Homer, AK Zoning Ordinance

§ 21.38.010 Purpose and intent.

The primary purpose of the Scenic Gateway Corridor Overlay District is to make additional provisions for preservation of scenic vistas, to enhance the compatibility of development and to minimize future traffic congestion and maintain safety along the Sterling Highway corridor.

The Scenic Gateway Corridor Overlay District shall overlap and overlay existing zoning districts. The intent of this district is to have development that is sensitive to the “Gateway” of Homer and provide an additional layer of protection for the panoramic views of the Gateway while furthering the primary purposes of the district.

(Ord. 08-29, 2008)

§ 21.38.020 Overlay district boundaries.

The Scenic Gateway Corridor Overlay District will include 150 feet of land from the center line on either side of the Sterling Highway from the intersection of the Sterling Highway and the west end of Rogers Loop Road to the intersection of the Sterling Highway and Pioneer Avenue.

(Ord. 08-29, 2008)

§ 21.38.030 Applicability.

Unless otherwise noted, the requirements of the Scenic Gateway Corridor Overlay District apply to all development and are in addition to the requirements of the underlying zoning district. Where the requirements of the underlying district and the overlay district conflict, the more restrictive will apply.

All nonresidential development activity in the Gateway Corridor Overlay District will comply with the applicable sections of the Community Design Manual.

All development activities, uses, and structures in the Gateway Corridor Overlay District that require a conditional use permit according to the requirements of an underlying residential district (i.e., RR, UR, and RO) will comply with applicable sections of the Community Design Manual.

(Ord. 08-29, 2008)

§ 21.38.040 Prohibited uses.

The following uses shall not be allowed in the Scenic Gateway Corridor Overlay District:

Asphalt manufacture or refining; paving mixture (batch) plant;

Automobile and vehicle sales, showrooms and sales lots; vehicle repair or auto repair; vehicle maintenance; public garage;

Short- and long-term commercial storage facilities warehousing and mini-storage;

Junkyards; impound yards; automobile wrecking; recycling yards; and similar uses;

Recreational vehicle sales, storage, repair;

Mobile home parks;

Service stations;

Car washes, truck washes, and other vehicle washes;

Heavy equipment sales, service, and storage;

Taxi operation, dispatch office and vehicle fleet parking, storage and maintenance;

Itinerant merchants;

Mobile food service.

(Ord. 08-29, 2008)

§ 21.38.050 Signs.

All signs in the Scenic Gateway Corridor Overlay District must comply with the sign code as it applies to the Gateway Business District.

(Ord. 08-29, 2008)

§ 21.40.010 Purpose.

The purpose of this chapter is to prevent the degradation of the water quality and protect the Bridge Creek Watershed to ensure its continuing suitability as a water supply source for the City’s public water utility. These provisions benefit the public health, safety, and welfare of the residents of the City of Homer and other customers of the City’s water system by restricting land use activities that would impair the water quality, or increase the cost for treatment.

(Ord. 08-29, 2008)

§ 21.40.020 Description of area – Authority.

This chapter applies to the Bridge Creek Watershed Protection District. The district is defined as that area of land bounded by the following description:

Commencing at the intersection of West Hill Road and Skyline Drive, also being the section corner common to Sections 12 and 13, Township 6 South, Range 14 West and Sections 7 and 18, Township 6 South, Range 13 West;

Thence northeasterly along Skyline Drive within Section 7, Township 6 South, Range 13 West, approximately 0.9 miles to the intersection of Skyline Drive and an unnamed road to Bridge Creek Reservoir, and the Point of Beginning;

Thence northeasterly along the unnamed road passing by Bridge Creek Reservoir, within Sections 5, 6 and 7, Township 6 South, Range 13 West, approximately 1.5 miles, to the intersection of the unnamed road with the road commonly known as Crossman Ridge Road;

Thence easterly and southeasterly along the unnamed road commonly known as Crossman Ridge Road, within Sections 3, 4 and 5, Township 6 South, Range 13 West, approximately 2.5 miles, to the intersection of the unnamed road commonly known as Crossman Ridge Road and Skyline Drive;

Thence southwesterly and northwesterly along Skyline Drive, within Sections 3, 7, 8, 9 and 10, Township 6 South, Range 13 West, approximately 3.9 miles, to the intersection of Skyline Drive and the unnamed road to Bridge Creek Reservoir, and the Point of Beginning;

All within the Seward Meridian, Alaska.

This chapter is adopted pursuant to the authority granted to the City under AS 29.35.020 and Kenai Peninsula Borough Ordinance 99-47. If there is a conflict between this chapter and any other law or regulation applicable to property or activity in the Bridge Creek Watershed, then the more restrictive provision(s) shall apply.

Excluded from the regulations of the Bridge Creek Watershed Protection District are parcels that are within the Bridge Creek Watershed Protection District and from which all the surface waters drain away from the Bridge Creek Watershed; provided, that the drainage of the entire parcel is proven by survey to be unable to enter the Bridge Creek Watershed. The determination of whether a parcel is excluded under this subsection will be made by the Planning Commission on a case-by-case basis after notice and a public hearing. The property owner has the burden of proof.

(Ord. 08-29, 2008)

§ 21.40.040 Compliance.

No land or structures within the BCWP district shall be used, constructed, occupied, or altered except in conformance with the requirements of this chapter and the other applicable provisions of this title. Chapter 21.70 HCC does apply to the entire BCWP district, notwithstanding the fact that a portion of the district may lie outside of the boundaries of the City. Other provisions of this title generally applicable to interpretation, administration, enforcement, and appeals under the zoning code also apply to this chapter.

The Bridge Creek Watershed Protection District is an overlay district as to those lands lying within the boundaries of the City of Homer. In the case of irreconcilable conflict between the provisions of this chapter and the regulations of the applicable underlying zoning district, the more stringent provision(s) shall be applied.

(Ord. 08-29, 2008)

§ 21.40.045 Permits required.

In the BCWP district, a zoning permit issued under Chapter 21.70 HCC is required for all activity described in HCC § 21.70.010. Notwithstanding any exemptions or contrary provisions in HCC § 21.70.010 or any other provision of the code, a zoning permit is also required for the following activity in the BCWP district:

Construction or reconstruction that creates impervious coverage of 500 square feet or more;

Construction, storage or other activities that, in the aggregate, would exceed 75 percent of the allowed impervious coverage;

Building construction or activity that requires a septic or sewer system;

Construction or installation of a septic or sewer system, including tanks and leach fields;

Repair that requires excavation of an existing septic or sewer system or leach field, in whole or in part;

Cutting or clearing of brush or trees, or other disturbance of ground cover over an area in excess of 2,500 square feet;

Disturbance of ground cover within the required setback or buffer of any stream or reservoir;

Construction in public rights-of-way of a road, trail or driveway;

Construction on private land of a road, trail or driveway longer than 100 feet;

Storage of any matter that produces an impervious cover in excess of 500 square feet for more than 30 consecutive days;

For any use requiring a conditional use permit in the BCWP district;

Construction or enlargement of an aircraft runway;

Construction of a bridge;

Installation of a culvert or drainage ditch;

Diversion of a stream course.

(Ord. 08-29, 2008)

§ 21.40.048 Zoning permit not required.

If they occur outside of stream and reservoir setbacks and buffers, the following uses do not require a zoning permit under Chapter 21.70 HCC. Although excluded from zoning permit requirements, these uses are still subject to all other applicable requirements of this chapter:

Personal use gardens described in HCC § 21.40.090(c).

