INTRODUCTION

CITY OF HOMER

HOMER, ALASKA

Planning

RESOLUTION 03-133

A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA AMENDING THE HOMER ADVISORY PLANNING COMMISSION POLICY AND PROCEDURE MANUAL

WHEREAS, the Homer Advisory Planning Commission Policy and Procedure Manual were amended by the Homer Advisory Planning Commission at their Regular Meeting of September 3, 2003.

NOW, THEREFORE, BE IT RESOLVED that the City Council of Homer, Alaska amends the Homer Advisory Planning Commission Policy and Procedure Manual as follows:

INTRODUCTION

The purpose of this policy manual is to clarify the role of the Planning and Zoning Department, Advisory Planning Commission and Board of Adjustment in administration of the Homer City Code and specifically the Homer Zoning Ordinance, Title 21, Vehicles and Traffic, Title 7, Homer Bridge Creek Watershed Protection District (BCWP), and Subdivisions, Title 22.

This manual is divided into sections, which explain the policies for administering and implementing the land use permitting ordinances and the zoning ordinance.

HOMER ADVISORY PLANNING COMMISSION

The Homer Advisory Planning Commission is established with those powers and duties as set forth in Title 1, Section 76, of the Homer City Code. The Commission is established to maximize local involvement in planning and to implement and recommend modifications to the Homer Zoning Ordinance, Title 21, Vehicles and Traffic, Title 7 and Subdivisions, Title 22. The Commission's jurisdiction is limited to the area within the City boundaries and that area designated as the Homer Bridge Creek Watershed Protection District.

The Homer Advisory Planning Commission consists of seven members; no more than one may be from outside the city limits. Members will be appointed by the Mayor subject to confirmation by the City Council for three-year terms (except to complete terms).

There will be regular meetings of the Commission and permanent records or minutes shall be kept of the proceedings. The minutes will record the vote of each member upon every question. Every decision shall be filed in the office of the City Manager and shall be public record open to inspection.

The Planning powers and duties of the Commission are:

A. Develop, adopt, alter or revise, subject to approval of the City Council, a master plan for the physical development of the City. Such master plan with accompanying maps, descriptive and explanatory matter shall show the Commission's recommendations for development within the City limits, including the Homer Bridge Creek Watershed Protection District and may include:

1. Development of the type, location and sequence of all public improvements,

2. The relocation, removal, extension or change of use of existing or future public ways, grounds, spaces, buildings, properties and utilities and the extent and location of rehabilitation area.

When a Comprehensive Plan for the City has been approved by the Council, amendments, revisions and extensions thereof may be adopted by the Council after consideration and report by the Commission;

B. Exercise control over platting and subdivision of lands within the City Limits and within the Homer Bridge Creek Watershed Protection District. All proposed plans, plats or replats of lots, blocks or lands, and all streets, alleys and other portions of the same, intended to be dedicated to public or private use, or vacated within the corporate limits or the Homer Bridge Creek Watershed Protection District, shall first be submitted to the Commission for its approval or rejection before such plans, plats or replats shall be submitted to the Borough Planning Commission for final approval and recordation;

C. Draft an official map of the City and recommend or disapprove proposed changes in such map.

D. Promote public interest in and understanding of the Comprehensive Plan and of general regulations with regard to planning and zoning;

E. Make investigations regarding any matter related to City planning;

F. Make and prepare reports, prints, plats and plans for approval by the City Council;

G. Make or cause to be made surveys, maps and plans relating to the location and design of any public building, dock, beach, ski ground, statue, memorial, park, parkway, boulevard, street, alley or playground.

The Zoning powers and duties of the Commission are:

A. Interpret the provisions of the Homer Zoning Ordinance and make zoning compliance determination when requested,

B. Act upon requests for PUD'S, Variance and Conditional Use Permits,

C. Prepare and recommend to the Homer City Council modifications to the Homer Zoning Ordinance.

PLANNING COMMISSION AGENDA

1. Roll Call ~~Call To Order~~

A quorum is required to conduct a meeting.

2. Approval Of Agenda And Adoption Of Consent Agenda

All items on the consent agenda are considered routine and non-controversial by the Planning Commission and are approved in one motion. There will be no separate discussion of these items unless requested by a Planning Commissioner or someone from the public, in which case the item will be moved to the regular agenda and considered in normal sequence.

1. Time Extension Requests

2. Approval of City of Homer Projects under HCC 1.76.030 g.

3. KPB Coastal Management Program Reports

4. Commissioner Excused Absences

3. Approval Of Minutes

Commission approves minutes, with any amendments.

4. Public Comment, Presentations

The public may speak to the Planning Commission regarding matters not on the agenda. The Chair may prescribe time limits. Public comment on agenda items will be heard at the time the item is considered by the Commission.

Presentations approved by the Planning Director, the Chair, or the Planning Commission.

A Public Works representative may address the Planning Commission.

5. Public Hearings

The Commission conducts Public Hearings by hearing a staff report, hearing public testimony and then acting on the Public Hearing items. The Chair may prescribe time limits. The Commission may question the public.

6. Plat Consideration

The Commission hears a report from staff, testimony from applicants and the public. The Commission may ask questions of staff, applicants and the public.

7. Commission Business

The Commission hears a report from staff, testimony from applicants and the public. Commission business includes resolutions, ordinances, zoning issues, requests for reconsideration and other issues as needed. The Commission may ask questions of staff, applicants, and the public. Any items brought before the commission for discussion are on the floor for discussion following introduction of the item.

8. Reports

a. Borough Report

b. Kachemak Bay Advisory Planning Commission Report

9. Planning Directors Report

10. Informational Materials

Items listed under this agenda item can be HCC meeting minutes, copies of zoning violation letters, reports and information from other government units.

11. Comments Of The Audience

Members of the audience may address the Commission on any subject. The Chair may prescribe time limits.

12. Comments Of The Commission

Commissioners may comment on any subject, including requests to staff and requests for excused absence.

13. Adjournment

Notice of the next regular or special meeting or work session will appear on the agenda following “adjournment”.

HOMER ADVISORY PLANNING COMMISSION

BY-LAWS

The following by-laws were passed by resolution of the Planning Commission on September 3, 2003 ~~November 6, 2002~~, by resolution of the Homer City Council on , ~~January 27, 2003~~ and shall be in effect and govern the procedures of the Planning Commission of the City:

A. To abide by existing Alaska State law, Borough Code of Ordinances, where applicable, and Homer City Code pertaining to planning and zoning functions;

B. To abide by Robert's Rules of Order, so far as this treatise is consistent with Homer City Code;

C. Regular Meetings:

1. First and third Wednesday of each month at 7:00 p.m.

2. Agenda deadline is the Monday of the week preceding the meeting date at 5:00 p.m. Agenda items requiring public hearing must be received by the Second Monday ~~third Wednesday~~ preceding the Planning Commission meeting.

3. Items will be added to the agenda upon request of staff, the Planning Commission or a Planning Commissioner.

4. Adding items or removing items from the published agenda will be by consensus of the Commission.

D. Special Meetings:

1. Called by Chairman or majority of the Commission.

2. Items will be added to the agenda upon request of staff, the Planning Commission or a Planning Commissioner.

3. Adding items or removing items from the published agenda will be by consensus of the Commission.

4. Require reasonable notification be given to the Planning Department staff and twenty-four hour notice to the Planning Commissioners.

E. Duties and Powers of the Officers:

A Chairman and Vice-Chairman shall be selected annually in August or as soon thereafter as practicable by the appointive members. The Chairman shall preside at all meetings of the Commission, call special meetings in accordance with the by-laws, sign documents of the Commission, see that all actions and notices are properly taken, and summarize the findings of the Commission for the official record. The Vice-Chairman shall perform all duties and be subject to all responsibilities of the Chairman in his/her absence, disability or disqualification of office. The Vice-Chairman will succeed the Chairman if he/she vacates the office before the term is completed to complete the un-expired term. A new Vice-Chairman shall be elected at the next regular meeting.

F. Motions to Reconsider:

Notice of reconsideration shall be given to the Chairman or Vice-Chairman, if the Chairman is unavailable, within forty-eight hours from the time the original action was taken. A member of the Commission who voted on the prevailing side on any issue may move to reconsider the commission's action at the same meeting or at the next meeting of the body provided the above 48-hour notice has been given. Consideration is only for the original motion to which it applies.

G. Conflict of Interest:

A member of the Commission shall disqualify himself/herself from participating in any official action in which he/she has a substantial financial interest. Should the Commission member not move to disqualify himself/herself after it has been established that he/she has a substantial financial interest, the Commission may move to disqualify that member by a majority vote of the body.

H. Quorum; Voting:

Four Commission members shall constitute a quorum. Four affirmative votes are required for the passage of a resolution or motion. Conditional use permits and zoning variances require a majority plus one vote. Voting will be by verbal vote, the order to be rotated. The final vote on each resolution or motion is a recorded roll call vote. For purposes of notification to parties of interest in a matter brought before the Commission, the Chairman shall enter for the record the vote and basis for determination.

The City Manager, or his/her designee and Public Works Director shall serve as consulting members of the Commission but shall have no vote.

I. Findings:

Findings will be recorded for conditional use permits, variances, and zoning ordinance amendments. The findings will include the result of the vote on the item and the basis of determination of the vote, as summarized by the Chairman or Vice-Chairman, in the absence of the Chairman.

J. Consensus:

The Commission may, from time-to-time, express its opinion or preference concerning a subject brought before it for consideration. Said statement, representing the will of the body and meeting of the minds of the members may be given by the presiding officer as the consensus of the body as to that subject without taking a motion and roll call vote.

K. Abstentions:

All Commission members present shall vote unless the Commission, for special reasons, permits a member to abstain. A motion to excuse a member from voting shall be made prior to the call for the question. A member of the Commission requesting to be excused from voting may make a brief oral statement of the reasons for the request and the question of granting permission to abstain shall be taken without further debate. A member may not be permitted to abstain except upon the unanimous consensus of members present. A member may not explain a vote or discuss the question while the roll call vote is being taken. A member may not change his/her vote thereafter.

