WHEREAS, the The 1989 Comprehensive Plan Chapter 3, Transportation, p.  35 action item 2.3.1 states “Provide a parking review of all site plans for businesses and site            plans submitted with an application for a City building permit”;;” and

 

WHEREAS, adequate Adequate parking is essential to accommodate commerce, but too much parking is detrimental to the visual aesthetics of the community and to pedestrian access; and

 

            WHEREAS, the The Town Center Plan calls for reduced impervious surfaces, reduced contiguous parking lots, encourages joint or shared parking and encourages             decreasing parking requirements; and

 

WHEREAS, the The Town Center Plan states, “Revise City parking requirements to accommodate on-street parking, parking pockets, shared parking, and off-site parking.”

 

NOW,  THEREFORE, THE CITY OF HOMER ORDAINS:

 

            Section 1.  Homer City Code 21.03.040, Definitions used in zoning code, is amended by adding the following definitions:

 

"Aisle" means an area within a parking lot that is reserved exclusively for ingress, egress and maneuvering of automobiles.

 

            "Arterial" means a street whose principal function is the transmission of vehicular through-traffic, that performs a major role in serving the transportation needs of the community, and that is identified as a "major arterial" or "community arterial" in the Homer Roads and Streets Master Plan.

 

            "Driveway" means the aisle are within a parking lot which abuts designated parking spaces and which is reserved exclusively for ingress, egress and maneuvering of automobiles in and out of those spaces.

 

“Guest room” means a single unit for the accommodation of guests without kitchen or cooking facilities in a bed and breakfast, rooming house, hotel or motel.

 

“Joint use parking area” means a parking lot that contains required off-street parking spaces for more than one lot.

 

            Kitchen” any room or part of a room intended, or designed to be used for cooking or the preparation of food.  The presence of a range or oven, or utility connections suitable for servicing a range or oven, shall be considered as establishing a kitchen. 

 

"Parking stall" is synonymous with "parking space."

 

Senior  housing” attached or detached independent living developments, including retirement communities, age-restricted housing and active adult communities.

 

            Section 2.  The definition of “parking space” Homer City Code 21.03.040, Definitions used in zoning code, is amended to read as follows:

 

“Parking space” is a space in a parking lot that is reserved for the parking of a vehicle.

 

            Section 3.  Homer City Code Chapter 21.55, Off-street parking, is enacted to read as follows:

 

21.55.010 Purpose.  The purpose of this chapter is to:

a.         Promote public safety, convenience, comfort and welfare by establishing minimum  standards for safe and efficient off-street vehicle parking, avoid unnecessary interference with the public use of streets, reduce traffic hazards and provide for safe traffic circulation, and

b.         Differentiate parking requirements applicable to specific areas within the City.

c.         Allow a reduction in the total number of parking spaces required when a mix of land uses have varying peak periods of parking demands.

 

21.55.020 Design standards.  Off-street parking required by this chapter shall conform to the design standards in this section.

a.         Parking stall and aisle dimensions.  Subject to the remainder of this subsection:

1.         All parking stalls shall be at least 9 feet in width, and have an area of at least 171 square feet.

2.         All parking stalls and aisles shall have the minimum dimensions shown in Figure 1.

 

 

FIGURE 1

 

Parking Angle (degrees)

Stall Depth (feet)

Aisle Width (feet)

Total Stall and Two-Way Aisle Width (feet)

Car-to-Wall Stalls

Interlocking Stalls

One Way

Two Way

0 (parallel)

24

 

12

 

21

45

19

16

16

19

57

60

19

18

16

20

58

90

19

18

24

24

62

 

3.         The city planner may permit the use of parking angles other than those shown in Figure 1 if necessary to provide the required number of Off-street parking spaces on a lot, and determine other dimensional requirements appropriate to the permitted parking angles.

4.         The city planner shall determine all issues of the interpretation and application of the dimensional standards in Figure 1 with regard to a particular lot, considering the geometry of the lot and parking area, and the configuration of physical features on the lot.

            b.         All parking stalls and aisles shall be free of any obstruction that impedes their full use for their intended purpose.  No wall, post, guardrail or other obstruction that would restrict car door opening shall be located within five feet of the centerline of a parking stall.

            c.         Except as this chapter permits otherwise, the entire parking lot, including parking stalls and aisles, shall be located on private property and not in any public right-of-way.

            d.         A parking lot shall have appropriate means of vehicular access to an adjoining street or alley, and adequate maneuvering area within the parking lot.  Except for parking that serves only a single-family or duplex dwelling and parking in a setback area that is permitted under HCC 21.55.030, the parking lot shall be arranged so that all that vehicle ingress to, and egress from, the parking lot is possible by forward motion, and turnaround areas approved by the city planner shall be provided within a parking lot if necessary to meet this requirement.

