Homer City Zoning Code

The City is divided into zoning districts. Within each zoning district only uses and structures authorized by this title are allowed.

The following zoning districts are hereby established:

The zoning district boundaries shall be as shown on the official Homer zoning map.

In addition to the zoning districts described in HCC § 21.10.010, one or more overlay districts, or sensitive areas, may be established under the zoning code.

The overlay districts established elsewhere in the zoning code include:

Usually the official boundaries of an overlay district are established by illustration on the zoning map, but in some cases the code may instead provide that a written narrative is the official description of boundaries of an overlay district.

The official zoning map shall be kept in the City offices, in either paper or electronic form. The “Homer Zoning Map” dated April 4, 2012, is adopted by reference and declared to be part of this title, together with all amendments subsequently approved by ordinance.

Amendments shall be immediately noted on the official zoning map by the City Planner, with a notation of the ordinance and date of enactment.

Single-family dwelling;

Duplex dwelling;

Multiple-family dwelling, only if the structure conforms to HCC § 21.14.040(a)(2);

Public parks and playgrounds;

Rooming house, bed and breakfast and hostel;

Home occupations, provided they conform to the requirements of HCC § 21.51.010;

Agricultural activities, including general farming, truck farming, livestock farming, nurseries, and greenhouses; provided, that:

Private stables;

Private floatplane tie-down as an accessory use incidental to residential use;

Storage of personal commercial fishing gear in a safe and orderly manner and separated by at least five feet from any property line as an accessory use incidental to residential use;

As an accessory use incidental to residential use, the private outdoor storage of noncommercial equipment, including noncommercial trucks, boats, and not more than one recreational vehicle in a safe and orderly manner and separated by at least five feet from any property line, provided no stored equipment, boat or vehicle exceeds 36 feet in length;

Other customary accessory uses incidental to any of the permitted uses listed in the RR district; provided, that no separate permit shall be issued for the construction of any detached accessory building prior to that of the main building;

Temporary (seasonal) roadside stands for the sale of produce grown on the premises;

Mobile homes, subject to the requirements of HCC § 21.54.100;

Day care homes; provided, however, that outdoor play areas must be fenced;

Recreational vehicles, subject to the requirements of HCC § 21.54.320;

Open space, but not including outdoor recreational facilities described in HCC § 21.12.030;

As an accessory use, one small wind energy system per lot having a rated capacity not exceeding 10 kilowatts;

One detached dwelling unit, excluding mobile homes, as an accessory building to a principal single-family dwelling on a lot subject to the requirements of HCC § 21.12.040.

Planned unit development, limited to residential uses only;

Religious, cultural and fraternal assembly;

Cemeteries;

Kennels;

Commercial greenhouses and tree nurseries offering sale of plants or trees grown on premises;

Mobile home parks;

Public utility facilities and structures;

Pipelines and railroads;

Storage of heavy equipment, vehicles or boats over 36 feet in length as an accessory use incidental to a permitted or conditionally permitted principal use;

Day care facilities; provided, however, that outdoor play areas must be fenced;

Group care home;

Assisted living home;

More than one building containing a permitted principal use on a lot;

Indoor recreational facilities;

Outdoor recreational facilities;

Public school and private school;

One small wind energy system having a rated capacity exceeding 10 kilowatts; provided, that it is the only wind energy system of any capacity on the lot.

Lot Size.

Building Setbacks.

Building Height. The building height shall be a maximum of 35 feet.

Detached accessory buildings may occupy not more than 25 percent of a required rear or side yard and no portion of a required front yard, and shall be located at least five feet from the nearest part of a main building.

Single-family dwelling, excluding mobile home;

Duplex dwelling, excluding mobile home;

Multiple-family dwelling, only if the structure conforms to HCC § 21.14.040(a)(2) and excluding mobile home;

Public parks and playgrounds;

Home occupations, provided they conform to the requirements of HCC § 21.51.010;

Rooming house, bed and breakfast and hostel;

Private floatplane tie-up facility as an accessory use incidental to residential use;

As an accessory use incidental to residential use, storage of personal commercial fishing gear in a safe orderly manner and separated by at least five feet from any property line;

As an accessory use incidental to residential use, the private outdoor storage of noncommercial equipment, including noncommercial trucks, boats, and not more than one recreational vehicle in a safe and orderly manner and separated by at least five feet from any property line, provided no stored equipment, boat or vehicle exceeds 36 feet in length;

The outdoor harboring or keeping of dogs, small animals and fowl as an accessory to a residential use in a manner consistent with the requirements of all other provisions of the Homer City Code and as long as such animals are pets of the residents of the dwelling and their numbers are such as not to unreasonably annoy or disturb occupants of neighboring property;

Customary accessory uses to any of the permitted uses listed in the UR district; provided, that no separate permit shall be issued for the construction of any detached accessory building prior to that of the main building;

Day care homes; provided, however, that outdoor play areas must be fenced;

Recreational vehicles, subject to the standards set out in HCC § 21.54.320;

Open space, not including outdoor recreational facilities;

Public schools and private schools;

As an accessory use, one small wind energy system per lot having a rated capacity not exceeding 10 kilowatts;

One detached dwelling unit, excluding mobile homes, as an accessory building to a principal single-family dwelling on a lot;

Townhouse developments.

Planned unit development, excluding all industrial uses;

Day care facilities; provided, however, that outdoor play areas must be fenced;

Religious, cultural and fraternal assembly;

Pipelines;

Storage of heavy equipment or boats over 36 feet in length as an accessory use incidental to a permitted or conditionally permitted principal use;

Private stables and the keeping of larger animals not usually considered pets, including paddocks or similar structures or enclosures utilized for keeping of such animals as an accessory use incidental to a primary residential use; such use shall be conditioned on not causing unreasonable disturbance or annoyances to occupants of neighboring property, and on sufficient land to harbor such animals;

Group care home;

Assisted living home;

More than one building containing a permitted principal use on a lot;

Indoor recreational facilities;

Outdoor recreational facilities;

One small wind energy system having a rated capacity exceeding 10 kilowatts; provided, that it is the only wind energy system of any capacity on the lot.

