a. All development in all zoning districts must comply with minimal site development standards. There are various levels of standards set forth in this chapter.

b. The level of site development standards required is specified in the applicable zoning district regulations. [Ord. 13-27 § 12, 2013; Ord. 08-29, 2008].

This section establishes level one site development standards.

a. Slopes. All development on a site affected by a slope of 15 percent or more, bluff, coastal edge or ravine, as described in HCC 21.44.020, shall be subject to the requirements of Chapter 21.44 HCC in addition to the requirements of this section.

b. Drainage. All development activity on lands shall conform to the following:

1. Development shall provide a drainage system that is designed to deposit all runoff into either an engineered drainage system or into a natural drainage.

2. Where open-ditch construction is used to handle drainage within the development, a minimum of 15 feet shall be provided between any structures and the top of the bank of the defined channel of the drainage ditch.

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

c. Landscaping Requirements. All development activity on lands shall conform to the following:

1. Development activities shall not adversely impact other properties by causing damaging alteration of surface water drainage, surface water ponding, slope failure, erosion, siltation, intentional or inadvertent fill or root damage to neighboring trees, or other damaging physical impacts. 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.

2. Upon completion of earthwork, all exposed slopes and all cleared, filled, and disturbed soils shall be protected against subsequent erosion by methods such as, but not limited to, landscaping, maintenance of native vegetative cover, or plantings to minimize invasive species.

3. All exposed, cleared, filled and disturbed soils shall be revegetated within nine months following the initiation of earthwork, or reseeded by the next August 31st. Native revegetation is acceptable if the site naturally revegetates within that nine-month period. If native revegetation is not successful within that nine-month period, the property owner and developer shall revegetate by other means no later than the end of that nine-month period.

4. Drainage can be stabilized by other means than vegetation, if approved in writing by the City Engineer.

d. A stormwater plan approved under Chapter 21.75 HCC is required for development that:

1. Creates more than 25,000 square feet of new impervious surface area on a lot;

2. Increases the total impervious surface area of a lot beyond one acre;

3. Includes grading, excavation or filling that cumulatively moves 1,000 cubic yards or more of material; or

4. Includes grading, excavation or filling that creates a permanent slope of 3:1 or more, and that has a total height, measured vertically from toe of slope to top of slope, exceeding 10 feet. [Ord. 22-32 § 3, 2022; Ord. 15-08(S)(A) § 1, 2015; Ord. 13-27 § 13, 2013; Ord. 10-56 § 3, 2011; Ord. 10-54 § 1, 2011; Ord. 08-29, 2008].

This section establishes level two site development standards.

a. Site Development.

1. Development shall not adversely impact other properties by causing damaging alteration of surface water drainage, surface water ponding, slope failure, erosion, siltation, or root damage to neighboring trees, or other adverse effects.

2. Upon completion of earthwork, all exposed slopes and all cleared, filled, and disturbed soils shall be protected against subsequent erosion by methods such as, but not limited to, landscaping, planting, and maintenance of vegetative cover.

3. All exposed, cleared, filled and disturbed soils shall be revegetated within nine months following the initiation of earthwork.

b. Slopes. All development on a site affected by a slope of 15 percent or more, bluff, coastal edge or ravine, as described in HCC 21.44.020, shall be subject to the requirements of Chapter 21.44 HCC in addition to the requirements of this section.

c. Drainage.

1. Development shall provide a drainage system, as approved by the City, that is designed to deposit all runoff into either an engineered drainage system or into a natural drainage.

2. Where open-ditch construction is used to handle drainage within the development, a minimum of 15 feet shall be provided between any structures and the top of the bank of the defined channel of the drainage ditch.

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

4. Drainage can be stabilized by methods other than vegetation, if approved in writing by the City Engineer.

d. A development activity plan (DAP) approved by the City under Chapter 21.74 HCC is required if the project includes:

1. Land clearing or grading of 10,000 square feet or greater surface area;

2. The cumulative addition of 5,000 square feet or greater of impervious surface area from pre-development conditions;

3. Grading involving the movement of 1,000 cubic yards or more of material;

4. Grading that will result in a temporary or permanent slope having a steepness of 3:1 or greater and having a total slope height, measured vertically from toe of slope to top of slope, exceeding five feet;

5. Grading that will result in the diversion of an existing drainage course, either natural or human-made, from its existing point of entry to or exit from the grading site; or

6. Any land clearing or grading on a slope steeper than 20 percent, or within 20 feet of any wetland, watercourse, or water body.

e. A stormwater plan (SWP) approved under Chapter 21.75 HCC is required if the project includes:

1. An impervious surface coverage that is greater than 60 percent of the lot area (existing and proposed development combined);

2. The cumulative addition of 25,000 square feet or greater of impervious surface area from the pre-development conditions;

3. Land grading of one acre or greater surface area;

4. Grading involving the movement of 10,000 cubic yards or more of material;

5. Grading that will result in a temporary or permanent slope having a steepness of 3:1 or greater and having a total slope height, measured vertically from toe of slope to top of slope, exceeding 10 feet; or

6. Any land clearing or grading on a slope steeper than 25 percent, or within 10 feet of any wetland, watercourse, or water body.

f. Landscaping Requirements. All development shall conform to the following landscaping requirements:

1. Landscaping shall include the retention of native vegetation to the maximum extent possible and shall include, but is not limited to, the following:

a. Buffers.

i. A buffer of three feet minimum width along all lot lines where setbacks permit; except where a single use is contiguous across common lot lines, such as, but not limited to, shared driveways and parking areas. Whenever such contiguous uses cease the required buffers shall be installed.

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

b. Parking Lots.

i. A minimum of 10 percent of the area of parking lots with 24 spaces or more shall be landscaped in islands, dividers, or a combination of the two;

ii. Parking lots with 24 spaces or more must 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 exempt from the requirement of subsection (f)(1)(b)(i) of this section.

2. 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 full 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. 22-32 § 4, 2022; Ord. 15-08(S)(A) § 2, 2015; Ord. 13-27 § 14, 2013; Ord. 10-56 § 4, 2011; Ord. 08-29, 2008].

This section establishes level three site development standards.

a. Site Development.

1. Development shall not adversely impact other properties by causing damaging alteration of surface water drainage, surface water ponding, slope failure, erosion, siltation, or root damage to neighboring trees, or other adverse effects.

2. Upon completion of earthwork, all exposed slopes and all cleared, filled, and disturbed soils shall be protected against subsequent erosion by methods such as, but not limited to, landscaping, planting, and maintenance of vegetative cover.

b. Landscaping Requirements. Landscaping shall include the retention of native vegetation to the maximum extent possible and shall include, but is not limited to, the following:

1. A buffer of three feet minimum width along all lot lines where setbacks permit; except where a single use is contiguous across common lot lines, such as, but not limited to, shared driveways and parking areas. Whenever such contiguous uses cease the required buffers shall be installed.

2. In addition to the types of plantings listed in the definition of “landscaping” in HCC 21.03.040, landscaping may include planter boxes and hanging basket plantings. Amenities for public use such as bike racks, benches, trash receptacles and information kiosks may be substituted for an equal area of required landscaping. [Ord. 13-27 § 15, 2013; Ord. 13-11(A) § 10, 2013].

a. Fences may be constructed at the lot line, subject to the limitation of this section.

b. In all residential zoning districts no fence on or within 20 feet of the front lot line may exceed four feet in height.

c. No fence may block any sight distance triangle that may be required by the zoning code or any other law. [Ord. 08-29, 2008].

a. Except as provided in subsection (c) of this section, fences may be constructed to heights in excess of those allowed by HCC 21.50.110 only when a conditional fence permit is first approved by the Planning Commission.

b. Prior to granting such a permit, the applicant must demonstrate and the Planning Commission must find that:

1. The issuance of such a permit is reasonably necessary, by reason of unusual or special circumstances or conditions relating to the property, for the preservation of valuable property rights for full use and enjoyment of the property;

2. The fence will not create a safety hazard for pedestrians or vehicular traffic;

3. The fence is a planned architectural feature designed to avoid dominating the site or overwhelming adjacent properties and structures;

4. The orientation and location of the fence is in proper relation to the physical characteristics of the site and the surrounding neighborhood;

5. The fence will be of sound construction.

c. Exception. Under no circumstances will a conditional fence permit be considered for a fence that exceeds the limits of a required sight distance triangle. [Ord. 13-27 § 16, 2013; Ord. 08-29, 2008].

a. Except as permitted in subsection (b) of this section, fill material shall be free of large organic debris (including without limitation stumps), construction or demolition debris (including without limitation concrete and asphalt), garbage and any material that is categorized as hazardous or toxic under Federal or State law.

b. Fill material that will not support a structure may include large organic debris that originated on the lot where the fill is placed; provided, that it is capped with clean fill for future landscaping or driveway use.

c. The placement of fill to a depth greater than three feet over 25 percent or more of a lot is subject to following requirements:

1. Before any fill is placed, a grading plan for the lot must be approved by the City Engineer. The grading plan shall show the following:

a. The existing grade and finished grade of the lot using contour intervals sufficiently small to show the nature and extent of the work, and its compliance with the requirements of this title; and

b. The existing grade on adjoining properties in sufficient detail to identify how grade changes will conform to the requirements of this title.

2. Best management practices shall be used to limit sedimentation and stormwater runoff, and shall be installed before fill is placed on the lot.

3. All corners of the lot shall be flagged before fill is placed on the lot.

4. The slope of the fill shall not exceed 50 percent or 1:2.

5. No fill may be placed closer than five feet to a side or rear lot line, except that clean fill may be placed on adjoining lots up to their common lot line after approval of a development plan including a drainage plan by the City Engineer and the owners of all lots on which the fill will be placed.

6. The placement of fill shall be completed within 24 months after its commencement, and the filled area shall be capped and seeded as soon as possible within the growing season. [Ord. 10-54 § 2, 2011].

This section applies to home occupations in all districts where home occupations are permitted or conditional uses.

a. The home occupation shall be carried on entirely within the dwelling unit or accessory building and its function shall be clearly subordinate to the principal residential use of the premises.

b. The home occupation shall not cause any noise, odors, effluent, smoke, dust, vibrations, electrical interference, bright or flashing light, or other objectionable conditions that would interfere with the quiet enjoyment of a residential neighborhood. There shall be no visible manifestations of the home occupation from the exterior, including no exterior storage or display of goods or materials, and no parking or storage of trucks, machinery or equipment on or about the premises. A home occupation shall not include automobile or machinery repairs, welding, sheet metal, or other similar work.

c. A home occupation shall not require regular or frequent deliveries of goods or materials of such bulk or quantity, nor the parking of customer or client’s vehicles in numbers or frequency, over and above the normal traffic associated with the dwelling as a residence.

d. A home occupation shall be carried on only by the full-time occupants of the dwelling unit.

e. Signage is restricted to one residential sign that must be a building sign and otherwise comply with Chapter 21.60 HCC. [Ord. 08-29, 2008].

This section applies to bed and breakfast facilities in all districts in which such use is permitted or conditionally permitted.

a. A bed and breakfast must be accessory to and in a dwelling occupied by the operator as the operator’s primary residence.

b. A bed and breakfast is limited to a maximum of five bedrooms for overnight guests.

c. Serving food to overnight guests is allowed.

d. Signage is restricted to one residential sign that must be a building sign and otherwise comply with Chapter 21.60 HCC. [Ord. 08-29, 2008].

This chapter applies to all planned unit developments in the City. A planned unit development (PUD) is a device that allows a development to be planned and built as a unit, or as phased units, and permits flexibility and variation in many of the traditional controls related to density, land use, setback, open space and other design elements, and the timing and sequencing of the construction. A PUD may be applicable to either residential, commercial, noncommercial or industrial uses or a combination thereof. [Ord. 08-29, 2008].

a. PUDs are allowed in a zoning district only when allowed by the code provisions specifically applicable to that district. A PUD may consist of residential, noncommercial, commercial or industrial uses or a combination thereof, subject to any limitations or exceptions provided in this title.

b. In every PUD and during every stage of development of the PUD, at least 60 percent of the uses in the PUD must be uses that are listed as permitted outright or conditionally within the zoning district in which it is located. To satisfy this standard, the PUD must satisfy all of the following tests:

1. The total of floor area plus exterior lot area occupied by uses listed as permitted outright or conditionally in the zoning district must be not less than 60 percent of the total of floor area plus exterior lot area occupied by all uses in the PUD; and

2. The tax assessed valuation of that portion of the structures in the PUD used for uses listed as permitted outright and conditionally in the zoning district must total not less than 60 percent of the total assessed valuation of all structures in the PUD. [Ord. 08-29, 2008].

a. A conditional use permit application and a development plan for a PUD shall be submitted to the City for administrative review and recommendation to the Commission. The PUD development plan shall include the following:

1. A statement of purpose and objective;

2. A specific plan of development, including a designation of land uses by relative intensity and the land area intended for each land use;

3. A program of development outlining the stages of future development and the phase for current approval;

4. The time schedule for construction and completion of all stages and all phases;

5. A narrative description demonstrating the independence of each stage;

6. The general location and size of the area involved and the nature of the land owner’s interest in the land to be developed;

7. The density of land use to be allocated to parts of the area to be developed;

8. The location, function, ownership and manner of maintenance of common open space for the management during construction; and management during each phase of development, the final management of the completed development;

9. The use, height, bulk and location of buildings and other structures;

10. A utilities and drainage plan;

11. The substance of covenants, grants of easements or other restrictions to be imposed upon the use of the land, buildings and structures, including proposed easements for public utilities and public access;

12. A plan showing parking; loading areas; snow removal and storage areas; the location and width of proposed streets and public ways; and the relationship of new or existing streets and other public facilities in proximity to the planned development;

