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

b. The following zoning districts are hereby established:

c. The zoning district boundaries shall be as shown on the official Homer zoning map. [Ord. 20-59(A) § 4, 2020; Ord. 12-10 § 2, 2012; Ord. 08-29, 2008].

a. 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.

b. The overlay districts established elsewhere in the zoning code include:

c. 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. [Ord. 09-44(S) § 2, 2009; Ord. 08-29, 2008; Ord. 08-12(S)(A-2) § 1, 2008].

a. 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.

b. Amendments shall be immediately noted on the official zoning map by the City Planner, with a notation of the ordinance and date of enactment. [Ord. 22-35 § 1, 2022; Ord. 20-59(A) § 5, 2020; Ord. 20-49 § 1, 2020; Ord. 20-02 § 1, 2020; Ord. 16-34 § 1, 2016; Ord. 13-27 § 1, 2013; Ord. 13-12(S) §§ 1 – 5, 2013; Ord. 12-10 § 3, 2012; Ord. 08-29, 2008].

The purpose of the Rural Residential District is primarily to provide an area in the City for low-density, primarily residential, development; allow for limited agricultural pursuits; and allow for other uses as provided in this chapter. [Ord. 08-29, 2008].

The following uses are permitted outright in the Rural Residential District:

a. Single-family dwelling;

b. Duplex dwelling;

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

d. Public parks and playgrounds;

e. Rooming house, bed and breakfast and hostel;

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

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

1. Other than normal household pets, no poultry or livestock may be housed and no fenced runs may be located within 100 feet of any residence other than the dwelling on the same lot;

2. No retail or wholesale business sales office is maintained on the premises;

h. Private stables;

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

j. 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;

k. 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;

l. 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;

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

n. Mobile homes, subject to the requirements of HCC 21.54.100;

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

p. Recreational vehicles, subject to the requirements of HCC 21.54.320;

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

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

s. 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. [Ord. 23-40 § 1, 2023; Ord. 22-68(A) § 1, 2022; Ord. 16-14 § 1, 2016; Ord. 14-09(A) § 1, 2014; Ord. 11-23(A) § 1, 2011; Ord. 09-34(A) § 4, 2009; Ord. 08-29, 2008].

The following uses may be permitted in the Rural Residential District when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC:

a. Planned unit development, limited to residential uses only;

b. Religious, cultural and fraternal assembly;

c. Cemeteries;

d. Kennels;

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

f. Mobile home parks;

g. Public utility facilities and structures;

h. Pipelines and railroads;

i. 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;

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

k. Group care home;

l. Assisted living home;

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

n. Indoor recreational facilities;

o. Outdoor recreational facilities;

p. Public school and private school;

q. 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. [Ord. 23-40 § 1, 2023; Ord. 22-68(A) § 1, 2022; Ord. 14-49(A) § 2, 2014; Ord. 09-34(A) § 5, 2009; Ord. 08-29, 2008].

The following dimensional requirements shall apply to all structures and uses in the Rural Residential District:

a. Lot Size.

1. The minimum lot area shall be 40,000 square feet, plus 40,000 square feet for each dwelling unit in excess of one unit in areas not served by public sewer and water.

2. Each lot shall contain a minimum of 20,000 square feet, plus 20,000 square feet per dwelling unit in excess of one unit if one of the following conditions exists:

a. The lot is served by public water supply approved by the State Department of Environmental Conservation; or

b. The lot is served by public or community sewer approved by the State Department of Environmental Conservation.

3. Each lot shall contain a minimum of 10,000 square feet, plus 10,000 square feet per dwelling unit in excess of one unit if the lot is served by both public water and sewer that satisfy both conditions of subsection (a)(2) of this section.

b. Building Setbacks.

1. Buildings shall be set back 20 feet from all dedicated rights-of-way, except as allowed by subsection (b)(3) of this section;

2. Buildings shall be set back from all other lot boundary lines according to the number of stories as follows:

3. Adjacent to those rights-of-way that lead to Kachemak Bay and have been determined to be unsuitable for road construction by resolution of the City Council, all buildings shall be set back from the boundary of the right-of-way according to the number of stories as provided in subsection (b)(2) of this section.

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

d. 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. [Ord. 08-29, 2008].

All development in this district shall comply with the level one site development standards contained in HCC 21.50.020. [Ord. 08-29, 2008].

The level one lighting standards of HCC 21.59.030 apply to all developments in this district. [Ord. 19-26(S) § 1, 2019].

The Urban Residential District is primarily intended to provide a sound environment for medium-density residential occupancy including single-family, duplex and low-rise multiple-family dwellings of various types and designs and other compatible uses as provided in this chapter. [Ord. 08-29, 2008].

The following uses are permitted outright in the Urban Residential District:

a. Single-family dwelling, excluding mobile home;

b. Duplex dwelling, excluding mobile home;

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

d. Public parks and playgrounds;

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

f. Rooming house, bed and breakfast and hostel;

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

h. 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;

i. 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;

j. 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;

k. 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;

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

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

n. Open space, not including outdoor recreational facilities;

o. Public schools and private schools;

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

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

r. Townhouse developments. [Ord. 23-40 § 2, 2023; Ord. 22-68(A) § 2, 2022; Ord. 11-44(S) § 1, 2011; Ord. 11-23(A) § 2, 2011; Ord. 09-34(A) § 6, 2009; Ord. 08-29, 2008].

The following uses may be permitted in the Urban Residential District when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC:

a. Planned unit development, excluding all industrial uses;

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

c. Religious, cultural and fraternal assembly;

d. Pipelines;

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

f. 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;

g. Group care home;

h. Assisted living home;

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

j. Indoor recreational facilities;

k. Outdoor recreational facilities;

l. 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. [Ord. 23-40 § 2, 2023; Ord. 22-68(A) § 2, 2022; Ord. 14-49(A) § 3, 2014; Ord. 09-34(A) § 7, 2009; Ord. 08-29, 2008].

The following dimensional requirements shall apply to all structures and uses in the Urban Residential District:

a. Lot Size.

1. For single-family and duplex dwelling structures, there shall be a minimum lot area of 7,500 square feet.

2. Multiple-family dwelling containing three or more units shall meet the following standards:

a. The total floor area shall not be more than four-tenths the lot area;

b. The total open area shall be at least 1.1 times the total floor area. Open area is any portion of the lot not covered or used for parking spaces and maneuvering.

b. Building Setbacks.