Lot Size.

Building Setbacks.

Building Height. The building height shall be a maximum of 35 feet.

Detached accessory buildings may occupy not more than 25 percent of a required rear or side yard and no portion of a required front yard, shall not be more than 1,200 square feet in area, and shall be located at least five feet from the nearest part of a main building.

Single-family and duplex dwelling, excluding mobile homes;

Multiple-family dwelling, provided the structure conforms to HCC § 21.14.040(a)(2) and excluding mobile homes;

Public parks and playgrounds;

Rooming house, bed and breakfast and hostel;

Home occupations; provided they conform to the requirements of HCC § 21.51.010;

Professional offices and general business offices;

Personal services;

Museums, libraries and similar institutions;

Nursing facilities, convalescent homes, homes for the aged, assisted living homes;

Religious, cultural and fraternal assembly;

Storage of the occupant’s personal commercial fishing gear in a safe and orderly manner and separated by at least five feet from any property line as an accessory use incidental to a permitted or conditionally permitted principal use;

Private exterior storage of the occupant’s personal noncommercial equipment, including noncommercial trucks, boats, campers and not more than one recreational vehicle in a safe and orderly manner and separated by at least five feet from any property line as an accessory use incidental to a permitted or conditionally permitted principal use;

Other customary accessory uses to any of the permitted uses listed in the Residential Office District; provided, that no separate permit shall be issued for the construction of any detached accessory building prior to that of the main building;

The outdoor harboring or keeping of dogs, small animals and fowl as an accessory use in a manner consistent with the requirements of the Homer City Code and as long as such animals are kept as pets and their numbers are such as not to unreasonably annoy or disturb occupants of neighboring property;

Day care homes; provided, however, that outdoor play areas must be fenced;

Recreational vehicles, subject to the standards set out in HCC § 21.54.320;

As an accessory use, one small wind energy system per lot having a rated capacity not exceeding 10 kilowatts;

One detached dwelling unit, excluding mobile homes, as an accessory building to a principal single-family dwelling on a lot;

Townhouses;

Mortuaries;

Day care facilities; provided, however, that outdoor play areas must be fenced;

Repealed by Ord. 23-40;

Group care homes;

Studio.

Planned unit developments, excluding all industrial uses;

Public or private schools;

Medical clinics;

Public utility facilities and structures;

One small wind energy system having a rated capacity exceeding 10 kilowatts; provided, that it is the only wind energy system of any capacity on the lot;

Other uses approved pursuant to HCC § 21.04.020;

More than one building containing a permitted principal use on a lot.

The minimum lot size is 7,500 square feet.

Building Setbacks.

The maximum building height shall be 35 feet.

Detached accessory buildings may not occupy more than 25 percent of a required rear or side yard and no portion of a required front yard, and shall be located at least five feet from the nearest part of a main building and five feet from all property lines.

No lot shall contain more than 8,000 square feet of building area (all buildings combined), nor shall any lot contain building area in excess of 30 percent of the lot area, without an approved conditional use permit.

A zoning permit for any nonresidential use or structure shall not be issued by the City without an approved site plan and an approved level two right-of-way access plan that conform to the standards of Chapter 21.73 HCC.

All access points to rights-of-way shall conform to the standards of a level two right-of-way access plan stated in Chapter 21.73 HCC. This applies to all uses and structures.

Is estimated to generate more than 100 vehicle trips during any hour of the day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, 9th Edition;

Is estimated to generate more than 500 vehicle trips per day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, 9th Edition;

Is estimated to generate an increase in the traffic to more than 100 vehicle trips during any hour of the day due to a change in land use or intensity of use; or

Is expected to generate traffic that will detract from the safety of, or degrade by one level of service, the highway, road, street, alley or intersection.

All single-family and duplex residential development in the Residential Office District shall comply with the level one site development standards contained in HCC § 21.50.020.

All multifamily residential and all commercial development on lands in this district shall conform to the level two site development standards set forth in HCC § 21.50.030.

Single-family and duplex dwelling, excluding mobile homes;

Multiple-family dwelling, provided the structure conforms to HCC § 21.14.040(a)(2) and excluding mobile homes;

Public parks and playgrounds;

Rooming house, bed and breakfast;

Townhouses (compliant with HCC § 21.53.010(g) and (h));

Home occupations; provided they conform to the requirements of HCC § 21.51.010;

Professional offices and general business offices;

Clinics;

Day care facilities;

Day care homes;

Personal services;

Museums, libraries and similar institutions;

Nursing facilities, convalescent homes, homes for the aged, assisted living homes;

Religious, cultural and fraternal assembly;

Storage of the occupant’s personal commercial fishing gear in a safe and orderly manner and separated by at least five feet from any property line as an accessory use incidental to a permitted or conditionally permitted principal use;

Private exterior storage of the occupant’s personal noncommercial equipment, including noncommercial trucks, boats, campers, and not more than one recreational vehicle in a safe and orderly manner and separated by at least five feet from any property line as an accessory use incidental to a permitted or conditionally permitted principal use;

Other customary accessory uses to any of the permitted uses listed in the Medical District; provided, that no separate permit shall be issued for the construction of any detached accessory building prior to that of the main building;

The outdoor harboring or keeping of dogs, small animals and fowl as an accessory use in a manner consistent with the requirements of the Homer City Code and as long as such animals are kept as pets and their numbers are such as not to unreasonably annoy or disturb occupants of neighboring property;

Recreational vehicles, subject to the standards set out in HCC § 21.54.320;

As an accessory use, one small wind energy system per lot having a rated capacity not exceeding 10 kilowatts;

Mobile food services;

Retail as an accessory use to a permitted principal use;

Sale of durable and nondurable medical supplies and equipment;

More than one building containing a permitted principal use on a lot;

Parking lots.