13. In the case of plans that call for development over a period of years, a schedule showing the time within which application for final approval of all parts of the planned development is intended to be filed;

14. A list of all permits required from local, State and Federal agencies for the uses proposed in the PUD;

15. Site plans sufficient to depict above listed requirements or other conditions required by staff;

16. A description of methods to be employed to assure maintenance of any common areas and facilities shall be submitted;

17. Calculations showing the requirements of HCC 21.52.020(b) will be satisfied;

18. Where practical and safe, and where other means of access have not been provided, public access easements or dedications may be required to provide access to contiguous public lands or connections with existing or proposed non-motorized transportation corridors.

b. The City Planner will review the conditional use permit application and development plan to determine their completeness. If adequate information is available to allow for Commission review, the application will be scheduled before the Commission as a conditional use permit application. The City Planner shall recommend approval, approval with conditions or disapproval to the Commission. [Ord. 10-57 §§ 5, 6, 2011; Ord. 08-29, 2008].

a. The Commission will review the application and development plan according to provisions applicable to conditional use permits, planned unit developments and the zoning district in which the PUD is to be located.

b. If the Commission determines that the PUD development plan does not satisfy the conditional use permit standards and requirements or is not consistent with good design, efficient use of the site, or community standards, the Commission shall deny the application.

c. If the Commission determines that the PUD development plan does satisfy the conditional use permit standards and requirements, and is consistent with good design, efficient use of the site and community standards, the Commission may approve the development plan and a conditional use permit with such modifications or conditions that it deems necessary to protect the public health, safety, and welfare of the community and the surrounding area.

d. In any event, the Commission shall adopt written findings of fact and conclusions that are supported by substantial evidence in the record and adequately set forth the basis for the decision. [Ord. 08-29, 2008].

a. A residential PUD (any planned unit development that includes any residential uses) shall comply with the requirements and conditions of this section. A residential PUD shall also comply with HCC 21.52.060 if commercial, noncommercial or industrial uses are included in the PUD.

b. Connections to public water and sewer utilities, if available, shall be provided as part of the PUD. If public water and sewer utilities are not available, systems provided must be approved by the Alaska Department of Environmental Conservation.

c. Density.

1. Maximum floor area in the PUD shall not exceed 0.4 times the gross land area;

2. Total open area shall be at least 1.1 times the total floor area;

3. For purposes of subsection (c)(2) of this section, open area shall not include areas used for parking or maneuvering incidental to parking or vehicular access. Open area may include walkways, landscaped areas, sitting areas, recreation space, and other amenities. All open area shall be suitably improved for its intended use but open area containing natural features worthy of preservation may be left unimproved.

d. Common Open Space.

1. All or a portion of the open area may be set aside as common open space for the benefit, use and enjoyment of present and future residents of the development.

2. The development schedule that is part of the development plan must coordinate the improvement of the common open space with the construction of residential dwellings in the planned development.

3. For any areas to be held under any form of common ownership, a written description of the owner’s intentions for the creation of legally enforceable future maintenance provisions shall be submitted with the conditional use permit application. The description shall indicate whether membership of property owners in an association for maintenance of the common area will be mandatory.

e. Perimeter Requirements. If topographical or other barriers do not provide adequate privacy for uses adjacent to the PUD, the Commission may impose conditions to provide adequate privacy, including without limitation one or both of following requirements:

1. Structures located on the perimeter of the planned development must be set back a distance sufficient to protect the privacy of adjacent uses;

2. Structures on the perimeter must be permanently screened by a fence, wall or planting or other measures sufficient to protect the privacy of adjacent uses.

f. Dimensional Requirements. Dimensional requirements may be varied from the requirements of the district within which the PUD is located. All departures from those requirements will be evaluated against the following criteria:

1. Privacy. The minimum building spacing is one method of providing privacy within the dwelling unit. Where windows are placed in only one or two facing walls or there are no windows, or where the builder provides adequate screening for windows, or where the windows are at such a height or location to provide adequate privacy, the building spacing may be reduced.

2. Light and Air. The building spacing provides one method of ensuring that each room has adequate light and air. Building spacing may be reduced where there are no windows or very small window areas and where rooms have adequate provisions for light and air from another direction.

3. Use. Where areas between buildings are to be used as service yards for storage of trash, clotheslines or other utilitarian purposes for both buildings, then a reduction of building space permitting effective design of a utility space may be permitted. Kitchens and garages are suitable uses for rooms abutting such utility yards.

4. Building Configuration. Where building configuration is irregular so that the needs expressed in subsections (f)(1), (2), and (3) of this section are met by the building configuration, reduced building spacing may be permitted.

5. Front Yard. Where the PUD provides privacy by reducing traffic flow through street layouts such as cul-de-sacs, or by screening or planting, or by fencing the structure toward open space or a pedestrian way, or through the room layout, the right-of-way setback requirement may be reduced.

6. Lot Width. A minimum lot width is intended to prevent the construction of long, narrow buildings with inadequate privacy, light and air. There are situations as in cul-de-sacs, steep slopes or off-set lots where, because of lot configuration or topography, narrow or irregular lots provide the best possible design. Where the design is such that light, air and privacy can be provided, especially for living spaces and bedrooms, a narrower lot width may be permitted. [Ord. 08-29, 2008].

a. Any PUD that contains any commercial, noncommercial, or industrial use shall comply with the requirements and conditions of this section. If residential use is included in the PUD, it shall also comply with HCC 21.52.050.

1. For purposes of this section, a commercial use is defined as an occupation, employment, or enterprise that is carried on for profit that is not an industrial use.

2. For purposes of this section, an industrial use is defined as a use engaged in the processing or manufacturing of materials or products, including processing, fabrication, assembly, treatment, packaging, storage, sales or distribution of such products.

3. For purposes of this section a noncommercial use is a use that is neither residential, commercial nor industrial.

b. A planned unit development that includes commercial, noncommercial or industrial uses shall comply with the following requirements and conditions:

1. The PUD site shall have direct access to an arterial or collector street.

2. Utilities, roads and other essential services must be constructed, installed and available for the immediate use of occupants of the PUD.

3. The PUD shall be developed with a unified architectural treatment in exterior building materials, colors and design features.

c. If topographical or other barriers do not provide adequate privacy for uses adjacent to the PUD, the Commission may impose conditions to provide adequate privacy, including without limitation one or both of following requirements:

1. Structures located on the perimeter of the planned development must be set back a distance sufficient to protect the privacy of adjacent uses;

2. Structures on the perimeter must be permanently screened by a fence, wall or planting or other measures sufficient to protect the privacy of adjacent uses.

d. Dimensional Requirements. Setbacks and distances between buildings within the development shall be at least equivalent to that required by the zoning district in which the PUD is located unless the applicant demonstrates that:

1. A better or more appropriate design can be achieved by not applying the provisions of the zoning district; and

2. Adherence to the dimensional requirements of the zoning district is not required in order to protect health, safety and welfare of the occupants of the development and the surrounding area.

e. The site development standards of HCC 21.50.030 shall be met. [Ord. 13-27 § 17, 2013; Ord. 08-29, 2008].

After a PUD conditional use permit and development plan are approved by the Commission, construction of the planned unit development must begin within two years of the approval of the conditional use permit. The Commission may extend the time to begin construction by not more than two additional years for good cause shown. If construction is not begun within such time, including any extensions granted, the conditional use permit and development plan approvals lapse, and the conditional use permit and development plan must be resubmitted to the Planning Commission for re-approval. After a lapse of one year or more, a new conditional use permit application and PUD development plan cannot be re-approved and must be submitted to the Commission as a new application for complete reconsideration. [Ord. 08-29, 2008].

In zoning districts where townhouses may be conditionally permitted, a conditional use permit for a townhouse may be approved by the Commission if the following requirements are met:

a. The proposed development satisfies all criteria for approval of a conditional use permit.

b. A detailed development plan is submitted with the application for a conditional use, including a site plan drawn to scale. The site plan shall include but shall not be limited to the topography and drainage of the proposed site, the location of all buildings and structures on the site, courts and open space areas, circulation patterns, ingress and egress points, parking areas (including the total number of parking spaces provided) and a general floor plan of the main buildings, together with other such information as the Commission shall require.

c. Not more than six contiguous townhouses shall be built in a row with the same or approximately the same front line and not more than 12 townhouses shall be contiguous.

d. No townhouse project shall be located any closer than 600 feet to another townhouse project unless otherwise approved by the Commission.

e. No portion of a townhouse or accessory structure in, or related to, one group of contiguous townhouses shall be closer than 15 feet to any portion of another townhouse (or accessory structure related to another townhouse group), or to any building outside the townhouse project.

f. Minimum lot width for each townhouse unit is 24 feet.

g. Minimum lot area for each townhouse unit shall be as follows:

1. For a two-unit townhouse, 4,000 square feet lot area per unit;

2. For a three-unit townhouse, 3,000 square feet lot area per unit;

3. For a four-unit or greater townhouse, 2,000 square feet lot area per unit.

h. Each townhouse unit shall have a total yard area containing at least 1,000 square feet. Such total yard area may be reduced to 500 square feet per unit if 500 square feet of common open or common recreational area, not including parking spaces, is provided for each unit. Such yard area shall be reasonably secluded from view from streets and not used for off-street parking or for any accessory building.

i. Grouping of parking spaces is desirable; provided, that spaces intended for a particular unit are no more than 100 feet from the unit. On minor streets, use of the right-of-way may be permitted for maneuvering incidental to parking that will facilitate snow removal. On collector and arterial streets, maneuvering incidental to parking shall not be permitted.

j. Visibility at Intersections. At all intersections of private drives, including such drives and access routes on adjacent property, and at the intersection of any private drive or entrance or exit for a common parking area with a public street, visibility clearance shall be maintained according to HCC 21.73.200.

k. Minimum setbacks for all townhouse buildings shall be the setback requirements of the zoning district within which it is located.

l. Maximum building height shall not exceed 25 feet.

m. All party walls shall adhere to fire safety standards as established by the State Fire Marshal.

n. All townhouse developments shall be constructed in compliance with all applicable State statutes then in effect.

o. All areas not devoted to buildings, drives, walks, parking areas or other authorized improvements shall be covered with one or more of the following: lawn grass, natural or ornamental shrubbery or trees.

p. All roadways, fire lanes or areas for maneuvering incidental to parking (not to include designated commonly held open space or recreation areas) shall be a minimum of 22 feet in width. No vehicular parking shall be allowed in the aforementioned areas.

q. The standards set forth in this section are in addition to the general standards for a conditional use permit. In the event of conflict, the stricter standard shall control. [Ord. 08-29, 2008].

If the Uniform Common Interest Ownership Act applies to a townhouse or other project, it is a violation of this code to sell, market for sale, or otherwise transfer any unit or other interest in the townhouse or other project except in full compliance with that act. [Ord. 08-29, 2008].

This article establishes minimum standards governing mobile home parks. [Ord. 08-29, 2008].

Mobile home parks will be allowed only in those zoning districts that list mobile home parks as permitted or conditionally permitted. [Ord. 08-29, 2008].

a. Only one mobile home or duplex mobile home shall occupy a space.

b. More than one space may be located on a lot, subject to the following: Each space for a mobile home shall contain not less than 3,000 square feet, exclusive of space provided for the common use of tenants, such as roadways, general use structures, guest parking, walkways, and areas for recreation and landscaping. Spaces designed and rented for duplex mobile homes shall have a minimum of 4,500 square feet. [Ord. 08-29, 2008].

a. Minimum Lot Size. Lots used for mobile home parks shall be no smaller than the minimum lot size for the zoning district in which the mobile home park is located.

b. Setbacks. In addition to the required setbacks from lot lines and rights-of-way applicable to the zoning district:

1. No mobile home in the park shall be located closer than 15 feet from another mobile home or from a general use building in the park.

2. No building or structure accessory to a mobile home on a mobile home space shall be closer than 10 feet from another mobile home, another accessory building or another mobile home space.

3. Along any vehicular right-of-way within the mobile home park, mobile homes and other buildings shall be set back a minimum of 10 feet from the edge of the right-of-way. [Ord. 08-29, 2008].

A minimum of 10 percent of the total area of all lots used for a mobile home park shall be devoted to a common open space for use by residents of the mobile home park. This open space shall not include areas used for vehicle parking or maneuvering, vehicle access, or any area within a mobile home space. The open space may include lawns and other landscaped areas, walkways, paved terraces, and sitting areas. The common open space shall be reasonably secluded from view from streets and shall be maintained in a neat appearance. [Ord. 08-29, 2008].

a. Storage. Not less than 200 cubic feet of covered storage shall be provided for each mobile home space (but not necessarily on each space).

b. Perimeter. The land used for mobile home park purposes shall be effectively screened, except at entry and exit places, by a wall, fence or other sight-obscuring screening. Such screening shall be of a height adequate to screen the mobile home park from view and shall be maintained in a neat appearance.

c. Water and Sewer. All mobile homes in the park shall be connected to water and sewage systems before they are occupied. Evidence shall be provided with the application for a mobile home park that the park will meet the standards of the Alaska Department of Environmental Conservation. [Ord. 08-29, 2008].

a. Access. Each mobile home space shall be directly accessible by a vehicle from an internal street without the necessity of crossing any other space. Direct vehicular access from public streets to a mobile home space is prohibited.

b. Parking. A minimum of two parking spaces shall be provided for each mobile home space. An additional common parking area for guests shall be provided with one space for every four mobile homes. [Ord. 08-29, 2008].

a. Circulation. The internal street system of a mobile home park shall provide convenient circulation by means of minor streets and collector streets. Dead-end streets shall be provided with an adequate turning circle at least 80 feet in diameter.

b. Street Widths. The width of internal streets shall be adequate to accommodate the contemplated traffic load, and no less than the following minimums:

c. If utilities are planned to be in or next to streets, additional width may be required by the Commission to accommodate the utilities. [Ord. 08-29, 2008].