Other customary accessory uses incidental to permitted principal uses; provided, that the principal use and all accessory uses do not cumulatively exceed 75 percent of limits for impervious cover stated in this chapter.

Cutting or clearing of brush and trees that cover an area less than 2,500 square feet, provided the underlying ground cover is undisturbed.

Lawns 5,000 square feet or smaller in contiguous area.

(Ord. 08-29, 2008)

§ 21.40.050 Permitted uses and structures.

The following uses and structures are permitted outright in the BCWP district, except when such use or structure requires a conditional use permit by reason of its nature, size or other reasons set forth in this chapter. Permitted uses and structures remain subject to all applicable provisions of this chapter:

Single-family dwelling;

Duplex dwelling;

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

Public parks and playgrounds;

Rooming houses or bed and breakfast establishments;

Storage of personal commercial fishing gear in a safe and orderly manner;

Private storage in yards, in a safe and orderly manner, of equipment, including trucks, boats, recreational vehicles and automobiles; provided, that all are in good mechanical and operable condition, and if subject to licensing, currently able to meet licensing requirements; and further provided, that the stored items do not create impervious cover in excess of the limits in HCC § 21.40.070;

Other customary accessory uses incidental to any of the principal permitted uses listed in the BCWP district, such as limited personal use gardening as described in HCC § 21.40.090(c);

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

Mobile homes, subject to the requirements set forth in HCC § 21.54.100;

Day care homes;

Up to four recreational vehicles on a lot as a temporary dwelling not to exceed 90 days’ occupancy per vehicle in any calendar year;

Religious, cultural, and fraternal assembly;

Public schools and private schools;

Day care facilities;

Ministorage;

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

(Ord. 08-29, 2008; Ord. 09-34(A) § 20, 2009)

§ 21.40.055 Prohibited uses.

All uses not described in HCC §§ 21.40.050 and 21.40.060 are prohibited in the BCWP district. Without limiting the generality of the foregoing sentence, the following are examples of uses that under all circumstances are prohibited:

Junkyards and recycling yards and facilities;

Impound yards;

Dog lots or other aggregations of more than six dogs over the age of five months;

Farming of swine;

Use of motorized vehicles, off-road vehicles, personal motorized watercraft or motorized boats on City of Homer properties or upon or in the waters on those properties, unless the use is expressly authorized by the City of Homer;

Racetracks;

Any use or structure requiring an Alaska Department of Environmental Conservation (ADEC) approved septic or sewer system that is not connected to a properly functioning ADEC approved septic or sewer system;

All uses that would cause a degradation of the water quality or endanger the suitability of the Bridge Creek Reservoir as a water supply source for the City’s public water utility.

(Ord. 08-29, 2008)

§ 21.40.060 Conditional uses and structures.

The following uses are permitted in the BCWP district if authorized by a conditional use permit granted in accordance with Chapter 21.71 HCC and subject to the other requirements of this chapter:

Cemeteries;

Public utility facilities and structures;

Timber harvesting operations, timber growing, and forest crops, provided they conform to HCC § 21.40.100;

Agricultural activity and stables, if they conform to HCC § 21.40.090, but not including farming of swine;

Other uses similar to uses permitted and conditionally permitted in the BCWP district, as approved by written decision of the Planning Commission upon application of the property owner and after a public hearing;

Uses, activities, structures, exceptions, or other things described as requiring a conditional use permit in HCC §§ 21.40.080(a), 21.40.110(b) or any other provision of this chapter;

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

(Ord. 08-29, 2008; Ord. 10-05, 2010)

§ 21.40.070 Requirements.

The requirements of this section shall apply to all structures and uses in the BCWP district unless more stringent requirements are required pursuant to Chapter 21.71 HCC. The City of Homer water utility is exempt from this section.

Impervious Coverage.

Lots two and one-half acres and larger shall have a maximum total impervious coverage of 4.2 percent.

Lots smaller than two and one-half acres shall have a maximum total impervious coverage of 4.2 percent, except as provided in subsection (a)(3) of this section.

Lots smaller than two and one-half acres may be allowed impervious coverage up to 6.4 percent if (a) the owner submits a lot-specific mitigation plan for the City Planner’s approval, and (b) if approved, thereafter implements and continuously complies with the approved plan. The mitigation plan must be designed to mitigate the effect of impervious coverage on water flow and the effect of loss of vegetation created by the impervious coverage and shall comply with the following performance standards:

Disturbed areas shall be reseeded by August 31st.

Stormwater retention for the proposed new impervious surface must be provided on site.

The post-development stormwater discharge rate shall not exceed the pre-development peak discharge rate (PDR) for the 10-year frequency storm event, consisting of rainfall for a period of three consecutive hours at a rate of one-half inch per hour.

ii.

Retention may be provided in the form of one or a combination of dry wells, rain barrels, rain gardens, foot drain retention or other method approved by the City Planner.

Impervious Coverage Calculations.

For the purpose of calculating impervious coverage on lots smaller than two and one-half acres, 50 percent of driveways and walkways may be excluded from the calculation, if constructed and maintained in accordance with a mitigation plan that addresses the entire impervious coverage proposed for the lot, submitted and approved in accordance with subsection (a)(3) of this section. Exclusion of more than 50 percent of driveways and walkways from the calculation shall require approval of the Planning Commission.

Except as otherwise provided in this section, parcels of land subdivided after February 25, 2003, shall be allowed a total impervious coverage of 4.2 percent including right-of-way (ROW) dedication. ROW coverage area shall be calculated as 50 percent of the total area of the dedicated ROW. The impervious coverage allowed for the subdivided parcels shall be calculated after deducting the ROW coverage from the total parcel allowance according to the following formula:

Formula:

(Area of parcel being subdivided) x 0.042 = Total allowed impervious coverage (TAC)

(Area of ROW dedication) x 0.5 = ROW coverage (ROW C)

(TAC) – (ROW C) = Allowed impervious coverage for remainder of parcel being subdivided

(Area of parcel being subdivided) – (Area of ROW dedication) = New parcel area

(Allowed impervious coverage for remainder) ÷ (New parcel area) x 100 = Percent impervious coverage allowed on subdivided lots.

Additional Requirements for Subdivisions and Lots.

Lots created by subdivision after February 25, 2003, shall be a minimum of four and one-half acres.

Applications for subdivisions, dedications, and vacations of easements and rights-of-way in the BCWP district must be approved by the Planning Commission prior to submission to the Kenai Peninsula Borough.

Building Setbacks. Buildings must be set back from the Bridge Creek Reservoir and from streams as provided in HCC §§ 21.40.110 and 21.40.120.

Sewer Systems. Appropriate to the use of the lot, each lot shall be served by a septic or sewer system approved by the Alaska State Department of Environmental Conservation (ADEC). Stream setbacks equal to 100 feet for drain fields and subsurface discharge and 250 feet for raised septic systems are required.

Ongoing Construction and Timber Harvesting. All activities including, but not limited to, timber harvesting, road building, subdivision and building activities involving loss of vegetation ground cover or soil disturbance and that are in process on February 25, 2003, shall be required to obtain permits under this chapter and shall fully conform to the terms of this chapter. Activities leaving disturbed or lost vegetative ground cover, disturbed soils without revegetation or leaving slash piles will be considered in process for the purposes of this subsection, regardless of when the activity occurred.

Pending Subdivisions. Subdivisions that have not received final plat approval by February 25, 2003, shall obtain approval from the Planning Commission and shall be required to conform to the requirements of this chapter.