Planned unit developments, excluding all industrial uses;

Public or private schools;

Hospitals;

Public utility facilities and structures;

Mortuaries;

Group care homes;

Helipads, but only as an accessory use incidental to a hospital conditional use;

One small wind energy system having a rated capacity exceeding 10 kilowatts; provided, that it is the only wind energy system of any capacity on the lot;

Other uses approved pursuant to HCC § 21.04.020;

Parking garage.

The minimum lot size is 7,500 square feet.

Building Setbacks.

Building Height. The maximum building height is 35 feet.

No lot shall contain more than 8,000 square feet of building area (all buildings combined), nor shall any lot contain building area in excess of 30 percent of the lot area, without an approved conditional use permit.

A zoning permit for any nonresidential use or structure shall not be issued by the City without an approved site plan and an approved level two right-of-way access plan that conform to the standards of Chapter 21.73 HCC.

All access points to rights-of-way shall conform to the standards of a level two right-of-way access plan stated in Chapter 21.73 HCC. This applies to all uses and structures.

Is estimated to generate more than 100 vehicle trips during any hour of the day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, Ninth Edition;

Is estimated to generate more than 500 vehicle trips per day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, Ninth Edition;

Is estimated to generate an increase in traffic to more than 100 vehicle trips during any hour of the day due to a change in land use or intensity of use; or

Is expected to generate traffic that will detract from the safety of, or degrade by one level of service, the highway, road, street, alley or intersection.

All single-family and duplex residential development in the Medical District shall comply with the level one site development standards contained in HCC § 21.50.020.

All residential development of three units or more and all nonresidential development on lands in this district shall conform to the level two site development standards set forth in HCC § 21.50.030(a) through (e), (f)(1)(a) and (f)(2). Parking lots with a minimum of 24 spaces or more shall provide a minimum of 10 percent landscaped area in dividers, islands or buffers or any combination thereof, adjacent or within the parking area.

New nonresidential construction shall be screened from existing single-family or duplex dwellings by a continuous fence or landscaping so as to obscure the view of the parking lot and loading areas from the adjacent dwelling.

Retail business where the principal activity is the sale of merchandise and incidental services in an enclosed building;

Personal service establishments;

Professional offices and general business offices;

Restaurants, clubs and drinking establishments that provide food or drink for consumption on the premises;

Parking lots and parking garages, in accordance with Chapter 21.55 HCC;

Hotels and motels;

Mortuaries;

Single-family, duplex, and multiple-family dwellings, including townhouses, but not including mobile homes;

Floatplane tie-up facilities and air charter services;

Parks;

Retail and wholesale sales of building supplies and materials, only if such use, including storage of materials, is wholly contained within one or more enclosed buildings;

Customary accessory uses to any of the permitted uses listed in the CBD district; provided, that a separate permit shall not be issued for the construction of any detached accessory building prior to that of the main building;

Mobile homes, provided they conform to the requirements set forth in HCC § 21.54.100;

Home occupations, provided they conform to the requirements of HCC § 21.51.010;

Ministorage;

Apartment units located in buildings primarily devoted to business or commercial uses;

Religious, cultural, and fraternal assembly;

Entertainment establishments;

Public, private and commercial schools;

Museums and libraries;

Studios;

Plumbing, heating and appliance service shops, only if such use, including the storage of materials, is wholly within an enclosed building;

Publishing, printing and bookbinding;

Recreational vehicle parks only if located south of the Sterling Highway (Homer Bypass) from Lake Street west to the boundary of the Central Business District abutting Webber Subdivision, and from Heath Street to the west side of Lakeside Village Subdivision, provided they shall conform to the standards in HCC § 21.54.200 and following sections;

Taxi operation limited to a dispatch office and fleet parking of no more than five vehicles; maintenance of taxis must be conducted within an enclosed structure, and requires prior approval by the City Planner of a site, access and parking plan;

Mobile food services;

Itinerant merchants, provided all activities shall be limited to uses permitted outright under this zoning district;

Day care homes and facilities; provided, however, that outdoor play areas must be fenced;

Rooming house, bed and breakfast and hostel;

Auto repair and auto and trailer sales or rental areas, but only on Main Street from Pioneer Avenue to the Sterling Highway, excluding lots with frontage on Pioneer Avenue or the Sterling Highway, subject to the following additional requirements: Vehicles awaiting repair or service, inoperable vehicles, vehicles for parts, and vehicles awaiting customer pickup shall be parked indoors or inside a fenced enclosure so as to be concealed from view, on all sides. The fence shall be a minimum height of eight feet and constructed to prohibit visibility of anything inside of the enclosure. The portion of any vehicle exceeding eight feet in height may be visible outside of the fence. Vehicle parts (usable or unusable), vehicle service supplies, and any other debris created in the repair or servicing of vehicles shall also be stored indoors or inside the fenced enclosure out of view of the public;

Farmers’ market;

Dormitory;

Financial institutions;

As an accessory use, one small wind energy system per lot having a rated capacity not exceeding 10 kilowatts;

One detached dwelling unit, excluding mobile homes, as an accessory building to a principal single-family dwelling on a lot;

Marijuana cultivation facilities, manufacturing facilities, retail facilities, and testing facilities as defined by State law;

Medical clinics;

Greenhouses and garden supplies;

Repealed by Ord. 23-40;

Group care homes and assisted living homes;

Indoor and outdoor recreational facilities.