Each mobile home structure, whether located in a mobile home park or on an individual lot, shall meet the following standards:

a. The mobile home shall contain sleeping accommodations, a flush toilet, a tub or shower and kitchen facilities, with plumbing and electrical connections provided for attachment to public utilities or approved private systems.

b. The mobile home shall be fully skirted and, if a single-wide unit, shall be tied down with devices that meet State standards. [Ord. 10-01(S) § 4, 2010].

Article II. Recreational Vehicles and RV Parks

HCC 21.54.200 through 21.54.325 establish standards governing recreational vehicle parks, recreational vehicles in residential zoning districts, and employee-occupied recreational vehicles. [Ord. 18-04 § 2, 2018; Ord. 08-29, 2008].

a. Space Size. The space provided for each recreational vehicle shall be a minimum of 600 square feet, exclusive of any space used for common areas, driving lanes, walkways, general use structures, and landscaped areas.

b. Identification. Each recreational vehicle space shall be plainly marked and numbered for identification.

c. Occupancy. Only one recreational vehicle shall occupy a space. Recreational vehicle parks may be open on a year-round basis. Except as otherwise permitted under this title, no recreational vehicle shall be parked for occupancy in a recreational vehicle park for more than 30 continuous days, nor shall a recreational vehicle be parked for occupancy in a recreational vehicle park for more than 120 days in any 12-month period. [Ord. 18-04 § 3, 2018; Ord. 08-29, 2008].

The minimum lot size for a recreational vehicle park in any zoning district is 40,000 square feet or the minimum lot size for the zoning district in which it is located, whichever is greater. [Ord. 08-29, 2008].

Surfaces shall be designed and contoured to provide for adequate runoff of surface water and be approved by the Public Works Department. [Ord. 08-29, 2008].

a. Sources of potable water and wastewater disposal facilities shall be in accordance with applicable Alaska Department of Environmental Conservation regulations.

b. The park shall provide toilets and lavatories for use by park occupants. They shall be constructed, maintained, and operated in accordance with applicable Alaska Department of Environmental Conservation regulations.

c. Solid Waste Disposal. The recreational park must provide adequate covered receptacles for trash collection and adequate trash removal. [Ord. 08-29, 2008].

Noise emanating from a recreational vehicle park and its occupants shall not unreasonably disturb or interfere with the peace, comfort and repose of persons with ordinary sensibilities. It is a violation for a park owner, park operator, or park occupant to cause or allow noise in excess of this standard. [Ord. 08-29, 2008].

a. One parking space shall be provided within each recreational vehicle space. This parking space is in addition to the space allotted to the recreational vehicle.

b. Additional parking shall be provided for exclusive use of the park manager and employees.

c. Guest parking shall be provided at a rate of one parking space per 25 recreational vehicle spaces.

d. Handicapped recreational vehicle spaces shall be provided in compliance with applicable Federal and State laws and regulations. [Ord. 08-29, 2008].

This section applies to all driving lanes and streets within the recreational vehicle park.

a. All designated driving lanes shall be not less than 15 feet in width for one-lane traffic or 30 feet in width for two-lane traffic and shall adhere to applicable AASHTO design criteria.

b. All driving lanes shall be surfaced with crushed gravel, asphalt, or concrete and designed to permit easy access to all recreational vehicle spaces.

c. Driving lane maintenance and snow removal are the responsibility of park owner and operator. [Ord. 08-29, 2008].

At least seven percent of the area of the entire recreational vehicle park site shall be devoted and maintained as open space. [Ord. 08-29, 2008].

Accessory uses within the recreational vehicle park may include a park office, a place for the park operator to live, a bathhouse for park occupants and outhouse buildings, a small convenience store, storage buildings, and other necessary facilities. [Ord. 08-29, 2008].

All recreational vehicle parks must comply with applicable local, State and Federal requirements prior to receiving a City zoning permit. [Ord. 08-29, 2008].

If existing recreational park facilities are unavailable or inadequate to meet special and temporary anticipated needs of a scheduled caravan, temporary recreational vehicle parks may be established for a scheduled caravan; provided, that written authorization is obtained from the City Planner prior to occupancy. The City Planner may impose on the authorization all conditions necessary to preserve the health, safety, and welfare of the caravan participants and the community. [Ord. 08-29, 2008].

Outside of recreational vehicle parks, the use of recreational vehicles in the Rural Residential, Urban Residential or Residential Office zoning districts shall conform to the following standards, except to the extent otherwise specified in the regulations applicable in the zoning district:

a. As an accessory to a dwelling unit on a lot, one recreational vehicle per lot may be used for occasional living purposes to accommodate persons while visiting the residents of the dwelling unit. A recreational vehicle used for such purposes must be a self-contained recreational vehicle and must have a receptacle approved by law for collection of liquid and semi-solid wastes. Direct hook-up to municipal water and sewer is prohibited. While the recreational vehicle being used to accommodate visitors is parked on the property, it must be parked in a manner that will not create a dangerous or unsafe condition on the lot or adjacent properties. Parking in such fashion that the recreational vehicle may tip or roll constitutes a dangerous and unsafe condition. A parked recreational vehicle used to accommodate visitors must be in a condition for the safe and effective performance of its intended function as an operable motor vehicle.

b. Occasional use of a recreational vehicle to accommodate visitors as allowed in subsection (a) of this section may not exceed a total of 90 days per calendar year on a lot. Such occasional use to accommodate visitors must be approved by the property owner, and in the case of property under lease, by both the lessee and the property owner.

c. While actually and lawfully being used under this section to accommodate visitors recreational vehicles are not considered as stored for purposes of HCC 21.12.020(k), 21.14.020(i) and 21.16.020(l). [Ord. 08-29, 2008].

Outside of recreational vehicle parks, the use of recreational vehicles in the marine commercial and industrial zoning districts shall conform to the following standards:

a. A property owner may have one employee-occupied recreational vehicle per lot. An employee-occupied recreational vehicle must be a self-contained recreational vehicle and must have a receptacle approved by law for collection of liquid and semi-solid wastes. While the employee-occupied recreational vehicle is parked on the property, it must be parked in a manner that will not create a dangerous or unsafe condition on the lot or adjacent properties. Parking in such fashion that the recreational vehicle may tip or roll constitutes a dangerous and unsafe condition. A parked employee-occupied recreational vehicle must be in a condition for the safe and effective performance of its intended function as an operable motor vehicle, registered and insured.

b. An employee-occupied recreational vehicle may not be placed in a parking space required to comply with the Homer Zoning Code.

c. An employee-occupied recreational vehicle may not directly hook up to municipal water and sewer without first obtaining written approval by the Public Works Director or his or her designee. The Public Works Director shall grant approval for direct hook-up to the municipal water and sewer if he or she determines that the applicant is in full compliance with this title. A permit under this subsection may only be submitted by a property owner or a lessee of the property.

d. All employee-occupied recreational vehicles covered in this section must obtain a zoning permit and pay an annual fee. [Ord. 18-12(A)(S) § 1, 2018; Ord. 18-04 § 4, 2018].

Ordinance 10-01(S) § 1, 2010.

Ordinance 10-01(S) § 2, 2010.

Ordinance 10-01(S) §§ 3 and 4, 2010, repealed HCC 21.54.060 and enacted HCC 21.54.100, Standards for mobile home structures.

The purpose of this chapter is to:

a. Promote public safety, convenience, comfort and welfare by establishing minimum standards for safe and efficient off-street vehicle parking, avoid unnecessary interference with the public use of streets, reduce traffic hazards and provide for safe traffic circulation; and

b. Differentiate parking requirements applicable to specific areas within the City; and

c. Allow a reduction in the total number of parking spaces required when a mix of land uses have varying peak periods of parking demands. [Ord. 09-12(A) § 3, 2009].

Off-street parking required by this chapter shall conform to the design standards in this section.

a. Parking Stall and Aisle Dimensions. Subject to the remainder of this subsection:

1. All parking stalls shall be at least nine feet in width, and have an area of at least 171 square feet.

2. All parking stalls and aisles shall have the minimum dimensions shown in Table 1.

3. The City Planner may permit the use of parking angles other than those shown in Table 1 if necessary to provide the required number of off-street parking spaces on a lot, and determine other dimensional requirements appropriate to the permitted parking angles.

4. The City Planner shall determine all issues of the interpretation and application of the dimensional standards in Table 1 with regard to a particular lot, considering the geometry of the lot and parking area, and the configuration of physical features on the lot.

a. All parking stalls and aisles shall be free of any obstruction that impedes their full use for their intended purpose. No wall, post, guardrail or other obstruction that would restrict car door opening shall be located within five feet of the centerline of a parking stall.

b. Except as this chapter permits otherwise, the entire parking lot, including parking stalls and aisles, shall be located on private property and not in any public right-of-way.

c. A parking lot shall have appropriate means of vehicular access to an adjoining street or alley, and adequate maneuvering area within the parking lot. Except for parking that serves only a single-family or duplex dwelling and parking in a setback area that is permitted under HCC 21.55.030, the parking lot shall be arranged so that all vehicle ingress to, and egress from, the parking lot is possible by forward motion, and turnaround areas approved by the City Planner shall be provided within a parking lot if necessary to meet this requirement.

d. Each point of entry to a parking lot from a street or alley, or exit from a parking lot to a street or alley, shall meet the visibility clearance standards in HCC 21.73.200.

e. Cut-off luminaires shall be used in all parking lot lighting that is installed at a height of 15 feet or more above grade.

f. An area used for commercial or industrial parking, loading or servicing shall be screened from view from any adjoining residential zoning district or lot used for residential purposes by a wall, fence or planting of adequate height to screen the parking, loading or servicing area.

g. A parking lot for a multifamily dwelling that contains 10 or more spaces shall be screened from view from any adjoining residential zoning district or lot used for residential purposes by a wall, fence or planting of adequate height to screen the parking lot. [Ord. 09-12(A) § 3, 2009].

Off-street parking required by this chapter may be located in a setback area, subject to the following requirements:

a. There shall be sufficient maneuvering space for a vehicle to enter and exit the parking lot without interfering with the normal flow of traffic.

b. The parking lot design may not permit vehicles to back onto an arterial, and may permit vehicles to back onto any other street only through an authorized driveway or curb cut. [Ord. 09-12(A) § 3, 2009].

All off-street parking required under this chapter shall be constructed in accordance with the standards in this section.

a. The entire parking lot, including parking stalls, aisles and other areas used for vehicular circulation, shall be permanently surfaced with a suitable gravel base or paved with concrete or asphalt compound.

b. The surface of a parking lot shall be graded to drain properly. Except where the City Engineer approves a greater slope, the surface of a parking stall shall have a longitudinal slope not exceeding three percent and a transverse slope not exceeding five percent, and the surface slope of an aisle shall not exceed five percent in any direction.

c. A parking lot shall contain directional, traffic control and other signage where the City Planner determines it to be necessary to inform members of the public using the parking lot. [Ord. 09-12(A) § 3, 2009].

All off-street parking required under this chapter shall be located in accordance with this section.

a. Off-street parking for a single-family, duplex or multifamily dwelling shall be located on the same lot as the dwelling.

b. Off-street parking required for a use other than a single-family, duplex or multifamily dwelling shall be located within 1,500 feet of that use, measured from the lot where the use is located to the lot where the parking is located, along the shortest distance on public or private rights-of-way that are improved and will be maintained to provide lawful pedestrian access between the lots. Off-street parking that is not located on the same lot as the use for which it is required shall meet the standards for off-site parking in HCC 21.55.060. [Ord. 09-12(A) § 3, 2009].

a. Off-site parking may be used to satisfy the off-street parking requirements in this chapter only where permitted under HCC 21.55.050, and only to the extent that space for required off-street parking is not available on the same lot as the use for which the off-street parking is required.

b. Off-site parking must be located in a zoning district where it is a permitted use.

c. A sign not exceeding nine square feet in area advising customers of the location of the off-site parking shall be posted prominently on each building that uses off-site parking to meet off-street parking requirements for customers. In addition, a sign of similar size, set back a minimum of 10 feet from the right-of-way, shall be posted at the lot containing the off-site parking, identifying it as parking for customers of the particular business. The signs shall comply with the visibility clearance standards in HCC 21.73.200.

d. Unless the off-site parking lot and the lot containing the use served by the off-site parking are owned in fee simple by the same person, the off-street parking lot shall meet one of the following requirements:

1. A writing executed by the owners of the off-site parking lot for the benefit of the owners of the lot containing the use served by the off-site parking shall be recorded in the Homer Recording District containing substantially the following statement:

In accordance with the requirements of Homer City Code Chapter 21.55, the ____ parking spaces on the property identified and described in this instrument as the Parking Parcel have been designated as off-street parking for the benefit of the property identified and described in this instrument as the Benefited Property.

The Parking Parcel cannot be used in any manner that interferes with its use as off-site parking for the Benefited Parcel, unless this restriction is removed upon written approval of the city planner after determining that other sufficient off-street parking has been provided for the benefit of the Benefited Property.

The recorded instrument shall include legal descriptions of the benefited property and the parking parcel, and provide for the continued availability on the parking parcel of the specified number of off-street parking spaces, the permitted users of the parking spaces, the times of day that parking spaces are reserved for those users, the parking lot layout, responsibility for maintenance, cleaning and lighting, the term of the agreement, options for renewal, provisions for termination, and dispute resolution. Upon submission of satisfactory evidence either that other off-street parking spaces meeting the requirements of this chapter have been provided or that the building or use has been removed or altered in use so as to no longer require the off-site parking, the City Planner may give written approval to remove the restriction from the parking parcel. A copy of the written approval shall be made available to the owner of the parking parcel for the purpose of recordation.