1. Buildings shall be set back 20 feet from all dedicated rights-of-way, except as allowed by subsection (b)(3) of this section;

2. Buildings shall be set back from all other lot boundary lines according to the number of stories as follows:

3. Adjacent to those rights-of-way that lead to Kachemak Bay and have been determined to be unsuitable for road construction as set forth by resolution of the City Council, all buildings shall be set back from the boundary of the right-of-way according to the number of stories as provided in subsection (b)(2) of this section.

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

d. 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. [Ord. 08-29, 2008].

All development in the Urban Residential District shall comply with the level one site development standards contained in HCC 21.50.020. [Ord. 08-29, 2008].

The level one lighting standards of HCC 21.59.030 apply to all developments in this district. [Ord. 19-26(S) § 2, 2019].

The Residential Office District is primarily intended for a mixture of low-density to medium-density residential uses and certain specified businesses and offices, which may include professional services, administrative services and personal services, but generally not including direct retail or wholesale transactions except for sales that are incidental to the provision of authorized services. A primary purpose of the district is to preserve and enhance the residential quality of the area while allowing certain services that typically have low traffic generation, similar scale and similar density. The district provides a transition zone between commercial and residential neighborhoods. [Ord. 08-29, 2008].

The following uses are permitted outright in the Residential Office District:

a. Single-family and duplex dwelling, excluding mobile homes;

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

c. Public parks and playgrounds;

d. Rooming house, bed and breakfast and hostel;

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

f. Professional offices and general business offices;

g. Personal services;

h. Museums, libraries and similar institutions;

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

j. Religious, cultural and fraternal assembly;

k. 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;

l. 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;

m. 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;

n. 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;

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

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

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

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

s. Townhouses;

t. Mortuaries;

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

v. Repealed by Ord. 23-40;

w. Group care homes;

x. Studio. [Ord. 25-20 § 3, 2025; Ord. 23-40 § 3, 2023; Ord. 22-68(A) § 3, 2022; Ord. 11-44(S) § 2, 2011; Ord. 11-23(A) § 3, 2011; Ord. 09-34(A) § 8, 2009; Ord. 08-29, 2008].

The following uses may be permitted in the Residential Office District when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC:

a. Planned unit developments, excluding all industrial uses;

b. Public or private schools;

c. Medical clinics;

d. Public utility facilities and structures;

e. 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;

f. Other uses approved pursuant to HCC 21.04.020;

g. More than one building containing a permitted principal use on a lot. [Ord. 23-40 § 3, 2023; Ord. 22-68(A) § 3, 2022; Ord. 14-49(A) § 4, 2014; Ord. 10-06 § 1, 2010; Ord. 09-34(A) § 9, 2009; Ord. 08-29, 2008].

The following dimensional requirements shall apply to all structures and uses in the Residential Office District:

a. The minimum lot size is 7,500 square feet.

b. Building Setbacks.

1. Buildings shall be set back 20 feet from all dedicated rights-of-way.

2. Residential buildings shall be set back from all other lot boundary lines according to the number of stories as follows:

3. Nonresidential buildings shall be set back 15 feet from all other lot boundary lines, except that this setback may be reduced to not less than the setback that would apply under subsection (b)(2) of this section if the reduction is approved by the State Fire Marshal.

c. The maximum building height shall be 35 feet.

d. 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.

e. 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. [Ord. 22-68(A) § 3, 2022; Ord. 10-06 § 2, 2010; Ord. 08-29, 2008].

a. 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.

b. 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. [Ord. 08-29, 2008].

A conditional use permit is required for every use that:

a. 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;

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

c. 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

d. 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. [Ord. 13-27 § 2, 2013; Ord. 10-06 § 4, 2010].

a. 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.

b. 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. [Ord. 10-06 § 3, 2010; Ord. 08-29, 2008].

The nuisance standards of HCC 21.59.010 apply to all development, uses, and structures in this zoning district. [Ord. 10-06 § 5, 2010].

The level one lighting standards of HCC 21.59.030 apply to all development, uses, and structures in this zoning district. [Ord. 10-06 § 6, 2010].

The purpose of the Medical District is to provide an area near the hospital to support medical facilities and other professional office and limited commercial uses. The district is meant to accommodate a mixture of residential and nonresidential uses. Pedestrian-friendly designs and amenities are encouraged. [Ord. 20-59(A) § 1, 2020].

The following uses are permitted outright in the Medical District:

a. Single-family and duplex dwelling, excluding mobile homes;

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

c. Public parks and playgrounds;

d. Rooming house, bed and breakfast;

e. Townhouses (compliant with HCC 21.53.010(g) and (h));

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

g. Professional offices and general business offices;

h. Clinics;

i. Day care facilities;

j. Day care homes;

k. Personal services;

l. Museums, libraries and similar institutions;

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

n. Religious, cultural and fraternal assembly;

o. 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;

p. 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;

q. 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;

r. 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;

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

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

u. Mobile food services;

v. Retail as an accessory use to a permitted principal use;

w. Sale of durable and nondurable medical supplies and equipment;

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

y. Parking lots. [Ord. 20-59(A) § 1, 2020].

The following uses may be permitted in the Medical District when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC:

a. Planned unit developments, excluding all industrial uses;

b. Public or private schools;

c. Hospitals;

d. Public utility facilities and structures;

e. Mortuaries;

f. Group care homes;

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

h. 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;

i. Other uses approved pursuant to HCC 21.04.020;

j. Parking garage. [Ord. 20-59(A) § 1, 2020].

The following dimensional requirements shall apply to all structures and uses in the Medical District:

a. The minimum lot size is 7,500 square feet.

b. Building Setbacks.

1. Buildings shall be set back 20 feet from all dedicated rights-of-way.

2. All buildings shall be set back from all other lot boundary lines according to the number of stories as follows:

c. Building Height. The maximum building height is 35 feet.

d. No lot shall contain more than 8,000 square feet of building area (all buildings combined), nor shall any lot contain building area in excess of 30 percent of the lot area, without an approved conditional use permit. [Ord. 20-59(A) § 1, 2020].

a. 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.

b. 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. [Ord. 20-59(A) § 1, 2020].

A conditional use permit is required for every use that:

a. 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;

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

c. 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

d. 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. [Ord. 20-59(A) § 1, 2020].

a. 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.

b. 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.

c. 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. [Ord. 20-59(A) § 1, 2020].

The nuisance standards of HCC 21.59.010 apply to all development, uses, and structures in this zoning district. [Ord. 20-59(A) § 1, 2020].

The level one lighting standards of HCC 21.59.030 apply to all development, uses, and structures in this zoning district. [Ord. 20-59(A) § 1, 2020].