Planned unit developments, excluding all industrial uses;

Mobile home parks;

Auto fueling stations;

Public utility facilities and structures;

Pipeline;

Light or custom manufacturing, repair, fabricating, and assembly, provided such use, including storage of materials, is wholly within an enclosed building;

Shelter for the homeless, provided any lot used for such shelter does not abut a residential zoning district;

More than one building containing a permitted principal use on a lot;

Drive-in car washes, but only on the Sterling Highway from Tract A-1 Webber Subdivision to Heath Street;

One small wind energy system having a rated capacity exceeding 10 kilowatts; provided, that it is the only wind energy system of any capacity on the lot;

Other uses approved pursuant to HCC § 21.04.020.

Lot Size.

Building Setbacks.

Building Height. The maximum building height shall be 35 feet.

No lot shall contain more than 8,000 square feet of building area (all buildings combined), nor shall any lot contain building area in excess of 30 percent of the lot area, without an approved conditional use permit.

Building Area and Dimensions – Retail and Wholesale.

Is estimated to generate more than 100 vehicle trips during any hour of the day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, 9th Edition;

Is estimated to generate more than 500 vehicle trips per day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, 9th Edition;

Is estimated to generate an increase in the traffic to more than 100 vehicle trips during any hour of the day due to a change in land use or intensity of use; or

Is expected to generate traffic that will detract from the safety of, or degrade by one level of service, the highway, road, street, alley or intersection.

The nuisance standards of HCC § 21.59.010(a) through (f) apply to all development, uses, and structures in this zoning district.

Storage of Items for Sale. Products for sale may be displayed outdoors in unscreened areas only during the open hours of the business. This does not apply to outdoor storage of items for sale when outdoor storage or sale is permitted in the zoning district, nor does it apply to items normally kept outdoors, such as motor vehicles.

Commercial vehicles, trailers, shipping containers and other similar equipment used for transporting merchandise shall remain on the premises only as long as required for loading and unloading operations, and shall not be maintained on the premises for storage purposes unless screened from public view.

Retail business where the principal activity is the sale of merchandise and incidental services in an enclosed building;

Personal service establishments;

Offices;

Restaurants, clubs and drinking establishments which provide food or drink for consumption on the premises;

Parking lots and parking garages, in accordance with Chapter 21.55 HCC;

Hotels and motels;

Single-family, duplex, and multiple-family dwellings, but not including mobile homes or townhouses;

Townhouses subject to the standards of HCC § 21.53.010(c), (f), (h), (i), and (o) only;

Parks;

Financial institutions;

Retail sale of building supplies and materials, only if such use, including storage of materials, is wholly contained within an enclosed building;

Home occupations, provided they conform to the standards in HCC § 21.51.010;

Dwelling units and nonresidential uses in the same building, if each use is otherwise allowed by this chapter;

Religious, cultural and fraternal assemblies;

Entertainment establishments;

Private, public, and commercial schools;

Museums and libraries;

Studios;

Plumbing, heating and appliance service shops, only if such use, including the storage of materials, is wholly within an enclosed building;

Publishing, printing and bookbinding;

Mobile food services on City-owned land only;

Transient or itinerant merchants, provided all activities shall be limited to uses permitted outright under this zoning district, and only on City-owned land;

Day care homes and facilities; provided, however, that play areas must be fenced;

Rooming house, bed and breakfast and hostel;

Farmers’ market;

More than one building containing a principal permitted use on a lot;

Greenhouse and garden supplies;

Indoor and outdoor recreational facilities;

Group care and assisted living facilities;

Self-service laundries.

Planned unit developments, limited only to uses otherwise permitted in this district;

Light or custom manufacturing, repair, fabricating, and assembly, provided such use, including storage of materials, is wholly within an enclosed building;

Other uses approved pursuant to HCC § 21.04.020;

Customary accessory uses to any of the permitted uses listed in the TCD district; provided, that a separate permit shall not be issued for the construction of any type of accessory building prior to that of the main building;

One wind energy system having a rated capacity exceeding 10 kilowatts; provided, that it is the only wind energy system on any capacity of the lot.

Lot Size. The minimum lot area shall be 6,000 square feet.

Building Setbacks. Buildings shall be set back from lot boundaries and street rights-of-way as follows:

Building Height.

No lot shall contain more than 8,000 square feet of building area (all buildings combined), nor shall any lot contain building area in excess of 30 percent of the lot area, without an approved conditional use permit.

Building Area and Dimensions – Retail and Wholesale.

All development will contain variation in detail to provide visual interest and to avoid monotony. Use of pitched roofs, breaks in roofs and wall lines and other architectural features will be utilized. Building materials may simulate quality traditional building materials such as wood, stone and brick.

Architecture based upon generic franchise design is prohibited.

Architecturally integrated artwork is encouraged.

Fences shall comply with the Community Design Manual.

All development shall comply with the commercial streetscape guidelines of site design section of the Community Design Manual.

A zoning permit for a building or structure within the Town Center District shall not be issued by the City without a level one site plan approved by the City under Chapter 21.73 HCC.

A zoning permit for a building or structure within the Town Center District shall not be issued by the City without a level two right-of-way access plan approved by the City under Chapter 21.73 HCC, except that in the Town Center District, frontage roads are prohibited.

All development on lands in this zoning district shall conform to the level two site development requirements set forth in HCC § 21.50.030, except as otherwise provided in this section.

HCC § 21.50.030(b) and (f) do not apply in this zoning district.

Stormwater management and drainage will be integrated with adjacent properties to the maximum extent possible.

All utilities in the district are required to be underground.