2. The off-site parking shall be reserved and designated for that purpose by the City in a City-owned parking lot. [Ord. 09-12(A) § 3, 2009].

The City Planner may permit the joint use of off-street parking to meet off-street parking requirements for more than one use subject to the following requirements:

a. The uses relying on the off-street parking will not require the off-street parking during the same hours.

b. Unless the off-street parking lot and all lots containing the uses served by the off-site parking are owned in fee simple by the same person, the off-street parking lot shall comply with the requirements of HCC 21.55.060(d)(1).

c. If the off-street parking is off-site parking with respect to a use that it serves, the off-street parking shall comply with the requirements of HCC 21.55.050 and 21.55.060 with respect to each such use. [Ord. 09-12(A) § 3, 2009].

All required off-street parking spaces shall be used only for parking of operable vehicles of the residents, customers or employees of the related use. Required off-street parking spaces shall not be used for storage of boats, abandoned or inoperable vehicles, dumpsters or other objects. [Ord. 09-12(A) § 3, 2009].

a. The number of off-street parking spaces required in this section shall be provided for every building erected, altered by adding or creating dwelling units, guest rooms, bedrooms, floor area, seats or employees, or in which a new use is established, after August 9, 1988:

b. The City Planner shall determine the number of off-street parking spaces that is required for a use not identified in subsection (a) of this section.

c. If more than one use is present on a lot, the number of required off-street parking spaces shall be equal to 75 percent of the sum of the number of required off-street parking spaces for each use computed separately, unless the Commission approves a lesser number.

d. When the number of required parking spaces for a use is based upon seating capacity, each chair and each 24 inches of pew, bench or similar seating space shall be counted as one seat. When the number of required parking spaces for a use is based on the number of employees, the number shall be determined using the shift during which the greatest number of employees is present during peak season. [Ord. 22-02 § 1, 2022; Ord. 09-12(A) § 3, 2009].

a. This section applies only to the Homer Spit, and is intended to accommodate the large seasonal and daily fluctuations in demand for parking among a variety of uses concentrated on a land formation with limited surface area. The remainder of this chapter applies to off-street parking on the Homer Spit except as this section provides otherwise. Where a provision of this section conflicts with another provision of this chapter, the provision of this section shall govern.

b. HCC 21.55.050 and 21.55.090 do not apply on the Homer Spit.

c. The number of off-street parking spaces required for a dwelling is determined in the manner provided in HCC 21.55.090(a). Off-site parking is permitted for a dwelling only where the City Planner determines that locating the parking spaces on the same lot as the dwelling is not feasible because of limited land area or unique location. Off-site parking for a dwelling is subject to the requirements of HCC 21.55.060.

d. Parking for year-round permanent employees, up to a maximum of five spaces, shall be provided on the same lot for each nonresidential use. Off-site parking shall be used to provide any additional parking spaces that are required for year-round permanent employees. The requirement for on-site parking for employees may be reduced only where the City Planner determines that locating the parking spaces on the same lot as the use they serve is not feasible because of limited land area or unique location. Off-site parking for a nonresidential use is subject to the requirements of HCC 21.55.060 and 21.55.070.

e. Required off-street parking may be located off-site in a City-owned multiple use parking area if the City Planner determines the parking area will adequately serve the use. To determine the feasibility the City Planner will consider the following factors in relation to the use to be served:

1. Proximity of the off-site parking facility;

2. Ease of pedestrian access to the off-site parking facility;

3. The type of uses the off-site parking facility is intended to serve;

4. Whether the off-site parking will be used by employees, retail customers, all day charter customers, or other groups; and

5. Whether the off-site parking facility contains sufficient available parking spaces to accommodate the parking that the use typically requires. [Ord. 09-12(A) § 3, 2009].

The number of off-street parking spaces required for a use in the Town Center zoning district shall be 80 percent of the number of spaces required for that use in HCC 21.55.090(a). Except as provided in the preceding sentence, the provisions of this chapter apply in the Town Center zoning district. [Ord. 09-12(A) § 3, 2009].

a. Each lot containing a building or use that receives or makes deliveries shall contain off-street facilities for the loading and unloading of delivery vehicles that meet the requirements of this section.

b. Each loading area shall be situated and of sufficient size to permit loading and unloading without interference with or projection into any public right-of-way or parking area, except as provided in subsection (c) of this section. Each loading area shall be provided with convenient access to a public right-of-way. The access may be located in a required yard or setback, but this does not permit the location of a structure in a required setback.

c. No loading or unloading may be conducted in a required off-street parking area for more than four hours in any period of 24 hours. [Ord. 09-12(A) § 3, 2009].

a. General. This section applies to religious, cultural and fraternal assemblies in those zoning districts where they are allowed as permitted or conditional uses.

b. Lot Size. The minimum lot size is 15,000 square feet or the minimum lot size for the zoning district, whichever is greater.

c. Landscaping. All areas not devoted to buildings, parking, walkways or driveways shall be covered by one or more of the following: lawn grass, natural or ornamental shrubbery, or trees.

d. Residential Buildings. Residential structures may be allowed as an accessory to the main religious, cultural or fraternal use under the same standards applicable to dwellings in the district in which they are located. Required lot areas for residential buildings shall be in addition to required lot areas for the main religious, cultural or fraternal use. [Ord. 08-29, 2008].

a. This chapter applies to development that includes one or more buildings of more than 15,000 square feet of combined building area containing a retail business or wholesale business use when a conditional use permit is required pursuant to other provisions of the zoning code.

b. As used in this chapter, “large store” means one or more buildings of more than 15,000 square feet of combined building area containing a retail or wholesale business use. [Ord. 08-29, 2008].

a. The intent of this chapter is to ensure that large store development is of a quality that enhances the character of Homer and does not overwhelm its surroundings. Large store development can result in substantial impacts to the community, such as, but not limited to, noise, traffic, community character, environment, and the local economy. One purpose of this chapter is to minimize the effects of these impacts through a detailed review and approval process.

b. The requirements of this chapter are to be used for evaluating and assessing the quality and design of proposed large store developments. Where these requirements conflict with other provisions of this title, the more restrictive requirements shall apply. These requirements are in addition and complementary to the general conditions applicable to conditional use permits. [Ord. 08-29, 2008].

Prior to submitting a completed conditional use application for a large store, the applicant must meet with the City Planner to discuss the conditional use permit process and any issues that may affect the proposed conditional use. This meeting is to provide for an exchange of general and preliminary information only and no statement made in such meeting by either the applicant or the City Planner shall be regarded as binding or authoritative for purposes of this title. [Ord. 08-29, 2008].

An application for a conditional use permit or modification of an existing conditional use permit for a large store may be initiated by a property owner. If initiated by the owner’s agent, the agent shall submit with the application written authorization signed by the owner expressly stating the agent’s authority to submit the conditional use application on behalf of the owner. [Ord. 08-29, 2008].

The cost of all permits, studies and investigations required under this chapter shall be borne by the applicant. [Ord. 08-29, 2008].

a. A level one site plan complying with Chapter 21.73 HCC shall be submitted with the application. Site design shall utilize the natural features and topography of the individual site to the maximum extent possible.

b. A level two right-of-way access plan complying with Chapter 21.73 HCC shall be submitted with the application. [Ord. 08-29, 2008].

The conditional use permit application shall include a traffic impact analysis if required in the applicable zoning district. The analysis and any mitigation shall comply with Chapter 21.76 HCC. [Ord. 08-29, 2008].

a. The conditional use permit application for a large store shall include a community and economic impact analysis report that evaluates the projected benefits and costs caused by the project to the public and private sectors of the community, and prescribes mitigation measures, if needed. The analysis must show:

1. The proposed project will not have a significant adverse impact to the City in terms of balancing as near as possible the cost of public services and public revenue provided through taxes and other revenue to the City.

2. The project shall be designed to minimize negative impacts to adjoining property values.

3. The developer shall demonstrate the financial ability to complete the project and to achieve long-term financial stability.

b. At a minimum the community and economic impact analysis shall include, based on a horizon year of 10 years, the following:

1. The estimated net impacts to local employment, wages and salaries, retained profits, property taxes, and sales taxes.

2. The estimated net impacts of increased local consumer spending and savings.

3. The change in the estimated number of employees, employment types, and estimated wages generated by the project.

4. The change in locally retained profits.

5. The net change in sales tax and property tax base and revenues, including any changes in overall land values.

6. The projected net costs to the City arising from increased demand for and required improvements to public services and infrastructure.

7. The value of improvements to public services and infrastructure to be provided by the project.

8. The impacts (including displacement of existing retailers) on the existing businesses in the zoning district in question and on the business community as a whole.

9. The impact on the City’s Insurance Services Office (ISO) rating. [Ord. 08-29, 2008].

Parking lots and parking structures may not visually dominate the setting and should enhance the City’s aesthetic qualities and natural surroundings. Parking facilities shall be designed and landscaped with increased emphasis on pedestrian ways that provide public connectivity to and through the site. The visual impacts of parking lots shall be mitigated though measures such as landscaping, screening, or situating parking areas away from the front of buildings adjacent to arterials. [Ord. 08-29, 2008].

Landscaping is required in order to improve the aesthetic quality of the built-up environment, promote retention and protection of existing vegetation, reduce the impacts of development on the natural environment, enhance the value of current and future development and increase privacy for residential areas. A landscaping plan shall provide for landscaping that minimizes visual, sound, and other negative impacts from the development. The materials selected shall be compatible with the climate, planting location, and landscaping function. The landscaping plan shall include the retention of mature natural vegetation to the greatest extent possible. [Ord. 08-29, 2008].

a. The conditional use permit application shall include a report of citizen participation meetings held in accordance with this section.

b. The purposes of the citizen participation meetings are (1) to ensure that developers pursue early and effective citizen participation in conjunction with their development, giving developers the opportunity to understand and try to mitigate any real or perceived detrimental impacts their development may have on the community; (2) to ensure that the citizens and property owners have an adequate opportunity to learn about applications for conditional use permits that may affect them and to work with developers to resolve concerns at an early stage of the process; and (3) to facilitate ongoing communication between the developer, interested citizens and property owners, City staff, and other officials throughout the application review process.

c. A minimum of two citizen participation meetings shall be held at which the applicant shall provide a detailed description of the project and shall address the following items: access, parking, landscaping, building size and locations, general style and architectural finish, signage, grades and other site improvements. During the meetings with the public, the developer shall have available for review all conceptual drawing(s) in standard architectural format illustrating the items above. This material will be filed with the Planning Department, and made available for inspection by the public.

d. At a minimum, the citizen participation meetings report shall include the following information:

1. Details of techniques the applicant used to involve the public, including:

a. Date and location of a minimum of two meetings where invited citizens discussed the developer’s proposal;

b. Content, dates mailed, and numbers of mailings, including letters, meeting notices, newsletters and other publications;

c. Location and date of meeting advertisements; i.e., notice posting locations within Homer, newspaper publishing dates;

d. Mailing list of residents, property owners, and interested parties receiving notices, newsletters, or other written materials, and proof of advertisements and other notices; and

e. The number of people that participated in the citizen participation meetings.

2. A summary of concerns, issues and problems expressed during the process, including:

a. The substance of the concerns, issues, and problems; and

b. How the applicant has addressed or intends to address concerns, issues and problems expressed during the process; and

c. Concerns, issues and problems the applicant is unwilling or unable to address and why. [Ord. 08-29, 2008].

A development activity plan (DAP) shall be submitted with the conditional use permit application if required by the code provisions of the applicable zoning district. [Ord. 08-29, 2008].

A stormwater protection plan shall be submitted with the conditional use permit application if required by the code provisions of the applicable zoning district. [Ord. 08-29, 2008].

All signage shall conform to the requirements of Chapter 21.60 HCC. [Ord. 08-29, 2008].

a. All parking lots will be posted “No Overnight Camping Permitted” as required by HCC 19.08.030.

b. Where practical, no more than 50 percent of the required parking area for the development shall be located between the front facade of the building and the abutting streets or adjacent to arterials. [Ord. 22-13 § 1, 2022; Ord. 08-29, 2008].

Sufficient accessibility, safety and convenience to pedestrians shall be provided. Unobstructed sidewalks shall link the site to existing public pedestrian facilities, including but not limited to sidewalks and trails. Sidewalks shall be provided along the full length of any structure where it abuts a parking lot. [Ord. 08-29, 2008].

a. Landscaping shall not be less than 15 percent of the total lot area of the site and shall include the retention of existing native vegetation to the maximum extent possible. The coverage of shrubs, trees and hedges shall be measured from their drip lines.

1. Buffers shall be maintained in minimum width of three feet along all lot lines where setbacks permit.

2. In parking lots:

a. A minimum of 10 percent of the parking area of parking lots with 24 spaces or more shall be landscaped in islands, dividers, or a combination of the two.

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

c. 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 (a)(2)(a) of this section.

b. General landscaping shall be additionally provided as needed to achieve the minimum required landscape coverage.

c. Required landscaping shall be limited to the following materials:

1. Living ground cover;

2. Permeable, continuous nonliving ground cover;

3. Living plant life other than ground cover;

4. Retained native vegetation;

5. Natural or manmade features, including, but not limited to, boulders and planters;

6. Pedestrian ways;

7. Public spaces.

d. Separate sections of landscaping shall be composed of the required materials in any combination as follows:

1. Living plant life other than ground cover or natural vegetation shall have minimum coverage of five percent;

2. Living ground cover shall have a maximum coverage of 80 percent;

3. Permeable nonliving ground cover shall have a maximum coverage of 10 percent;

4. Natural or manmade features shall have a maximum coverage of 10 percent;

5. Pedestrian ways or public spaces shall have a maximum coverage of 50 percent.

e. Topsoil addition, final grading, seeding, and all planting of flora must be complete within nine months of substantial completion of the project, or within the first full 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].