e.         Each point of entry to a parking lot from a street or alley, or exit from a parking lot to a street or alley, shall meet the visibility clearance standards in HCC 21.73.200.

f.          Cut-off luminaires shall be used in all parking lot lighting that is installed at a height of 15 feet or more above grade.

g.         An area used for commercial or industrial parking, loading or servicing shall be screened from view from any adjoining residential zoning district or lot used for residential purposes by a wall, fence or planting of adequate height to screen the parking, loading or servicing area.

h.         A parking lot for a multi-family dwelling that contains 10 or more spaces shall be screened from view from any adjoining residential zoning district or lot used for residential purposes by a wall, fence or planting of adequate of height to screen the parking lot.

 

21.55.030 Parking in setback areas.  Off-street parking required by this chapter may be located in a setback area, subject to the following requirements:

a.         There shall be sufficient maneuvering space for a vehicle to enter and exit the parking lot without interfering with the normal flow of traffic.

b.         The parking lot design may not permit vehicles to back onto an arterial, and may permit vehicles to back onto any other street only through an authorized driveway or curb cut.

 

21.55.040 Construction standards.  All off-street parking required under this chapter shall be constructed in accordance with the standards in this section.

a.         The entire parking lot, including parking stalls, aisles and other areas used for vehicular circulation shall be permanently surfaced with a suitable gravel base or paved with concrete or asphalt compound.

b.         The surface of a parking lot shall be graded to drain properly.  Except where the city engineer approves a greater slope, the surface of a parking stall shall have a longitudinal slope not exceeding three percent and a transverse slope not exceeding five percent, and the surface slope of an aisle shall not exceed five percent in any direction.

c.         A parking lot shall contain directional, traffic control and other signage where the city planner determines it to be necessary to inform members of the public using the parking lot.

 

21.55.050 Location of parking areas.  All off-street parking required under this chapter shall be located in accordance with this section.

a.         Off-street parking for a single-family, duplex or multi-family dwelling shall be located on the same lot as the dwelling.

b.         Off-street parking required for a use other than a single-family, duplex or multi-family dwelling shall be located within 700 feet of that use, measured from the lot where the use is located to the lot where the parking is located, along the shortest distance on public or private rights-of-way that are improved and will be maintained to provide lawful pedestrian access between the lots.  Off-street parking that is not located on the same lot as the use for which it is required shall meet the standards for off-site parking in HCC 21.55.060.

 

21.55.060 Off-site parking.  a.  Off-site parking may be used to satisfy the off-street parking requirements in this chapter only where permitted under HCC 21.55.050, and only to the extent that space for required off-street parking is not available on the same lot as the use for which the off-street parking is required.

b.         Off-site parking must be located in a zoning district where it is a permitted use.

c.         A sign not exceeding nine square feet in area advising customers of the location of the off-site parking shall be posted prominently on each building that uses off-site parking to meet off-street parking requirements for customers.  In addition, a sign of similar size, set back a minimum of ten feet from the right-of-way, shall be posted at the lot containing the off-site parking, identifying it as parking for customers of the particular business. The signs shall comply with the visibility clearance standards in HCC 21.73.200.

d.         Unless the off-site parking lot and the lot containing the use served by the off-site parking are owned in fee simple by the same person, the off-street parking lot shall meet the one of the following requirements:

1.         A writing executed by the owners of the off-site parking lot for the benefit of the owners of the lot containing the use served by the off-site parking shall be recorded in the Homer Recording District containing substantially the following statement:

In accordance with the requirements of Homer City Code Chapter 21.55, the ____ parking spaces on the property identified and described in this instrument as the Parking Parcel have been designated as off-street parking for the benefit of the property identified and described in this instrument as the Benefited Property.

The Parking Parcel cannot be used in any manner that interferes with its use as off-site parking for the Benefited Parcel, unless this restriction is removed upon written approval of the city planner after determining that other sufficient off-street parking has been provided for the benefit of the Benefited Property.

The recorded instrument shall include legal descriptions of the Benefited Property and the Parking Parcel, and provide for the continued availability on the Parking Parcel of the specified number of off-street parking spaces, the permitted users of the parking spaces, the times of day that parking spaces are reserved for those users, the parking lot layout, responsibility for maintenance, cleaning and lighting, the term of the agreement, options for renewal, provisions for termination, and dispute resolution.  Upon submission of satisfactory evidence either that other off-street parking spaces meeting the requirements of this chapter have been provided or that the building or use has been removed or altered in use so as to no longer require the off-site parking, the city planner may give written approval to remove the restriction from the Parking Parcel. A copy of the written approval shall be made available to the owner of the Parking Parcel for the purpose of recordation.  

2.         The off-site parking shall be reserved and designated for that purpose by the city in a city-owned parking lot.