Landscaping Requirements. All lands in this zoning district shall be landscaped to conform to the following:

The nuisance standards of HCC § 21.59.010(a) through (f) apply to all development, uses, and structures in this zoning district.

Storage of Items for Sale. Products for sale may be displayed outdoors in unscreened areas only during the open hours of the business. This does not apply to outdoor storage of items for sale when outdoor storage or sale is permitted in the zoning district, nor does it apply to items normally kept outdoors, such as motor vehicles.

Commercial vehicles, trailers, shipping containers and other similar equipment used for transporting merchandise shall remain on the premises only as long as required for loading and unloading operations, and shall not be maintained on the premises for storage purposes unless screened from public view.

The level one lighting standards of HCC § 21.59.030 apply to all developments, structures and uses in this district.

All lighting shall comply with the building lighting and outdoor lighting sections of the Community Design Manual.

Is estimated to generate more than 100 vehicle trips during any hour of the day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, 9th Edition;

Is estimated to generate more than 500 vehicle trips per day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, 9th Edition;

Is estimated to generate an increase in the traffic to more than 100 vehicle trips during any hour of the day due to a change in land use or intensity of use; or

Is expected to generate traffic that will detract from the safety of, or degrade by one level of service, the highway, road, street, alley or intersection.

Retail business;

General business offices and professional offices;

Restaurants and clubs;

Hotels and motels;

Single-family, duplex, and multiple-family dwellings, including townhouses, but not including mobile homes;

Open space;

Financial institutions;

Home occupations, provided they conform to the standards in HCC § 21.51.010;

Dwelling units and nonresidential uses (if otherwise allowed by this chapter) in the same building;

Religious, cultural, and fraternal assembly;

Entertainment establishments;

Museums and libraries;

Public and private schools;

Studios;

Rooming house, bed and breakfast and hostel;

Personal service establishments;

Customary accessory uses to any of the permitted uses listed in the GBD district; provided, that separate permit shall not be issued for the construction of any type of accessory building prior to that of the main building.

More than one building containing a permitted principal use on a lot.

One wind energy system having a rated capacity exceeding 10 kilowatts; provided, that it is the only wind energy system of any capacity on the lot.

Other uses approved pursuant to HCC § 21.04.020.

Lot Size.

Building Setbacks.

Building Height. The maximum building height shall be 35 feet.

No lot shall contain more than 8,000 square feet of building area (all buildings combined), nor shall any lot contain building area in excess of 30 percent of the lot area, without an approved conditional use permit.

Building Area and Dimensions – Retail.

All development will contain variation in detail to provide visual interest and to avoid monotony. Use of pitched roofs, breaks in roofs and wall lines and other architectural features will be utilized. Building materials must simulate quality traditional building materials such as wood, stone and brick.

Architecture based upon generic franchise design is prohibited. Rather, where franchise buildings of national chains are proposed, architects will comply with the Community Design Manual.

Architecturally integrated artwork is encouraged.

A zoning permit for a building or structure within the Gateway Business District shall not be issued by the City without a level one site plan approved under Chapter 21.73 HCC.

No zoning permit for a building or structure may be issued without a level three right-of-way access plan approved by the City under Chapter 21.73 HCC.

All development in the GBD shall conform to the level two site development standards contained in HCC § 21.50.030.

All parking lots and vehicular ways in a development will be paved.

Is estimated to generate more than 100 vehicle trips during any hour of the day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, 9th Edition;

Is estimated to generate more than 500 vehicle trips per day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, 9th Edition;

Is estimated to generate an increase in the traffic to more than 100 vehicle trips during any hour of the day due to a change in land use or intensity of use; or

Is expected to generate traffic that will detract from the safety of, or degrade by one level of service, the highway, road, street, alley or intersection.

Air charter operations and floatplane tie-up facilities;

General business offices and professional offices;

Dwelling units located in buildings primarily devoted to business uses;

Auto repair;

Auto and trailer sales or rental areas;

Auto fueling stations and drive-in car washes;

Building supply and equipment sales and rentals;

Restaurants, including drive-in restaurants, clubs and drinking establishments;

Garden supplies and greenhouses;

Heavy equipment and truck sales, rentals, service and repair;

Hotels and motels;

Lumberyards;

Boat and marine equipment sales, rentals, service and repair;

Mortuaries;

Open air businesses;

Parking lots and parking garages, in accordance with Chapter 21.55 HCC;

Manufacturing, fabrication and assembly;

Publishing, printing and bookbinding;

Recreation vehicle sales, rental, service and repair;

Retail businesses;

Trade, skilled or industrial schools;

Wholesale businesses, including storage and distribution services incidental to the products to be sold;

Welding and mechanical repair;

Parks and open space;

Appliance sales and service;

Warehousing, commercial storage and ministorage;

Banks, savings and loans, credit unions and other financial institutions;

Customary accessory uses to any of the permitted uses listed in the GC1 district; provided, that no separate permit shall be issued for the construction of any type of accessory building prior to that of the main building;

Dry cleaning, laundry, and self-service laundries;

Taxi operation;

Mobile food services;

Itinerant merchants, provided all activities shall be limited to uses permitted outright under this zoning district;

Recreational vehicle parks, provided they shall conform to the standards in Article II of Chapter 21.54 HCC;

Day care homes; provided, that a conditional use permit was obtained for the dwelling, if required by HCC § 21.24.030; all outdoor play areas must be fenced;

Rooming house and bed and breakfast;

Dormitory;

As an accessory use, one small wind energy system per lot;

Marijuana cultivation facilities, manufacturing facilities, retail facilities, and testing facilities as defined by State law;

Day care facilities; provided, however, that outdoor play areas must be fenced;

Indoor and outdoor recreational facilities;

Studio.