The Commission may require buffers, including berms, fences, trees and shrubs, to minimize impacts to adjacent property. A landscaped buffer or combination of landscaping and berms of no less than 10 feet in width will be required where the development adjoins residential zones. [Ord. 08-29, 2008].

All lighting will conform to the requirements of the zoning district. [Ord. 08-29, 2008].

a. Loading and delivery areas shall be designed and located to mitigate visual and noise impacts to adjacent residentially zoned areas. The delivery and loading areas will also be screened so they are not visible from public streets, sidewalks, and adjacent properties. A landscaped buffer may be required when delivery and loading areas are adjacent to residentially zoned areas. The landscaped buffer will include mixed vegetation adequate to provide noise, light and visual screening.

b. The Commission may limit hours of delivery and loading as necessary to reduce the effects of noise and traffic on surrounding residential zones.

c. Commercial vehicles, trailers, shipping containers and 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 it is screened from public view and otherwise lawful. [Ord. 08-29, 2008].

This section sets minimum requirements to help create an aesthetically attractive facade by reducing the perceived mass of large buildings, creating structures in scale with existing development, and creating a pedestrian-friendly environment, while recognizing that buildings for certain uses may not be able to fully achieve these goals. In such instances, the Commission may allow increased landscaping and proper siting may be utilized to mitigate the perceived mass and visual impacts of the large building.

a. If a building facade exceeds 60 feet in length, it shall be divided into smaller elements by jogging the wall in or out a minimum of four feet for at least

10 feet in length, or by adding an element such as a porch, recessed entry, bay window, projecting trellis or similar substantial architectural feature at intervals so that no continuous wall plane is more than 60 feet in length.

b. The portion of the building within public view shall incorporate human-scale elements such as windows, arcades, lower roof overhangs, awnings, or architectural features.

c. The design shall provide architectural features that contribute to visual interest at the pedestrian scale and reduce the massive scale effect by breaking up the building wall, front, side, or rear, with color, texture change, and repeating wall offsets, reveals, or projecting ribs.

d. The roof design shall provide variations in roof lines and heights to add interest to and reduce the massive scale of large buildings. Parapet walls shall be architecturally treated to avoid a plain monotonous style.

e. Entryways shall be designed to orient customers and to be protected from the weather. Each entrance shall be clearly defined and highly visible.

f. The buildings shall have exterior building materials and colors that are compatible in color, texture and scale.

g. Public Spaces. No less than five percent of the floor area shall be dedicated to interior or exterior public spaces. [Ord. 13-27 § 18, 2013; Ord. 08-29, 2008].

Roof or ground mechanical equipment shall be screened to mitigate noise and views in all directions. If roof equipment is mounted, the screen shall be designed to conform architecturally with the design of the building. Screening of ground-mounted mechanical equipment shall be of such material and be of sufficient height to block the view and noise of the equipment. [Ord. 08-29, 2008].

All utilities providing permanent service, including, but not limited to, electric power, telephone, CATV cables and all other wires and cables, shall be located underground. The Commission may grant exceptions or recommend exceptions under the criteria established in HCC 22.10.055(d) and (e), respectively. [Ord. 08-29, 2008].

A snow storage plan is required as a component of the site plan. Use of sidewalks and required parking areas for snow storage is prohibited. Snow storage within 25 feet of stream banks is prohibited. Use of landscaped areas for snow storage may be allowed under the approved snow storage plan. The Commission may impose such restrictions on snow removal operations as are necessary to reduce the effects of noise or traffic on surrounding areas. [Ord. 08-29, 2008].

a. If permitted in the zoning district, areas for outdoor sales and storage of products may be approved in the conditional use permit if they are extensions of the sales floor into which patrons are allowed free access. Such areas shall be incorporated into the overall design of the building and landscaping. The areas shall be permanently defined and screened with walls, fences or both. Materials, colors and design of screening walls and fences and their covers shall be complementary to those of the primary structure. These outdoor sales and storage areas shall be considered as part of the gross floor area of the establishment.

b. Where outdoor storage is permitted, the area used for outdoor storage (where no sales occur) must be screened from view from adjacent streets and parcels, and must be more than 40 feet from a building. Such outdoor storage, whether covered or not covered, shall not be counted as part of the floor area of the building. [Ord. 08-29, 2008].

Noise and visual impacts of trash and recycling collection on adjoining properties and streets shall be mitigated. Trash and recycling collection areas shall be located at least 50 feet from adjacent residential zones, residential uses, and public streets, unless enclosed within a structure. Unenclosed trash and recycling collection areas shall not be visible from public streets, sidewalks, trails, internal pedestrian walkways, or adjacent properties. [Ord. 08-29, 2008].

The purpose of this article is to provide standards and procedures for communications towers and for wireless communications equipment. [Ord. 14-18(A)(S-2) § 5, 2016].

a. Each of the following communications towers is a permitted principal or accessory use or structure in each zoning district and is exempt from the provisions of this article:

1. A communications tower that is placed temporarily to support wireless communications equipment that is provided in response to a state of emergency declared by a Federal, State, or local government authority and is removed within 12 months after the termination of the state of emergency.

2. A communications tower that is placed temporarily to support wireless communications equipment that is provided for media coverage of a special event, and that is placed no more than 30 days before the special event and removed no more than 15 days after the end of the special event.

3. A communications tower with a height not exceeding 35 feet.

4. An amateur radio tower, to the extent that it is exempt from regulation under AS 29.35.141.

b. The collocation, removal, replacement or installation of wireless communications equipment is a permitted principal or accessory use or structure in each zoning district and is not subject to approval under this title if it meets all of the following requirements:

1. The collocation, removal or replacement is in an existing wireless communications support structure or existing equipment compound that is in compliance with the requirements of this title in effect at the time of its construction and with the terms and conditions of any previous final approval under this title.

2. The collocation, removal or replacement will not do any of the following:

a. Increase the overall height of the wireless communications support structure by more than 20 feet or 10 percent of its original height, whichever is greater.

b. Increase the width of the wireless communications support structure by more than the minimum necessary to permit the collocation, removal or replacement.

3. The collocation, removal or replacement complies with the terms and conditions of any previous final approval of the wireless communications support structure or equipment compound under this title.

4. The installation is on an existing building that is in compliance with the requirements of this title and with the terms and conditions of any previous final approval under this title, and the wireless communications equipment does not extend more than 10 feet above the height of the building. [Ord. 14-18(A)(S-2) § 5, 2016].

a. Except as provided in subsection (b) of this section, a communications tower is permitted as a principal or accessory use or structure in each zoning district.

b. A communications tower that exceeds the following maximum height for the zoning district in which the communications tower is located is permitted only when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC.

[Ord. 20-59(A) § 2, 2020; Ord. 14-18(A)(S-2) § 5, 2016].

a. An application for a zoning permit or conditional use permit for a communications tower that is subject to regulation under this article shall include the following information, in addition to information required by other provisions of this title:

1. A level two site plan that shows the location of the communications tower.

2. A written narrative explaining why placing wireless communications equipment at the proposed location is necessary to the applicant’s wireless communications services coverage, including confirmation that there is no available site for collocation of the wireless communications equipment within a radius of 1,000 feet from the proposed location in consideration of the proposed technology, why an existing structure may not be used, an evaluation of alternate communications tower locations that the applicant considered, and an explanation why the proposed location is the best alternative.

3. A demonstration that the height of the communications tower is the minimum required for the effective operation of the wireless communications equipment plus the present and future collocations that it supports.

4. A map showing the locations of the applicant’s existing communications towers that serve customers in the City and of all current and currently proposed communications towers that the applicant intends to construct to serve customers in the City.

5. A detailed list of major components of the wireless communications equipment that the communications tower will support, and accessory structures such as equipment cabinets and generators.

6. An analysis of the potential visual impacts of the communications tower at distances of 500 feet and 1,500 feet from the proposed location, through the use of photo simulations of the communications tower and the wireless communications equipment that it will support. The analysis shall include, to the extent practicable, the visual impact along two lines extending from the shore of Kachemak Bay through the communications tower site that are separated by an angle of at least 90 degrees, and show the relationship of the communications tower to structures, trees, topography, and other intervening visual barriers. The analysis will include recommendations to mitigate adverse visual impacts of the communications tower on other properties.

7. A certificate from an engineer licensed in Alaska that the communications tower, and all antennas and other wireless communications equipment located on it, meet industry standards for their construction, including ANSI 222 G or most recent version.

8. Evidence that all wireless communications equipment supported by the communications tower meets applicable Federal Communications Commission requirements.

9. A determination of no hazard to air navigation for the communications tower issued by the Federal Aviation Administration.

10. For a conditional use permit, minutes of each public meeting held under HCC 21.58.060(a), and copies of all public comments received under HCC 21.58.060(b)(5).

b. The applicant shall pay the cost of an independent technical review of the communications tower application by a consultant retained by the City. The applicant shall submit with the application a deposit according to the fee schedule established by resolution of the City Council toward the cost of the technical review. If at any time the City finds that the actual cost of the technical review will exceed the amount of the deposit, the City may require the applicant to increase the amount of the deposit to equal the City’s current estimate of the cost of the technical review. Continued review of the application shall be conditioned upon the City’s receipt of the increased deposit amount. After final City action on the application, the City shall determine the actual cost of the technical review. If the actual cost exceeds the total deposit received, the applicant shall pay the balance to the City prior to permit issuance; if the total deposit received exceeds the actual cost, the City shall refund the excess to the applicant. Deposits received under this subsection shall be disbursed only as authorized by this subsection and shall not bear interest. [Ord. 14-18(A)(S-2) § 5, 2016].

a. The distance from a communications tower to the closest property line of a lot that contains a dwelling unit, dormitory, hotel, motel, bar, restaurant, school, day care facility, church, retail establishment or place of public assembly may not be less than 1.1 times its total height.

b. The height of the communications tower shall not be greater than the minimum height required for the effective operation of the wireless communications equipment and collocations that it will support upon its initial construction.

c. The communications tower and any related equipment compound are painted or coated in a color that blends with the surrounding environment, except to the extent that obstruction marking is required by the Federal Aviation Administration, and the fence or wall that surrounds the equipment compound at the base of the communications tower, combined with any landscaping adjacent to its exterior, shall obscure the equipment compound to view from its exterior.

d. All guy wires, cables and other accessory support structures for a communications tower shall be on the same lot as the tower, but may be located within required setback areas, and shall be properly jacketed to ensure visibility in accordance with applicable safety standards.

e. The equipment compound for a communications tower shall conform to the minimum setback requirements of the zoning district in which it is located.

f. Not less than two off-street parking spaces conforming to the requirements of this title shall be provided on the lot where a communications tower is located for use in the operation and maintenance of the communications tower and the wireless communications equipment that it supports.

g. The equipment compound at the base of a communications tower shall be surrounded by a fence or wall not less than six feet in height with a secured gate. The lowest part of a climbing apparatus that provides access to equipment on a communications tower shall be at least 12 feet above the ground, and the tower shall have no handholds or footholds below the climbing apparatus.

h. Except for switch type lighting, no artificial lighting shall be mounted on a communications tower, and a communications tower shall not be illuminated with artificial lighting, except when required by the Federal Aviation Administration.

i. Signs. No sign, flag or pennant may be attached to a communications tower except that the following shall be posted in a location that is visible from the ground outside the equipment compound:

1. A sign identifying the party responsible for the operation and maintenance of the communications tower, with a 24-hour emergency contact telephone number.

2. Any antenna structure registration number required by the Federal Communications Commission.

3. Warnings of dangers associated with the communications tower or equipment that is located on the communications tower. [Ord. 14-18(A)(S-2) § 5, 2016].

a. The applicant for a conditional use permit for a communications tower shall hold at least one meeting informing the public of the application that conforms to the following requirements:

1. The meeting shall be held at City Hall, or at a public facility that is nearer to the location of the proposed communications tower and capable of seating a minimum of 20 people.

2. The meeting shall be held on a day that is not a City holiday at least 15 days before the applicant submits its application to the City.

3. The meeting shall be scheduled to last a minimum of two hours and shall not start before 5:00 p.m. or after 7:00 p.m.

b. The applicant shall notify each record owner of property within 1,200 feet of the parcel that is the site of the proposed communications tower by first class mail at least 15 days before the meeting of the following:

1. The legal description, street address and a map of the vicinity of the parcel that is the site of the proposed communications tower;

2. A description of the proposed communications tower, including its height, design, and lighting, the proposed access to the site and the services proposed to be provided by the tower;

3. The date, time, and location of the meeting;

4. A contact name, telephone number, and address of the applicant; and

5. A form on which to submit written comments, with a comment submittal deadline and instructions. [Ord. 14-18(A)(S-2) § 5, 2016].

a. The reviewing authority shall approve a communications tower only if the applicant demonstrates that it meets the following criteria:

1. The communications tower conforms to the requirements in HCC 21.58.050 and the other applicable standards in this title.

2. The coverage for the applicant’s wireless communications services customers that the communications tower will provide cannot be provided by collocation on an existing wireless communications support structure.