~~M. Planning Commission Agenda & Meeting Guidelines:~~

~~1. Call To Order~~

~~A quorum is required to conduct a meeting.~~

~~2. Approval Of Agenda And Adoption Of Consent Agenda~~

~~1. Abbreviated Plats granted approval under HCC 22.10.045~~

~~2. Time Extension Requests~~

~~3. Approval of City of Homer Projects under HCC 1.76.030 g.~~

~~4. KPB Coastal Management Program Reports~~

~~5. Commissioner Excused Absences~~

~~3. Approval Of Minutes~~

~~Commission approves minutes, with any amendments.~~

~~4. Public Comment, Presentations~~

~~The public may speak to the Planning Commission regarding matters not on the agenda. The Chair may prescribe time limits. Public comment on~~ ~~agenda items will be heard at the time the item is considered by the Commission.~~

~~Presentations approved by the Planning Director, the Chair, or the Planning Commission.~~

~~A Public Works representative may address the Planning Commission.~~

~~5. Public Hearings~~

~~The Commission conducts Public Hearings by hearing a staff report, hearing public testimony and then acting on the Public Hearing items.~~

~~The Chair may prescribe time limits. The Commission may question the public.~~

~~6. Plat Consideration~~

~~The Commission hears a report from staff, testimony from applicants and the public. The Commission may ask questions of staff, applicants and the public.~~

~~7. Commission Business~~

~~8. Reports~~

~~a. Borough Report~~

~~b. Kachemak Bay Advisory Planning Commission Report~~

~~9. Planning Directors Report~~

~~10. Informational Materials~~

~~Items listed under this agenda item can be HCC meeting minutes, copies of zoning violation letters, reports and information from other government units.~~

~~11. Comments Of The Audience~~

~~Members of the audience may address the Commission on any subject. The Chair may prescribe time limits.~~

~~12. Comments Of The Commission~~

~~Commissioners may comment on any subject, including requests to staff and requests for excused absence.~~

~~13. Adjournment~~

~~Notice of the next regular or special meeting or work session will appear on the agenda following “adjournment”.~~

M N. Procedure for Consideration of Agenda Items:

The following procedure will normally be observed:

1. Staff presents report and makes recommendation;

2 Applicant makes presentation;

3. Public testimony is heard on item;

4. Applicant may make response;

5. Commission may ask questions of the applicant, public and staff.

N~~. O.~~ By-Laws Amended:

The by-laws may be amended at any meeting of the Commission by a majority plus one of the members, provided that notice of said proposed amendment is given to each member in writing. The proposed amendment shall be introduced at one meeting and action shall be taken at a subsequent Commission meeting.

O. P. Procedure Manual:

This procedure manual (including the Bylaws) will be endorsed by resolution of the Planning Commission and City Council and may be amended at any meeting of the Commission by a majority plus one of the members, provided that notice of said proposed amendment is given to each member in writing. Proposed amendments to the procedure manual shall be introduced at one meeting and action shall be taken at a subsequent Commission meeting.

PUBLIC PARTICIPATION

Addressing the Planning Commission:

The Homer Advisory Planning Commission invites citizen participation regarding matters brought before it for consideration. Any citizen desiring to speak on a matter under discussion by the Commission can do so under one or more of the following agenda headings: Public Hearings, ~~Public Comments,~~ Commission Business or Comments of the Audience. Any citizen desiring to speak on a matter not on the agenda may do so under Public Comments.

Public Hearings are scheduled to provide for formal testimony regarding Commission action. Generally, the order of presentation after introduction of any public hearing item by the Chairman will be:

1. Staff presents report and makes recommendation;

2. Applicant makes presentation;

3. Public testimony is heard on item;

4. Applicant may make response;

5. Commission may ask questions of the applicant, public and staff.

~~1. Summary presentation by staff~~

~~2. Questions to staff by the Commission~~

~~3. Comments by the applicant~~

~~4. Questions to the applicant by the Commission~~

~~5. Comments by interested citizens~~

~~6. Additional comments by the applicant, if any~~

~~7. Additional comments by staff, if any~~

No official action is taken by the Commission under Public Hearings. At the close of public hearing testimony, the Chairman will return the item to the agenda for action under "New Business". Under "New Business" the applicant is encouraged to participate in the discussion upon recognition by the Chairman. The Commission members may ask for additional clarification of matters from the applicant. Therefore, applicants are encouraged to attend the meetings when their requests are scheduled.

The public is also invited to speak on any matter ~~under discussion by the Commission that is~~ ~~scheduled on the agenda~~ during the "Public Comments." After the public comment period is introduced, the Chairman may recognize any member of the public who wishes to address the Commission. No official action will be taken by the Commission under this item.

Any citizen desiring to speak on a any matter ~~that is~~ not scheduled on the agenda may do so under "Comments of the Audience" at the end of each meeting. As a matter of policy, the Planning Commission does not take ~~immediate~~ action on items presented under "Comments of the Audience."

For any public participation before the Commission, the citizen should walk to the microphone located at the rostrum directly in front of the Commission podium, and after receiving recognition from the Chairman, state his/her name and address and purpose for appearing. The Chairman may limit comments to a certain time limit. Items that generate a large amount of citizen interest may be taken out of their regular position on the agenda at the discretion of the Commission as an accommodation to the public.

ADMINISTRATIVE OFFICIAL

The City Manager will be the administrative official responsible for all actions taken by the Homer Advisory Planning Commission and the City Council. The Planning Director will be responsible for administration and enforcement of the Homer Zoning Ordinance. Duties of the Planning Director will include, but are not limited to, the following:

1. Maintain all records of the zoning ordinance text and district changes;

2. Provide technical assistance to the City Manager;

3. Process all zoning applications and appeals;

4. Interpret and enforce the zoning ordinance;

5. Maintain all records of all zoning activities as related to the zoning ordinance.

The Planning Director has the authority to order abatement of all zoning violations to include: the discontinuation and removal of unlawful uses of land, buildings, uses or structures; the discontinuation of activity leading to an unlawful use of land or structure; and any other action necessary to insure compliance with all planning and land use regulations and permits.

The staff of the City Planning Department will act in an advisory and support capacity to the Planning Director, City Manager, Homer Advisory Planning Commission and Board of Adjustment. The staff will review or coordinate review of all applications relating to planning and zoning. Staff will review applications for minimum submission requirements.

BOARD OF ADJUSTMENT

The Homer City Council is the Board of Adjustment for any appeal of action or determination by the Homer Advisory Planning Commission. 'The Planning Commission acts on requests for conditional use permits, variances, ~~contract rezones~~, clarification of unlisted uses, recommendations on zoning ordinance amendments and appeals from the City Manager. The appeal process will be consistent with other sections of the zoning ordinance and follow the rules and regulations governing City Council activity.

The Homer Advisory Planning Commission is the appeal board for any appeal of action or determination by the Planning Director. The City Manager or designee (Planning Director) acts on enforcement of the zoning ordinance. The Homer Advisory Planning Commission will hear any appeal. The appeal process will be consistent with other sections of the zoning ordinance and follow the process as outlined in Chapter 21.68, Homer City Code.

The Superior Court of the State of Alaska is the judicial review for any appeal of action or determination by the Board of Adjustment.

Any person or persons with interests in land that is affected by an action or determination may appeal the decision. Appeals from an administrative action must be filed within thirty days to the City Manager. Appeals from a Planning Commission action must be filed within thirty days of the action or determination being appealed to the City Clerk. Appeals to the Superior Court must be filed within thirty days. The application for appeal must contain:

1. The name and address of the appellant;

2. A description of the action or determination from which the appeal is sought;

3. The street address and legal description of the property directly affected by the action or determination, and the name and address of property owner(s);

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.

The appeal will be heard by the Board of Adjustment within sixty days of receipt of the appeal.

The Planning Director or 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 receipt of the notice of appeal. Any party desiring to participate in the appeal must file with the City Clerk a written notice of appearance containing that party’s name and address, and the name and address of the party’s representative, if any.

Any additional party filing a notice of appearance may, within seven days after the date of filing of the initial notice of appeal, file notice of cross appeal complying with subsection 21.68.040 Notice of appeal, b.

The Planning Director or City Clerk shall promptly give notice of the cross appeal to the appellant and all other parties who have filed a notice of appearance.

During the hearing, no new evidence may be introduced. Minutes will be taken and preserved for one year unless required for further appeals.

HOMER ADVISORY PLANNING COMMISSION

POLICY FOR VIOLATION ABATEMENT

PURPOSE

If there is a violation of the terms of this chapter or of any conditions, regulation or safeguard adopted in conjunction with any conditional use, variance or other permit authorized under this chapter, the Planning Director may institute action to abate the violation.

POLICY

It is the policy of the City of Homer to exercise it’s authority with appropriate discretion, to see that the regulations of HCC Title 21, containing Homer City Zoning Ordinances, and HCC Title 7, Vehicles and Traffic, 7.12 Off-Street Parking are observed and that the Administration may enforce the Zoning Ordinances, and Off-Steet Parking whether or not a complaint is filed.

QUALIFICATION STATEMENT

Nothing in this chapter should be considered in lieu of any applicable laws and procedures found in the Alaska State Statutes, the Kenai Peninsula Borough Code of Ordinances, where applicable, or the Homer City Code.

INITIATION

Upon discovery of a violation, the Planning and Zoning official will notify in writing via certified mail the person responsible for the violation. A proper party for any enforcement action shall be considered to be the property owner as listed on the borough tax assessor's rolls. can use any remedy or method of enforcement available under the Homer Zoning Ordinance or other provision of the Homer City Code or other law, the Administrative Official or the Planning Director may order:

1. The discontinuation of a use of land or a structure that is in violation of the Homer Zoning Ordinance, 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 Ordinance, 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 Ordinance, a regulation or a permit.

4. The suspension or revocation of a permit under which a violation of the Homer Zoning Ordinance 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 Ordinance, regulations or a permit.

6. Any other action necessary to prevent, abate or discontinue a violation of the Homer Zoning Ordinance, a regulation or a permit.

An enforcement order issued may be directed to one or more violators. A written enforcement order 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 its service. Failure to appeal to the Planning Commission within 30 days of service shall constitute a waiver of all rights of appeal from the order. During such time that an enforcement order is appealed, no further development contrary to the order will continue.

~~The notice will specify the violation and order abatement within a reasonable time, to be no longer than 90 days.~~

The Homer Advisory Planning Commission will be presented with all violations, interpretations, and abatement action at their next regular meeting.

PENALTY

Notice of Violation will specify a period of time for abatement. Each act of violation and every day upon which the violation shall continue after the expiration of any grace period specified in the notice constitutes a new and separate offense.

Every violation of Chapters 21.28 through 21.70 shall constitute a misdemeanor and punishable under the general penalty provision of the Homer City Code, Chapter 1.16.

PLANNING COMMISSION REVIEW

Appeal

Administrative actions may be appealed to the Planning Commission. Applications for appeal must be filed with the City Manager within thirty days of the Notice of Violation. The appeal must be in writing and must include:

1. Name and address of applicant;

2. Description of action or determination being appealed;

3. The street address and legal description of the property directly affected by the action or determination, and the name and address of property owner(s);

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.

A public hearing will be scheduled before the next Commission meeting provided all the necessary information is received by the preceding meeting. All appeals must be decided by the agency hearing the appeal within sixty days after the appeal has been filed.

Review Standards

In reviewing an appeal request, the Planning Commission will consider:

1. Documentation of evidence

2. The record (Minutes)

3. Controlled sections of Chapter 21.28 through 21.70 Homer City Code.

Determination

BOARD OF ADJUSTMENT

Appeal

If an appeal from an action or determination of the Planning Commission is to be filed, the appeal must be filed with the City Clerk within thirty days of the action or determination being appealed. A notice of appeal shall be in writing and shall contain, but is not limited to, the following information:

1. Name and address of the appellant.

2. A description of the action or determination from which the appeal is sought.

3. The street address and legal description of the property directly affected by the action or determination, and the name and address of property owner(s);

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.