 

21.55.070 Joint use of off-street parking.  The city planner may permit the joint use of off-street parking to meet off-street parking requirements for more than one use subject to the following requirements:

a.         The uses relying on the off-street parking will not require the off-street parking during the same hours.

b.         Unless the off-street parking lot and all lots containing the uses served by the off-site parking are owned in fee simple by the same person, the off-street parking lot shall comply with the requirements of HCC 21.55.060(d)(1).

c.         If the off-street parking is off-site parking with respect to a use that it serves, the off-street parking shall comply with the requirements of HCC 21.55.050 and 21.55.060 with respect to each such use.

 

21.55.080 Use of required off-street parking spaces.  All required off-street parking spaces shall be used only for parking of operable vehicles of the residents, customers or employees of the related use.  Required off-street parking spaces shall not be used for storage of boats, abandoned or inoperable vehicles, dumpsters or other objects.

 

21.55.090 Required number of off-street parking spaces.  a.  The number of off-street parking spaces required in this section shall be provided for every building erected, altered by adding or creating dwelling units, guest rooms, bedrooms, floor area, seats or employees, or in which a new use is established, after August 9, 1988:

 

 

 

 

 

 

 

 

 

 

Use

Parking Spaces Required

1. Dwellings.

Two per dwelling unit, or one per efficiency or one-bedroom dwelling unit in a multi-family dwelling.  One per senior housing unit.  A required parking space may be in a garage or carport if the structure is at lease 12 feet wide, 20 feet long and 8 feet high.

2. Bed and Breakfast.

Two, plus one per two guest rooms. 

3. Rooming house.

One per two guest rooms for the first five guest rooms, plus one per each guest room in excess of five.

4. Dormitory.

One per two beds.

5. Hotel, motel.

One per guest room.

6.  Restaurant, club, lounge, tavern or establishment for the sale and on-premises consumption of food or beverages.

One per three indoor seats.  If there is no fixed seating, one per 100 square feet.  One per 10 seats of seasonal outdoor seating.

7. Drive thru espresso stands, mobile food vendors and other establishments that sell food and beverages prepared to order for consumption off the premises.

One employee parking space and three spaces not within a sidewalk or the traveled portion of a right-of-way for queuing motorists.

 

8. Retail stores, furniture and appliance stores, hardware stores, food stores, markets, shopping centers, household equipment, service shops, clothing, shoe repair or personal service shops.

Once One per three hundred square feet of gross floor area, but not less than two.

9.  Banks, business, professional governmental offices and medical and dental clinics.

One per three hundred square feet of gross floor area.

10. Warehouses and storage buildings.

One per three thousand square feet of gross floor area.

11. Churches, mortuaries, funeral homes.

One per five seats.

12. Manufacturers and processors.

One per thousand square feet of gross floor area.

13. Rest homes, convalescent homes, nursing homes, assisted living or similar uses.

One per three beds plus 2 per dwelling unit of an onsite caregiver.

14. Bowling alley.

Four per bowling lane.

15.  Service station, motor vehicle maintenance and repair shop, public garage.

One per stall, plus one per employee.  All vehicles in the custody of the operator of the business for service, repair, storage, sale or other purposes shall be stored on the premises or in a separate vehicle parking lot and shall not be parked on a public right-of-way.

16. School.

Senior High: One per employee plus one per ten students based on maximum classroom capacity.

Elementary School and Junior High: One per employee plus ten for visitor parking.

 

17. Day-care facility.

One per three hundred square feet of gross floor area, but not less than two.

18. Auditoriums (including school auditoriums), theaters, exhibition halls, stadiums, sports arenas and other places of public assembly.

One per four seats and one per hundred square feet of floor area used for assembly and not containing fixed seats.

19. Parks.

As determined by the commission based on anticipated usage.

20. Mixed uses.

See subsection (c) of this section.

21. Skating rinks.

One per two hundred fifty feet of gross floor area.

22. Taxi operations, excluding water taxi operations.

One per vehicle in the taxi fleet plus one per two employees.

23. Impound yards:

One per employee plus two for customer parking.

 

b.         The city planner shall determine the number of off-street parking spaces that is required for a use not identified in subsection (a) of this section.

c.         If more than one use is present on a lot, the number of required off-street parking spaces shall be equal to 75% of the sum of the number of required off-street parking spaces for each use computed separately, unless the commission approves a lesser number.

d.         When the number of required parking spaces for a use is based upon seating capacity, each chair and each twenty-four inches of pew, bench or similar seating space shall be counted as one seat.  When the number of required parking spaces for a use is based on the number of employees, the number shall be determined using the shift during which the greatest number of employees is present during peak season.