3. Of the available alternate sites, the selected site provides necessary coverage for the applicant’s wireless communications services customers with the least visual impact on other properties.

b. No action may be taken on a communications tower application on the basis of the environmental effects of radio frequency emissions to the extent that the wireless communications equipment that will be located on the tower complies with Federal Communications Commission regulations concerning such emissions.

c. The reviewing authority shall act on a communications tower application within a reasonable period of time after the application has been filed with the City taking into account the nature and scope of the application, but within no more than 150 days after the application is filed. The 150-day period excludes (1) any time that begins when the reviewing authority gives written notice to the applicant within 30 days of receipt of the application that the application is incomplete, clearly and specifically delineating all missing documents or information, until the applicant makes a supplemental submission in response to the notice of incompleteness; and (2) any time that begins when the reviewing authority has given written notice to the applicant within 10 days of receipt of such a supplemental submission that the supplemental submission did not provide the information identified in the original notice delineating missing information until the applicant makes another supplemental submission.

d. An action denying a communications tower application shall be in writing and supported by substantial evidence contained in a written record. [Ord. 14-18(A)(S-2) § 5, 2016].

The issuance and continuation of a zoning permit or conditional use permit for a communications tower that is subject to regulation under this article shall be conditioned upon the permittee securing and at all times maintaining insurance meeting the requirements of this section.

a. The insurance policy shall provide commercial general liability coverage for personal injuries, death and property damage with limits not less than $1,000,000 per occurrence and $3,000,000 aggregate.

b. The insurance policy shall be issued by an agent or representative of an insurance company licensed to do business in the State of Alaska and with an AM Best’s rating of at least A.

c. The insurance policy shall contain an endorsement obligating the insurance company to furnish the City with at least 30 days’ prior written notice in advance of the cancellation of the insurance.

d. The permittee shall provide the City with an insurance policy or certificate of insurance demonstrating compliance with the requirements of this section before the permit is issued, and a renewal or replacement policy or certificate at least 15 days before the expiration of the insurance that is to be renewed or replaced. [Ord. 14-18(A)(S-2) § 5, 2016].

a. The owner and the lessee of the property that is the site of a communications tower are jointly and severally responsible for its removal:

1. If corrective action is not taken within six months after notice that the City Engineer has found the communications tower, or equipment on the communications tower, to be unsafe or not in compliance with applicable law.

2. Within 90 days after all wireless communications equipment on a communications tower has not been operational for a period of at least 12 consecutive months.

b. The issuance and continuation of a zoning permit or conditional use permit for a communications tower that is subject to regulation under this article shall be conditioned upon the permittee providing the City with a performance bond in an amount of at least $150,000 issued by corporation licensed to act as a surety in Alaska and securing the obligations of the owner and the lessee of the property that is the site of the communications tower under subsection (a) of this section. [Ord. 14-18(A)(S-2) § 5, 2016].

Article II. Small Wind Energy Systems

The purpose of this article is to establish minimum health and safety standards for small wind energy systems. It applies to small wind energy systems in all districts where they are allowed as permitted or conditional uses. [Ord. 14-18(A)(S-2) § 5, 2016].

a. The wind turbine of a small wind energy system may be mounted on a building or a wind energy system tower.

b. The surfaces of all small wind energy system components that are visible when the small wind energy system is in operation shall be painted a nonreflective, neutral color.

c. A zoning permit application for a small wind energy system shall include the following information:

1. A level one site plan that shows the location of the small wind energy system.

2. Specifications for the small wind energy system including manufacturer make and model, an illustration or picture of the turbine unit, maximum rated power output, blade diameter, total height, tower color and, if proposed, the location of ladders and/or climbing pegs.

3. Tower foundation blueprints or drawings.

4. Noise decibel data prepared by the wind turbine manufacturer or qualified engineer indicating noise decibel level at the property line nearest to the location of the small wind energy system.

5. Evidence of compliance with, or exemption from, Federal Aviation Administration requirements.

6. Evidence that the small wind energy system complies with current Underwriters Laboratories standards for local utility connections.

d. Dimensional Requirements.

1. The distance from a small wind energy system to the closest property line may not be less than 1.1 times its total height.

2. All guy wires, cables and other accessory support structures for a small wind energy system must be on the same lot as the small wind energy system, but may be located within required setback areas, and shall be properly jacketed to ensure visible safety standards. [Ord. 14-18(A)(S-2) § 5, 2016].

a. Electrical Standards.

1. A small wind energy system shall comply with the National Electric Code.

2. All electric transmission wires connected to a small wind energy system must be underground, or within the building on which the small wind energy system is mounted.

3. A small wind energy system shall not interfere with television, microwave, navigational or radio reception.

b. Noise and vibration from a small wind energy system shall not exceed the levels permitted in HCC 21.59.010(b) and (c), except during short-term events such as utility outages and severe wind storms.

c. Tower Safety.

1. The lowest part of a climbing apparatus that provides access to a wind turbine shall be at least 12 feet above the ground, and the wind energy system tower or building on which the wind turbine is mounted shall have no handholds or footholds below the climbing apparatus.

2. The lowest point through which a wind turbine blade rotates must be at least 20 feet above the ground.

d. Lighting. Except for switch type lighting, no artificial lighting shall be mounted on a small wind energy system, and a small wind energy system shall not be illuminated with artificial lighting, except when required by the Federal Aviation Administration and approved by conditional use permit.

e. Signs. No sign, flag or pennant may be attached to a small wind energy system except for the following:

1. A sign identifying the manufacturer or installer of the small wind energy system.

2. Signs warning of dangers associated with the small wind energy system.

f. Removal. The owner and the lessee of the property that is the site of a small wind energy system are jointly and severally responsible for its removal:

1. If corrective action is not taken within six months after notice that the City Engineer has found the small wind energy system to be unsafe or not in compliance with applicable law.

2. Within 90 days after the small wind energy system has not been operational for a period of at least 12 consecutive months. [Ord. 14-18(A)(S-2) § 5, 2016].

When made applicable to a zoning district or to a use or structure by other provisions of the zoning code, these prohibitions and requirements apply:

a. Air Pollution.

1. Smoke. The emission of any air contaminant greater than 20 percent opacity from any chimney, stack, vent, opening or process is prohibited.

2. Odors and Gases. The emission of odors in such quantities as to be objectionable to any person with normal sensitivities at any point beyond the lot line is prohibited. Noxious, toxic, and corrosive gas emissions shall be treated by full control techniques and shall not exceed permissible levels established by Federal, State or local laws or regulations.

3. Particulate Matter. All facilities will be designed and operated with the highest and best emission control equipment practicable. Persons responsible for a suspected source of air pollution, upon the request of the City, shall provide quantitative and qualitative information regarding the discharge that adequately and accurately describes operation conditions and the discharge of particulate matter. Any responsible person may be required to have its plans and specifications reviewed by the State Department of Environmental Conservation prior to final approval of the plans by the City.

b. Noise. All noise shall be muffled so as not to be objectionable due to intermittences, beat, frequency, or shrillness. Off-site noise, when measured at the lot line, shall not exceed 50 decibels between 10:00 p.m. and 6:00 a.m. and 80 decibels at all other times.

c. Vibration. No vibration that is discernible without instruments, other than that caused by highway vehicles or aircraft, shall be permitted beyond the lot line of the site.

d. Heat and Glare. No activity shall produce objectionable heat or glare that unreasonably annoys or disturbs a person of ordinary sensibilities beyond the lot line of the site.

e. Water and Solid Waste Pollution. No liquid or solid waste disposal will be allowed on the site or into adjacent drainage ditches, storm sewers, sloughs or other waterways. The discharge of treated or untreated sewage or wastes into the sanitary sewer systems shall conform to the codes and ordinances of the City.

f. Handling of Dangerous Materials. The storage, handling and use of dangerous materials, such as flammable liquids, incendiary devices, compressed gases, corrosive materials and explosives, shall be in accordance with the regulation and codes of the State Fire Marshal, the National Fire Protection Association, the U.S. Coast Guard and other applicable law.

g. Materials and Equipment Storage.

1. All materials and equipment including waste material shall be stored and all grounds maintained in a manner that will not attract or aid in the propagation of insects, animals, or create a health or safety hazard.

2. Open storage of materials and equipment is permitted, subject to these exceptions and conditions:

a. If a lot abuts a residential zoning district or abuts a lot that lawfully contains a dwelling unit, any outdoor storage of materials and equipment on the lot must be screened from the residential lot or district by a wall, fence, or other sight-obscuring material. The screen must be a minimum of eight feet in height.

b. This subsection (g) does not authorize any outdoor storage in any zoning district in which the applicable zoning district regulations do not allow such storage. [Ord. 08-29, 2008].

The intent of lighting standards is to reduce glare and light trespass and to improve the nighttime visual environment. Standards of varying levels may apply if made applicable by other provisions of the zoning code. [Ord. 08-29, 2008].

When level one lighting standards apply, the following are required:

a. Outside luminaires installed at a height of 15 feet or greater above grade in all new developments or replaced in existing developments shall be cut-off luminaires.

b. Up-lighting shall be installed so that it allows its direct illumination to fall only on the targeted building or sign.

c. No outside lighting shall be installed so as to cause light trespass or glare.

d. The height of any driveway or parking lot luminaire shall be a maximum of 28 feet above grade. All building-mounted luminaires shall have a maximum height of 15 feet above grade.

e. Prohibited lighting includes search lights and laser lights.

f. Exceptions to this section may be granted to the extent necessary in any of the following situations:

1. Where the City Planner has determined there are special requirements, such as historic decorative considerations, public monuments, or flag lighting; provided, however, that all such lighting shall be selected and installed to shield the lamp(s) from direct view to the greatest extent possible, and to minimize upward lighting, glare and light trespass.

2. In an urban area where there is high night-time pedestrian traffic and an engineer experienced in outdoor lighting has provided a written opinion satisfactory to the City Planner that for pedestrian safety reasons it necessary to permit the installation of semi-cutoff luminaires.

3. Where a determination has been made by the Commission, after a public hearing process, that there is a compelling safety interest that cannot be adequately addressed by any other method. [Ord. 08-29, 2008].

This chapter may be known and referred to as the Homer Sign Code or the sign code. [Ord. 08-29, 2008].

The purposes of this sign code are: to encourage the effective use of signs as a means of communication in the City; to maintain and enhance the aesthetic environment and the City’s ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign restrictions. This sign code is adopted under the zoning authority of the City in furtherance of the more general purposes set forth in the zoning code. [Ord. 08-29, 2008].

A sign may be erected, placed, established, painted, created, or maintained in the City only in conformance with the standards, procedures, exemptions, and other requirements of this chapter. [Ord. 08-29, 2008].

In this chapter, in addition to terms defined in HCC 21.03.040, the following words and phrases shall have the meanings set forth in this section:

“Abandoned sign” means a sign that refers to a business or activity that is no longer being conducted or pursued.

“Animated sign” means a sign that uses flashing lights, movement or change of lighting to depict action or create a special effect or scene, or that includes characters, letters, or illustrations whose message changes at least one time per day; provided, that a changing electronic or mechanical indication of time or temperature does not cause a sign to be an animated sign.

“Banner” means a lightweight sign that contains a message which is attached or imprinted on a flexible surface that deforms under light pressure and that is typically constructed of nondurable materials, including without limitation cardboard, cloth and plastic. Banner material attached to a rigid frame on all edges or a flag shall not be considered a banner.

“Beacon” means a sign that emits one or more beams of light, capable of being directed in one or more directions or rotated or moved.

“Building marker” means a wall sign cut or etched into masonry, bronze, or similar material that includes only the building name, date of construction, or historical data on historic site.

“Building sign” means a sign that is attached to and/or supported by a building, but that is not a freestanding sign.

“Changeable copy sign” means a sign that includes characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign, and on which the message changes less often than one time per day; provided, that a changing electronic or mechanical indication of time or temperature does not cause a sign to be a changeable copy sign.

“Commercial message” means letters, graphic material or a combination thereof that, directly or indirectly, names, advertises, or calls attention to a business, brand, product, service or other commercial activity.

“Electoral sign” means any sign used for the purpose of advertising or promoting a political party, or the election or defeat of a candidate initiative, referendum or proposition at an election.

“Flag” means the flag of the United States, the State, the City, a foreign nation having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction.

“Freestanding sign” means a sign supported, in whole or in part, by structures or supports that are placed on or anchored in the ground and that are independent of any building or other structure.

“Ground sign” means a freestanding sign that is placed directly on the ground having or appearing to have a foundation or solid base beneath 50 percent or more of the longest horizontal dimension of the sign.

“Incidental sign” means an informational or directional sign that is incidental and subordinate to a principal use of the lot on which it is located, such as “no parking,” “entrance,” “loading only,” or “telephone,” and that bears no commercial message that is legible from outside that lot.

“Marquee sign” means a sign attached in any manner to, or made a part of, a permanent roof-like structure projecting beyond a building, generally designed and constructed to provide protection from the weather.

“Official traffic control device” means a sign not inconsistent with AS Title 28, placed or erected by authority of a State or municipal agency or official having jurisdiction, for the purpose of traffic regulating, warning and guiding.

“Off-premises sign” means a sign containing a message drawing attention to goods or services, business or other activity not offered or conducted on the lot on which the sign is located.

“Pennant” means a lightweight plastic, fabric, or other material, whether or not containing a message of any kind suspended from a rope, wire, or string, usually in series, designed to move in the wind.

“Permanent sign” means a sign that is not a temporary sign.

“Principal building” means a building in which the principal use of the lot is conducted. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other accessory structures shall not be considered principal buildings.

“Projecting sign” means a building sign attached to a wall and that protrudes more than six inches beyond the surface of the wall.

“Public sign” means an off-premises sign other than an official traffic control device, that provides direction or information, or identifies public facilities such as parks, playgrounds, libraries, or schools or a distinct area of the City, such as Pioneer Avenue, the Homer Spit, Old Town and entrances to the City.

“Residential sign” means a sign located in the Rural Residential, Residential Office or Urban Residential zoning districts that contains no commercial message except for advertising for goods or services legally offered on the premises where the sign is located, if offering such services at such location conforms to all requirements of the zoning code.