The appeal will be heard by the Board of Adjustment within sixty days of receipt of the appeal. The City Clerk will prepare the following:

1. All relevant documents involved in the original decision including staff reports, minutes, appellant documents utilized in the original decision.

2. Any additional briefs submitted, so long as there is no new evidence presented.

The members of the Board of Adjustment will be notified immediately upon receipt of the appeal.

The appellant, all parties who have entered an appearance and affected property owners, within 300-feet of periphery of the parcel, will be provided fifteen days notice of the appeal hearing date.

During the hearing, no new evidence may be introduced. Any appeal alleging new evidence will be remanded to the lower administration body.

Minutes will be taken and preserved for one year unless required for further appeals.

Determination

All decisions will be in writing and shall refer to evidence contained in the record and the controlling sections of the ordinance. An official statement of findings and reasons supporting the decision will be adopted. The Board of Adjustment may adopt, by vote, those findings and reasons officially adopted by the Planning Commission. Copies of the decision will be promptly mailed to the persons participating in the appeal.

Any person participating in the Board of Adjustment appeal hearing will have thirty days to appeal to a higher authority. Any decision not appealed within that period shall be final.

Administrative Procedures For Violation Abatement Of Violation Abatement

The Planning and Zoning staff receives a complaint or observes a violation. Planning staff sends a letter advising the property owner of the situation and gives the property owner a minimum of thirty days to abate the violation. If there is no response a second letter is sent giving a minimum of fifteen days to abate the violation. After the fifteen days, the file is copied and forwarded to the city attorney for processing.

HOMER ADVISORY PLANNING COMMISSION

POLICY FOR REVIEW OF CONDITIONAL USE PERMITS

PURPOSE

The Homer Advisory Planning Commission may grant a conditional use permit subject to the standards provided in the zoning ordinance and in compliance with the Comprehensive Plan, for those uses or structures specified under "Conditional Uses and Structures" of the zoning ordinance for each zoning district. The purpose of review of conditional use permits is to allow by permit a use within a district under conditions which are specified in addition to regulations applying to other uses permitted outright in the district. The review shall be to determine that the characteristics of the use shall be compatible with the type of uses permitted in surrounding areas and for the further purpose of establishing reasonable conditions, pursuant to granting the conditional use permit.

QUALIFICATION STATEMENT

INITIATION/APPLICATION

A request for a conditional use permit may be initiated by the property owner or his/her authorized representative. The permit request must be on the appropriate application form. The application form will be filed with the Planning Director and must include:

1. The name and address of the person seeking the permit,

2. A legal description of the land,

3. A description of the proposed use including a dimensional plot plan,

4. A description of neighboring land use including any necessary maps and diagrams,

5. The appropriate fee, and

6. Any additional information which the Planning Commission or Planning and Zoning official may require to determine if all the conditions will be satisfied.

The permit request will be scheduled for the next Planning Commission meeting provided the application and all additional information is received by the second Monday ~~third~~ ~~Wednesday~~ preceding the Commission meeting.

PLANNING COMMISSION REVIEW

Public Hearing

A public hearing before the Homer Advisory Planning Commission is required before a conditional use permit may be granted.

a. Notice of the public hearing shall be published once ~~at least twice~~ in a paper of general circulation within the City. The notice shall be published ~~during each of the two calendar weeks~~ 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;

3. Date, time and place of the public hearing;

4. Person and place to contact for more detailed information.

c. The rules of order of the body holding the hearing shall prevail.

A copy of the public hearing notice will be mailed to real property owners on record on the borough assessor's records within a 300-foot periphery of the parcel affected by the proposed action.

Review Standards

In reviewing a conditional use permit and prior to granting a conditional use permit, the following conditions must be satisfied:

1. The use is consistent with the purpose of the zoning ordinance and the zoning district.

The purpose of the zoning ordinance is to enhance the public health, safety and welfare by regulating the location of buildings according to use; by regulating the dimensions of buildings, yards, and open spaces; by regulating population density; conserving and stabilizing property values; and preventing undue population concentrations and traffic congestion. The purpose of each of the zoning districts is unique to that district.

2. The value of the adjoining property will not be negatively impacted greater than that from other permitted uses in the district.

Each district has permitted uses and those conditionally permitted. Conditional uses cannot negatively affect the value of adjoining property greater than that anticipated from the permitted uses of the district.

3. The use is in harmony with the comprehensive plan and surrounding land use.

A conditional use permit may not be granted if the proposed use is not in harmony with the Land Use Plan of the Homer Comprehensive Plan and the surrounding land use.

4. Public services and facilities are adequate to service the proposed use.

There is adequate existing water and sewage capacity. Transportation facilities, energy supply, police and fire protection are adequate to serve the proposed use.

5. Consideration may be given to the harmful effect upon desirable neighborhood character, to the generation of traffic and the capacity of surrounding streets and roads and to the harmony in scale, bulk, coverage and density of the proposed use/structure to surrounding land use.

Issuance of a conditional use permit may be subject to such conditions as the Commission may require. The Commission may impose any conditions reasonably necessary to insure the public health, safety and welfare and to meet planning goals as set forth in the Comprehensive Plan.

6. Any of the following specific conditions may be included to fulfill the above-mentioned conditions:

- special yards and space

- fences and walls

- surfacing of parking areas

- street dedications and improvements

- vehicular ingress and egress

- sign provisions

- landscaping and ground maintenance

- lighting, noise, odor, vibration control

- time limitations for certain activities

- time period for development

- limit on total duration of use

- amount of lot covered by structures

- drainage requirements

- State Fire Marshall Approval

- architectural review and approval

- fill & excavation limits

- State building code compliance

- mitigation of impacts on other properties

- viewscape (visual resources)

- compliance inspection

- antennas, aerials, or satellite dishes

- parking

Such conditions will be part of the terms under which the conditional use permit is granted and violations of such terms shall be deemed a violation of this ordinance. Failure to meet any time limitations imposed by the Conditional Use permit shall void the permit. An extension may be granted following a public hearing on the matter. Extensions will be granted for good cause only.

The development of the conditional use project or site, following issuance of the permit, will be in accordance with the conditions of the permit, standards of the zoning regulations and/or the approved site plan. Failure to observe any conditions or standards will be deemed a violation.

Determination

Approval to issue a conditional use permit will require the concurring majority vote plus one of the Commission. The Commission must make general findings of fact sufficient to support its decision. Upon determination, the Commission Chairman will direct the staff to document the decision and the basis for decision. The petitioner will be notified by mail by a copy of the meeting minutes (those portions that apply to the petition) and the decision documentation. The Commission Chairman will alert the petitioner and other interested parties in attendance that an appeal of the Commission's decision is possible and that the appeal must be filed within thirty days of the decision.

BOARD OF ADJUSTMENT

Appeal

If an appeal is to be filed, the appeal must be filed with the City Clerk within thirty days following the meeting at which the determination was made. The appeal must be in writing and must contain:

1. The name and address of the applicant;

2. Description of the determination from which the appeal is sought;

3. The street address and legal description of the property directly affected by the action or determination, and the name and address of property owner(s);

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.

The appeal will be heard by the Board of Adjustment within sixty days of receipt of the appeal.

The Planning Director or City Clerk shall promptly give notice of the cross appeal to the appellant and all other parties who have filed a notice of appearance.

During the hearing, no new evidence may be introduced. Minutes will be taken and preserved for one year unless required for further appeals.

Determination

All decisions will be in writing and shall refer to evidence contained in the record and the controlling sections of the ordinance. An official statement of findings and reasons supporting the decision will be adopted. The Board of Adjustment may adopt, by vote, the findings and reasons officially adopted by the Planning Commission. Copies of the decision will be promptly mailed to the persons participating in the appeal.

Any person participating in the Board of Adjustment appeal hearing will have thirty days to appeal to the Superior Court, any decision not appealed within that period shall be final.

Administrative Procedures For Review Of Conditional Use Permits

Step 1 Questions and requests for conditional use permits will be directed to the Planning and Zoning Department.

Any property owner or authorized representative may initiate the process by requesting a permit by the appropriate form. The form must include:

1. Name and address of applicant;

2. Legal description of the property;

3. Description of the proposed use, including a dimensional plot plan;

4. Description of neighboring land use;

5. Appropriate fee; and

6. Any additional information required to determine if all the conditions will be satisfied.

The appropriate fee must accompany the request. All information must be supplied at the time of application and before the public hearing will be scheduled. Deadline for submitting conditional use permit applications is the second Monday ~~third~~ ~~Wednesday~~ before the Planning Commission meeting.

Step 2 Staff ~~The~~ ~~Planning Technician~~ initiates a file upon receipt of the Conditional Use permit request.

Step 3 After receiving an application, the Planning and Zoning Department will schedule the matter before the Homer Advisory Planning Commission.

Step 4 A public hearing is required. Notice of the hearing must be published in a local newspaper one week ~~each of two weeks~~ prior to the hearing. The notice will contain, at a minimum, a brief description of the proposal, the date, time and place of the hearing, a legal description of the property, and the person to contract for further information. Additional information could include a common description of the property and a description of the proposed conditional use. The deadline for written response to the notification will be 5:00 p.m. the day of the Commission meeting.

Step 5 At the same time the hearing notice is sent to the newspaper, the public hearing notice will be sent to real property owners on record on the Kenai Peninsula Borough assessor's records adjacent to or within 300-feet of the area proposed for the Conditional Use.

Step 6 Staff will ~~A public hearing informational memorandum will be prepared~~ inform~~ing~~ the Commission of the publication ~~dates~~, number of parties of interest contacted, and response from notification.

Step 7 Planning and Zoning staff will research and report to the Planning Commission the status of the following:

1. Purpose of the zoning ordinance and zoning district and whether the use is consistent with the ordinance and district.

2. Whether the proposed use will negatively, impact-surrounding properties greater than other permitted uses in the district.

3. Whether the proposed use is in harmony with the Comprehensive Plan and surrounding land use.

4. If there are existing sewage, water, transportation and energy facilities to service the proposed use.

5. The proposed use is consistent with the character of the neighborhood in relation to scale, bulk, coverage, density, traffic generation, road capacity.

6. Any specific conditions to minimize the impact of the development in relation to the five general conditions specified above. Conditions may include, but are not limited to:

- special yards and spaces

- fences and walls

- surfacing of parking areas

- street dedications and improvements

- vehicular ingress and egress

- sign provisions

- landscaping and ground maintenance

- lighting, noise, odor, vibration control

- time limitations for certain activities

- time period for development

- limit on total duration of use

- amount of lot covered by structures

- drainage requirements

- State Fire Marshall Approval

- architectural review and approval

- fill & excavation limits

- State building code compliance

- mitigation of impacts on other properties

- viewscape (visual resources)

- compliance inspection

- antennas, aerials, or satellite dishes

- parking

7. Analysis and recommendation.

Step 8 Upon determination by the Planning Commission, the staff will document the decision and basis for decision.