The purpose of the Central Business District is primarily to provide a centrally located area within the City for general retail shopping, personal and professional services, educational institutions, entertainment establishments, restaurants and other business uses listed in this chapter. The district is meant to accommodate a mixture of residential and nonresidential uses with conflicts being resolved in favor of nonresidential uses. Pedestrian-friendly designs and amenities are encouraged. [Ord. 08-29, 2008].

The following uses are permitted outright in the Central Business District, except when such use requires a conditional use permit by reason of size, traffic volumes, or other reasons set forth in this chapter:

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

b. Personal service establishments;

c. Professional offices and general business offices;

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

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

f. Hotels and motels;

g. Mortuaries;

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

i. Floatplane tie-up facilities and air charter services;

j. Parks;

k. 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;

l. 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;

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

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

o. Ministorage;

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

q. Religious, cultural, and fraternal assembly;

r. Entertainment establishments;

s. Public, private and commercial schools;

t. Museums and libraries;

u. Studios;

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

w. Publishing, printing and bookbinding;

x. 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;

y. 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;

z. Mobile food services;

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

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

cc. Rooming house, bed and breakfast and hostel;

dd. 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;

ee. Farmers’ market;

ff. Dormitory;

gg. Financial institutions;

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

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

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

kk. Medical clinics;

ll. Greenhouses and garden supplies;

mm. Repealed by Ord. 23-40;

nn. Group care homes and assisted living homes;

oo. Indoor and outdoor recreational facilities. [Ord. 23-40 § 4, 2023; Ord. 22-68(A) § 4, 2022; Ord. 19-31 § 1, 2019; Ord. 16-04(A-2)(S-3) § 1, 2016; Ord. 11-44(S) § 3, 2011; Ord. 11-23(A) § 4, 2011; Ord. 09-34(A) § 10, 2009; Ord. 08-29, 2008].

The following uses may be permitted in the Central Business District when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC:

a. Planned unit developments, excluding all industrial uses;

b. Mobile home parks;

c. Auto fueling stations;

d. Public utility facilities and structures;

e. Pipeline;

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

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

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

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

j. 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;

k. Other uses approved pursuant to HCC 21.04.020. [Ord. 22-68(A) § 4, 2022; Ord. 14-49(A) § 5, 2014; Ord. 09-34(A) § 11, 2009; Ord. 08-29, 2008].

The following dimensional requirements shall apply to all structures and uses in the Central Business District:

a. Lot Size.

1. The minimum lot area shall be 6,000 square feet. Lawful nonconforming lots of smaller size may be newly developed and used if off-site parking is provided in accordance with the City parking code, Chapter 21.55 HCC;

2. Multiple-family dwelling containing three or more units shall meet the standards in HCC 21.14.040(a)(2);

3. Townhouses shall meet the standards in HCC 21.53.010.

b. Building Setbacks.

1. Buildings shall be set back 20 feet from all dedicated rights-of-way, except as allowed by subsection (b)(4) of this section.

2. Nonresidential buildings shall be set back five feet from all other lot boundary lines except the minimum setback shall be two feet from all other boundary lines when firewalls are provided and access to the rear of the building is otherwise provided (e.g., alleyways) as defined by the State Fire Code and enforced by the State Fire Marshal.

3. Residential buildings shall be set back five feet from all other lot boundary lines.

4. If approved by a conditional use permit, the setback from a dedicated right-of-way, except from the Sterling Highway or Lake Street, may be reduced.

5. Alleys are not subject to a 20-foot setback requirement. The setback requirements from any lot line abutting an alley will be determined by the dimensional requirements of subsections (b)(1) and (2) of this section.

6. Any attached or detached accessory building shall maintain the same yards and setbacks as the main building.

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

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

e. Building Area and Dimensions – Retail and Wholesale.

1. The total floor area of retail and wholesale business uses within a single building shall not exceed 75,000 square feet.

2. No conditional use permit, planned unit development, or variance may be granted that would allow a building to exceed the limits of subsection (e)(1) of this section and no nonconforming use or structure may be expanded in any manner that would increase its nonconformance with the limits of subsection (e)(1) of this section. [Ord. 22-68(A) § 4, 2022; Ord. 08-40 § 1, 2008; Ord. 08-30(S)(A) § 1, 2008; Ord. 08-29, 2008].

A zoning permit for any building or structure within the Central Business District shall not be issued by the City without a site plan and a level two right-of-way access plan approved by the City under Chapter 21.73 HCC. [Ord. 08-29, 2008].

A conditional use permit is required for every use that:

a. 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;

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

c. 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

d. 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. [Ord. 13-27 § 3, 2013; Ord. 08-29, 2008].

All development on lands in this zoning district shall conform to the level two site development standards set forth in HCC 21.50.030. [Ord. 08-29, 2008].

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

b. 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.

c. 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. [Ord. 08-29, 2008].

The level one lighting standards of HCC 21.59.030 apply to all developments, structures and uses in this district. [Ord. 08-29, 2008].

The primary purpose of the Town Center District is to provide a centrally located area in Homer for a core business area and a community focal point. Pedestrian-friendly designs and amenities are encouraged. [Ord. 08-29, 2008].

The following uses are permitted outright in the Town Center District, except when such use requires a conditional use permit by reason of size, traffic volumes, or other reasons set forth in this chapter:

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

b. Personal service establishments;

c. Offices;

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

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

f. Hotels and motels;

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

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

i. Parks;

j. Financial institutions;

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

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

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

n. Religious, cultural and fraternal assemblies;

o. Entertainment establishments;

p. Private, public, and commercial schools;

q. Museums and libraries;

r. Studios;

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

t. Publishing, printing and bookbinding;

u. Mobile food services on City-owned land only;

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

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

x. Rooming house, bed and breakfast and hostel;

y. Farmers’ market;

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

aa. Greenhouse and garden supplies;

bb. Indoor and outdoor recreational facilities;

cc. Group care and assisted living facilities;

dd. Self-service laundries. [Ord. 22-68(A) § 5, 2022; Ord. 11-23(A) § 5, 2011; Ord. 08-29, 2008].

The following uses may be permitted in the Town Center District when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC:

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

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

c. Other uses approved pursuant to HCC 21.04.020;

d. 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;

e. 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. [Ord. 23-08 § 1, 2023; Ord. 22-68(A) § 5, 2022; Ord. 09-34(A) § 13, 2009; Ord. 08-29, 2008].

The following dimensional requirements shall apply to all uses in the Town Center District:

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

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

1. All buildings must be set back from the Sterling Highway right-of-way by 20 feet or more, without exception.

2. From all other street rights-of-way, all buildings must be set back not less than 10 and not more than 20 feet, except as allowed by subsection (b)(4) of this section.