Campgrounds;

Crematoriums;

Multiple-family dwelling;

Public utility facility or structure;

Mobile home parks;

Planned unit developments;

Townhouses;

Pipelines;

Shelter for the homeless, provided any lot used for such shelter does not abut an RO, RR, or UR zoning district;

More than one building containing a permitted principal use on a lot;

Other uses approved pursuant to HCC § 21.04.020.

Lot Size. The minimum lot size is 10,000 square feet.

Building Setbacks.

Building Height. The maximum building height shall be 35 feet.

No lot shall contain more than 8,000 square feet of building area (all buildings combined), nor shall any lot contain building area in excess of 30 percent of the lot area without an approved conditional use permit.

Building Area and Dimensions – Retail and Wholesale.

Screening. When one or more side or rear lot lines abut land within an RO, RR, or UR district or when a side or rear yard area is to be used for parking, loading, unloading or servicing, then those side and rear yard areas shall be effectively screened by a wall, fence, or other sight-obscuring screening. Such screening shall be of a height adequate to screen activity on the lot from outside view by a person of average height standing at street level.

A zoning permit for any use or structure within the General Commercial 1 District shall not be issued by the City without a level one site plan approved by the City under Chapter 21.73 HCC.

No zoning permit may be granted for any use or structure without a level two right-of-way access plan approved by the City under HCC § 21.73.100.

Is estimated to generate more than 100 vehicle trips during any hour of the day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, 9th Edition;

Is estimated to generate more than 500 vehicle trips per day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, 9th Edition;

Is estimated to generate an increase in the traffic to more than 100 vehicle trips during any hour of the day due to a change in land use or intensity of use; or

Is expected to generate traffic that will detract from the safety of, or degrade by one level of service, the highway, road, street, alley or intersection.

Production, processing, assembly and packaging of fish, shellfish and seafood products;

Construction, assembly and storage of boats and boat equipment;

Manufacturing, fabrication and assembly;

Research and development laboratories;

Trade, skills or industrial schools;

Publishing, printing and bookbinding facilities;

Auto, trailer, truck, recreational vehicle and heavy equipment sales, rentals, service and repair, excluding storage of vehicles or equipment that is inoperable or in need of repair;

Storage and distribution services and facilities, including truck terminals, warehouses and storage buildings and yards, contractors’ establishments, lumberyards and sales, or similar uses;

Airports and air charter operations;

Underground bulk petroleum storage;

Cold storage facilities;

Parking lots and parking garages, in accordance with Chapter 21.55 HCC;

Mobile commercial structures;

Accessory uses to the uses permitted in the GC2 district that are clearly subordinate to the main use of the lot or building, such as wharves, docks, restaurant or cafeteria facilities for employees; or caretaker or dormitory residence if situated on a portion of the principal lot; provided, that separate permits shall not be issued for the construction of any type of accessory building prior to that of the main building;

Taxi operation;

Mobile food services;

Itinerant merchants, provided all activities shall be limited to uses permitted outright under this zoning district;

Recreational vehicle parks, provided they shall conform to the standards in Chapter 21.54 HCC;

Hotels and motels;

Dormitory;

As an accessory use, one small wind energy system per lot;

Open air business;

Marijuana cultivation facilities, manufacturing facilities, retail facilities, and testing facilities as defined by State law;

Impound yards;

Repealed by Ord. 23-40;

Indoor and outdoor recreational facilities;

Studio.

Construction camps;

Extractive enterprises, including the mining, quarrying and crushing of gravel, sand and other earth products and batch plants for asphalt or concrete;

Bulk petroleum product storage above ground;

Planned unit developments, excluding residential uses;

Campgrounds;

Junk yard;

Kennels;

Public utility facilities and structures;

Pipelines;

Shelter for the homeless, provided any lot used for such shelter does not abut an urban, rural or office residential zoning district;

More than one building containing a permitted principal use on a lot;

Other uses approved pursuant to HCC § 21.04.020.

Lot Size. The minimum lot size is 10,000 square feet.

Building Setbacks.

Building Height.

Building Area and Dimensions – Retail and Wholesale.

A zoning permit for a building or structure within the General Commercial 2 District shall not be issued by the City without a level two site plan approved under Chapter 21.73 HCC.

No zoning permit may be granted without a level two right-of-way access plan approved by the City under Chapter 21.73 HCC.

Is estimated to generate more than 100 vehicle trips during any hour of the day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, 9th Edition;

Is estimated to generate more than 500 vehicle trips per day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, 9th Edition;

Is estimated to generate an increase in the traffic to more than 100 vehicle trips during any hour of the day due to a change in land use or intensity of use; or

Is expected to generate traffic that will detract from the safety of, or degrade by one level of service, the highway, road, street, alley or intersection.

Auto, trailer, truck, recreational vehicle and heavy equipment sales, rentals, service and repair;

Drive-in car washes;

Building supply and equipment sales and rentals;

Garden supplies and greenhouses;

Boat and marine equipment sales, rentals, manufacturing, storage yard, service and repair;

Welding and mechanical repair;

Restaurants, including drive-in restaurants, clubs and drinking establishments;

Religious, cultural, and fraternal assembly;

Studios;

Personal services;

Agricultural activities, including general farming, truck farming, nurseries, tree farms and greenhouses;

Private stables;

Storage of heavy equipment, vehicles or boats;

Plumbing, heating and appliance service shops;

Home occupations on a lot whose principal permitted use is residential, provided they conform to the requirements of HCC § 21.51.010;

Mortuaries and crematoriums;

Open air businesses;

Parking lots and parking garages, in accordance with Chapter 21.55 HCC;

Manufacturing, fabrication and assembly;

Retail businesses;

Trade, skilled or industrial schools;

Wholesale businesses, including storage and distribution services incidental to the products to be sold;