“Roof sign, integral” means a sign erected and constructed as an integral part of the roof of a building, such that no part of the sign extends vertically more than two feet above the highest portion of that roof of which it is a part.

“Setback” means the distance between a sign located on a lot and the closest lot line.

“Sign” means a device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.

“Suspended sign” means a sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

“Temporary sign” means a sign that is not affixed permanently to a building or to a permanent support or foundation, including without limitation menu or sandwich board signs.

“Wall sign” means a sign attached parallel to, but within six inches of, a wall, painted on the surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such building or structure, and which displays only one sign surface.

“Window sign” means a sign that is placed inside a window or upon the window panes or glass and is visible from the exterior of the building. [Ord. 12-01(S)(A) § 1, 2012; Ord. 09-47(A) § 1, 2009; Ord. 08-29, 2008].

The following principles shall control the computation of sign area and sign height:

a. Computation of Area of Individual Signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning code regulations and is clearly incidental to the display itself. In computing the sign area under this section:

1. Sign area shall include the area of any tenant-specific motifs or architectural devices including, but not limited to, roof forms, canopies, awnings, building color or finish, striping or color bars.

2. The entire area of backlit translucent material, including backlit translucent light boxes, canopies, and awnings, shall be counted as a sign area.

b. Computations of Area of Multifaced Signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces.

c. Computation of Height. See Chapter 21.05 HCC. [Ord. 08-29, 2008].

a. Signs shall be allowed on private property in the City only in accordance with Table 1. If the letter “A” appears for a sign type in a column, such sign type is allowed without prior permit approval in the zoning district represented by that column. If the letter “P” appears for a sign type in a column, such sign type is allowed only with prior permit approval in the zoning district represented by that column. Special conditions may apply in some cases. If the letter “N” appears for a sign type in a column, such sign type is not allowed in the zoning district represented by that column under any circumstances. If the letters “PH” appear for a sign type in a column, such sign type is allowed in the zoning district represented by that column only with prior approval by the Commission after a public hearing.

b. Although permitted under subsection (a) of this section, a sign designated by an “A” or “P” in Table 1 shall be allowed only if:

1. The sum of the area of all building and freestanding signs on the lot does not exceed the maximum permitted sign area for the zoning district in which the lot is located as specified in Table 2; and

2. The characteristics of the sign conform to the limitations of Table 3, Permitted Sign Characteristics by Zoning District, and with any additional limitations on characteristics listed in Table 1 or Table 2.

c. A sign type that is not listed on the following tables is prohibited.

Notes to Table 1:

a.    This column does not represent a zoning district. It applies to institutional uses permitted under the zoning code in the RR, UR and RO zoning districts. “Institutional” is defined as an established organization or corporation of a public, nonprofit, or public safety/benefit nature, e.g., schools, churches, and hospitals.

b.    No commercial message allowed on sign, except for a commercial message drawing attention to goods or services legally offered on the lot.

c.    No commercial message of any kind allowed on sign if such message is legible from any location off the lot on which the sign is located.

d.    Only address and name of occupant allowed on sign.

e.    May include only building name, date of construction, or historical data on historic site; must be cut or etched into masonry, bronze, or similar material.

f.    No commercial message of any kind allowed on sign.

g.    The conditions of HCC 21.60.130 apply.

h.    Flags of the United States, the State, the City, foreign nations having diplomatic relations with the United States and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction. These flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not meeting any one or more of these conditions shall be considered a banner sign and shall be subject to regulations as such.

i.    The main entrance to a development in GBD may include one ground sign announcing the name of the development. Such sign shall consist of natural materials. Around the sign grass, flowers and shrubs shall be placed to provide color and visual interest. The sign must comply with applicable sign code requirements.

Notes to Table 2, Parts A and B

a.    The INS column does not represent a zoning district. It applies to institutional uses permitted under the zoning code in the RR, UR and RO zoning districts. “Institutional” is defined as an established organization or corporation of a public, nonprofit, or public safety or benefit nature, e.g., schools, churches, and hospitals.

b.    Flags of the United States, the State, the City, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction. These flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not meeting any one or more of these conditions shall be considered a banner sign and shall be subject to regulation as such.

c.    Square feet of wall frontage is defined as total square footage of wall surface, under the roof, that faces the major access or right-of-way of the business. In the case of a business located on a corner lot, square footage of wall frontage is the total square footage of wall surface, under the roof, on the side of the business with the most square footage.

d.    The PS column does not represent a zoning district. It applies to public signs permitted under the zoning code, in all zoning districts.

e.    This RO column applies only to lots in that portion of the RO district that abuts East End Road, Hohe Street, and Pennock Street. Within this area, there is allowed a maximum of 50 square feet total area of all signs (including the ground sign referred to below), except incidental, building marker, and flags (see note (b) above). One ground sign, with a maximum total area of 16 square feet, will be permitted per lot. Each ground sign shall not exceed six feet in height, measured from the base to the highest portion of any part of the sign or supporting structure.

f.    In the Medical District, only one freestanding sign is allowed per lot, except one freestanding public sign may be additionally allowed. A freestanding sign may not exceed 10 feet in height or 36 square feet in area.

Notes to Table 3:

a.    The INS column does not represent a zoning district. It applies to institutional uses permitted under the zoning code, in the RR, UR and RO zoning districts. “Institutional” is defined as an established organization or corporation of a public, nonprofit, or public safety/benefit nature, e.g., schools, churches, and hospitals.

b.    Animated signs may not be neon or change colors or exceed three square feet in area.

c.    Changeable copy signs must be wall- or pole-mounted, and may not be flashing.

d.    Neon signs may not be flashing and may not exceed 32 square feet.

e.    The PS column does not represent a zoning district. It applies to public signs permitted under the zoning code, in all zoning districts.

[Ord. 20-59(A) § 3, 2020; Ord. 20-28 § 1, 2020; Ord. 14-34 § 1, 2014; Ord. 12-26 § 1, 2012; Ord. 12-01(S)(A) §§ 2 – 6, 2012].

a. No person may place, construct, erect or modify a sign for which a provision of this chapter requires a permit without first obtaining a permit for the sign under this section.

b. Applications. An application for a sign permit shall be submitted to the Department on an application form or in accordance with application specifications published by the Department. An application for a permit for a sign that is not an off-premises sign shall be submitted by the owner of the lot where the sign is to be located, or by a tenant leasing all or part of the lot when the sign names, advertises, or calls attention to a business, brand, product, service or other commercial activity of the tenant.

c. Fees. An application for a sign permit shall be accompanied by the applicable fees established by the Homer City Council from time to time by resolution.

d. Action. Within seven working days after the submission of a complete application for a sign permit, the Department shall:

1. If the sign is allowed only with the prior approval of the Commission after a public hearing, refer the application to the next available Commission meeting for a public hearing.

2. If the sign is subject to administrative permit approval, either:

a. Issue the sign permit, if each sign that is the subject of the application conforms in every respect with the requirements of this chapter; or

b. Reject the sign permit if a sign that is the subject of the application fails in any way to conform to the requirements of this chapter. In case of rejection, the Department shall specify in the rejection the section or sections of this chapter to which the sign does not conform. [Ord. 12-01(S)(A) § 7, 2012; Ord. 08-29, 2008].

All signs shall be designed, constructed, and maintained in accordance with the following standards:

a. No sign shall be allowed to be a safety hazard. All signs shall be maintained in good repair. Any sign not in substantial, sturdy condition will be subject to abatement as a public nuisance.

b. Except for flags, temporary signs and window signs conforming in all respects to the requirements of this chapter, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.

c. Visibility for vehicles at access points to public streets shall be protected as required in HCC 21.73.200. No sign shall be placed or maintained within the visibility clearance area.

d. Signs shall be set back at least five feet from all property lines except wall signs are permitted on any legally located building wall.

e. Illumination, if used, shall not be animated. Light rays shall shine only upon the sign or upon the lot on which the sign is located, and no direct light or significant glare shall be cast onto any adjacent lot, street, or right-of-way.

f. Projecting signs shall have a maximum projection of four feet from the building and not exceed 20 square feet in area. [Ord. 12-01(S)(A) § 8, 2012; Ord. 08-29, 2008].

No person may place, construct or erect a permanent sign in a public right-of-way, except for the following:

a. Official traffic control devices;

b. Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic;

c. Informational signs of a public utility regarding its poles, lines, pipes, or facilities; and

d. Signs containing commercial messages that have been approved by the State of Alaska Department of Transportation. [Ord. 12-01(S)(A) § 9, 2012; Ord. 08-29, 2008].

Off-premises signs are allowed in all nonresidential zoning districts subject to the restrictions of this section, which are in addition to the other requirements of the sign code:

a. No more than one sign per lot, containing up to four separate messages, commercial or noncommercial per sign, may be allowed;

b. No more than one message per business, product, service or other commercial or noncommercial activity may be allowed on an off-premises sign anywhere in the City;

c. Maximum area of signage per commercial or noncommercial message shall be five square feet, inclusive of a logo, if any, which shall not exceed one square foot in area;

d. Maximum height of a freestanding off-premises sign shall not exceed 10 feet;

e. Illumination, if used, shall not be animated. Light rays shall shine only upon the sign or upon the lot on which the sign is located, and no direct light or significant glare shall be cast onto any adjacent lot, street, or right-of-way; and

f. The owner and lessee, if any, of the lot on which the sign is located and the owner of any commercial or noncommercial activity named or depicted on an off-premises sign shall be jointly and severally responsible for compliance with the sign code. [Ord. 08-29, 2008].

Electoral signs are allowed in all zoning districts subject to the restrictions of this section.

a. Electoral signs are allowed in any number and shall be in addition to any other signs allowed under the sign code.

b. Electoral signs may be displayed only for a period of 60 days prior to any Federal, State or municipal election. All electoral signs must be removed within one week following the election; provided, that signs erected for any primary or general election that remain relevant to a subsequent general or run-off election may remain in place for the period between the elections. During other periods of time, electoral signs shall be subject to regulation as other signs under the sign code.

c. Electoral signs shall not be placed on public property or rights-of-way except in accordance with HCC 21.60.090.

d. An electoral sign shall not exceed 16 square feet in area and shall not exceed the height limitation applicable to nonelectoral signs within the same zoning district.

e. Electoral signs shall not violate HCC 21.60.080. [Ord. 12-01(S)(A) § 10, 2012; Ord. 08-29, 2008].

Public signs are allowed in all zoning districts subject to the requirements in Tables 1, 2 and 3 of HCC 21.60.060, and to the following requirements:

a. Public signs are allowed on publicly owned and privately owned lots.

b. Public signs are allowed in rights-of-way, subject to HCC 21.60.090.

c. No more than one public sign is allowed per lot.

d. No public sign may be placed within 300 feet of another public sign.

e. Freestanding public signs shall not exceed 32 square feet in area.

f. Freestanding public signs shall not exceed 10 feet in height.

g. Public signs other than freestanding shall not exceed 24 square feet in area.

h. No public sign is allowed without a permit.

i. Public sign design and placement must be submitted to the Planning Commission for approval, including public signs provided or installed by the City of Homer.

j. The Planning Commission shall conduct a public hearing prior to approving a public sign. [Ord. 09-47(A) § 2, 2009; Ord. 08-29, 2008].

The following signs shall be exempt from regulation under this chapter:

a. Any sign bearing only a public notice or warning required by a valid and applicable Federal, State, or local law, regulation, or ordinance.

b. Any emergency warning sign erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within a public right-of-way.

c. Any sign that is not legible from the public right-of-way.

d. Works of art that do not contain a commercial message.

e. Holiday lights between October 15th and April 15th.

f. Traffic control signs on private property, such as a stop sign, a yield sign, and similar signs, the face of which meets Department of Transportation standards and that contain no commercial message of any sort.

g. Signs in existence before February 11, 1985, but such signs shall not be replaced, moved, enlarged, altered, or reconstructed except in compliance with this chapter. [Ord. 22-70(A) § 1, 2023; Ord. 12-01(S)(A) § 11, 2012; Ord. 08-29, 2008].

All signs not expressly permitted under this chapter or exempt from regulation hereunder in accordance with HCC 21.60.100 are prohibited in the City. Without limiting the foregoing, examples of prohibited signs include:

a. Banners;

b. Beacons;

c. Pennants;

d. Strings of lights not permanently mounted to a rigid background, except those exempt under HCC 21.60.100;

e. Inflatable signs and tethered balloons;

f. Animated signs that are neon, change colors, or exceed three square feet in area;

g. Placement of hand bills, flyers, or bumper stickers on parked vehicles other than by owner;

h. Signs placed on or painted on a motor vehicle or trailer parked with the primary purpose of providing signage not otherwise allowed by this code; prohibited is any sign displayed on a parked trailer or truck or other vehicle where the primary purpose of the vehicle is to advertise a product, service, business, or other activity. This regulation shall permit the use of business logos, identification or advertising on vehicles primarily and actively used for business purposes and/or personal transportation;

i. Abandoned signs, which shall be removed by the owner or lessee, if any, of the lot upon which the signs are located. If such owner or lessee fails to remove such signs after an opportunity for a hearing before the Planning Commission and 15 days’ written notice to remove given by the City, then (1) the owner or lessee has committed a violation, and (2) the City may remove the signs and collect the cost of removal from such owner or lessee, who shall be jointly and severally liable for such cost. [Ord. 12-01(S)(A) § 11, 2012].

a. General. All temporary signs are subject to the following requirements:

1. A temporary sign may not be an illuminated, animated, or changeable copy sign.

2. Unless a smaller area is required by another provision of this chapter, the area of a temporary sign shall not exceed 16 square feet.