(Ord. 08-29, 2008; Ord. 15-23(S) § 1, 2015)

§ 21.40.080 Erosion and sediment control.

All activities within the BCWP district involving the disturbance of the existing ground cover (i.e., topsoil or vegetation or both) resulting from excavation, grading or filling or other similar activity and involving (1) any area within 500 feet of Bridge Creek Reservoir or 100 feet from any known stream or tributary or (2) an area in excess of 6,000 square feet require a conditional use permit approved by the Planning Commission. The conditional use permit must require that the activity comply with a site-specific erosion and sediment control plan prepared and signed by a certified hydrologist, professional engineer, or soil scientist whose qualifications to prepare such a plan are reviewed and approved by the Public Works Director.

The erosion and sediment control plan shall ensure compliance with the following requirements:

A drainage system shall be provided to direct all runoff from impervious coverage or the disturbed ground either into an engineered drainage system or into a natural drainage, but no runoff shall be discharged untreated directly into the Bridge Creek Reservoir, or any stream or watercourse tributary to Bridge Creek Reservoir.

Where open-ditch construction is used to handle drainage within the tract, a minimum of 30 feet shall be provided between any structures and the top of the bank of the defined channel of the drainage ditch.

When a closed system is used to handle drainage within the tract, all structures shall be a minimum of 10 feet from the closed system.

Natural vegetation shall remain undisturbed except as necessary to construct improvements and to eliminate hazardous conditions, in which case it must be replanted with approved materials including ground cover, shrubs and trees. Native vegetation is preferred for replanting operations, and will be used where practicable.

Grading must not alter the natural contours of the terrain except as necessary for building sites or to correct unsafe conditions. The locations of buildings, roads and rights-of-way must be planned to follow and conform to existing contours as nearly as possible.

Upon completion of earthwork, all exposed slopes and all cleared, filled, and disturbed soils shall immediately be given sufficient protection by appropriate means, such as landscaping, planting, and maintenance of vegetative cover, or temporary protective measures to prevent erosion.

All exposed, cleared, filled and disturbed soils shall be revegetated within the current growing season, unless required to be revegetated sooner by other provisions of this title or other law.

Drainage, erosion, siltation, slope failure and other adverse effects may be prevented or controlled by means other than vegetation, if approved by the Planning Commission.

Development activities shall not adversely impact other properties or watershed water quality by causing adverse alteration of surface water drainage, increased turbidity above natural conditions, surface water ponding, slope failure, erosion, siltation, intentional or inadvertent fill, root damage to neighboring trees, or other adverse physical impacts. The erosion and sediment control plan shall address this requirement, and the property owner and developer shall take such steps, including installation of culverts or buffers, or other methods, as necessary to comply with this requirement.

(Ord. 08-29, 2008)

§ 21.40.090 Agricultural activity.

Except as provided in subsection (c) of this section, agricultural activity requires a conditional use permit approved by the Planning Commission.

The application for a conditional use permit must include a written plan for each proposed agricultural activity or operation that includes the following:

Name, address, phone number and approving signature of the landowner and operator.

A map showing the area of proposed activity and a written description detailing the activity within that area as follows:

The location of all streams, both intermittent and perennial, reservoirs, ponds, wetlands and other surface waters.

The boundaries of the agricultural area(s), types of equipment and techniques to be used in the area(s), and the specific operational period(s) for the area(s).

The location of feed and stable areas and a description of how animal wastes are to be controlled and disposed of.

The location of all buffer areas required to protect water quality.

The location of all slopes greater than 20 percent within the affected property.

The location and a description of all areas where fuel, equipment and chemicals will be stored and how spills and other potential threats to water quality will be prevented and responded to.

The location of all roads, trails and all structures that will be part of the proposed agriculture operation.

Proposed use of fertilizers, pesticides, and herbicides including type, quantities, storage, use and spill contingency plans.

An erosion and sediment control plan if the proposed operation will include ground disturbance covered by HCC § 21.40.080.

A copy of the Homer Soil and Water Conservation District’s Soil, Water, Slope and Vegetation Report for the proposed activity.

A copy of an executed cooperative agreement with the Homer Soil and Water Conservation District.

Agricultural activities that are customary and accessory to single-family residential use are exempt from the requirements of this section only. For purposes of this section, personal use gardening of not more than five separate gardening plots not exceeding 1,000 square feet each with a minimum 10-foot separation of undisturbed ground and incidental keeping of livestock (not more than three animals with a density equal to or less than two and one-half animal units per five acres) for personal use will be considered customary and accessory to single-family residential use. Larger or more intense activities are not considered customary and accessory uses.

(Ord. 08-29, 2008)

§ 21.40.100 Timber growing and harvesting operations.

Except as provided in subsection (c) of this section, no timber harvesting, timber growing, or forest crop activities are allowed without a conditional use permit approved by the Planning Commission.

The application for a conditional use permit must include a written plan for each proposed timber harvesting, timber growing, or forest crop use or operation that includes the following:

Name, address, phone number and approving signature of the landowner, timber rights owner, and operator or logger.

A map showing the area of proposed activity and a written description detailing the activity within that area as follows:

The location of all streams, both intermittent and perennial, reservoirs, ponds, wetlands, and other surface waters.

The location and proposed means of all stream crossings associated with the above waters.

The boundaries of the harvest area(s), types of equipment and techniques to be used in the area(s), and the specific operational period(s) for the area(s).

The location of all roads that will be constructed, and the location of construction materials if they are to be obtained on site.

The location of all trails not included in subsection (b)(2)(d) of this section that will be used for the harvesting, processing, or transportation of timber.

The location of all buffer areas required to protect water quality.

The location of all slopes greater than 20 percent within the affected property.

The location and a description of all areas where fuel, equipment and chemicals will be stored and how spills and other potential threats to water quality will be prevented and responded to.

The location of all structures, logging yards, and storage areas that will be part of the proposed operation.

An erosion and sediment control plan as described in HCC § 21.40.080.

In the case of timber harvesting, the reforestation plan specifications.

A restoration plan for logging yards, storage areas, stream crossings, log landings, trails, and roads that will not be maintained after a timber harvesting operation.

A plan for maintenance and operation for all roads and trails that will remain after the operation.

A copy of the Homer Soil and Water Conservation District’s Soil, Water, Slope and Vegetation Report for the proposed activity.

A copy of an executed cooperative agreement with the Homer Soil and Water Conservation District.

A plan for elimination of slash piles within six months of completion of timber harvesting.

Clearing of trees comprising less than 20 cords in one calendar year per lot for noncommercial purposes is exempt from the requirements of this section.

(Ord. 08-29, 2008)

§ 21.40.110 Stream buffers.

A stream buffer must be preserved and maintained along all perennial and intermittent streams in the BCWP district. The stream buffer must be at least 50 feet on each side of the stream measured from the top of the stream bank. Buildings and other features that require grading or construction must be set back at least 10 additional feet from the edge of the buffer. To avoid a decrease in the buffer’s effectiveness in protecting the stream the buffer shall remain in natural and undisturbed vegetation.

The following exceptions or intrusions into the stream buffer may be granted by conditional use permit approved by the Planning Commission:

Street, driveway, culvert, recreational features, intakes, utilities, bridges or other crossings; provided, that they are designed to minimize the amount of intrusion into the buffer. The aforementioned structures and improvements may run generally within the stream buffer only where no other access route is available and when their design minimizes the amount of intrusion of the stream buffer.

Passive recreational activities, such as walking trails; provided, that service facilities for such activities, including but not limited to parking, picnicking and sanitary facilities, are located outside of the buffer.