Step 9 The decision and pertinent meeting minutes will be sent to the petitioner when minutes are in final draft and a copy filed in the case file.

An appeal from decision of the Planning Commission regarding an application for a Conditional Use will be brought before the Board of Adjustment in accordance with Section 21.68. The City Clerk will process all appeals.

HOMER ADVISORY PLANNING COMMISSION

POLICY FOR REVIEW OF UNLISTED USES

PURPOSE

The purpose of review of unlisted uses by the Planning Commission is to consider the impact of a use or structure, one not specifically mentioned in the zoning ordinance, on other uses and structures permitted outright in the district and the compatibility of the use or structure with the purpose of the zoning district, and determine whether the use or structure is permitted in the district.

QUALIFICATION STATEMENT

Nothing in this document should be considered in lieu of any applicable laws and procedures found in the Alaska State Statutes, the Kenai Peninsula Borough Code of Ordinances, where applicable, or the Homer City Code.

INITIATION/APPLICATION

Any person can initiate a review on an unlisted use. The request for a review is to be submitted to the Planning Commission and must include:

1. The name and address of the person seeking the review,

2. A legal description of the land,

3. The zoning district and purpose of the district,

4. The proposed use; and

5. An assessment of the impact of the use or structure on other uses or structures permitted outright in the district.

The petition will be scheduled for the next Planning Commission meeting provided the letter is received by the Monday of the week preceding the meeting.

PLANNING COMMISSION REVIEW

Public Hearing:

No public hearing is required.

Review Standards:

In reviewing an unlisted use, the following conditions must be met:

1. The use is not specifically permitted in any other district;

2. The use is not more appropriate in another district;

3. The use is consistent with the purpose of the district and similar to other uses permitted outright.

Determination

If all the review conditions are met, the Planning Commission will determine whether the use is permitted, or conditionally permitted, in a district. Upon determination, the Commission Chairman will direct the staff to document the decision and the basis for decision. The petitioner will be notified by mail with a copy of the meeting minutes (those portions that relate to the petition) and the decision documentation. The Commission Chairman will alert the petitioner and other interested parties in attendance that an appeal of the Commission's decision is possible and that the appeal must be filed within thirty days of the decision.

If an unlisted use is added to the permitted or conditional uses of a district, the zoning ordinance will be amended to show the addition.

BOARD OF ADJUSTMENT

Appeal

If an appeal is to be filed, the appeal must be filed with the City Clerk within thirty days following the meeting at which the determination was made. The appeal must be in writing and must contain:

1. The name and address of the applicant,

2. A description of the action or determination from which the appeal is sought;

3. The street address and legal description of the property directly affected by the action or determination, and the name and address of property owner(s);

4. Detailed and specific allegations of error, including reference to applicable provisions of the zoning code or other law; and

5. A statement of whether the action or determination should be reversed, modified, or remanded for further proceedings, or any other desired relief.

The appeal will be heard by the Board of Adjustment within sixty days of receipt of the appeal.

The Planning Director or City Clerk shall promptly give notice of the cross appeal to the appellant and all other parties who have filed a notice of appearance.

During the hearing, no new evidence may be introduced. Minutes will be taken and preserved for one year unless required for further appeals.

Determination

Any person participating in the Board of Adjustment appeal hearing will have thirty days to appeal to Superior Court. Any decision not appealed within that period shall be final.

Administrative Procedures For Review Of Unlisted Uses

Step 1 Questions on clarifications of unlisted uses will be directed to the Department of Planning and Zoning.

If the petitioner wishes the Planning Commission to review a proposed unlisted use, he/she should direct a letter to the Planning Commission.

The letter must include:

1. Name and address of petitioner;

2. Legal description of land;

3. Zoning district;

4. Proposed Use; and

5. Impact of use on other uses and structures permitted in the district.

Step 2 Letters must be received by the Monday of the week preceding the Commission meeting in order to be included on the agenda.

Upon receipt of the letter, staff ~~the~~ ~~Planning Technician~~ will schedule the matter before the Planning Commission.

Step 3 A memorandum from the Planning and Zoning staff finding the following is necessary:

1. That the use is not permitted in any other district;

2. The use is not more appropriate in another district; and

3. The use is consistent with the purpose of the district and similar uses are permitted outright.

Step 4 Upon determination by the Planning Commission, the Commission Chairman will direct staff to document the decision and basis for decision.

Step 5 A copy of the decision and the appropriate section of the minutes from the meeting will be sent to the petitioner and a copy filed in the case file.

Step 6 If the Planning Commission adds the use to a district, a zoning amendment will be made to the ordinance. The amendment can be added when it is an appropriate time to amend the ordinance.

An appeal from a decision of the Planning Commission regarding an unlisted use will be brought before the Board of Adjustment in accordance with Section 21.68. The City Clerk will process all appeals.

HOMER ADVISORY PLANNING COMMISSION

POLICY FOR REVIEW OF ZONING VARIANCES

PURPOSE

The Homer Advisory Planning Commission may grant a variance to provide relief when a literal enforcement of the regulations and standards of the zoning ordinance, Chapter 21, would deprive a property owner of the reasonable use of his real property.

The purpose of review is to ascertain that those conditions specified as necessary to granting a variance shall be satisfied; that the variance will be the minimum necessary to permit the reasonable use of land or structure, and that the variance will not be granted which will permit a land use in a district in which that use is otherwise prohibited.

QUALIFICATION STATEMENT

INITIATION/APPLICATION

A request for a variance may be initiated by the property owner or his/her authorized representative. The request must be on the appropriate application form. The application form will be filed with the Planning and Zoning Director and must include:

1. The name and address of the person seeking the variance;

2. A legal description of the land;

3. A description of the proposed use including a dimensional plot plan;

4. A description of neighboring land use including any necessary maps and diagrams;

5. The appropriate fee;

6. A precise description of the variance requested, including the section, paragraph and sentence of the zoning ordinance and the relief sought;

7. A written item by item response to all of the conditions specified as satisfied prior to granting a variance; and

8. Any additional information the Planning Commission or Planning and Zoning staff may require to determine if all the conditions will be satisfied.

The variance request will be scheduled for the next Planning Commission meeting provided the application is received by the third Wednesday preceding the meeting.

PLANNING COMMISSION REVIEW

Public Hearing

A public hearing before the Homer Advisory Planning Commission is required before a variance may be granted.

a. Notice of the public hearing shall be published once ~~at least twice~~ in a paper of general circulation within the City. The notice shall be published one week ~~during each of the two calendar weeks~~ 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;

3. Date, time and place of the public hearing;

4. Person and place to contact for more detailed information.

c. The rules of order of the body holding the hearing shall prevail.

A copy of the public hearing notice will be mailed to real property owners on record on the Kenai Peninsula Borough assessor's records within a 300-foot periphery of the parcel affected by the proposed action.

Review Standards

In reviewing a variance request and prior to granting a variance, the following conditions must be satisfied:

1. A strict interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the district;

2. Special conditions and circumstances exist which are peculiar to the land or structures and which are not applicable to other lands and structures in the district;

3. The special conditions and circumstances have not been caused by actions of the applicant.

In addition, the following conditions will apply;

1. Pecuniary hardship is not sufficient reason;

2. Other nonconforming land use or structures within the district is not considered grounds;

3. The variance is the minimum necessary to permit reasonable use of the land or structure;

4. The variance cannot be granted to permit a land use in a district in which that use is otherwise prohibited.

Determination

Approval to issue a variance will require the concurring majority vote plus one of the Commission. The Commission must make general findings of fact sufficient to support its decision. Upon determination, the Commission Chairman will direct the staff to document the decision and the basis for decision. The petitioner will be notified by mail with a copy of the meeting minutes (those portions that apply to the petition) and the decision documentation. Commission Chairman will alert the petitioner and other interested parties in attendance that an appeal of the Commission's decision is possible and that the appeal must be filed within thirty days of the decision.

BOARD OF ADJUSTMENT

Appeal

If an appeal is to be filed, the appeal must be filed with the City Clerk within thirty days following the meeting at which the determination was made. The appeal must be in writing and must contain:

1. The name and address of the applicant;

2. Description of the determination from which the appeal is sought;

3. The street address and legal description of the property directly affected by the action or determination, and the name and address of property owner(s);

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.

The appeal will be heard by the Board of Adjustment within sixty days of receipt of the appeal.

The Planning Director or City Clerk shall promptly give notice of the cross appeal to the appellant and all other parties who have filed a notice of appearance.

During the hearing, no new evidence may be introduced. Minutes will be taken and preserved for one year unless required for further appeals.

Determination

Any person participating in the Board of Adjustment appeal hearing will have thirty days to appeal to Superior Court. Any decision not appealed within that period shall be final.

Administrative Procedure For Review Of Variances

Step 1 Questions and requests for variances and applications will be directed to the Department of Planning and Zoning.

Any property owner or authorized representative may initiate the process by requesting a variance by the appropriate form. The form must include:

1. Name and address of applicant;

2. Legal description of the property;

3. Description of the proposed use, including a dimensional plot plan;

4. Precise description of variance requested, including the section, paragraph and sentence of the zoning ordinance and the relief sought;

5. Written item-by-item response to the conditions as satisfied precedent to granting a variance; and

6. Any additional information required to determine if all the conditions will be satisfied.

The appropriate fee must accompany the request. All information must be supplied at the time of application and before the public hearing will be scheduled.

Deadline for submitting a variance application is the second Monday ~~third Wednesday~~ before the Planning Commission meeting.

Step 2 The staff ~~Planning Technician~~ initiates a file upon receipt of the variance request.

Step 3 After receiving an application, the Planning and Zoning Department staff will schedule the matter before the Homer Advisory Planning Commission.

Step 4 A public hearing is required.

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;

3. Date, time and place of the public hearing;

4. Person and place to contact for more detailed information.

c. The rules of order of the body holding the hearing shall prevail.

d. Additional information could include a common description of the property and a description of the proposed variance. The deadline for written response to the notification will be the Thursday before the commission meeting.

Step 7 Planning and Zoning staff will research and report to the Planning Commission the status of the following:

1. A strict interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the district;

2. Special conditions and circumstances exist which are peculiar to the land or structures, and which are not applicable to other lands and structures in the district, and that these special conditions do not result from actions of the applicant;

3. Pecuniary hardship is not sufficient reason;

4. Other nonconforming land use or structures within the district is not considered grounds;

5. The variance is the minimum necessary to permit reasonable use of the land or structure; and

6. The variance cannot be granted to permit a land use in a district in which that use is otherwise prohibited.

Step 8 Upon determination by the Planning Commission, the staff will document the decision and basis for decision.

Step 9 The decision and pertinent meeting minutes will be sent to the petitioner when minutes are in final draft and a copy filed in the case file.

An appeal from a decision of the Planning Commission regarding an application for a variance will be brought before the Board of Adjustment in accordance with Section 21.68. The City Clerk will process all appeals.