Parks and open space;

Warehousing, commercial storage and ministorage;

Recreational vehicles, subject to the standards in HCC § 21.54.320(a), (b) and (c);

Dry cleaning, laundry, and self-service laundries;

Mobile food services;

As an accessory use, one small wind energy system per lot;

Production, processing, assembly and packaging of fish, shellfish and seafood products;

Research and development laboratories;

Storage and distribution services and facilities, including truck terminals, warehouses and storage buildings and yards, contractors’ establishments, lumberyards and sales, or similar uses;

Cold storage facilities;

Mobile commercial structures;

Single-family and duplex dwellings, only as an accessory use incidental to a permitted principal use; provided, that no permit shall be issued for the construction of an accessory dwelling prior to the establishment of the principal use;

The repair, replacement, reconstruction or expansion of a single-family or duplex dwelling, including a mobile home, that existed lawfully before its inclusion in the GC1, GC2 or EEMU zoning districts, notwithstanding any provision of Chapter 21.61 HCC to the contrary; provided, that a mobile home may not be used to replace or expand such a dwelling;

Customary accessory uses to any of the uses permitted in the EEMU district that are clearly subordinate to the main use of the lot or building, including without limitation wharves, docks, storage facilities, restaurant or cafeteria facilities for employees; or caretaker or employee dormitory residence if situated on a portion of the same lot as the principal use; provided, that no permit shall be issued for the construction of any type of accessory building prior to the establishment of the principal use;

Taxi operation;

Itinerant merchants, provided all activities shall be limited to uses permitted outright under this zoning district;

More than one building containing a permitted principal use on a lot;

The outdoor harboring or keeping of dogs, small animals and fowl as an accessory use to a residential use in a manner consistent with the requirements of all other provisions of the Homer City Code and as long as such animals are pets of the residents of the dwelling and their numbers are such as not to unreasonably annoy or disturb occupants of neighboring property;

Marijuana cultivation facilities, manufacturing facilities, retail facilities, and testing facilities as defined by State law;

Indoor and outdoor recreational facilities.

Construction camps;

Extractive enterprises, including crushing of gravel, sand and other earth products and batch plants for asphalt or concrete;

Auto fueling stations;

Bulk petroleum product storage;

Planned unit developments;

Junk yard;

Kennels;

Public utility facilities and structures;

Impound yards;

Repealed by Ord. 22-68(A);

Repealed by Ord. 22-68(A);

Other uses approved pursuant to HCC § 21.04.020.

Lot Size.

Building Setbacks.

Building Height.

Building Area and Dimensions – Retail and Wholesale. The total floor area of retail and wholesale business uses within a single building shall not exceed 75,000 square feet. No conditional use permit, planned unit development, or variance may be granted that would allow a building to exceed the limits of this subsection, and no nonconforming use or structure may be expanded in any manner that would increase its nonconformity with the limits of this subsection.

Screening.

A zoning permit for any use or structure within the East End Mixed Use District shall not be issued by the City without a level two site plan approved by the City under Chapter 21.73 HCC.

No zoning permit may be granted for any use or structure without a level two right-of-way access plan approved by the City under HCC § 21.73.100.

Is estimated to generate more than 100 vehicle trips during any hour of the day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, 9th Edition;

Is estimated to generate more than 500 vehicle trips per day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, 9th Edition;

Is estimated to generate an increase in the traffic to more than 100 vehicle trips during any hour of the day due to a change in land use or intensity of use; or

Is expected to generate traffic that will detract from the safety of, or degrade by one level of service, the highway, road, street, alley or intersection.

Offices for tourism-related charter and tour businesses, such as fishing, flightseeing, day excursions and boat charters and tours;

Marine equipment sales, rentals, service, repair and storage;

Retail stores limited to the sale of seafood products, sporting goods, curios, and arts and crafts;

Business offices for water-dependent and water-related activities such as fish brokers, offshore oil and gas service companies, and stevedores;

Customary accessory uses that are clearly subordinate to the main use of the lot or building such as piers or wharves; provided, that separate permits shall not be issued for the construction of an accessory structure prior to that of the main structure;

Mobile food services;

Itinerant merchants, provided all activities shall be limited to uses permitted outright under this zoning district;

Recreational vehicle parks, provided they shall conform to the standards in Chapter 21.54 HCC;

Restaurants;

Cold storage facilities;

Campgrounds;

Manufacturing, processing, cooking, and packing of seafood products;

Parks;

Boat launching or moorage facilities, marinas;

Caretaker, business owner or employee housing as an accessory use to a primary use, and limited to no more than 50 percent of the floor area of a building and for use by an occupant for more than 30 consecutive days;

Lodging as an accessory use, limited to no more than 50 percent of the floor area of a building;

As an accessory use, one small wind energy system per lot.

Drinking establishments;

Public utility facilities and structures;

Hotels and motels;

Lodging;

More than one building containing a permitted principal use on a lot;

Planned unit developments, limited to water-dependent and water-related uses, with no dwelling units except as permitted by HCC § 21.28.020(o);

Indoor recreational facilities;

Outdoor recreational facilities;

The location of a building within a setback area required by HCC § 21.28.040(b). In addition to meeting the criteria for a conditional use permit under HCC § 21.71.030, the building must meet the following standards:

The minimum lot size is 20,000 square feet, except for lots lawfully platted before December 12, 2006. The minimum lot width is 150 feet, except for lots lawfully platted before December 12, 2006.

Setbacks. No building may be located in a required setback area without an approved conditional use permit.

The maximum building height is 35 feet.

No lot shall contain more than 8,000 square feet of building area (all buildings combined), nor shall any lot contain building area in excess of 70 percent of the lot area without an approved conditional use permit.