Clearing and re-vegetating the stream buffer for the purposes of improving its pollutant and silt removal efficiency may be permitted based upon clear and convincing proof that efficiency will be improved.

Stormwater control structures and temporary erosion control structures; provided, that:

The property owner or applicant demonstrates to the satisfaction of the Public Works Director and Planning Commission that such facilities cannot be practicably located outside of the stream buffer, and that any proposed stormwater control structure is sited and designed to minimize disturbance of the stream and stream buffer. Siting stormwater control structures away from the stream channel is preferable to siting such structures in the stream channel.

A vegetated buffer of a width not less than the minimum recommended by the Public Works Director is provided around the stormwater control structures.

Any land disturbed for construction of these structures is immediately revegetated.

Timber harvest operations; provided, that:

Along perennial streams the buffer must include, but is not limited to, a 50-foot permanent buffer of undisturbed natural vegetation and an additional 75-foot buffer area of selective logging leaving no less than 30 percent of the original standing timber; and

Along intermittent streams or drainages the buffer must include, but is not limited to, a 25-foot buffer area of selective logging leaving no less than 30 percent of the original standing timber; and

Vegetation sufficient to stabilize the soil shall be established on all disturbed areas.

(Ord. 08-29, 2008)

§ 21.40.120 Bridge Creek Reservoir buffer.

A 500-foot reservoir buffer must be maintained from the banks of the Bridge Creek Reservoir, measured at normal full water level. The reservoir buffer must remain in undisturbed natural vegetation. The facilities and improvements of the City water utility are exempt from this section.

(Ord. 08-29, 2008)

§ 21.40.130 Exceptions to buffers.

A conditional use permit is required for any intrusion into a required buffer including, but not limited, to those intrusions and exceptions listed in HCC § 21.40.110(b). When any approved intrusion into a buffer involves excavation or clearing, the conditional use permit must require the disturbed area to be revegetated immediately.

Upon application of the property owner, the Planning Commission may grant a conditional use permit to reduce the reservoir buffer requirements on a case-by-case basis only if it finds that:

The full reservoir buffer would result in an exceptional hardship, depriving the property owner of the economic advantages of ownership, i.e., all potential for appreciation and all opportunity for development of the property. Mere failure to realize the maximum appreciation or full development potential from the property shall not be considered an exceptional hardship.

The intrusion into the reservoir buffer is the minimum necessary to relieve that exceptional hardship.

The intrusion will not cause a degradation of the water quality or endanger the suitability of the Bridge Creek Reservoir as a water supply source for the City’s public water utility.

In making such findings, the Planning Commission must consider topography, water quality protection, erosion potential, surrounding uses, the size of the parcel, and any other relevant factors. A site plan and an erosion and sediment control plan must be provided by the property owner. The Planning Commission must impose any conditions necessary to protect the water quality and ensure continued suitability of the Bridge Creek Reservoir as a water supply source for the City’s public water utility.

Upon application of the property owner, the Planning Commission may grant a conditional use permit, on a case-by-case basis, to pipe an intermittent or perennial stream, thereby reducing or eliminating stream buffer requirements, only if it finds that:

For intermittent streams, the owner demonstrates that such piping is necessary to allow reasonable use of the property or for purposes of public safety.

For perennial streams, the owner or applicant demonstrates that use of the property without such piping will cause an exceptional hardship, depriving the property owner of the economic advantages of ownership, i.e., all potential for appreciation and all opportunity for development of the property. Mere failure to realize the maximum appreciation or full development potential from the property shall not be considered an exceptional hardship.

The intrusion will not cause a degradation of the water quality or endanger the suitability of the Bridge Creek Reservoir as a water supply source for the City’s public water utility.

If the Planning Commission approves a conditional use permit for stream piping, it must impose conditions requiring a vegetated buffer area or other device approved by the Public Works Director to protect the stream at any intake structure and other conditions as necessary to control erosion and sedimentation. All buffers and physical improvements related to the stream piping must be located entirely on the affected property or on easements adjacent to the property.

(Ord. 08-29, 2008)

§ 21.40.135 Nonconforming lots, uses, and structures.

Except as otherwise provided in this section, lawfully subdivided lots, lawful existing uses, and lawfully constructed existing structures and improvements that are rendered unlawful by the adoption of this chapter or by any amendment to this chapter shall be treated as nonconforming.

No aspect of any nonconforming lot, use, structure, improvement, or any other kind of nonconformity in the BCWP district shall expand or increase in size or degree of nonconformance beyond the nonconformity existing on the effective date of the enactment that rendered it unlawful.

Nothing in this section shall be construed to exempt ongoing activities or pending plats from the requirements of HCC § 21.40.070(g) or to be an exemption from any other provision of this chapter that specifically applies to any activity or thing in progress on the effective date of the enactment.

Nothing in this section shall be construed to allow any preexisting or ongoing violation of HCC § 21.40.140 to continue.

(Ord. 08-29, 2008)

§ 21.40.140 Pollution prohibited.

No person shall pollute, poison, defile or corrupt the waters of the Bridge Creek Watershed nor throw or deposit offal, refuse, rubbish, garbage, dead animals, excrement, hazardous material, petroleum product, or any foul, offensive or noxious matter into the waters of the Bridge Creek Watershed or upon these waters when frozen, or upon the shores of these waters and the land constituting the watershed. No person shall cause, allow or permit any sewage, drainage, refuse or polluting matter that either by itself or in connection with other matter will tend to corrupt or impair the quality of the water of said watershed, or tend to render it injurious to health, to discharge, drain, percolate or permeate into the watershed.

(Ord. 08-29, 2008)

§ 21.40.150 Enforcement.

In the event that any person holding a conditional use permit issued under this chapter violates the terms of the permit or any person implements site development in such a manner as to adversely affect or endanger the water quality in the Bridge Creek Watershed, the City Planner may issue a stop work order or suspend or revoke a conditional use permit. A stop work order or suspension of a conditional use permit may be imposed immediately and without prior notice to stop or prevent imminent material harm to the water quality; provided, that notice and a reasonable opportunity for a hearing must be provided promptly after the issuance of the order or suspension. A conditional use permit may be revoked permanently or suspended for longer than 30 days only after notice and a reasonable opportunity for a hearing. A revocation or suspension of a conditional use permit for longer than 30 days must be done by written decision.

The City may also issue other stop work orders and take other enforcement actions under Chapter 21.90 HCC.

The City may also exercise one or more other legal, equitable or other remedies available to it, including, but not limited to, criminal prosecution and the imposition of civil penalties by the City Manager under HCC § 1.16.020.

In addition to the penalties provided for herein, the City may apply to a court of competent jurisdiction for an order upon the parties responsible to cease any use or activity, or to re-establish or restore any or all of the grade, slope, stability, vegetation, drainage and other features and systems of a property in order to eliminate or prevent an adverse impact upon any adjacent or subservient property located in the Bridge Creek Watershed or to prevent degradation of the water quality, and for such other and further relief as may be appropriate in the circumstances.

(Ord. 08-29, 2008)

§ 21.41.010 Purpose and intent.

This chapter designates and classifies ecologically sensitive and hazardous areas, protects the functions and values of the areas, and provides the means for additional review and protection to ensure the continued growth in a safe, orderly fashion for the greater health, welfare and safety of all Homer residents.

The purpose of the chapter is to protect the public from flooding and other natural hazards, to minimize the need for emergency rescue, to protect unique, fragile, and vulnerable elements of the environment, to minimize the cost of replacing public facilities, to alert the public of these critical areas, to avoid public subsidy of private development impacts, to assist property owners in developing their property by promoting innovative land use techniques, and to work in concert with other land use regulations.