 

21.55.100 Homer Spit parking requirements.  a.  This section applies only to the Homer Spit, and is intended to accommodate the large seasonal and daily fluctuations in demand for parking among a variety of uses concentrated on a land formation with limited surface area.  The remainder of this chapter applies to off-street parking on the Homer Spit except as this section provides otherwise.  Where a provision of this section conflicts with another provision of this chapter, the provision of this section shall govern.

b.         HCC 21.55.050 and 21.55.090 do not apply on the Homer Spit.

c.         The number of off-street parking spaces required for a dwelling is determined in the manner provided in HCC 21.55.090(a).  Off-site parking is permitted for a dwelling only where the city planner determines that locating the parking spaces on the same lot as the dwelling is not feasible because of limited land area or unique location.  Off-site parking for a dwelling is subject to the requirements of HCC 21.55.060(a), (b) and (e).

d.         Parking for year-round permanent employees, up to a maximum of five spaces, shall be provided on the same lot for each non-residential use.  Off-site parking shall be used to provide any additional parking spaces that are required for year-round permanent employees.  The requirement for on-site parking for employees may be reduced only where the city planner determines that locating the parking spaces on the same lot as the use they serve is not feasible because of limited land area or unique location.  Off-site parking for a non-residential use is subject to the requirements of HCC 21.55.060(a) through (c) and (e), and HCC 21.55.070.

e.         Required off-street parking may be located off-site in a City-owned multiple use parking area if the city planner determines the parking area will adequately serve the use, considering the following factors in relation to the use to be served:

1.         Proximity of the off-site parking facility;

2.         Ease of pedestrian access to the off-site parking facility;

3.         The type of uses the off-site parking facility is intended to serve;

4.         Whether the off-site parking will be used by employees, retail customers, all day charter customers, or other groups; and

5.         Whether the off-site parking facility contains sufficient available parking spaces to accommodate the parking that the use typically requires.

 

21.55.110 Town Center parking requirements.  The number of off-street parking spaces required for a use in the Town Center zoning district shall be 80% of the number of spaces required for that use in HCC 21.55.090(a). Except as provided in the preceding sentence, the provisions of this chapter apply in the Town Center zoning district.

 

21.55.120 Loading areas—Required  a.  Each lot containing a building or use that receives or makes deliveries shall contain off-street facilities for the loading and unloading of delivery vehicles that meet the requirements of this section.

b.         Each loading area shall be situated and of sufficient size to permit loading and unloading without interference with or projection into any public right-of-way or parking area, except as provided in subsection (c) of this section.  Each loading area shall be provided with convenient access to a public right-of-way.  The access may be located in a required yard or setback, but this does not permit the location of a structure in a required setback.

c.         No loading or unloading may be conducted in a required off-street parking area for more than four hours in any period of 24 hours.

 

            Section 4.  Homer City Code 21.70.020, Application, is amended to read as follows:

 

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.         If construction or a new or changed use under a zoning permit will change the quantity or location of required off-street parking, a survey, plat, or plan, drawn to a scale of not less than 1" = 20,' showing the actual dimensions of the lot, the exact location of the buildings and structures erected or to be erected thereon, adjacent street rights-of-way, utility easements and facilities, building setbacks, drainage, parking lot ingress and egress points, driveways, parking lot aisles, and the number and location of off-street parking spaces and loading spaces.  Where off-site parking will be provided to meet a requirement for off-street parking, a similar survey, plat or plan also shall be provided for the off-site parking, accompanied by the document required by HCC 21.55.060(e).  A site plan prepared according to HCC Chapter 21.73 may be substituted for the survey, plat, or plan required by this subsection.

6.         For new buildings or structures, or for changes to the exterior dimensions of existing buildings or structures, the survey, plat, or plan required by paragraph (5) of this subsection also plan and elevation drawings of the buildings and structures erected or to be erected thereon.  A site plan prepared according to HCC Chapter 21.73 may be substituted for the survey, plat, or plan required by this subsection.

7.         Copies of any building permits or other permits required by applicable federal, state or local law or regulations.

8.  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.

9.   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.

10.   The applicant's signed certification that all the information contained in the application is true and correct.

 

            Section 5.  Homer City Code Chapter 7.12, Off-Street Parking, is repealed.

 

            Section 6.  This Ordinance is of a permanent and general character and shall be included in the City Code.

 

            ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this ________ day of ______________ 2009.

 

                                                                                    CITY OF HOMER

 

 

                                                                                    _____________________________

                                                                                    JAMES C. HORNADAY, MAYOR

 

ATTEST:


______________________________

JO JOHNSON, CMC, CITY CLERK

 

YES:

NO:

ABSTAIN:

ABSENT:

 

First Reading:

Public Hearing:

Second Reading:

Effective Date: 

 

 

Reviewed and approved as to form:

 

 

________________________                                    ____________________________

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