3. A temporary sign whose message pertains to a specific date, event, or time period shall not be displayed for more than seven days after that date or the conclusion of the event or time period.

b. Commercial. A temporary sign that bears a commercial message shall be limited to the following:

1. One sign advertising the property on which the sign is located for sale or for rent; or

2. One sign advertising a temporary sale of household goods located on the lot where the sale is held.

3. One temporary sign other than those described in subsections (b)(1) and (2) of this section may be allowed by permit for display.

c. Noncommercial. Temporary signs that do not bear a commercial message are allowed on private property in any number, subject to the square footage limitations in this chapter. [Ord. 12-01(S)(A) § 14, 2012; Ord. 08-29, 2008].

a. Except as otherwise provided herein, the owner of any lot or other premises on which exists a sign that does not conform to the requirements of this chapter or for which there is no current and valid sign permit must remove such sign or, in the case of a nonconforming sign, bring it into conformity with the requirements of this chapter.

b. Signs that were prohibited by Ordinance 84-33(S), as amended by Ordinances 86-18 and 89-8, and that are prohibited by this chapter are illegal and must be removed immediately.

c. Any sign that was constructed and continues to be maintained in accordance with the applicable ordinances and other laws that existed prior to an amendment to this code, but which becomes unlawful as a result of an amendment to this code, is lawfully nonconforming. A sign that is lawfully nonconforming under this subsection may remain in place and continue to be maintained until the information on the face of the sign is changed, or for a period of one year after the effective date of the amendment, whichever occurs first. If any action is taken that increases the degree or extent of the nonconformity with the amended code, the sign loses lawful nonconforming status and must be removed immediately. At the end of the period during which the lawfully nonconforming sign is allowed to remain in use, the sign shall either be removed or the owner must obtain a permit, if required, and complete all other steps and make any modifications necessary to bring it into full compliance with this code.

d. Any sign that was constructed and continues to be maintained in accordance with the applicable laws that governed territory prior to its annexation to the City, but which becomes unlawful under this code as a result of annexation to the City, is lawfully nonconforming. A sign that is lawfully nonconforming under this subsection may remain in place and continue to be maintained until the information on the face of the sign is changed, or for a period of one year after the later of (1) the effective date of the annexation of the territory or (2) the effective date of the ordinance that assigns the territory in which the sign is located to a zoning district under the Homer Zoning Code, whichever occurs first. If any action is taken that increases the degree or extent of the nonconformity with the code, the sign loses lawful nonconforming status and must be removed immediately. At the end of the period during which the lawfully nonconforming sign is allowed to remain in use, the sign shall either be removed or the owner must obtain a permit, if required, and complete all other steps and make any modifications necessary to bring it into full compliance with this code.

e. Notwithstanding the remainder of this section, a nonconforming banner or temporary sign shall be removed no later than May 1, 2012. [Ord. 12-01(S)(A) § 16, 2012].

In addition to the remedies provided in Chapter 21.90 HCC, violations of this chapter are subject to the following remedies:

a. A person designated to enforce this title under HCC 21.90.020 may remove a temporary sign placed in a public right-of-way in violation of this chapter. The person responsible for the illegal placement shall be liable for the cost incurred in removing the sign.

b. Notwithstanding any other provision of this title:

1. An appeal to the Planning Commission from an enforcement order that requires the abatement or removal of a temporary sign placed on private property in violation of this chapter must be filed within seven days after the date of distribution of the enforcement order to the person whose property is the subject of the enforcement order.

2. An appeal from a final decision of the Planning Commission regarding an enforcement order that requires the abatement or removal of a temporary sign placed on private property in violation of this chapter must be taken directly to the Superior Court. [Ord. 12-01(S)(A) § 18, 2012; Ord. 08-29, 2008].

Note: HCC 21.60.120, General permit procedures; 21.60.140, Temporary signs – Public right-of-way; and 21.60.160, Violations, repealed via Ordinance 12-01(S)(A) May 1, 2012.

When a zoning ordinance or other land use regulation is adopted or amended, or when the zoning district designation applicable to a lot changes, or when annexation or other boundary changes occur, then as a result a previously lawful lot, structure, or use may no longer be allowed. Such previously lawful lot, structure, or use shall be considered a nonconforming lot, structure or use. Such nonconformities may continue, subject to the requirements of this chapter and any other provisions of the Homer Zoning Code that expressly apply to nonconforming lots, structures, or uses. [Ord. 08-29, 2008].

For the purposes of this chapter the following words and phrases shall be interpreted or defined as set forth in this section, and such interpretations or definitions shall supersede any conflicting interpretations or definitions set forth elsewhere in this title:

“Abandon” means (1) with respect to a use, the cessation of such use for any length of time, combined with intent to indefinitely cease such use, or (2) with respect to a structure, the cessation of occupancy of such structure for any length of time, combined with intent to indefinitely cease occupancy of such structure.

“Change” means, with respect to a nonconforming use, that the nonconforming use has been converted to a different use for any period of time, regardless of intent.

“Discontinued” means that a nonconforming use has ceased, and has not substantially resumed, for a period of 24 consecutive months, regardless of intent.

“Occupy” or “occupancy” means actual physical occupancy of a structure or lot, regardless of intent.

“Primary use” means the primary activity actually conducted in a serious, substantial, and ongoing manner on a lot or in a structure, and for which the lot or structure is actually and primarily occupied and maintained, regardless of intent.

“Substantially resumed” means substantial and continuous resumption of the use as the primary use for a period of at least 60 consecutive days. Activity that does not meet this standard is not sufficient to interrupt a period of discontinuance.

“Use” means activity actually conducted on a lot or in a structure, and for which the lot or structure is actually occupied and maintained, regardless of intent. [Ord. 13-42(A) § 1, 2013; Ord. 08-29, 2008].

a. A nonconforming lot containing at least 6,000 square feet on May 16, 1978, may be developed in conformity with all other provisions of this title even though such lot fails to meet currently applicable minimum area or width requirements.

b. No lot containing less than 6,000 square feet on May 16, 1978, may be used except as follows:

1. In the residential districts, i.e., RR, UR, and RO, on any lot that fails to meet minimum area or width requirements, one single-family dwelling with a proper zoning permit is permitted; and

2. In all other districts such lots may be used only in full compliance with all applicable provisions of the current zoning code. [Ord. 08-29, 2008].

A nonconforming structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

a. A nonconforming structure may be enlarged or altered, but only if it does not increase its nonconformity;

b. If a nonconforming structure is moved for any reason for any distance whatsoever it shall thereafter conform to the code provisions applicable in the zone in which it is located after it is moved;

c. If a nonconforming structure or nonconforming portion of a structure is damaged by any means to an extent of more than 50 percent of its replacement cost at time of the damage, it shall not be reconstructed except in conformity with the provisions of Homer City Code.

d. If at any time a nonconforming structure is abandoned or brought into conformity with this title, the structure shall thereafter conform to all the regulations of the zoning district in which it is located, and the nonconforming structure shall not be allowed to continue in use. [Ord. 08-29, 2008].

A nonconforming use may be continued so long as it remains otherwise lawful, subject to the following provisions:

a. No nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied as of the date it became nonconforming;

b. No nonconforming use shall be moved in whole or in part to any other portion of the lot that was not occupied by the nonconforming use as of the date it became nonconforming;

c. Any new structure built in connection with the nonconforming use must be in full compliance will all applicable provisions of the zoning code and other laws then in effect;

d. If at any time a nonconforming use is abandoned, changed, discontinued, or ceases to be the primary use of a lot, the use of that lot shall thereafter conform to the code provisions applicable in the zone in which the lot is located, and the nonconforming use shall not thereafter be resumed or allowed to continue. [Ord. 08-29, 2008].

a. It is the responsibility of the owner to produce evidence proving the existence and continuous use of every lawful nonconforming use and structure.

b. Proof of the following nonconforming uses and structures shall be submitted to the City Planner:

1. Uses and structures that existed lawfully before annexation to the City on or after March 20, 2002, and that are nonconforming as a result of the annexation;

2. Structures that existed lawfully before inclusion within the Bridge Creek Watershed Protection District and that are nonconforming as a result of the inclusion;

3. Structures that existed lawfully on or before September 27, 1982; and

4. Structures that existed lawfully before an amendment to this title or an amendment to the zoning map, and that are nonconforming as a result of the amendment.

c. Proof of all other nonconforming uses and structures shall be submitted to the City Planner for presentation to the Planning Commission at a public hearing.

d. Upon presentation of such proof, the reviewing authority finds to be a nonconforming use or structure under HCC 21.61.010. For each use or structure that the reviewing authority finds to be a nonconforming use or structure under HCC 21.61.010, the reviewing authority shall adopt a written decision that includes a complete description of the nonconforming use or structure.

e. No zoning permit may be issued under Chapter 21.70 HCC for any activity on a lot prior to a determination under this section approving of all nonconforming uses and structures existing on the lot. [Ord. 09-10(A) § 1, 2009; Ord. 08-29, 2008].

The right to continue a nonconforming use or structure previously approved under this chapter is subject to termination by the Commission if it finds, after providing the property owner notice and an opportunity to be heard at a public hearing, that:

a. In the case of a nonconforming structure, it has subsequently been abandoned or brought into conformity with the Homer Zoning Code; or

b. In the case of a nonconforming use, the use has subsequently been abandoned, changed, discontinued, or ceases to be the primary use of a lot. [Ord. 09-10(A) § 2, 2009; Ord. 08-29, 2008].

The installation of a small wind energy system that complies with all applicable laws at the time of its installation does not enlarge, increase or expand a nonconforming use or structure. [Ord. 09-34(A) § 22, 2009].

a. This chapter applies to the operation of all marijuana cultivation, manufacturing, retail, and testing facilities within the City boundaries.

b. This chapter in no way protects marijuana facilities from enforcement of Federal law nor is it intended to sanction conduct or operations prohibited by law. All persons engaged in the marijuana industry within the city operate at their own risk and have no legal recourse against the City in the event that City laws are preempted, negated or otherwise found unenforceable based upon Federal law prohibiting the sale, distribution, consumption or possession of marijuana. [Ord. 16-04(A-2)(S-3) § 5, 2016].

a. This chapter is intended to impose regulations that prevent:

1. The distribution of marijuana to minors;

2. Revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels;

3. The diversion of marijuana from states where it is legal under State law in some form to other states where it is unlawful;

4. State-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;

5. Violence and the use of firearms in the cultivation and distribution of marijuana;

6. Drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use;

7. The growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public land; and

8. Marijuana possession or use on Federal property. [Ord. 16-04(A-2)(S-3) § 5, 2016].

[Reserved]. [Ord. 16-04(A-2)(S-3) § 5, 2016].

a. When this title requires a conditional use permit for a marijuana facility, the applicant must meet with the City Planner to discuss the conditional use permit process and any issues that may affect the proposed conditional use. This meeting is to provide for an exchange of general and preliminary information only and no statement made in such meeting by either the applicant or the City Planner shall be regarded as binding or authoritative for the purposes of this title.

b. Council is designated as the “local regulatory authority” as that term is used in AS 17.38.

c. The City Planner shall review all applications filed with the State of Alaska under AS 17.38, once those applications have been transmitted to the City for its review by the Marijuana Control Board or other designated agency of the State of Alaska, for compliance with the Code. Within 15 days of receipt of an application under this section, the City Planner shall provide the City Clerk with the application with a written notice to Council stating whether the application complies or fails to comply with the Code.

d. Upon receipt of the application and the City Planner’s notification regarding compliance, Council shall consider whether or not to protest the application at its next regularly scheduled meeting. Council may protest any application under this section or may recommend that an application under this section be approved subject to conditions.

e. The review of an application under this section shall not be subject to formal rules of evidence or procedure and Council may consider any facts or factors it deems relevant to its review so long as such facts or factors are not arbitrary, capricious or unreasonable.

f. Council’s decision regarding whether or not to protest an application under this section shall be final and is not subject to appeal. [Ord. 18-41 § 1, 2018; Ord. 16-50 § 1, 2016; Ord. 16-04(A-2)(S-3) § 5, 2016].

The cost of all permits, studies and investigation required under this chapter shall be borne by the applicant. [Ord. 16-04(A-2)(S-3) § 5, 2016].

A conditional use permit for a marijuana facility required by this title shall include an analysis of the ways in which the intent and purpose of this chapter have been met and the safety concerns identified in HCC 21.62.010 and 21.62.020 will be addressed. [Ord. 16-04(A-2)(S-3) § 5, 2016].

a. The Commission may require buffers, including berms, fences, trees, and shrubs, to minimize impacts to adjacent property. A landscaped buffer or combination of landscaping and berms of no less than 10 feet in width will be required where the property with a marijuana facility adjoins districts in which marijuana facilities are prohibited or permitted only as a conditional use.

b. The following buffer zones shall be applied to all marijuana facilities in all districts:

1. Schools: 1,000 feet.

2. Churches: 500 feet.

3. Jail: 500 feet.

4. Youth/recreation center: 500 feet.

5. Library: 200 feet.

c. Marijuana facilities abutting the Jack Gist Municipal Park, Karen Hornaday Municipal Park, Bayview Municipal Park, or Ben Walters Municipal Park must have 1,000 feet or more buffers measured from the boundary of the park.

d. For purposes of this section, “schools” mean property primarily used as a private or public elementary or secondary education facility or property primarily used as a post-secondary education facility, including but not limited to private, faith-based, and public colleges and universities. [Ord. 16-04(A-2)(S-3) § 5, 2016].

a. All marijuana facilities in all districts shall comply with HMC 21.59.030.

b. An application for a conditional use permit under this chapter shall not be approved if the location of the facility violates the regulatory intent in HMC 21.62.020. [Ord. 16-04(A-2)(S-3) § 5, 2016].