HOMER,
City Manager/Planning
ORDINANCE
09-44(S)
AN ORDINANCE OF THE HOMER
WHEREAS,
Overslope development around the edge of the small boat harbor has been
discussed for many years; and
WHEREAS,
The small boat harbor is a major public facility, and development that may
affect the usability of the small boat harbor merits special review and
consideration; and
WHEREAS,
A draft ordinance regulating overslope development was prepared by a consultant
and reviewed by the city in 1994; and
WHEREAS,
In 2006 the City Council initiated an Overslope Task Force to resume work on
this ordinance; and
WHEREAS,
The Port and Harbor Advisory Commission spent an extensive amount of time and
effort to refine the draft ordinance; and
WHEREAS,
The Planning Department completed a draft ordinance based on the Commission’s
work in the spring of 2009; and
WHEREAS,
The Port and Harbor Advisory Commission recommended that the City Council adopt
the draft ordinance on June 10, 2009; and
WHEREAS,
The Homer Advisory Planning Commission conducted a public hearing on the draft
ordinance on August 5, 2009, and recommended that the City Council adopt the
draft ordinance; and
WHEREAS,
The Homer Spit section of the 1999 Comprehensive Plan Update states the goal to
“Manage the land and other resources of the spit to accommodate its natural
processes while allowing fishing, tourism, other marine related development,
and open space/recreational uses”; and
WHEREAS,
Overslope development will allow further development of the small boat harbor
area without interfering with the natural processes of the Homer Spit.
NOW, THEREFORE, THE
Section 1. Homer City Code 21.03.040, Definitions used
in zoning code, is amended by adding the following definitions:
“Overslope development” means an overslope platform
and the structures located on the overslope platform.
“Overslope platform” means an elevated
horizontal structure designed to support buildings that are located above the
slope between an upland lot and the water of the Homer small boat harbor.
Section
2. Homer City Code 21.10.020(b) is hereby amended to read as follows:
b. The overlay districts established elsewhere
in the zoning code include:
Abbreviated
Overlay
Zone
Designation
Scenic Gateway Corridor
Overlay District none
Bridge Creek Watershed
Protection District BCWP
Flood Prone
Areas
none
Small Boat Harbor Overlay
District none
Section 3. Homer City Code Chapter 21.46, Small Boat
Harbor Overlay District, is adopted to read as follows:
Chapter 21.46
Small Boat Harbor Overlay District
Sections:
21.46.010 Purpose and intent
21.46.020 Overlay district boundaries
21.46.030 Applicability
21.46.040 Conditional uses
21.46.050 Overslope platform standards
21.46.060 Architectural standards
21.46.070 Signs
21.46.080 Landscaping
21.46.090 Architectural plans
21.46.010
Purpose and intent. The purpose of the Small Boat
Harbor Overlay District is to establish additional development regulations
specifically designed for the unique nature and needs of water and
tourism-oriented uses on platforms over the small boat harbor. These regulations will delineate special
performance and design standards, encourage mixed use developments which
contribute to the stabilization of water-dependent and water-related uses,
encourage the link between the marine business and general business sectors of
the community, and encourage safe and enjoyable access along the harbor’s edge.
21.46.020
Overlay district boundaries. The Small
Boat Harbor Overlay District applies to the property described as Lot G-8 and
21.46.030
Applicability. Unless otherwise noted, the requirements of
the Small Boat Harbor Overlay District apply to all development and are in
addition to the requirements of the underlying zoning district. Where a requirement of the underlying
district conflicts with a requirement of the overlay district, the overlay
district requirement shall govern.
21.46.040
Conditional Uses. The following uses may be
permitted in the Small Boat Harbor Overlay District when authorized by
conditional use permit issued in accordance with HCC Chapter 21.71:
a. Overslope development.