(Ord. 08-29, 2008)

§ 21.41.020 Applicability.

This chapter applies to all lands within the City of Homer and the Bridge Creek Watershed Protection District that contain area of special flood hazard, including coastal hazard areas, and to all development on those lands. This chapter constitutes an overlay district, and the regulations in this chapter apply to lands in that overlay district in combination with the regulations of the underlying zoning districts. This chapter imposes regulations and standards in addition to what is required by the underlying zoning district(s).

(Ord. 08-29, 2008)

§ 21.41.030 Definitions.

For the purposes of this chapter, the following words and phrases shall be defined as follows:

“Accessory structures”

means buildings such as detached garages and boat houses, that are not designed or intended for human habitation.

“Appeal”

means a request for a review of the interpretation of any provision of this chapter or a request for a variance.

“Area of shallow flooding”

means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM) with a one percent or greater chance of flooding. The base flood depths range from one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.

“Area of special flood hazard”

means the land in the floodplain within the City subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letter A or V. The term “special flood hazard area” is interchangeable with this definition. This area is often referred to as the 100-year floodplain.

“Base flood”

means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the “100-year flood.”

“Basement”

means any area of the building having its floor subgrade (below ground level) on all sides.

“Breakaway wall”

means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

“Coastal high hazard area”

means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1-V30, VE, V and LiMWA.

“Critical facility”

means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to: schools, nursing homes, hospitals, police, fire and emergency response installations, installations that produce, use or store hazardous materials or hazardous waste, access roads, water supply, power, communications and other public utility facilities that are vital to maintaining or restoring services.

“Development”

means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, storage of equipment or materials, or any other activity which results in the removal of substantial amounts of vegetation or in the alteration of nature site characteristics located within the area of special flood hazard or coastal high hazard area.

“Elevated building”

means, for insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.

“Federal Emergency Management Agency” or “FEMA”

is the agency responsible for administration of the National Flood Insurance Program.

“Flood” or “flooding”

means a general and temporary condition of partial or complete inundation of normally dry land areas from one or both of the following:

The overflow of inland or tidal waters.

The unusual and rapid accumulation of runoff of surface waters from any source.

“Flood Insurance Rate Map” or “FIRM”

means an official map of the City issued by the Federal Insurance Administrator which delineates both the special hazard areas and the risk premium zones.

“Flood Insurance Study”

means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, and the water surface elevation of the base flood.

“Floodway”

means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height, usually one foot, at any point.

“Functionally dependent use”

means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities.

“Lowest floor”

means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than the basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter found at HCC § 21.41.220(a).

“Manufactured home”

means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term “manufactured home” also includes recreational vehicles, travel trailers, and other similar vehicles placed on site for greater than 180 consecutive days. For insurance purposes the term “manufactured home” does not include recreational vehicles, travel trailers, and other similar vehicles.

“One-hundred-year flood”

(also called “regulatory flood,” “base flood” or “special flood hazard area”) (see “base flood”) means a flood of a magnitude which can be expected to occur on an average of once every 100 years. It is possible for this size flood to occur during any year, and possibly in successive years. It would have a one percent chance of being equaled or exceeded in any year. Statistical analysis of available stream flow or storm records, or analysis of rainfall and runoff characteristics of the watershed, or topography and storm characteristics are used to determine the extent and depth of the 100-year flood.

Special Flood Hazard Area.

See “area of special flood hazard.”

“Start of construction”

includes substantial improvement, and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers, or foundation or erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, external dimensions of the building.

“Structure”

means a walled and roofed building, including liquid or gas storage tank, that is principally above ground, as well as a manufactured home that is principally above ground.

“Substantial damage”

means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

“Substantial improvement”

means any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

Any project for improvement of a structure to correct violations that have been previously cited based on State or local health, sanitary, or safety code specifications which are the minimum necessary to assure safe living conditions; or

Any alteration of a “historic structure” listed on the National Register of Historic Places or a State Inventory of Historic Places; provided, that the alteration will not preclude the structure’s continued designation as a “historic structure.”

“Variance”

means a grant of relief by the City from the requirements of this chapter, which permits construction in a manner that would otherwise be prohibited by this chapter.

“Water-dependent”

means a structure for commerce or industry, which cannot exist in any other location and is dependent on the water because of the intrinsic nature of its operations.

(Ord. 08-29, 2008; Ord. 09-38, 2009; Ord. 13-32 § 1, 2013)

§ 21.41.040 Basis for establishing flood hazard areas.

The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for the Kenai Peninsula Borough and Incorporated Areas, Alaska,” dated October 20, 2016, with accompanying Flood Insurance Rate Maps (FIRM), are hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study and FIRM are on file in the Planning Department.

(Ord. 09-38, 2009; Ord. 13-32 § 2, 2013; Ord. 16-33 § 1, 2016)

§ 21.41.050 Warning – No liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Homer, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. 08-29, 2008)

§ 21.41.060 Noncompliance – Violations – Enforcement.

No structure or land shall after April 29, 2003, be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations.

Violations of this chapter are infractions, and are subject to criminal penalties pursuant to Chapter 1.16 HCC.

In addition, the City may take any other lawful action as necessary to prevent or remedy any violation, including but not limited to all enforcement and civil remedies available under this title and Chapter 1.16 HCC.

(Ord. 08-29, 2008)

§ 21.41.070 Development permit required.

A development permit shall be obtained before construction or development begins within special flood hazard areas established in HCC § 21.41.040. The permit shall be for all development as defined by HCC § 21.41.030. Application for a development permit shall be made on forms furnished by the City and shall include but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

Elevations to be determined by registered State land surveyors in relation to North American Vertical Datum of 1988 (NAVD88, the vertical datum used as a reference in the Flood Insurance Study for flood, ground, and structure elevations) of the lowest floor (including basement) of all structures;

Elevation in relation to NAVD88 to which any structure has been floodproofed;

Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in HCC § 21.41.220(b);

Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.

(Ord. 08-29, 2008; Ord. 09-38, 2009)

§ 21.41.080 Administration by Planning Department.

The Planning Department, acting under the direction of the City Planner, is appointed to administer, implement, and enforce this chapter by granting or denying development permit applications and otherwise acting in accordance with its provisions.

(Ord. 08-29, 2008)

§ 21.41.090 Functions and powers of Planning Department.

The functions and powers of the Planning Department include:

Permit Application Review.

Review all development permit applications to determine that the permit requirements have been met;

Review all development permit applications to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required;

Review all development permit applications to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of HCC § 21.41.230(a) are met.

Issue Permit.

Upon determination that the submitted and recorded information connected with the permit application meets the terms of this chapter, the Planning Department shall issue a floodplain development permit to the original applicant.

The floodplain development permit is not assignable without permission from the Planning Department.

Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with HCC §§ 21.41.220 the Planning Department shall obtain, review, and reasonably utilize any base flood and floodway elevation data available from a Federal, State or other source, in order to administer HCC § 21.41.220(a) and (b) and 21.41.230.

Information to Be Obtained and Maintained.

Where base flood elevation data is provided through the Flood Insurance Study or required in subsection (c) of this section, record the actual elevation as submitted (in relation to NAVD88) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement;

For all new or substantially improved floodproofed structures:

Record the actual elevation as submitted (in relation to mean sea level); and

Maintain the floodproofing certifications required in HCC § 21.41.070(c);

Maintain for public inspection all records pertaining to the provisions of this chapter.