~~HOMER ADVISORY PLANNING COMMISSION~~

~~POLICY FOR REVIEW OF CONTRACT REZONE~~

~~Purpose~~

The Homer Advisory Planning Commission may grant a contract rezone subject to the standards provided in the zoning ordinance and in compliance with the Comprehensive Plan. The purpose of contract rezoning is to reclassify land to a less restricted use when the owner of the property either through an agreement with the City Council or a covenant in favor of the City, places restrictions on the use of the land beyond the zoning requirements of the new district in which the property is placed. The Homer Advisory Planning Commission will review the proposed use to determine that the use is compatible with adjacent districts and that the rezoning does not constitute "spot zoning." After the review and findings, the Homer Advisory Planning Commission will initiate the zoning ordinance amendment procedure, if appropriate. Contract rezoning is a mechanism to insure that the type of land use proposed in a rezoning request is the one, which will occur if the rezone is granted. Under contract rezoning, the developer and the City agree to abide by certain conditions.

~~QUALIFICATION STATEMENT~~

~~INITIATION/APPLICATION~~

~~A petition for contract rezoning shall be submitted to the Planning and Zoning Director. The petition shall include the following:~~

~~1 . The name of the applicant, address, and legal description of the property;~~

~~2. Detailed information on the proposed development;~~

~~3. Proposed covenants, guarantees, or other form of agreement to assure the development and use of the land as proposed; and~~

~~4. The appropriate fee.~~

The permit request will be scheduled for the next Planning Commission meeting provided the application and all additional information is received by the third Wednesday preceding the Commission meeting.

~~All costs for monitoring a contract rezone will be borne by the owner of the property being rezoned.~~

~~PLANNING COMMISSION REVIEW~~

~~Review Standards~~

~~In reviewing a contract rezone petition, and prior to initiating the ordinance amendment procedures of the Homer Zoning Ordinance (Chapter 21.70), the Planning Commission must find:~~

~~1. The proposed land use can be developed in a manner to be compatible with development in adjacent zoning districts;~~

~~2. Existing public facilities, services and utilities can accommodate the proposed use without any detrimental effect to adjacent zoning districts;~~

~~3. Rezoning accomplished under this section does not constitute "spot zoning";~~

~~4. Rezoning to a district allowing the proposed use would permit other uses, which would not be compatible with the adjacent land use.~~

The Homer Advisory Planning Commission may reject, modify, or accept the applicant's proposal. The applicant may appeal the Planning Commission's decision. If the applicant agrees in writing to the Planning Commission's action, the Commission will initiate the ordinance amendment procedure. Action taken by the Commission shall not be construed to limit the Commission's authority to reject or modify the applicant's proposal during the zoning ordinance amendment process.

BOARD OF ADJUSTMENT

~~Appeal~~

If an appeal is to be filed, the appeal must be filed with the City Clerk within thirty days following the meeting at which the determination was made. The appeal determination must be in writing and must contain:

~~1. The name and address of the applicant;~~

~~2. Description of the determination from which the appeal is sought;~~

~~3. The street address and legal description of the property directly affected by the action or determination, and the name and address of property owner(s);~~

~~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.~~

~~The appeal will be heard by the Board of Adjustment within sixty days of receipt of the appeal.~~

~~The Planning Director or 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 receipt of the notice of appeal.~~

~~The Planning Director or City Clerk shall promptly give notice of the cross appeal to the appellant and all other parties who have filed a notice of appearance.~~

~~During the hearing, no new evidence may be introduced. Minutes will be taken and preserved for one year unless required for further appeals.~~

~~Determination~~

All decisions will be in writing and shall refer to evidence contained in the record and the controlling sections of the ordinance. An official statement of findings and reasons supporting the decision will be adopted. The Board of Adjustment may adopt by vote those findings and reasons officially adopted by the Planning Commission. Copies of the decision will be promptly mailed to the persons participating in the appeal.

~~Any person participating in the Board of Adjustment appeal hearing will have thirty days to appeal to Superior Court. Any decision not appealed within that period shall be final.~~

~~INITIATION/APPLICATION~~

~~Amendments to the zoning ordinance may be initiated by the City Council, Homer Advisory Planning Commission, or any persons subject to the following:~~

~~a. For a zoning ordinance amendment, a petition bearing the signatures of 50 voters registered in the city limits;~~

~~b. For a zoning map amendment, a request from the majority of the property owners in the area concerned.~~

~~For a contract rezone, the Homer Advisory Planning Commission will initiate the ordinance amendment procedure. The amendment request will be filed with the City Manager and must include:~~

~~1. The name and address of the applicant(s);~~

~~2. A map showing the area involved (include legal description for clarification);~~

~~3. The present zoning and proposed zoning; and~~

~~4. Any other pertinent information, which the Planning Commission or Planning and Zoning staff may require.~~

The amendment request will be scheduled for the next Planning Commission meeting provided the request and all additional information is received by the third Wednesday preceding the Commission meeting.

~~PLANNING COMMISSION REVIEW~~

~~Public Hearing~~

~~A public hearing before the Homer Advisory Planning Commission is required.~~

a. Notice of the public hearing shall be published at least twice in a paper of general circulation within the City. The notice shall be published during each of the two calendar weeks 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;~~

~~3. Date, time and place of the public hearing;~~

~~4. Person and place to contact for more detailed information.~~

~~c. The rules of order of the body holding the hearing shall prevail.~~

A copy of the public hearing notice will be mailed to real property owners on record on the Borough assessor's records within a 300-foot periphery of the parcel affected by the proposed action. In the case of a zoning ordinance amendment or major district boundary change, no notification of neighboring property owners will be required, but notices will be posted in at least three public places.

~~Review Standards~~

~~The Planning Commission will generally review the zoning amendment to determine:~~

~~1. The public need and justification for the proposed change;~~

~~2. The public health, safety and welfare;~~

~~3. The effect of the change on the district and surrounding property; and~~

~~4. The relationship to the comprehensive development plan and purposes of the zoning regulations.~~

~~Determination~~

The Commission will make general findings and send its written recommendations to the City Council along with copies of the minutes and public records relating to the proposed amendment. Such recommendations of the Planning Commission shall be advisory only and shall not be binding on the City Council.

~~CITY COUNCIL REVIEW~~

When a zoning amendment ordinance has been forwarded to the City Council, the City Council will act in accordance with ordinance enactment procedures as provided by Chapter 1.08 of the Homer City Code.

~~Introduction of the ordinance will be considered first reading. An affirmative majority vote of the Council is needed to schedule a public hearing.~~

~~City Council Public Hearing~~

~~A public hearing before the City Council is required.~~

~~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;~~

~~3. Date, time and place of the public hearing;~~

~~4. Person and place to contact for more detailed information.~~

~~c. The rules of order of the body holding the hearing shall prevail.~~

~~City Council Determination~~

~~At the public hearing, the City Council will hear all interested parties wishing to be heard.~~

After the hearing, the City Council will consider the amendment on second reading, and may or may not, adopt it, with or without amendments. Second reading may occur at the same meeting of the hearing, however, it must occur no later than the next regular Council meeting. Ordinances take effect at 12:01 a.m. on the day immediately following passage, or as otherwise specified in the ordinance.

~~Appeal~~

~~An appeal from an action or determination of' the Board of Adjustment is heard by the Superior Court.~~

Administrative Procedures For Review Of Contract Rezoning

~~Step 1 Questions concerning contract rezoning will be directed to the Planning and Zoning Department.~~

~~Step 2 Planning and Zoning staff will work with the interested applicant to prepare an acceptable draft proposal.~~

Step 3 A petition for contract rezone will be submitted to the City Manager, who will forward the matter to the Planning and Zoning Department. Planning and Zoning will review the application for completeness and schedule the petition for Planning Commission review.

~~The petition request must contain the following:~~

~~1. Name, address and legal description of the property;~~

~~2. Detailed information on the proposed development;~~

~~3. Proposed covenants, guarantees, or other forms of agreement to assure the development and use of the land as proposed, and~~

~~4. Appropriate fee.~~

~~The permit request will be scheduled for the next Commission meeting provided all the materials are submitted by the Monday of the week preceding the Commission meeting.~~

~~Step 4 The Planning Technician will initiate a file upon receipt of the request.~~

~~Step 5 Planning and Zoning staff will research and report to the Planning Commission the status of the following:~~

~~1. The proposed use can be developed in a manner compatible with development in adjacent districts;~~

~~2. Existing public facilities, services and utilities are adequate;~~

~~3. The rezoning does not constitute "spot zoning"; and~~

~~4. The rezoning to a district allowing the proposed use would allow other uses, which would be incompatible with the adjacent land use.~~

Step 6 Upon action on the application by the Planning Commission, the applicant will agree in writing to the terms, and the Planning Commission will initiate the zoning ordinance amendment procedure.

Step 7 A public hearing is required. Notice of the hearing must be published in the local newspaper each of two weeks prior to the hearing. The notice will contain, at a minimum, a brief description of the proposal, the date, time and place of the hearing, a legal description of the property, and the person to contact for further information. The deadline for written response to the notification will be 5:00 p.m. the day of the Commission meeting.

Step 8 At the same time the hearing notice is sent to the newspaper, the public hearing notice will be sent to real property owners on record on the borough assessor's records adjacent to or within 300-feet of the area proposed for rezoning.

~~Step 9 Public hearing informational memorandum will be prepared informing the Commission of the publication dates, number of parties of interest contacted, and response from notification.~~

~~Step 10 Planning and Zoning Staff will prepare a memorandum detailing the facts and reviewing the request.~~

~~Step 11 After the public hearing and recommendation of the Planning Commission, staff will forward the minutes to the Council.~~

~~Step 12 The City Clerk assumes the procedural steps as outlined in Chapter 1.08 of the Homer City Code. The proposed ordinance is scheduled.~~

~~Step 13 Introduction of the ordinance will be considered first reading. A majority vote of the Council is needed to set the public hearing.~~

~~Step 14 Summary of the ordinance and the proposed amendment must be published, with a notice of time and date of the hearing, at least five days prior to the hearing.~~

~~Step 15 Copies of the ordinance and proposed amendments must be posted in three places, and filed in the Clerk's office.~~

Step 16 After the public hearing, the Council will consider the ordinance on second reading and adopt it, with or without amendment. Second reading may occur at the same meeting of the public hearing; however, it must occur no later than the first regular Council meeting following the public hearing.

~~Step 17 If an appeal from the Board of Adjustment is sought; the Superior Court hears the appeal.~~

~~Step 1 8 Appeals must be filed within thirty days of the action or determination being appealed to a higher agency.~~

~~Step 19 Amendments that are substantially the same as other proposed amendments that were defeated within the previous nine months will not be considered.~~

HOMER ADVISORY PLANNING COMMISSION

POLICY FOR REVIEW OF NONCONFORMITY

PURPOSE

The Homer Advisory Planning Commission shall review and determine the nonconformity of certain lots, structures and uses. The purposes of review is to establish the commencement date of use, establish the effective date of applicable regulations, formally accept the nonconformity ~~until such time as the use ceases for one year~~; and/or establish a reasonable schedule for termination of a nonconforming lot/structure/use which significantly impairs the public health, safety and general welfare.