21.46.050 Overslope platform standards. An overslope platform shall comply with the
following standards:
a. An overslope platform shall be 40 feet
deep, and shall be not less than 40 feet nor more than 240 feet wide.
b. There shall be a minimum 20 foot
setback separating an overslope platform
from a dedicated right-of-way. Except as
provided in the preceding sentence, there are no setback requirements for
overslope platforms, and an overslope platform may be constructed to the lot
line.
c. An overslope platform that is used for
the docking of boats shall be designed to bear the loads associated with that
use, and include suitable rail access, gates, stairs and fenders.
d. The bottom of the lowest structural member of the lowest floor of an overslope
platform (excluding pilings and columns) shall be at least one foot
above the base flood elevation.
e. The area of an overslope platform that
at the time of its construction is within 15 feet of the edge of a ramp shall
be used as a public access area, within which no sales or commercial activity
may occur. Such a public access area
shall not be counted to meet open space or landscaping requirements.
f. Direct access from an overslope platform
to the ramp shall be limited to avoid user conflicts. Gates or other moveable barriers that
facilitate loading and unloading may be used to control access.
21.46.060
Architectural standards. Overslope development shall
conform to the following architectural standards.
a. All
buildings on the same overslope platform shall receive a common architectural
treatment. The main color of the
exterior walls of all buildings on an overslope platform shall be one or more earth
or seascape tones.
b. Not
less than five percent of the area of an overslope platform area shall be
outdoor public open space.
c. Overslope
development shall include pedestrian walkways that provide direct access between
common areas in the overslope development and public rights-of-way.
d. Opaque walls, fences or planter boxes, or any combination of
them, shall be used to screen mechanical equipment and trash containers from view
in adjacent public areas.
e. The design of structures and outdoor
pedestrian areas shall take into consideration environmental factors such as
prevailing wind, salt spray, solar exposure, snow and heavy rains.
f. Along the length of a building, the roofline
shall not be continuous for more than 60 feet. Roofs shall be gabled.
g. The maximum height of a building
measured from the overslope platform or the adjacent grade to the highest roof
peak shall not exceed 25 feet
h. A public access not less than eight
feet wide to an area overlooking the harbor shall be provided at each end of an
overslope platform and at intervals not greater than 150 feet on the overslope
platform.
i. A continuous pedestrian corridor at
least eight feet wide must extend the length of the overslope development, on
either the harbor or the uplands side, or some combination thereof. The corridor must be clear of obstructions,
but may be covered by an awning or roof overhang. The minimum eight-foot width of the corridor
may not be counted to meet landscaping or public open space requirements.
21.46.070
Signs. Signs are subject to the requirements in
Chapter 21.060 that apply in the underlying zoning district, provided that the
maximum combined total area for all signs under Table 2 in HCC 21.60.060(c) is
calculated on a per-building basis instead of on a per-lot basis. No sign bearing a commercial message, as
defined in HCC 21.60.040, may be placed in an outdoor public open space.
21.46.080 Landscaping. a. Five percent of the area of an overslope platform
must be landscaped.
b. In addition to the types of plantings
listed in the definition of landscaping in HCC 21.03.040, landscaping on an
overslope platform may include planter boxes and hanging basket plantings.
c. The commission may permit the
substitution of durable outdoor art, or amenities for public use such as bike
racks, benches, trash receptacles and information kiosks, for part of the
required landscaping on an overslope platform.
21.46.090
Architectural plans. An application for an overslope development conditional use shall
include the following detailed plans and specifications showing compliance with
the requirements of this chapter:
a. Floor plans at a scale of 1/8”=1’ – 0”.
b. Architectural elevations.
c. Site elevation showing the relationship
to the platform of the base flood elevation and mean high tide line, and the
elevation of the land where the platform adjoins the shore.
d. Exterior finish schedule.
e. Roof plan showing direction of drainage
and where runoff will go.
f. Drawings must show design oversight by
an architect registered under the laws of the state of
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 HOMER,
CITY
OF HOMER
______________________________________
DENNIS
NOVAK, MAYOR PRO TEMPORE
ATTEST:
______________________________
JO JOHNSON, CMC, CITY CLERK
YES:
NO:
ABSTAIN:
ABSENT:
First
Public Hearing:
Second
Effective Date:
Reviewed and approved as to form:
________________________ _____________________________
Walt Wrede, City Manager Thomas F. Klinkner, City
Attorney
Date:
___________________ Date:
________________________