3. All buildings must be set back five feet from all other lot boundary lines, except the minimum setback shall be two feet from all other boundary lines when approved by the State Fire Marshal.

4. If approved by a conditional use permit, the distance for a required setback from a street right-of-way, except the Sterling Highway right-of-way, may be reduced or increased.

5. Alleys are not subject to the setback requirements of subsections (b)(1) and (2) of this section. All buildings must be set back at least five feet from alley rights-of-way, without exception.

6. Any attached or detached accessory building shall maintain the same yards and setbacks as the main building.

c. Building Height.

1. The maximum building height shall be 35 feet, except as provided in subsection (c)(2) of this section.

2. Where a suitable fire suppression system is provided a building may exceed 35 feet in height, if and to the extent approved by a conditional use permit.

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

e. Building Area and Dimensions – Retail and Wholesale.

1. The total floor area of retail and wholesale business uses within a single building shall not exceed 75,000 square feet.

2. No conditional use permit, planned unit development, or variance may be granted that would allow a building to exceed the limits of subsection (e)(1) of this section, and no nonconforming use or structure may be expanded in any manner that would increase its nonconformance with the limits of subsection (e)(1) of this section.

3. Any building the main use of which is retail business, wholesale business, or a combination of the two shall not exceed 75,000 square feet of footprint area. [Ord. 08-30(S)(A) § 1, 2008; Ord. 08-29, 2008].

a. 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.

b. Architecture based upon generic franchise design is prohibited.

1. Where buildings of generic franchise design are proposed, design architecture is instead encouraged to conform with the architectural section of the Community Design Manual.

2. Buildings of less than 8,000 square feet of building area are exempt from the siding and trim and color sections of the manual.

c. Architecturally integrated artwork is encouraged.

d. Fences shall comply with the Community Design Manual.

e. All development shall comply with the commercial streetscape guidelines of site design section of the Community Design Manual. [Ord. 08-29, 2008].

a. 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.

b. 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. [Ord. 08-29, 2008].

a. 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.

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

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

d. All utilities in the district are required to be underground.

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

1. Landscaping shall emphasize native materials, including ground cover, shrubs and trees.

2. Not less than 15 percent of the area of the lot(s) shall be landscaped. Landscaping may consist of a combination of the following, and must include all elements required by the following or any other sections of the code:

a. Buffers. To be included in the calculation of required landscaping, buffers along lot lines shall be not less than three feet in width.

b. Gardens. To be included in the calculation of required landscaping, a garden shall be not less than 10 feet in length or width as measured at its shortest dimension. In addition to landscaping, a garden may include amenities, such as pedestrian seating areas, art, sand boxes, flower and ornamental gardens, paths, bike racks, outdoor restaurant seating, and other similar structures incidental to use of the building. No more than 50 percent of a garden may have an impervious cover, e.g., pavement, brickwork, and decking. Any decks or patios included in the calculation of a garden shall be at or near ground level. Use of grass, wood chips, or natural surfaces is preferred over areas paved with asphalt or concrete. A landscaped stormwater detention area may be included in a garden or buffer.

c. Use of landscaping to buffer the public view of the backs of buildings and loading areas is encouraged.

d. Parking Lots. Parking lots shall include landscaping as follows:

i. A minimum of 10 percent of the parking area of parking lots with 35 spaces or more shall be landscaped in islands, dividers, or a combination of the two. Any island or divider must be:

(1) Large enough and designed to ensure plant survivability; and

(2) Large enough to break up the visual bulk and scale of the parking lot;

ii. Parking lots with 24 spaces or more will have a minimum 10-foot landscaped buffer adjacent to road rights-of-way;

iii. Parking lots with only one single-loaded or one double-loaded aisle that have a 15-foot minimum landscaped buffer adjacent to road rights-of-way are excluded from the requirement of subsection (e)(2)(d)(i)(1) of this section.

e. A buffer of 15 feet minimum width is required from the top of the bank of any defined drainage channel or stream.

3. Topsoil addition, final grading, seeding, and all plantings of flora must be completed within nine months of substantial completion of the project, or within the first growing season after substantial completion of the project, whichever comes first. Required landscaping will be maintained thereafter, with all shrubs, trees, and ground cover being replaced as needed. [Ord. 08-29, 2008].

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

b. 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.

c. 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. [Ord. 08-29, 2008].

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

b. All lighting shall comply with the building lighting and outdoor lighting sections of the Community Design Manual. [Ord. 08-29, 2008].

A conditional use permit is required for every use that:

a. 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;

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

c. 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

d. 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. [Ord. 13-27 § 4, 2013; Ord. 08-29, 2008].

The purpose of the Gateway Business District is primarily to promote mixed use development, with an emphasis on visitor-oriented business. Conflicts between residential and business uses are resolved in favor of business. Among the goals of the Gateway Business District regulations are the minimization of future traffic congestion along the Sterling Highway corridor, and preservation of the favorable experience residents and visitors have when entering Homer by way of the Sterling Highway. [Ord. 08-29, 2008].

The following uses are permitted outright in the Gateway Business District, except when such use requires a conditional use permit by reason of size, traffic volumes, or other reasons set forth in this chapter:

a. Retail business;

b. General business offices and professional offices;

c. Restaurants and clubs;

d. Hotels and motels;

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

f. Open space;

g. Financial institutions;

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

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

j. Religious, cultural, and fraternal assembly;

k. Entertainment establishments;

l. Museums and libraries;

m. Public and private schools;

n. Studios;

o. Rooming house, bed and breakfast and hostel;

p. Personal service establishments;

q. 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. [Ord. 23-40 § 5, 2023; Ord. 22-68(A) § 6, 2022; Ord. 11-23(A) § 6, 2011; Ord. 08-29, 2008].

The following conditional uses may be permitted in the Gateway Business District when authorized in accordance with Chapter 21.71 HCC:

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

b. 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.

c. Other uses approved pursuant to HCC 21.04.020. [Ord. 23-40 § 5, 2023; Ord. 22-68(A) § 6, 2022; Ord. 09-34(A) § 15, 2009; Ord. 08-29, 2008].

The following dimensional requirements shall apply to all structures and uses in the Gateway Business District:

a. Lot Size.

1. The minimum lot area shall be 20,000 square feet. Lawfully existing smaller lot sizes may be newly developed and used subject to the provision of off-site parking as specified in the City parking code, Chapter 21.55 HCC;

2. Multiple-family dwellings shall meet the standards in HCC 21.14.040(a)(2);

3. Townhouses shall meet the standards in HCC 21.53.010.

b. Building Setbacks.