Building Area and Dimensions – Retail and Wholesale.

A zoning permit for any use or structure within the Marine Commercial District shall not be issued by the City without a level one site plan approved by the City under Chapter 21.73 HCC.

A zoning permit for any use or structure shall not be issued without a level one right-of-way access plan approved by the City under Chapter 21.73 HCC.

Is estimated to generate more than 100 vehicle trips during any hour of the day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, 9th Edition;

Is estimated to generate more than 500 vehicle trips per day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, 9th Edition;

Is estimated to generate an increase in the traffic to more than 100 vehicle trips during any hour of the day due to a change in land use or intensity of use; or

Is expected to generate traffic that will detract from the safety of, or degrade by one level of service, the highway, road, street, alley or intersection.

Development shall not impair public use of adjacent publicly owned tidelands.

Buildings and roadways shall be located to minimize alteration to the natural terrain.

Grading and filling shall not alter the storm berm except as necessary to correct unsafe conditions.

Point source discharges to a waterway shall conform to the applicable regulations of the Alaska Department of Environmental Conservation.

Port and harbor facilities;

Manufacturing, processing and packing of sea products;

Cold storage;

Dry docks;

Wharves and docks, marine loading facilities, ferry terminals, marine railways;

Marine equipment sales, rentals, service, repair and storage;

Boat launching or moorage facilities, marinas, boat charter services;

Warehouse and marshaling yards for storing goods awaiting transfer to marine vessels or off-loaded from a marine vessel and awaiting immediate pickup by land-based transportation;

Mobile food services;

Itinerant merchants, provided all activities shall be limited to uses permitted outright under this zoning district;

Recreational vehicle parks, provided they shall conform to the standards in Chapter 21.54 HCC;

Caretaker, business owner or employee housing as an accessory use to a primary use, and limited to no more than 50 percent of the floor area of a building and for use by an occupant for more than 30 consecutive days;

More than one building containing a permitted principal use on a lot;

Restaurant as an accessory use;

Parks;

As an accessory use, one small wind energy system per lot;

Boat sales, rentals, service, repair and storage, and boat manufacturing.

Planned unit development, limited to water-dependent or water-related uses and excluding all dwellings;

Extractive enterprises related to other uses permitted in the district;

Campgrounds;

Bulk petroleum storage;

Helipads;

Heliports;

Indoor recreational facilities;

Outdoor recreational facilities;

Public utility facilities and structures;

The location of a building within a setback area required by HCC § 21.30.040(b). In addition to meeting the criteria for a conditional use permit under HCC § 21.71.030, the building must meet the following standards:

Lot Size. The minimum lot size is 6,000 square feet.

Setbacks. No building may be located in a required setback area without an approved conditional use permit.

The maximum building height is 35 feet.

No lot shall contain more than 8,000 square feet of building area (all buildings combined), nor shall any lot contain building area in excess of 70 percent of the lot area without an approved conditional use permit.

Building Area and Dimensions – Retail and Wholesale.

A zoning permit for a building or structure within the Marine Industrial District shall not be issued by the City without a level two site plan approved under Chapter 21.73 HCC.

No zoning permit may be granted without a level two right-of-way access plan approved under Chapter 21.73 HCC.

Is estimated to generate more than 100 vehicle trips during any hour of the day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, 9th Edition;

Is estimated to generate more than 500 vehicle trips per day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, 9th Edition;

Is estimated to generate an increase in the traffic to more than 100 vehicle trips during any hour of the day due to a change in land use or intensity of use; or

Is expected to generate traffic that will detract from the safety of, or degrade by one level of service, the highway, road, street, alley or intersection.

Development shall not impair public use of adjacent publicly owned tidelands.

Buildings and roadways shall be located to minimize alteration to the natural terrain.

Grading and filling shall not alter the storm berm except as necessary to correct unsafe conditions.

Point source discharges to a waterway shall conform to the applicable regulations of the Alaska Department of Environmental Conservation.

Marine recreation activities such as fishing and boating;

Open space, such as park, playground and related recreation activities;

Marine-life raising or production for recreational purposes, but not for commercial fishing purposes;

Marine-life and wildlife sanctuary or preserve;

Recreational vehicle parks, provided they shall conform to the standards in Article II of Chapter 21.54 HCC.

Public utility facilities and structures;

Any structures used for uses permitted outright in the district;

Fishing gear and boat storage;

Campgrounds;

Pipelines and railroads;

Parking areas;

Other open space and recreation uses;

Indoor recreational facilities;

Outdoor recreational facilities.

The development shall not adversely affect the natural resources such as the littoral drift pattern and the estuarine environment;

The development shall preserve all pedestrian easements and rights-of-way to the tidelands. Any application for a new development shall include a site plan showing these and any other proposed easements and their dimensions. The Planning Commission may require additional easements depending on the design, scale and location of existing public access points;

All structures shall be designed in terms of their height, bulk, scale and orientation to minimize the interruption of scenic views;

The development shall be compatible with adjacent and nearby properties;

The development can be served by existing public services or facilities;

The development shall not be contrary to the City’s Comprehensive Plan or the State Coastal Management Program;

The development shall not be inconsistent with the purposes of the district.

Fish and wildlife habitat protection and enhancement.

Marine-life and wildlife sanctuary or preserve.

Pedestrian trails, including boardwalks and viewing platforms.

Educational and interpretive displays and signs.

Public utility facilities and structures that cannot be reasonably located in another district.

Parking lots incidental to a permitted or conditionally permitted use.

Other conservation uses that will enhance the Conservation District, approved by the Planning Commission, provided, however, a finding of no adverse impact to the integrity of the fish and wildlife resources and habitat must be found.

Lot Width. Lot width is unrestricted.

Lot Area. Lot area is unrestricted.