QUALIFICATION STATEMENT

INITIATION/APPLICATION

Any person can initiate the review of nonconforming lots/structures/uses. The request will be submitted to the Planning and Zoning Department. The letter should include:

1. The name and address of the person seeking the determination;

2. A legal description of the land in question;

3. A brief history of the situation; and

4. Any additional information, which the Planning Commission or Planning and Zoning staff may require.

The request will be scheduled for the next Planning Commission meeting provided the letter is received by the Monday ~~third Wednesday~~ preceding the meeting at 5:00 p.m..

If the determination must be made as the result of a zoning violation appeal, the determination will be scheduled for the next Planning Commission meeting. (See Appeal procedure under Zoning Violations.)

PLANNING COMMISSION REVIEW

Public Hearing

No public hearing is required on a determination unless the determination is the result of a zoning violation appeal. (See Appeal procedure under Zoning Violations.)

Review Standards

Prior to determining the nonconformity of a lot/use/structure, the Planning Commission will determine:

1. The commencement date of use;

2. The effective date of applicable regulations.

Within the zoning district established by the zoning ordinance (and in the previous zoning districts established by previous zoning ordinances), there may exist lots, uses, or structures which were legal before the effective date of the controlling regulation, but which are now prohibited under the terms of the existing ordinance. These lots/uses/structures are considered nonconformities and may be continued, but may not be expanded beyond the lot boundaries. When any lot, structure, use, or occupancy legally exists prior to September 28, 1982, but does not meet the requirements of the zoning ordinance, it will be considered nonconforming.

Nonconforming uses are considered to be incompatible with permitted uses in the districts involved. Nonconformity’s are permitted to continue but shall not be encouraged to expand. Nonconformity’s will not be allowed to extend beyond the legal lot limits and will not be considered as grounds for adding other structures or uses prohibited elsewhere in the same district.

To avoid undue hardships, actual construction or construction plans lawfully begun prior to the effective date of the zoning ordinance (September 28, 1982) will be allowed to continue provided the work will be carried on diligently. Actual construction is defined as the placement of materials in a permanent position and fastened to produce a product. Construction plans are defined as securing a Zoning ~~building~~ permit. Zoning ~~Building~~ permits may be renewed for one year.

It shall be the responsibility of the owner to show proof of continuing nonconformity of any property, use or structure.

Nonconforming Lots of Record

When any lot legally exists prior to September 28, 1982, but does not meet the district and/or ordinance requirements, it shall be considered nonconforming. Nonconforming lots may be developed provided they comply with all other provisions of the zoning district and ordinance.

Legally existing lots are those lots:

1. Of record on May 2, 1967 containing at least 6,750 square feet in the residential district.

2. Of record on May 16, 1978 containing at least 6,000 square feet.

No lot of less than 6,000 square feet may be used except in compliance with all provisions of the zoning ordinance.

A reasonable schedule for the termination of a nonconforming lot which significantly impairs the public health, safety and general welfare will be established by amendment to the zoning ordinance. (See Zoning Amendment procedure.)

Nonconforming Uses of Land/Structures

When a lawful structure exists prior to September 28, 1982, but does not meet the district or ordinance requirements, it shall be considered nonconforming. Nonconforming structures may be continued and/or expanded only on the legal lot.

Legally existing structures are those that:

1. Exist prior to effective date of Ordinance 4-300-2 (Interim Zoning Ordinance) dated June 13, 1966.

2. Exist prior to effective date of Ordinance No. 33 (Kenai Peninsula Borough) dated May 2, 1967 and are in compliance with Ordinance 4-300-2.

3. Exist prior to effective date of' Ordinance 78-13 (Kenai Peninsula Borough) dated May 16, 1978 and are in compliance with Kenai Peninsula Borough Ordinance No. 33 and Homer Ordinance 4-300-2.

4. Exist prior to effective date of Ordinance 82-15 (Homer Zoning Ordinance) dated September 28, 1982 and are in compliance with previous zoning ordinance requirements.

Once a structure made nonconforming by this title is abandoned or brought into conformity with this title, the structure shall thereafter conform to the regulations of the zone in which it is located, and the nonconformity shall not be allowed to continue.

The lawful use may continue so long as it remains lawful. It may expand but only on the legal lot as September 28, 1982. ~~If the use is changed or discontinued, or the structure not used for the specific use, for more than one year, it shall not be re-permitted.~~ Once a use made nonconforming by this title is abandoned, changed, discontinued, or ceases to be the primary use of a lot, the use of that lot shall thereafter conform to the regulations of the zone which the lot is located, and the nonconformity shall not thereafter be resumed or allowed to continue.

It shall be the responsibility of the property owner to demonstrate proof of nonconformity to the Homer Advisory Planning Commission.

A reasonable schedule for the termination of a nonconforming land/structure which specifically impairs the public health, safety and general welfare will be established by amendment to the zoning ordinance. (See Zoning Amendment procedure.)

~~Nonconforming Uses of Structures~~

When a lawful structure exists prior to September 28,1982, but does not meet the district or ordinance requirements, it shall be considered nonconforming. Nonconforming structures can be continued and/or expanded only on the legal lot.

~~Legally existing structures are those that:~~

~~1. Exist prior to effective date of Ordinance 4-300-2 (Interim Zoning Ordinance) dated June 13, 1966.~~

~~2. Exist prior to effective date of Ordinance No. 33 (Kenai Peninsula Borough) dated May 2, 1967 and are in compliance with Ordinance 4-300-2.~~

~~3 . Exist prior to effective date of Ordinance 78-13 (Kenai Peninsula Borough Code) dated May 16, 1978 and are in compliance with Ordinance 4-300-2 and Ordinance No. 33.~~

~~4. Exist prior to effective date of Ordinance 82-15 (Homer Zoning Ordinance) dated September 28, 1982 and are in compliance with previous zoning ordinances.~~

The lawful structure may continue so long as it remains lawful. It may be expanded and/or altered. If the structure is not used for the specific use for more than one year, it shall not be re-permitted.

~~It shall be the responsibility of the property owner to demonstrate proof of continuing nonconformity.~~

If the public health, safety or general welfare is significantly impaired, the Planning Commission can establish by amendment to the zoning ordinance a reasonable schedule for the termination of a nonconforming structure.

Determination

Upon presentation of such proof that establishes the continuing nonconformity of any lot/use/structure, the Homer Advisory Planning Commission shall formally accept the nonconformity, as a valid use/lot/structure on the legal lot until such time as the use ceases ~~for one year~~. Upon determination by the Planning Commission, the Commission Chairman will direct the staff to document the decision and basis for decision. The petitioner will be notified by mail by a copy of the meeting minutes (those portions that relate to the matter) and the decision documentation. The Commission Chairman will alert the petitioner and other interested parties that an appeal of the Commission's decision is possible and the appeal must be filed within thirty days of the decision.

BOARD OF ADJUSTMENT

Appeal

If an appeal is to be filed, the appeal must be filed with the City Clerk within thirty days following the meeting at which the determination was made.

The appeal must be in writing and must contain:

1. The name and address of the applicant;

2. Description of the determination from which the appeal is sought;

3. The street address and legal description of the property directly affected by the action or determination, and the name and address of property owner(s);

4. Detailed and specific allegations of error, including reference to applicable provisions of the zoning code or other law; and

5. A statement of whether the action or determination should be reversed, modified, or remanded for further proceedings, or any other desired relief.

The appeal will be heard by the Board of Adjustment within sixty days of receipt of the appeal.

The Planning Director or City Clerk shall promptly give notice of the cross appeal to the appellant and all other parties who have filed a notice of appearance.

During the hearing, no new evidence may be introduced. Minutes will be taken and preserved for one year unless required for further appeals.

Determination

Any person participating in the Board of Adjustment appeal hearing will have thirty days to appeal to higher authority. Any decision not appealed within that period shall be final.

Administrative Procedures For Review Of Nonconformity

Step 1 Questions on nonconforming lots/uses/structures will be directed to the Planning and Zoning Department.

If the petitioner requests a review by the Planning Commission, a letter directed to the Planning Commission must include:

1. Name and address of the person seeking the determination;

2. A legal description of the land in question;

3. A brief history of the circumstances; and

4. Any additional information, which the Planning Commission or Planning and Zoning staff may require.

It is the responsibility of the property owner to demonstrate proof of continuing nonconformity. If the review is the result of a zoning violation notification, the petitioner has fifteen days to appeal the decision by indicating to Planning and Zoning staff an intention to pursue the review.

Step 2 Letters must be received by the Monday of the week preceding the Commission meeting in order to be included on the agenda, unless the review is the result of a zoning violation notification. (See Zoning Violations)

Step 3 A memorandum from the Planning Director finding the following is necessary:

1. The commencement date of use and supporting documentation;

2. The effective date of applicable regulations; and

3. Recommendation to abate the nonconformity with a reasonable time schedule or acceptance of the nonconformity.

Step 4 Upon determination by the Planning Commission, the Commission Chairman will direct staff to document the decision and basis for decision.

Step 5 A copy of the decision and the appropriate section of the minutes from the meeting will be sent to the petitioner and a copy filed in the case file.

An appeal from a decision of the Planning Commission will be brought before the Homer City Council in accordance with Section 21.68. The appeal must be filed within thirty days of the decision. The City Clerk will process all appeals.

HOMER ADVISORY PLANNING COMMISSION

POLICY FOR ZONING ORDINANCE AMENDMENT

PURPOSE

The Homer Advisory Planning Commission will review all proposals to amend the zoning ordinance or zoning map and make recommendations to the City Council. Neither the Planning Commission nor City Council may consider a zoning map amendment that establishes a new zone within an area of less than one acre, excluding streets and rights-of-way, except for the extension of existing district boundaries. Neither the Planning Commission nor City Council may consider a zoning ordinance request which is substantially the same as any other amendment submitted within the previous nine months and which was rejected.

QUALIFICATION STATEMENT

INITIATION/APPLICATION

Amendments to the zoning ordinance may be initiated by the City Council, Homer Advisory Planning Commission, or any persons, subject to the following:

a. For a zoning ordinance amendment, a petition bearing the signatures of 50 voters registered in the city limits;

b. For a zoning map amendment, a request from the majority of the property owners in the area concerned.

The amendment request will be filed with the Planning Director and must include:

1. The name and address of the applicant(s);

2. A map showing the area involved (include legal description for clarification);

3. The present zoning and proposed zoning;

4. The appropriate fee; and

5. Any other pertinent information, which the Planning Commission or Planning and Zoning staff may require.

The amendment request will be scheduled for the next Planning Commission meeting provided the request and all additional information is received by the second Monday ~~third~~ ~~Wednesday~~ preceding the Commission meeting.