Alteration of Watercourses.

Notify adjacent communities and the Alaska Department of Community and Regional Affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

(Ord. 08-29, 2008; Ord. 09-38, 2009)

§ 21.41.100 Fee required.

The Planning Department shall charge fees for permits and variances. Fees shall be established by resolution of the Homer City Council to be paid by the applicant at the time that the floodplain development permit application or variance application is submitted.

(Ord. 08-29, 2008)

§ 21.41.200 Standards – All flood hazard areas.

In all flood hazard areas, the following standards apply:

Anchoring.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

All manufactured homes must be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

Construction Materials and Methods.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and elevated or otherwise located to prevent water from entering or accumulating within the components during conditions of flooding.

Accessory structures shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters; shall be anchored to prevent flotation which may result in damage to other structures; shall have only service utilities such as electrical and heating equipment that are elevated or floodproofed; and shall have openings as required by HCC § 21.41.220(a)(2)(b), (a)(2)(c) and (a)(2)(d). No elevation certificate or variance is required for a development determined by the City to be an accessory structure.

Utilities.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

Subdivision Proposals.

All subdivision proposals shall be consistent with the need to minimize flood damage.

All proposed improvements such as water, sewer, natural gas, telephone and electrical facilities shall be located and constructed in a manner which will minimize damage in the event of a flood.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for all subdivision proposals located in unnumbered A or V Zones when the subdivision is planned to be 50 lots or five acres, whichever is less.

It is the responsibility of the subdivider to provide all necessary information regarding flood protection measures at the time the preliminary plat is presented for consideration by the Planning Commission.

Review of Development Permits.

Where elevation data is not available, applications for development permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding.

The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, and other evidence where available.

(Ord. 08-29, 2008; Ord. 13-32 § 3, 2013)

§ 21.41.220 Standards – Where base flood elevation data is provided.

In all flood hazard areas where base flood elevation data has been provided as set forth in HCC § 21.41.040 the following provisions are required:

Residential Construction.

New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to one foot above the base flood elevation.

Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

Fully enclosed areas below the lowest floor that are subject to flooding are to be used solely for parking of vehicles, building access, or limited storage.

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers, or other coverings or devices if they permit the automatic entry and exit of floodwaters.

Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot above base flood elevation; or, together with attendant utility and sanitary facilities, shall:

Be floodproofed so that one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in HCC § 21.41.090(d)(2);

Nonresidential structures that are elevated, not floodproofed, must meet the same standard for space below the lowest floor as described in subsection (a)(2) of this section;

Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level).

Manufactured Homes. All manufactured homes to be placed or substantially improved within Zones A1-30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of HCC § 21.41.200(a).

Recreational Vehicles. A recreational vehicle placed on a site within Zones A1-30, AH, and AE on the City’s FIRM either must:

Be on site for fewer than 180 consecutive days; or

Be fully licensed and ready for highway use, on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

Meet the requirements of subsection (c) of this section and the elevation and anchoring requirements for manufactured homes.

(Ord. 08-29, 2008; Ord. 09-38, 2009; Ord. 13-32 § 4, 2013)

§ 21.41.230 Standards – Floodways.

Located within flood hazard areas established in HCC § 21.41.040 are areas designated as floodways. Since the floodway is an extremely hazardous area due to erosion potential and the velocity of floodwaters which carry debris, the following provisions apply:

All encroachments, including fill, new construction, substantial improvements, and other development, are prohibited unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

If subsection (a) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of HCC § 21.41.200 through 21.41.250.

(Ord. 08-29, 2008)

§ 21.41.240 Standards – Shallow flooding areas.

Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply:

New construction and substantial improvements of residential structures and manufactured homes within AO zones shall have the lowest floor (including basement) elevated above the highest grade adjacent to the building, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified).

New construction and substantial improvements of nonresidential structures within AO zones shall either:

Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified); or

Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer as in HCC § 21.41.220(b)(3).

Adequate drainage paths around structures on slopes must guide floodwaters around and away from proposed structures.

A recreational vehicle placed on a site within AO Zones must either:

Be on the site for fewer than 180 consecutive days; or

Meet the requirements of this section and the elevation and anchoring requirements for manufactured homes.

A minimum of two openings on at least two different walls of the enclosure must be installed. The bottom of the openings must be no higher than one foot above grade.

(Ord. 08-29, 2008)

§ 21.41.250 Standards – Coastal high hazard areas.

Located within areas of special flood hazard established in HCC § 21.41.040 are coastal high hazard areas, designated as Zones V1-V30, VE or V. These areas have special flood hazards associated with high velocity waters from surges and, therefore, in addition to meeting all other provisions in this chapter, the following provisions shall also apply:

All new construction and substantial improvements in Zones V1-V30 and VE (V if base flood elevation data is unavailable) shall be elevated on pilings and columns so that:

The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated one foot or more above the base flood level; and

The pile or column foundation and structure attached thereto are anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval).

A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of subsections (a)(1) and (2) of this section.

The developer shall obtain and provide to the Planning Department the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures in Zones V1-30 and VE, and whether or not such structures contain a basement. The Planning Department shall maintain a record of all such information.

All new construction shall be located landward of the reach of mean high tide.

All new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or State codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:

Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and

The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval).

If breakaway walls are utilized, such enclosed space shall be usable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation.

The use of fill for structural support of buildings is prohibited.

Manmade alteration of sand dunes that would increase potential flood damage is prohibited.

All manufactured homes to be placed or substantially improved within Zones V1-V30, V, and VE on the FIRM shall meet the standards of subsections (a) through (h) of this section and shall meet the requirements of HCC § 21.41.220(c).

A recreational vehicle placed on a site within Zones V1-30, V, and VE on the FIRM shall either:

Be on the site for fewer than 180 consecutive days; or

Meet the requirements of HCC § 21.41.070 and subsections (a) through (h) of this section.

(Ord. 08-29, 2008; Ord. 09-38, 2009)

§ 21.41.300 Variances – Planning Commission.

The Homer Planning Commission shall hear and decide requests for variances from the requirements of this chapter.

(Ord. 08-29, 2008)

§ 21.41.310 Variances – Factors considered.

In passing upon variance applications, the Planning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

The danger that materials may be swept onto other lands to the injury of others;

The danger to life and property due to flooding or erosion damage;

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

The importance of the services provided by the proposed facility to the community;

The necessity to the facility of a waterfront location, where applicable;

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damages;

The compatibility of the proposed use with the existing and anticipated development;

The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;

The safety of access to the property in times of flood for ordinary and emergency vehicles;

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(Ord. 08-29, 2008)

§ 21.41.320 Variances – Conditional approval.

Upon consideration of the factors of HCC § 21.41.310 and the purposes of this chapter, the Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(Ord. 08-29, 2008)

§ 21.41.330 Variances – Records and reports.

The Planning Department shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

(Ord. 08-29, 2008)

§ 21.41.340 Variances – Conditions for granting.

Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided HCC § 21.41.310(a) through (k) have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases.

Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in HCC §§ 21.41.300 through 21.41.340.

Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Variances shall only be issued upon:

A showing of good and sufficient cause;

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.

Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing where it can be determined that such action will have low damage potential, complies with all other variance criteria except HCC § 21.41.340(a), and otherwise complies with HCC § 21.41.200(a)(1) and (2).

Variances may, if a proper showing is made, be granted for functionally dependent uses.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(Ord. 08-29, 2008)

§ 21.41.400 Appeals.

The Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Planning Department.

The Board of Adjustment or a hearing officer appointed by the City Manager shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Planning Commission.

Appeals under this chapter are governed by the requirements and procedures of Chapter 21.93 HCC.

(Ord. 08-29, 2008; Ord. 17-07(S-3)(A) § 1, 2017)

§ 21.44.010 Purpose and intent.

This chapter regulates development activity and structures in areas affected by slopes, bluffs, ravines, and the coastal edge, and provides the means for additional review and protection to encourage safe and orderly growth to promote the health, welfare and safety of Homer residents.

(Ord. 08-29, 2008; Ord. 22-32 § 2, 2022)

§ 21.44.020 Applicability.

This chapter applies to all development activity that disturbs the existing land surface, including without limitation clearing, grading, excavating and filling in areas that are subject to any of the following conditions:

Lots with average slopes 15 percent or greater, bluffs, coastal edge and ravines;

Located within 40 feet of the top or within 15 feet of the toe of a steep slope, bluff, coastal edge or ravine; and

Any other location where the City Engineer determines that adverse conditions associated with slope stability, erosion or sedimentation are present.

This chapter imposes regulations and standards in addition to the requirements of the underlying zoning district(s).

(Ord. 08-29, 2008; Ord. 22-32 § 2, 2022)

§ 21.44.030 Slope development standards.

The following standards apply to all development activity on a site described in HCC § 21.44.020:

No development activity, including clearing and grading, may occur before the issuance of a zoning permit under Chapter 21.70 HCC.

Area of Development.

Except where the City Engineer approves a site plan under HCC § 21.44.050 that provides for a larger area of development, the area of development on a lot with an average slope:

Of 15 to 30 percent shall not exceed 25 percent of the total lot area.

Greater than 30 percent but less than 45 percent shall not exceed 10 percent of the total lot area.

The area of development on a lot with an average slope of 45 percent or greater shall not exceed the area of development described in a site plan approved by the City Engineer under HCC § 21.44.050.

Setbacks. Subject to the exceptions to setback requirements in HCC § 21.44.040, all development activity is subject to the following setback requirements:

No structure may be closer to the top of a ravine, steep slope or bluff than the lesser of:

Forty feet; or

One-third of the height of the bluff or steep slope, but not less than 15 feet.

No structure may be closer than 15 feet to the toe of a bluff.

Structures shall be set back 40 feet from the coastal edge starting at the eastern extent of the City of Homer, adjacent to Kachemak Bay extending to the north-south section line dividing Sections 19 and 24 Township 6 South Range 14 West Seward Meridian, and excluding all property South of Mile Post 175 of the Sterling Highway. All structures west of the section line shall be set back 60 feet from the coastal edge. No structure may be placed closer than 15 feet from the toe of a coastal edge.

Natural Drainage. The site design and development activity shall not restrict natural drainage patterns, except as provided in this subsection.

To the maximum extent feasible, the natural surface drainage patterns unique to the topography and vegetation of the site shall be preserved. Natural surface drainage patterns may be modified only pursuant to a site plan approved by the City Engineer under HCC § 21.44.050, and upon a showing that there will be no significant adverse environmental impacts on the site or on adjacent properties. If natural drainage patterns are modified, appropriate soil stabilization techniques shall be employed.

The site shall be graded as necessary to ensure that drainage flows away from all structures for a distance of at least 10 feet, especially where building pads are cut into hillsides.

The development activity shall not cause an adverse effect on adjacent land and surrounding drainage patterns.

Erosion Control.

Erosion control methods approved by the City Engineer, including without limitation sediment traps, small dams and barriers, shall be used during construction and site development to protect water quality, control soil erosion and control the velocity of runoff.

Winter Erosion Control Blankets. If development on a slope is not stabilized by October 15th, erosion control blankets (or a product with equivalent performance characteristics) must be installed upon completion of the seasonal work, but no later than October 15th. The erosion control blankets shall remain in place until at least the following May.

Vegetation shall remain undisturbed except as necessary to construct improvements and to eliminate hazardous conditions, in which case it must be replanted with approved materials including ground cover, shrubs and trees. Native vegetation is preferred for replanting operations, and will be used where practicable.

Grading shall not alter the natural contours of the terrain except as necessary for building sites or to correct unsafe conditions. The locations of buildings and roads shall be planned to follow and conform to existing contours as nearly as possible.

(Ord. 08-29, 2008; Ord. 22-32 § 2, 2022)

§ 21.44.040 Exceptions to setback requirements.

Any of the following may be located within a setback required by HCC § 21.44.030(c):

A deck extending no more than five feet into the required setback.

An unoccupied accessory structure having a building area not greater than 200 square feet that is no closer than 15 feet to the top of any bluff or ravine.

A boardwalk, sidewalk, foot path or stairway that provides access to a beach, bluff or accessory structure, and that is located at or within three feet above ground level.

Development activity that the City Engineer determines is reasonably intended to stabilize an eroding coastal edge.

No structure other than a structure described in subsection (a) of this section may be located in a required setback without a conditional use permit issued in accordance with Chapter 21.71 HCC and a site plan approved by the City Engineer under HCC § 21.44.050.

(Ord. 08-29, 2008; Ord. 22-32 § 2, 2022)

§ 21.44.050 Site plan requirements for slope development.

No permit for development activity for which HCC §§ 21.44.030 or 21.44.040(b) requires a site plan may be approved unless the City Engineer approves a site plan for the development activity that conforms to the requirements of this section. The City Engineer shall accept or reject the plan as submitted or may require that specific conditions be complied with in order for the plan to meet approval.

The site plan shall be prepared by a qualified geotechnical engineer licensed to practice in the State of Alaska and shall include the following information:

The location of all watercourses, water bodies, and wetlands within 100 feet of the location of the proposed development activity.

The location of all existing and proposed drainage structures and patterns.

Site topography shown by contours with a maximum vertical interval of five feet.

The location of all proposed and existing buildings, utilities (including on-site well and septic facilities), driveways and streets.

The location of all existing vegetation types including meadow, forest and scrub lands, identifying all areas of vegetation that will be removed as well as vegetation to be preserved or replaced. Specifications for revegetation shall also be included.

Specific methods that will be used to control soil erosion, sedimentation, and excessive stormwater runoff during and after construction.

A description of the stability of the existing soils on site and a narrative and other detail sufficient to demonstrate the appropriateness of the development and construction methods proposed.

A grading plan for all areas that will be disturbed by the development activity.

A slope stability analysis including the following:

Summary of all subsurface exploration data, including subsurface soil profile, exploration logs, laboratory or in situ test results, and groundwater information;

Interpretation and analysis of the subsurface data;

Summary of seismic concerns and recommended mitigation;

Specific engineering recommendations for design;

Discussion of conditions for solution of anticipated problems;

Recommended geotechnical special provisions;

An opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes.

(Ord. 10-56 § 2, 2011; Ord. 22-32 § 2, 2022)

§ 21.46.010 Purpose and intent.

The purpose of the Small Boat Harbor Overlay District is to establish additional development regulations specifically designed for the unique nature and needs of water- and tourism-oriented uses on platforms over the small boat harbor. These regulations will delineate special performance and design standards, encourage mixed use developments which contribute to the stabilization of water-dependent and water-related uses, encourage the link between the marine business and general business sectors of the community, and encourage safe and enjoyable access along the harbor’s edge.

(Ord. 09-44(S) § 3, 2009)

§ 21.46.020 Overlay district boundaries.