1. Buildings shall be set back 20 feet from all dedicated rights-of-way, except as allowed by subsection (b)(4) of this section.

2. Commercial buildings shall be set back five feet from all other lot boundary lines, except the minimum setback shall be two feet from all other boundary lines when firewalls are provided and access to the rear of the building is otherwise provided (e.g., alleyways) as defined by the State Fire Code and enforced by the State Fire Marshal.

3. Residential buildings shall be set back five feet from all other lot boundary lines.

4. If approved by a conditional use permit, the setback from a dedicated right-of-way may be reduced.

5. Alleys are not subject to a 20-foot setback requirement from dedicated rights-of-way. The setback requirements from any lot line abutting an alley will be determined by the dimensional requirements of subsections (b)(2) and (3) of this section.

6. Any attached or detached accessory building shall maintain the same yards and setbacks as the main building.

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

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

e. Building Area and Dimensions – Retail.

1. The total floor area of retail business uses within a single building shall not exceed 8,000 square feet.

2. In buildings with more than 8,000 square feet of building area retail business use (not including the area for stocking and warehousing) is limited to no more than 8,000 square feet of floor area. [Ord. 22-68(A) § 6, 2022; Ord. 13-27 § 5, 2013; Ord. 08-29, 2008].

Any use, lot or structure that is made nonconforming by adoption or amendment of this chapter shall not be expanded in any manner that would in any way increase the nonconformity. [Ord. 08-29, 2008].

a. 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.

b. 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.

c. Architecturally integrated artwork is encouraged. [Ord. 08-29, 2008].

a. 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.

b. 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. [Ord. 08-29, 2008].

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

b. All parking lots and vehicular ways in a development will be paved. [Ord. 08-29, 2008].

All uses and structures in the GBD shall conform to the nuisance standards contained in HCC 21.59.010. [Ord. 08-29, 2008].

All uses and structures in the GBD shall conform to the level one lighting standards contained in HCC 21.59.030. [Ord. 08-29, 2008].

A conditional use permit is required for every use that:

a. 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;

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

c. 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

d. 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. [Ord. 13-27 § 6, 2013; Ord. 08-29, 2008].

The General Commercial 1 (GC1) District is primarily intended to provide sites for businesses that require direct motor vehicle access and may require larger land area, and to provide business locations in proximity to arterials and transportation centers. It is also intended to minimize congestion and adverse effects on adjacent residential districts and on the appearance of the community. [Ord. 08-29, 2008].

The following uses are permitted outright in the General Commercial 1 District, except when such use requires a conditional use permit by reason of size, traffic volumes, or other reasons set forth in this chapter:

a. Air charter operations and floatplane tie-up facilities;

b. General business offices and professional offices;

c. Dwelling units located in buildings primarily devoted to business uses;

d. Auto repair;

e. Auto and trailer sales or rental areas;

f. Auto fueling stations and drive-in car washes;

g. Building supply and equipment sales and rentals;

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

i. Garden supplies and greenhouses;

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

k. Hotels and motels;

l. Lumberyards;

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

n. Mortuaries;

o. Open air businesses;

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

q. Manufacturing, fabrication and assembly;

r. Publishing, printing and bookbinding;

s. Recreation vehicle sales, rental, service and repair;

t. Retail businesses;

u. Trade, skilled or industrial schools;

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

w. Welding and mechanical repair;

x. Parks and open space;

y. Appliance sales and service;

z. Warehousing, commercial storage and mini-storage;

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

bb. 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;

cc. Dry cleaning, laundry, and self-service laundries;

dd. Taxi operation;

ee. Mobile food services;

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

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

hh. 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;

ii. Rooming house and bed and breakfast;

jj. Dormitory;

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

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

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

nn. Indoor and outdoor recreational facilities;

oo. Studio. [Ord. 25-20 § 1, 2025; Ord. 23-40 § 5, 2023; Ord. 22-68(A) § 7, 2022; Ord. 19-41 § 1, 2019; Ord. 16-04(A-2)(S-3) § 2, 2016; Ord. 09-34(A) § 16, 2009; Ord. 08-29, 2008].

The following uses may be permitted in the General Commercial 1 District when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC:

a. Campgrounds;

b. Crematoriums;

c. Multiple-family dwelling;

d. Public utility facility or structure;

e. Mobile home parks;

f. Planned unit developments;

g. Townhouses;

h. Pipelines;

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

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

k. Other uses approved pursuant to HCC 21.04.020. [Ord. 23-40 § 5, 2023; Ord. 22-68(A) § 7, 2022; Ord. 14-49(A) § 6, 2014; Ord. 08-29, 2008].

The following dimensional requirements shall apply to all structures and uses in the General Commercial 1 District:

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

b. Building Setbacks.

1. All buildings shall be set back 20 feet from all dedicated rights-of-way. Alleys are not subject to a 20-foot setback requirement. The setback requirements from any lot line abutting an alley will be determined by the dimensional requirements of subsections (b)(2) and (3) of this section;

2. Buildings shall be set back five feet from all other lot boundary lines unless adequate firewalls are provided and adequate access to the rear of the building is otherwise provided (e.g., alleyways) as defined by the State Fire Code and enforced by the State Fire Marshal;

3. Any attached or detached accessory building shall maintain the same yards and setbacks as the main building.

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

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

e. Building Area and Dimensions – Retail and Wholesale.

1. In that area south of Beluga Lake, identified as the Ocean Drive GC1: the total square feet of floor area of retail and wholesale business uses within a single building shall not exceed 75,000 square feet.

2. In that area east of Alder Lane, identified as the East End Road GC1: the total square feet of floor area of retail and wholesale business uses within a single building shall not exceed 75,000 square feet.

3. In that area west of Baycrest Park, identified as Scenic Gateway GC1: the total square feet of floor area of retail and wholesale business uses within a single building shall not exceed 35,000 square feet.

4. No conditional use permit, planned unit development, or variance may be granted that would allow a building to exceed the limits of subsections (e)(1), (2) and (3) of this section and no nonconforming use or structure may be expanded in any manner that would increase its nonconformance with the limits of subsections (e)(1), (2) and (3) of this section.

f. Screening. When one or more side or rear lot lines abut land within an RO, RR, or UR district or when a side or rear yard area is to be used for parking, loading, unloading or servicing, then those side and rear yard areas shall be effectively screened by a wall, fence, or other sight-obscuring screening. Such screening shall be of a height adequate to screen activity on the lot from outside view by a person of average height standing at street level. [Ord. 22-68(A) § 7, 2022; Ord. 08-40 § 2, 2008; Ord. 08-30(S)(A) § 1, 2008; Ord. 08-29, 2008].

a. 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.

b. 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. [Ord. 08-29, 2008].