PLANNING COMMISSION REVIEW

Public Hearing

A public hearing before the Homer Advisory Planning Commission is required:

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;

3. Date, time and place of the public hearing;

4. Person and place to contact for more detailed information.

c. The rules of order of the body holding the hearing shall prevail.

A copy of the public hearing notice will be mailed to real property owners on record on the borough assessor's records within a 300-foot periphery of the parcel affected by the proposed action. In the case of a zoning ordinance amendment or major district boundary change, no notification of neighboring property will be required, but notices will be posted in at least three public places.

Review Standards

The Planning Commission will generally review the zoning amendment to determine:

1. The public need and justification for the proposed change;

2. The effect on the public health, safety and welfare;

3. The effect of the change on the district and surrounding property; and

4. The relationship to the Comprehensive Plan and purposes of the zoning regulations.

Determination

The Commission will make general findings and send its written recommendations to the City Council along with certified copies of the minutes and public records relating to the proposed amendment. Such recommendations of the Planning Commission shall be advisory only and shall not be binding on the City Council.

CITY COUNCIL REVIEW

When a zoning amendment ordinance has been forwarded to the City Council, the City Council will act in accordance with ordinance enactment procedures as provided in Chapter 1.08 of the Homer City Code.

Introduction of the ordinance will be considered first reading. An affirmative majority vote of the Council is needed to schedule a public Hearing.

City Council Public Hearing

A public hearing before the City Council is required.

a. Notice of the public hearing shall be once ~~published at least twice~~ in a paper of general circulation within the City. The notice shall be published one week ~~during each of the two calendar weeks~~ 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;

3. Date, time and place of the public hearing;

4. Person and place to contact for more detailed information.

c. The rules of order of the body holding the hearing shall prevail.

City Council Determination

At the public hearing, the City Council will hear all interested parties wishing to be heard. After the hearing, the City Council will consider the amendment on second reading, and may or may not adopt it, with or without amendments. Second reading may occur at the same meeting of the hearing, however, it must occur no later than the next regular Council meeting. Ordinances take effect at 12:01 a.m. on the day immediately following passage or as otherwise specified in the ordinance.

Appeal

An appeal from an action or determination of the Homer City Council is heard by the Superior Court.

Administrative Procedures For Review Of Zoning Ordinance Amendments

Step 1 Questions and requests for amendments to the zoning ordinance will be directed to the Planning and Zoning Department.

Amendments may be initiated by:

1. Homer City Council;

2. Homer Advisory Planning Commission;

3. Majority of property owners in the area of a zoning map amendment; or

4. Petition signed by 50 voters registered in the city for an ordinance text change.

The amendment request must include:

1. Name and address of the applicant(s);

2. Map showing the area involved (include legal description for clarification);

3. Present zoning and proposed zoning;

4. Appropriate fee; and

5. Any additional information required by the Planning Commission or Planning Director.

The appropriate fee for rezoning must accompany the request.

Amendment requests will be submitted to the City Manager who will forward the request to the Planning Director. All information must be supplied at the time of application and before the public hearing will be scheduled.

Deadline for application is the second Monday ~~third Wednesday~~ preceding the Commission meeting. The City Clerk will verify the registered voters in a petition request.

Step 2 Staff ~~The Planning Technician~~ initiates a file upon receipt of the zoning amendment request.

Step 3 After receiving the application and reviewing for completeness, the Planning and Zoning Department will schedule the matter before the Homer Advisory Planning Commission.

Step 4 A public hearing is required.

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;

3. Date, time and place of the public hearing;

4. Person and place to contact for more detailed information.

c. The rules of order of the body holding the hearing shall prevail.

The deadline for written response to the notification will be 5:00 p.m. the day of the Commission meeting.

Step 5 At the same time the hearing notice is sent to the newspaper, the public hearing notice will be sent to real property owners on record on the borough assessor's records adjacent to or within 300-feet of the area proposed for zoning change. In the case of a zoning ordinance amendment or major district boundary change, no notification of neighboring property owners is required, but notices must be posted in at least three places.

Step 6 A public hearing informational memorandum will be prepared informing the Commission of the publication ~~dates~~, number of parties of interest contacted, and response from notification.

Step 7 Planning and Zoning staff will prepare a memorandum detailing the facts and reviewing the request.

Step 8 After the public hearing and recommendation of the Planning Commission, the Planning and Zoning staff will forward the minutes to the Council.

Step 9 The City Clerk follows the procedural steps as outlined in Chapter 1.08 of the Homer City Code. The proposed ordinance is scheduled before the City Council.

Step 10 Introduction of the ordinance will be considered first reading. A majority vote of the Council is needed to set the public hearing.

Step 11 Summary of the ordinance and the proposed amendment must be published, with a notice of time and date of the hearing, at least five days prior to the hearing.

Step 12 Copies of the ordinance and proposed amendments must be posted in three places and filed in the Clerk's Office.

Step 13 After the public hearing, the Council will consider the ordinance on second reading and adopt it with or without amendments. Second reading may occur at the same meeting of the public hearing; however, it must occur no later than the first regular Council meeting following the public hearing.

Step 14 If an appeal from the Board of Adjustment is sought, the Superior Court hears the Appeal.

Step 15 Appeals must be filed within thirty days of the action or determination being appealed to a higher agency or court.

Step 16 Amendments that are substantially the same as other proposed amendments that were defeated within the previous nine months will not be considered.

HOMER ADVISORY PLANNING COMMISSION

POLICY FOR REVIEW OF APPEALS

PURPOSE

The purpose of review of appeals before the Homer Advisory Planning Commission is to ascertain that errors of fact or interpretation have not been made pertaining to zoning matters. The purpose of review of appeals before the Board of Adjustment is to ascertain that errors of decision have not been made pertaining to zoning matters.

QUALIFICATION STATEMENT

INITIATION/APPLICATION

Any person or persons with interest in land that is affected by an action or determination of a zoning matter may appeal said action or determination. The appeal from an administrative action must be filed with the City Manager; the appeal from a Planning Commission action or determination must be filed with the City Clerk. The appeal must be filed within fifteen days of the action or determination, unless the appeal is to the Superior Court, appeals to the Superior Court must be filed within thirty days. Any decision not appealed within that period shall become final. All appeals shall be in writing and must include:

1. Name and address of the appellant;

2. Description of the action or determination from which the appeal is sought; and

3. Reason for the appeal, which must include a description of detailed and specific allegations of error.

The appeal hearing before the Planning Commission will be scheduled for the next meeting provided the appeal application is received by the third Friday preceding the meeting. All appeals must be decided by the agency hearing the appeal within sixty days after the appeal has been filed with the agency.

PLANNING COMMISSION REVIEW

Public Hearing

A public hearing before the Homer Advisory Planning Commission is required.

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;

3. Date, time and place of the public hearing;

4. Person and place to contact for more detailed information.

c. The rules of order of the body holding the hearing shall prevail.

A copy of the public hearing notice will be mailed to real property owners on record of the borough assessor's records within a 300-foot periphery of the parcel affected by the proposed action.

The appellant and all parties participating in the decision will be provided with fifteen days notice of the appeal hearing.

Review Standards

In reviewing an appeal request, the Planning Commission will consider:

1. Documentation of evidence;

2. Record; and

3. Controlling sections of Chapter 21.28 through 21.70 Homer City Code.

Determination

All decisions will be in writing. The officially adopted minutes shall be made part of the decision. A specific statement of findings and reasons supporting the decision shall be made. The Commission may adopt as its statement of findings and reasons, those findings and reasons adopted by the agency below from which the appeal is taken. Copies of the decision will be promptly mailed to the persons participating in the appeal.

BOARD OF ADJUSTMENT

Appeal

If an appeal from an action or determination of the Planning Commission is to be filed, the appeal must be filed within thirty days with the City Clerk following the meeting at which the action or determination was made. The appeal must be in writing, and must include:

1. Name and address of the appellant;

2. Description of the action or determination from which the appeal is sought;

3. Reason for the appeal, which includes a description of detailed and specific allegations of error; and

4. Additional written brief in support of or denying allegations of error (optional).

The appeal will be heard by the Board of Adjustment within sixty days after the appeal record has been prepared. The City Clerk will prepare the following:

1. All relevant documents involved in the original decision including staff reports, minutes, appellant documents utilized in the original decision; and

2. Any additional briefs submitted, so long as there is no new evidence presented.

The members of the Board of Adjustment will be notified immediately upon receipt of the appeal.

The appellant and affected property owners (within 300-feet of periphery of the parcel) will be provided fifteen days notice of the appeal hearing date.

During the hearing, no new evidence may be introduced. Any appeal alleging new evidence will be remanded to the lower administrative body.

Minutes will be taken and preserved for one year unless required for further appeals.

Determination

Any person participating in the Board of Adjustment appeal hearing will have thirty days to appeal to a higher authority. Any decision not appealed within that period shall be final.

Administrative Procedures For Review Of Appeals

Step 1 Questions and information concerning appeals from an administrative action or determination will be directed to the Planning and Zoning Department. Questions and information concerning appeals from a Planning Commission action or determination will be directed to the City Clerk.

Step 2 Any person or persons with interest in land that may be affected by an action or determination of a zoning matter may appeal said action or determination. Appeals must include:

1. Name and address of applicant;

2. Description of action or determination being appealed; and

3. Reasons for appeal to include specific allegations of error.

Appeals must be in writing and filed with the respective agency within fifteen days of the action or determination being appealed. Appeals to the Superior Court must be filed within thirty days.

All information must be supplied before the application deadline. The appeal hearing before the Planning Commission will be scheduled for the next meeting provided the appeal application is received by the third Friday preceding the meeting.

Step 3 After receiving an application the Planning and Zoning Department will schedule the matter before the Homer Advisory Planning Commission.

Step 4 A public hearing is required.

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;

3. Date, time and place of the public hearing;

4. Person and place to contact for more detailed information.

c. The rules of order of the body holding the hearing shall prevail.

d. The deadline for written response to the notification will be 5:00 p.m. the day of the Commission meeting.

Step 5 At the same time the hearing notice is sent to the newspaper, the public hearing notice will be sent to real property owners of record on the borough assessor's records adjacent to or within 300-feet of the parcel affected by the action.

Step 6 The appellant and all parties participating in the decision will be provided with fifteen days notice of the appeal hearing.

Step 7 A public hearing informational memorandum will be prepared informing the Commission of the publication dates, number of parties of interest contacted and response from notification.

Step 8 Planning and Zoning staff will prepare a memorandum detailing, the following:

1. The record (i.e., minutes, applications, complaints, etc.);

2. The controlling section of Chapter 1.28 to 21.70, Homer City Code;

3. The documentation of evidence; and

4. The recommendation.

Step 9 Upon determination by the Planning Commission, the staff will document the decision and basis for decision. The officially adopted minutes shall be part of the decision.

Step 10 The decision and minutes will be sent to the petitioner promptly following the action.