The Small Boat Harbor Overlay District applies to the property described as Lot G-8 and Small Boat Harbor, Homer Spit Subdivision No. Two, T6S, R13W, Sections 35 and 36, and T7S, R 13W, Sections 1 and 2, Seward Meridian, as shown on Plat No. 92-50.

(Ord. 09-44(S) § 3, 2009)

§ 21.46.030 Applicability.

Unless otherwise noted, the requirements of the Small Boat Harbor Overlay District apply to all development and are in addition to the requirements of the underlying zoning district. Where a requirement of the underlying district conflicts with a requirement of the overlay district, the overlay district requirement shall govern.

(Ord. 09-44(S) § 3, 2009)

§ 21.46.040 Conditional uses.

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

Overslope development.

(Ord. 09-44(S) § 3, 2009)

§ 21.46.050 Overslope platform standards.

An overslope platform shall comply with the following standards:

An overslope platform shall be 40 feet deep, and shall be not less than 40 feet nor more than 240 feet wide.

There shall be a minimum 20-foot setback separating an overslope platform from a dedicated right-of-way. Except as provided in the preceding sentence, there are no setback requirements for overslope platforms, and an overslope platform may be constructed to the lot line.

An overslope platform that is used for the docking of boats shall be designed to bear the loads associated with that use, and include suitable rail access, gates, stairs and fenders.

The bottom of the lowest structural member of the lowest floor of an overslope platform (excluding pilings and columns) shall be at least one foot above the base flood elevation.

The area of an overslope platform that at the time of its construction is within 15 feet of the edge of a ramp shall be used as a public access area, within which no sales or commercial activity may occur. Such a public access area shall not be counted to meet open space or landscaping requirements.

Direct access from an overslope platform to the ramp shall be limited to avoid user conflicts. Gates or other moveable barriers that facilitate loading and unloading may be used to control access.

(Ord. 09-44(S) § 3, 2009)

§ 21.46.060 Architectural standards.

Overslope development shall conform to the following architectural standards:

All buildings on the same overslope platform shall receive a common architectural treatment. The main color of the exterior walls of all buildings on an overslope platform shall be one or more earth or seascape tones.

Not less than five percent of the area of an overslope platform area shall be outdoor public open space.

Overslope development shall include pedestrian walkways that provide direct access between common areas in the overslope development and public rights-of-way.

Opaque walls, fences or planter boxes, or any combination of them, shall be used to screen mechanical equipment and trash containers from view in adjacent public areas.

The design of structures and outdoor pedestrian areas shall take into consideration environmental factors such as prevailing wind, salt spray, solar exposure, snow and heavy rains.

Along the length of a building, the roofline shall not be continuous for more than 60 feet.

The maximum height of a building measured from the overslope platform or the adjacent grade to the highest roof peak shall not exceed 25 feet.

A public access not less than eight feet wide to an area overlooking the harbor shall be provided at each end of an overslope platform and at intervals not greater than 150 feet on the overslope platform.

A continuous pedestrian corridor at least eight feet wide must extend the length of the overslope development, on either the harbor or the uplands side, or some combination thereof. The corridor must be clear of obstructions, but may be covered by an awning or roof overhang. The minimum eight-foot width of the corridor may not be counted to meet landscaping or public open space requirements.

(Ord. 09-44(S) § 3, 2009; Ord. 20-29 § 1, 2020)

§ 21.46.070 Signs.

Signs are subject to the requirements in Chapter 21.60 HCC that apply in the underlying zoning district; provided, that the maximum combined total area for all signs under Table 2 in HCC § 21.60.060(c) is calculated on a per-building basis instead of on a per-lot basis. No sign bearing a commercial message, as defined in HCC § 21.60.040, may be placed in an outdoor public open space.

(Ord. 09-44(S) § 3, 2009)

§ 21.46.080 Landscaping.

Five percent of the area of an overslope platform must be landscaped.

In addition to the types of plantings listed in the definition of landscaping in HCC § 21.03.040, landscaping on an overslope platform may include planter boxes and hanging basket plantings.

The Commission may permit the substitution of durable outdoor art, or amenities for public use such as bike racks, benches, trash receptacles and information kiosks, for part of the required landscaping on an overslope platform.

(Ord. 09-44(S) § 3, 2009)

§ 21.46.090 Architectural plans.

An application for an overslope development conditional use shall include the following detailed plans and specifications showing compliance with the requirements of this chapter:

Floor plans at a scale of one-eighth inch equals one foot.

Architectural elevations.

Site elevation showing the relationship to the platform of the base flood elevation and mean high tide line, and the elevation of the land where the platform adjoins the shore.

Exterior finish schedule.

Roof plan showing direction of drainage and where runoff will go.

Drawings must show design oversight by an architect registered under the laws of the State of Alaska.

(Ord. 09-44(S) § 3, 2009)

Homer City Zoning Code

Division III

§ 21.38.010 Purpose and intent.

§ 21.38.020 Overlay district boundaries.

§ 21.38.030 Applicability.

§ 21.38.040 Prohibited uses.

§ 21.38.050 Signs.

§ 21.40.010 Purpose.

§ 21.40.020 Description of area – Authority.

§ 21.40.040 Compliance.

§ 21.40.045 Permits required.

§ 21.40.048 Zoning permit not required.

§ 21.40.050 Permitted uses and structures.

§ 21.40.055 Prohibited uses.

§ 21.40.060 Conditional uses and structures.

§ 21.40.070 Requirements.

§ 21.40.080 Erosion and sediment control.

§ 21.40.090 Agricultural activity.

§ 21.40.100 Timber growing and harvesting operations.

§ 21.40.110 Stream buffers.

§ 21.40.120 Bridge Creek Reservoir buffer.

§ 21.40.130 Exceptions to buffers.

§ 21.40.135 Nonconforming lots, uses, and structures.

§ 21.40.140 Pollution prohibited.

§ 21.40.150 Enforcement.

§ 21.41.010 Purpose and intent.

§ 21.41.020 Applicability.

§ 21.41.030 Definitions.

§ 21.41.040 Basis for establishing flood hazard areas.

§ 21.41.050 Warning – No liability.

§ 21.41.060 Noncompliance – Violations – Enforcement.

§ 21.41.070 Development permit required.

§ 21.41.080 Administration by Planning Department.

§ 21.41.090 Functions and powers of Planning Department.

§ 21.41.100 Fee required.

§ 21.41.200 Standards – All flood hazard areas.

§ 21.41.220 Standards – Where base flood elevation data is provided.

§ 21.41.230 Standards – Floodways.

§ 21.41.240 Standards – Shallow flooding areas.

§ 21.41.250 Standards – Coastal high hazard areas.

§ 21.41.300 Variances – Planning Commission.

§ 21.41.310 Variances – Factors considered.

§ 21.41.320 Variances – Conditional approval.

§ 21.41.330 Variances – Records and reports.

§ 21.41.340 Variances – Conditions for granting.

§ 21.41.400 Appeals.

§ 21.44.010 Purpose and intent.

§ 21.44.020 Applicability.

§ 21.44.030 Slope development standards.

§ 21.44.040 Exceptions to setback requirements.

§ 21.44.050 Site plan requirements for slope development.

§ 21.46.010 Purpose and intent.

§ 21.46.020 Overlay district boundaries.

§ 21.46.030 Applicability.

§ 21.46.040 Conditional uses.

§ 21.46.050 Overslope platform standards.

§ 21.46.060 Architectural standards.

§ 21.46.070 Signs.

§ 21.46.080 Landscaping.

§ 21.46.090 Architectural plans.