A conditional use permit is required for every use that:

a. 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;

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

c. 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

d. 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. [Ord. 13-27 § 7, 2013; Ord. 08-29, 2008].

All development on lands in this district shall conform to the level two site development standards set forth in HCC 21.50.030. [Ord. 08-29, 2008].

The nuisance standards of HCC 21.59.010 apply to all development, uses, and structures in this zoning district. [Ord. 08-29, 2008].

The level one lighting standards of HCC 21.59.030 apply to all development, uses, and structures in this zoning district. [Ord. 08-29, 2008].

The purpose of the General Commercial 2 District is primarily to provide a sound area for heavy commercial and industrial uses within the community designed to permit manufacturing, processing, assembly, packaging, or treatment of products and other uses described in this chapter. Residential uses and certain retail enterprises are purposely limited. [Ord. 08-29, 2008].

The following uses are permitted outright in the General Commercial 2 District, except when such use requires a conditional use permit by reason of size, traffic volumes, or other reasons set forth in this chapter:

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

b. Construction, assembly and storage of boats and boat equipment;

c. Manufacturing, fabrication and assembly;

d. Research and development laboratories;

e. Trade, skills or industrial schools;

f. Publishing, printing and bookbinding facilities;

g. 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;

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

i. Airports and air charter operations;

j. Underground bulk petroleum storage;

k. Cold storage facilities;

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

m. Mobile commercial structures;

n. 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;

o. Taxi operation;

p. Mobile food services;

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

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

s. Hotels and motels;

t. Dormitory;

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

v. Open air business;

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

x. Impound yards;

y. Repealed by Ord. 23-40;

z. Indoor and outdoor recreational facilities;

aa. Studio. [Ord. 25-20 § 2, 2025; Ord. 23-40 § 6, 2023; Ord. 22-68(A) § 8, 2022; Ord. 19-41 § 2, 2019; Ord. 16-04(A-2)(S-3) § 3, 2016; Ord. 14-49(A) § 7, 2014; Ord. 14-20(S) § 1, 2014; Ord. 09-34(A) § 17, 2009; Ord. 08-29, 2008].

The following uses may be permitted in the General Commercial 2 District when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC:

a. Construction camps;

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

c. Bulk petroleum product storage above ground;

d. Planned unit developments, excluding residential uses;

e. Campgrounds;

f. Junk yard;

g. Kennels;

h. Public utility facilities and structures;

i. Pipelines;

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

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

l. Other uses approved pursuant to HCC 21.04.020. [Ord. 23-40 § 6, 2023; Ord. 22-68(A) § 8, 2022; Ord. 08-29, 2008].

The following dimensional requirements shall apply to all structures and uses in the General Commercial 2 District:

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

b. Building Setbacks.

1. Buildings shall be set back 20 feet from all dedicated rights-of-way. Alleys are not subject to a 20-foot setback requirement. The setback requirements from any lot line abutting an alley will be determined by the dimensional requirements of subsection (b)(2) of this section.

2. Buildings shall be set back 10 feet from all other lot boundary lines.

3. Any accessory building shall maintain the same yards and setbacks as the main building.

c. Building Height.

1. The maximum building height is 35 feet, except as provided in subsection (c)(2) of this section.

2. If approved by conditional use permit, buildings up to 55 feet in height may be allowed.

d. Repealed by Ord. 22-68(A).

e. Building Area and Dimensions – Retail and Wholesale.

1. The total floor area of retail and wholesale business uses within a single building shall not exceed 75,000 square feet.

2. No conditional use permit, planned unit development or variance may be granted that would allow a building to exceed the limits of subsection (e)(1) of this section and no nonconforming use or structure may be expanded in any manner that would increase its nonconformance with the limits of subsection (e)(1) of this section. [Ord. 22-68(A) § 8, 2022; Ord. 08-40 § 3, 2008; Ord. 08-30(S)(A) § 1, 2008; Ord. 08-29, 2008].

a. 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.

b. No zoning permit may be granted without a level two right-of-way access plan approved by the City under Chapter 21.73 HCC. [Ord. 08-29, 2008].

A conditional use permit is required for every use that:

a. 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;

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

c. 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

d. 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. [Ord. 13-27 § 8, 2013; Ord. 08-29, 2008].

All development shall conform to the site development requirements contained in HCC 21.50.030. [Ord. 08-29, 2008].

The nuisance standards of HCC 21.59.010 apply to all development, uses, and structures in this zoning district. [Ord. 08-29, 2008].

The level one lighting standards of HCC 21.59.030 apply to all development, uses, and structures in this zoning district. [Ord. 08-29, 2008].

The East End Mixed Use (EEMU) District is primarily intended to provide sites for businesses that require direct motor vehicle access and may require larger land area. The district is meant to accommodate a mixture of existing and accessory residential with nonresidential uses. When a conflict exists between residential and nonresidential uses conflicts shall be resolved in favor of nonresidential uses. [Ord. 12-10 § 1, 2012].

The following uses are permitted outright in the East End Mixed Use District, except when such use requires a conditional use permit by reason of size, traffic volumes, or other reasons set forth in this chapter:

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

b. Drive-in car washes;

c. Building supply and equipment sales and rentals;

d. Garden supplies and greenhouses;

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

f. Welding and mechanical repair;

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

h. Religious, cultural, and fraternal assembly;

i. Studios;

j. Personal services;

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

l. Private stables;

m. Storage of heavy equipment, vehicles or boats;

n. Plumbing, heating and appliance service shops;

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

p. Mortuaries and crematoriums;

q. Open air businesses;

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

s. Manufacturing, fabrication and assembly;

t. Retail businesses;

u. Trade, skilled or industrial schools;

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

w. Parks and open space;

x. Warehousing, commercial storage and mini-storage;

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

z. Dry cleaning, laundry, and self-service laundries;

aa. Mobile food services;

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

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

dd. Research and development laboratories;

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

ff. Cold storage facilities;

gg. Mobile commercial structures;

hh. 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;

ii. 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;

jj. 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;

kk. Taxi operation;

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

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

nn. 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;

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

pp. Indoor and outdoor recreational facilities. [Ord. 22-68(A) § 9, 2022; Ord. 16-04(A-2)(S-3) § 4, 2016; Ord. 12-10 § 1, 2012].