An appeal from a decision of the Planning Commission will be directed to the City Clerk. The appeal must be filed within fifteen days of the meeting in which the action or determination was made. The City Clerk will process all Planning Commission appeals.

HOMER ADVISORY PLANNING COMMISSION

POLICY FOR ACCEPTANCE OF

PRELIMINARY PLATS

PURPOSE

The purpose of the preliminary plat process is to allow an exchange of information between the subdivider, the Planning and Zoning Department, and the Planning Commission before the final plat is submitted. Proper utilization of the preliminary process should result in approval for the majority of the plats.

The purpose of this policy statement is to clarify the position of the Homer Advisory Planning Commission with regard to their acceptance or denial of preliminary plats within the Homer City limits and to outline the requirements necessary for preliminary plat approval.

QUALIFICATION STATEMENT

Nothing in this document should be considered in lieu of any applicable laws and procedures found in the Alaska State Statues, the Kenai Peninsula Borough Code of Ordinances, where applicable, or the Homer City Code.

PROCEDURES

A. General. The Kenai Peninsula Borough holds platting powers for the entire borough, both inside and outside the city limits. The Homer Advisory Planning Commission acts as an advisory to the Borough Planning Commission on plat matters inside city limits and within the Bridge Creek Watershed Protection District.

20.12.050 Subdivision in first class or home rule city -- Transmittal of prints required. Upon filing of a plat subdividing land within a first class or home rule city, the surveyor will submit three copies and a 11” x 17” reduced copy of the preliminary plat to the Planning Director. The City Advisory Planning Commission shall review the plat and take action within forty-nine days of the date of receipt unless the applicant agrees to an extension. Recommendations of the Homer Advisory Planning Commission based upon lawful ordinances shall be incorporated in the final plat. The final plat will only be submitted to said city for review when the design deviates from the preliminary in a manner, which has not been recommended by the city. In such instances, the Homer Advisory Planning Commission shall have forty-nine days from the date of receipt in which to review the final plat and take action (Kenai Peninsula Borough, 5/82).

Plats are acted upon by both city and borough commissions. The city will consider plats and make recommendations, the staff report and minutes are then forwarded to the borough planning department.

The borough planning commission makes the final determination. Once the preliminary plat has been accepted, the final plat is submitted to the borough for either administrative approval or approval by the borough planning commission.

B. Homer Advisory Planning Commission Meetings. The commission meets the first and third Wednesday of each month with worksessions and special meetings scheduled as necessary.

C. Plat Submittal. Plats are to be submitted to the Planning Department. Three copies are required and a reduced copy at least 11” x 17” in size.

D. Plat Submittal Deadline. Plats are required to be submitted by the third Friday preceding the Planning Commission meeting. (Normally submittal at this time will insure the plat will be on the next agenda. However, depending on the complexity or the time required to research the plat, a time extension may be necessary.)

E. Courtesy Agendas. Agendas and Staff Reports are sent to surveyor/s and property owners with plat/s on the agenda ~~and any individual with an item on the agenda~~.

F. Subscriber Agendas. Anyone wishing to receive an agenda of each Planning Commission meeting may do so by placing their name on a mailing list available at the City Clerk's office and paying a subscription fee.

PRELIMINARY DISCUSSION

The subdivider is urged to discuss the preliminary plat with the Planning and Zoning Department at any point prior to submitting the plat for approval by the Planning Commission. The purpose of such discussion is to facilitate the approval process, determine whether concept or preliminary approval is requested, discuss any unusual circumstances, and to explain any background information that has a bearing on the approval of the plat. This communication is particularly valuable if time deadlines are involved.

REQUIREMENTS FOR PRELIMINARY PLAT APPROVAL

A. Concept Approval. The purpose of the concept approval process is to allow the subdivider to obtain commission approval of the general layout and design of the subdivision at an early point in the design process. Conceptual approval of a plat does not imply approval of the preliminary plat, only that the commission agrees with the general design and layout of the lots and streets. It requires the subdivider to return the plat to the commission for preliminary approval. Submittal of a plat for conceptual approval is voluntary on the part of the subdivider.

The commission will consider a plat for conceptual approval if it contains the following information at the time it is presented:

1. Title block;

2. North point;

3. The location, width and names of existing or platted streets, public rights-of-way and easements;

4. The proposed street design;

5. Size and layout of lots;

6. Natural drainage;

7. Vicinity map; and

8. Scale.

B. Preliminary Approval. The commission will consider a plat for preliminary approval if it contains the following information at the time it is presented and is drawn to a scale of sufficient size to be clearly legible.

1. Within the title block:

a. Names of the subdivision which shall not be the same as an existing city, town, tract or subdivision of land in the borough, of which a map or plat has been previously recorded, or so nearly the same as to mislead the public or cause confusion;

b. Legal description, location, date, and total area in acres of the proposed subdivision;

c. Name and address of owner and registered land surveyor;

d. Scale.

2. North point;

3. The location, width and name of existing or platted streets and public ways, railroad rights-of-way and other important features such as section lines, political subdivision or municipal corporation boundaries abutting the subdivision.

4. A vicinity map, drawn to scale showing location of proposed subdivision, north arrow if different from plat orientation, township and range, section lines, roads, political boundaries and prominent natural and manmade features, such as shorelines or streams.

5. All parcels of land including those intended for private ownership and those to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision together with the purposes, conditions or limitation of such reservations.

6. The names and widths of public streets and alleys and easements including drainage easements existing and proposed, within the subdivision. Drainage easements are normally thirty feet in width centered on the drainage. Final width of the easement will depend on the ability to access the drainage with heavy equipment. An alphabetical list of street names is available from City Hall.

7. The names of adjacent subdivisions or an indication that the adjacent land is not subdivided.

8. Approximate location of areas subject to inundation, flooding or storm water overflow. Indicate if a recognized flood plain is present. Identify and locate the major drainage systems.

9. Approximate locations of areas subject to tidal inundation including the mean high water line.

10. Block and lot numbering per Section 20.16.110 of the borough subdivision code.

11. The general location of existing water and sewer utilities, and the intent and methods of the subdivision to utilize and access such utilities.

12. Provide a contour map of the subdivision and road profiles if road grades exceed 6% on arterial and 10% on other streets.

13. Identify and locate on the plat all areas in excess of 20% grade.

C. Design Requirements.

1. The plat must conform to the Kenai Peninsula Borough Code of Ordinances, Chapter 20 and applicable Homer City Code ordinances including Title 11, Streets, Sidewalks and Driveway Construction; Title 14, Utilities; and Title 21, Zoning.

D. Bridge Creek Watershed Protection District.

In addition to the preliminary plat requirements, subdivisions after February 25, 2003 within the Bridge Creek Watershed Protection District are subject to the following:

1. The minimum area of any parcel shall be 4.500 acres.

2. Parcels of land subdivided shall be allowed a total Coverage of 4.2 percent including Right-of-Way (ROW) dedication. ROW Coverage area shall be calculated at 50% of the total area of the dedicated ROW. The 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 Coverage (TAC)

(Area of ROW dedication) x .5 = ROW Coverage (ROW C)

TAC – ROW C = Allowed Coverage for remainder of parcel being subdivided

(Area of Parcel being subdivided) – (area of ROW dedication – New Parcel area

(Allowed Coverage for remainder)/(New Parcel area) x 100 – Percentage Coverage allowed on subdivided parcels.

3. Subdivisions, dedications, and vacations of easements and right-of-ways in the BCWP District must be approved by the City of Homer Advisory Planning Commission prior to submission to the Kenai Peninsula Borough.

Administrative Procedures For Review Of Preliminary Plats

Step 1 As preliminary plats are received, either from the surveyor (three copies are required and a 11” x 17” reduced copy) or from the Borough, the staff ~~Planning Technician~~ initiates a subdivision file.

Plats are required to be submitted by the third Friday preceding the Commission meeting.

Step 2 Immediately upon receipt of a plat, the Planning and Zoning staff reviews the plat for completeness. If the plat is incomplete and does not meet the requirements of the Kenai Peninsula Borough Code, Chapter 20.12, or the BCWP District, the staff will notify the subdivider/surveyor by phone and request the additional information. The information must be submitted by 5:00 p.m. on the Monday of the week preceding the Commission meeting, to allow for adequate review before the meeting.

If the plat meets all the requirements of the Kenai Peninsula Borough Chapter 20.12 and the BCWP District, the plat is scheduled for review at the next Planning Commission meeting.

There is a forty-nine day review deadline beginning from the date all materials are submitted unless the applicant agrees to an extension.

Step 3 A Two copyies of the plat is are sent to Public Works for review. A reply back memo is included with the deadline review date specified. The review deadline date will be the Wednesday preceding the Commission meeting. The comments are incorporated into the Staff Report.

Step 4 Staff review and an on-site inspection, if necessary, is made. Planning and Zoning staff prepares a staff report to the Homer Advisory Planning Commission which includes any of the following applicable for the review:

Applicant Zoning History

Status of Applicant Applicable Regulations

Requested Action Public Utilities

Purpose Public Services

Existing Zoning Transportation

Location Parking

Size Physical Characteristics

Existing Land Use Analysis

Surrounding Land Master Plan

Use and Zoning Recommendations

Attachments

Step 5 The Planning Commission reviews the plat at a regular meeting and recommends, with or without conditions, acceptance to the Borough Planning Commission.

Step 6 Staff ~~The Planning Technician~~ notifies the Borough Planning Commission of the Homer Advisory Planning Commission's action by a copy of the staff report and unapproved minutes of the meeting.

Step 7 After presentation to the Homer Advisory Planning Commission, staff ~~the Planning Technician~~ maintains the file in active status. All forthcoming documents (borough minutes, etc.) pertaining to the particular file will be routed through the Planning Director before they are filed.

Step 8 When the final plat is approved and all documentation is completed, the subdivision plat is placed in inactive status and re-filed in the Plat files.

HOMER ADVISORY PLANNING COMMISSION

POLICY FOR REVIEW OF BRIDGE CREEK WATERSHED PROTECTION DISTRICT

PURPOSE

The Homer Advisory Planning Commission may approve development within the Bridge Creek Watershed Protection District (BCWPD) subject to the standards provided in the zoning ordinance and in compliance with the Comprehensive Plan, for those uses or structures specified within the Bridge Creek Watershed Protection District ordinance. The purpose 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.

QUALIFICATION STATEMENT

CONDITIONAL USE

A conditional use permit may be issued in accordance with Chapter 21.61 and subject to the requirements of the Bridge Creek Watershed Protection District Chapter 21.59.060 Conditional uses and structures, and/or Chapter 21.59.080 Erosion sediment control, Chapter 21.59.090 Agricultural activity, Chapter 21.59.100 Timber growing and harvesting operations, Chapter 21.59.110 Steam buffers, and Chapter 21.59.130 Exceptions to buffers.

ADOPTED BY THE HOMER CITY COUNCIL, ALASKA, this ______day of__________

2003.

CITY OF HOMER

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Jack Cushing, Mayor

ATTEST

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Mary L. Calhoun, City Clerk