The following conditional uses may be permitted in the East End Mixed Use District when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC:

a. Construction camps;

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

c. Auto fueling stations;

d. Bulk petroleum product storage;

e. Planned unit developments;

f. Junk yard;

g. Kennels;

h. Public utility facilities and structures;

i. Impound yards;

j. Repealed by Ord. 22-68(A);

k. Repealed by Ord. 22-68(A);

l. Other uses approved pursuant to HCC 21.04.020. [Ord. 22-68(A) § 9, 2022; Ord. 12-10 § 1, 2012].

The following dimensional requirements shall apply to all structures and uses in the East End Mixed Use District:

a. Lot Size.

1. The minimum area of a lot that is not served by public sewer or water shall be 40,000 square feet.

2. The minimum area of a lot that is served by either a public water supply approved by the State Department of Environmental Conservation or a public or community sewer approved by the State Department of Environmental Conservation shall be 20,000 square feet.

3. The minimum area of a lot that is served by both a public water supply approved by the State Department of Environmental Conservation and a public or community sewer approved by the State Department of Environmental Conservation shall be 10,000 square feet.

b. Building Setbacks.

1. All buildings shall be set back 20 feet from all dedicated rights-of-way other than alleys, except that adjacent to rights-of-way that lead to Kachemak Bay and have been determined to be unsuitable for road construction by resolution of the City Council, all buildings shall be set back from the boundary of the right-of-way according to the number of stories as follows:

2. The setback requirements from any lot line abutting an alley will be determined by the dimensional requirements of subsections (b)(3) and (4) of this section;

3. Buildings shall be set back five feet from all other lot boundary lines unless adequate firewalls are provided and adequate access to the rear of the building is otherwise provided (e.g., alleyways) as defined by the State Fire Code and enforced by the State Fire Marshal;

4. Any attached or detached accessory building shall maintain the same yards and setbacks as the main building.

c. Building Height.

1. The maximum building height shall be 35 feet, except as provided in subsection (c)(2) of this section.

2. When authorized by a conditional use permit, the maximum building height for a building used solely for commercial purposes shall be 75 feet. A building for which a conditional use permit has been issued under this subsection shall not contain dwelling units.

d. Repealed by Ord. 22-68(A).

e. 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.

f. Screening.

1. 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.

2. Outside storage of materials, equipment and trash/dumpsters adjacent to East End Road and Kachemak Drive shall be screened. Screening may consist of walls, fences, landscaped berms, evergreen plantings, or any combination thereof. [Ord. 22-68(A) § 9, 2022; Ord. 19-40 § 1, 2019; Ord. 12-10 § 1, 2012].

a. 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.

b. 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. [Ord. 12-10 § 1, 2012].

A conditional use permit is required for every use that:

a. 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;

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

c. 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

d. 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. [Ord. 13-27 § 9, 2013; Ord. 12-10 § 1, 2012].

All development on lands in this district shall conform to the level two site development standards set forth in HCC 21.50.030. [Ord. 12-10 § 1, 2012].

The nuisance standards of HCC 21.59.010(a) through (g)(1) apply to all development, uses, and structures in this zoning district. Open storage of materials and equipment is permitted, subject to the requirement that when a lot abuts a residential zoning district any outdoor storage of materials and equipment on the lot must be screened from the residential district by a wall, fence, or other sight-obscuring material. The screen must be a minimum of eight feet in height. [Ord. 12-10 § 1, 2012].

The level one lighting standards of HCC 21.59.030 apply to all development, uses, and structures in this zoning district. [Ord. 12-10 § 1, 2012].

The purpose of the Marine Commercial District is primarily for water-related and water-dependent uses and the business and commercial uses that serve and support them, including but not limited to fishing, marine transportation, off-shore energy development, recreation and tourism. It is recognized that unique natural features of Homer’s marine environment contribute significantly to the economic and social environments; therefore, performance standards are required to minimize the impact of development on the natural features on which they depend. [Ord. 08-29, 2008].

The following uses are permitted outright in the Marine Commercial District, except when such use requires a conditional use permit by reason of size, traffic volumes, or other reasons set forth in this chapter:

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

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

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

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

e. 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;

f. Mobile food services;

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

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

i. Restaurants;

j. Cold storage facilities;

k. Campgrounds;

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

m. Parks;

n. Boat launching or moorage facilities, marinas;

o. 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;

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

q. As an accessory use, one small wind energy system per lot. [Ord. 13-11(A) § 2, 2013; Ord. 09-34(A) § 18, 2009; Ord. 08-29, 2008].

The following uses may be permitted in the Marine Commercial District when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC:

a. Drinking establishments;

b. Public utility facilities and structures;

c. Hotels and motels;

d. Lodging;

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

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

g. Indoor recreational facilities;

h. Outdoor recreational facilities;

i. 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:

1. Not have a greater negative effect on the value of the adjoining property than a building located outside the setback area; and

2. Have a design that is compatible with that of the structures on the adjoining property. [Ord. 14-49(A) § 8, 2014; Ord. 13-11(A) § 3, 2013; Ord. 08-29, 2008].

The following dimensional requirements shall apply to all structures and uses in the Marine Commercial District:

a. 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.

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

1. Buildings shall be set back 20 feet from all dedicated rights-of-way. Alleys are not subject to a 20-foot setback requirement. The setback requirements from any lot line abutting an alley will be determined by the dimensional requirements of subsection (b)(2) of this section.

2. Buildings shall be set back five feet from all other lot boundary lines.

c. The maximum building height is 35 feet.

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

e. Building Area and Dimensions – Retail and Wholesale.

1. The total floor area of retail and wholesale business uses within a single building shall not exceed 25,000 square feet.

2. In no event may a conditional use permit, planned unit development, or variance be granted that would allow a building to exceed the limits of subsection (e)(1) of this section and no nonconforming use or structure may be expanded in any manner that would increase its nonconformance with the limits of subsection (e)(1) of this section. [Ord. 13-11(A) § 4, 2013; Ord. 08-29, 2008].

a. 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.

b. 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. [Ord. 08-29, 2008].

A conditional use permit is required for every use that:

a. 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;

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

c. 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

d. 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. [Ord. 13-27 § 10, 2013; Ord. 08-29, 2008].

All development on lands in this district shall conform to the level three site development standards set forth in HCC 21.50.040 and the following requirements:

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

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

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

d. Point source discharges to a waterway shall conform to the applicable regulations of the Alaska Department of Environmental Conservation. [Ord. 13-11(A) § 5, 2013; Ord. 08-29, 2008].

All development and structures shall conform to the nuisance standards contained in HCC 21.59.010. [Ord. 08-29, 2008].

All uses and development shall conform to the lighting standards contained in HCC 21.59.030. [Ord. 08-29, 2008].

The purpose of the Marine Industrial District is primarily to provide adequate space for those water-dependent industrial uses that require direct marine access for their operation, such as fishing, fish processing, marine transportation, off-shore oil development and tourism, giving priority to those water-dependent uses over other industrial, commercial and recreational uses. [Ord. 08-29, 2008].

The following uses are permitted outright in the Marine Industrial District, except when such use requires a conditional use permit by reason of size, traffic volumes, or other reasons set forth in this chapter:

a. Port and harbor facilities;

b. Manufacturing, processing and packing of sea products;

c. Cold storage;

d. Dry docks;

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

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

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

h. 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;

i. Mobile food services;

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

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

l. 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;

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

n. Restaurant as an accessory use;

o. Parks;

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

q. Boat sales, rentals, service, repair and storage, and boat manufacturing. [Ord. 19-50 § 1, 2019; Ord. 13-11(A) § 6, 2013; Ord. 09-34(A) § 19, 2009; Ord. 08-29, 2008].

The following uses may be permitted in the Marine Industrial District when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC:

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

b. Extractive enterprises related to other uses permitted in the district;

c. Campgrounds;

d. Bulk petroleum storage;

e. Helipads;

f. Heliports;

g. Indoor recreational facilities;

h. Outdoor recreational facilities;

i. Public utility facilities and structures;

j. 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:

1. Not have a greater negative effect on the value of the adjoining property than a building located outside the setback area; and

2. Have a design that is compatible with that of the structures on the adjoining property. [Ord. 19-50 § 2, 2019; Ord. 14-49(A) § 9, 2014; Ord. 13-11(A) § 7, 2013; Ord. 08-29, 2008].

The following dimensional requirements shall apply to all structures and uses in the Marine Industrial District:

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

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

1. Buildings shall be set back 20 feet from all dedicated rights-of-way. Alleys are not subject to a 20-foot setback requirement. The setback requirements from any lot line abutting an alley will be determined by the dimensional requirements of subsection (b)(2) of this section.

2. Buildings shall be set back five feet from all other lot boundary lines.

c. The maximum building height is 35 feet.

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

e. Building Area and Dimensions – Retail and Wholesale.

1. The total floor area of retail and wholesale business uses within a single building shall not exceed 25,000 square feet.

2. In no event may a conditional use permit or variance be granted that would allow a building to exceed the limits of subsection (d)(1) of this section and no nonconforming use or structure may be expanded in any manner that would increase its nonconformance with the limits of subsection (d)(1) of this section. [Ord. 13-11(A) § 8, 2013; Ord. 08-29, 2008; Ord. 08-27(S) § 1, 2008].

a. 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.

b. No zoning permit may be granted without a level two right-of-way access plan approved under Chapter 21.73 HCC. [Ord. 08-29, 2008].

A conditional use permit is required for every use that:

a. 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;

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

c. 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

d. 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. [Ord. 13-27 § 11, 2013; Ord. 08-29, 2008].

All site development shall conform to the level three site development standards contained in HCC 21.50.040 and the following requirements:

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

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

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

d. Point source discharges to a waterway shall conform to the applicable regulations of the Alaska Department of Environmental Conservation. [Ord. 13-11(A) § 9, 2013; Ord. 08-29, 2008].

The nuisance standards of HCC 21.59.010 apply to all development, uses, and structures in this zoning district. [Ord. 08-29, 2008].

The level one lighting standards of HCC 21.59.030 apply to all development, uses, and structures in this zoning district. [Ord. 08-29, 2008].

The purposes of the Open Space – Recreation District are primarily to promote public recreational opportunities while protecting and preserving the natural and scenic resources of the area and public access to tidelands. Generally, pedestrian uses are given priority over motorized uses. [Ord. 08-29, 2008].

The following uses are permitted outright in the Open Space – Recreation District:

a. Marine recreation activities such as fishing and boating;

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

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

d. Marine-life and wildlife sanctuary or preserve;

e. Recreational vehicle parks, provided they shall conform to the standards in Article II of Chapter 21.54 HCC. [Ord. 08-29, 2008].

The following uses may be conditionally permitted in the Open Space – Recreation District when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC:

a. Public utility facilities and structures;

b. Any structures used for uses permitted outright in the district;

c. Fishing gear and boat storage;

d. Campgrounds;

e. Pipelines and railroads;

f. Parking areas;

g. Other open space and recreation uses;

h. Indoor recreational facilities;

i. Outdoor recreational facilities. [Ord. 14-49(A) § 10, 2014; Ord. 08-29, 2008].

Site development in this district must comply with the level one site development standards set forth in HCC 21.50.020. The uses and structures allowed in this district are also subject to the following standards:

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

b. 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;

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

d. The development shall be compatible with adjacent and nearby properties;

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

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

g. The development shall not be inconsistent with the purposes of the district. [Ord. 08-29, 2008].

All uses and structures require a level one site plan approved in advance by the City under Chapter 21.73 HCC. [Ord. 08-29, 2008].

The Conservation District is applied to sensitive public lands that are critical to the maintenance of fish and wildlife resources, protect important watershed areas, or serve other key environmental functions. Private lands meeting the same criteria also may be included in the district with the consent of the owner. These lands are to be maintained in an undisturbed and natural state, except for parks with passive recreation activities and facilities (e.g., wildlife viewing, nature walks, educational and interpretive uses) and other uses that do not change the character of the land or disrupt fish and wildlife. Passive recreation activities are secondary to habitat protection and enhancement. [Ord. 11-32 § 1, 2011; Ord. 08-29, 2008].

The following uses are permitted outright in the Conservation District:

a. Fish and wildlife habitat protection and enhancement.

b. Marine-life and wildlife sanctuary or preserve. [Ord. 11-32 § 2, 2011; Ord. 08-29, 2008].

The following uses are conditionally permitted in the Conservation District when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC:

a. Pedestrian trails, including boardwalks and viewing platforms.

b. Educational and interpretive displays and signs.

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

d. Parking lots incidental to a permitted or conditionally permitted use.

e. 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. [Ord. 11-32 § 3, 2011; Ord. 08-29, 2008].

a. Lot Width. Lot width is unrestricted.

b. Lot Area. Lot area is unrestricted. [Ord. 08-29, 2008].

All development in this district shall comply with the level one site development standards contained in HCC 21.50.020. [Ord. 08-29, 2008].