a. Except as provided in subsection (c) of this section, a zoning permit shall be obtained from the City Planner for the following:

1. Erection, construction or moving of any building or structure.

2. Site development activities that trigger other review or approval requirements under the Homer Zoning Code, such as, but not limited to, the requirement of a site plan, development activity plan or stormwater protection plan.

3. An increase in the height, or an exterior dimension of any floor, of an existing building, or an increase in the height, or the footprint area, of an existing structure.

4. A change or expansion of the use of a lot.

b. The zoning permit required by this section shall be obtained prior to the commencement of any activity for which the permit is required. Failure to do so is a violation.

c. The following are exempt from the requirement to obtain a zoning permit, but not from compliance with applicable requirements of the Homer Zoning Code, such as, but not limited to, the development activity plan or stormwater protection plan:

1. Any change to an existing building that does not increase the height, or exterior dimension of any floor, of the building, and any change to an existing structure that does not increase the height, or footprint area, of the structure.

2. Erection or construction of a one-story detached accessory building used as a tool and storage shed, playhouse, or other accessory use, provided the building area does not exceed 200 square feet; and further provided, that there is already a main building on the same lot.

3. Erection or construction of a communications tower with a height not exceeding 35 feet, or an amateur radio tower.

4. Fences or walls used as fences, unless otherwise regulated by the Homer City Code.

5. Removal of any building or structure.

6. Termination of any type of use. [Ord. 14-18(A)(S-2) § 6, 2016; Ord. 14-56(A) § 1, 2015; Ord. 08-29, 2008].

a. Only the owner or lessee of the lot or a person authorized in writing by the owner or lessee may apply for a zoning permit. The City Planner may require the applicant to submit proof of authority to apply for a zoning permit.

b. All applications for zoning permits shall be on forms furnished by the City. The application shall require the following information:

1. The name, residence address, and mailing address of the applicant, the owner of the lot, and any lessee of the lot.

2. The legal description and street address of the lot.

3. A narrative description of the intended use of the lot, building, or structure.

4. The zoning code use classification under which the permit is sought.

5. If construction or a new or changed use under a zoning permit will change the quantity or location of required off-street parking, a survey, plat, or plan, drawn to a scale of not less than one inch equals 20 feet showing the actual dimensions of the lot, the exact location of the buildings and structures erected or to be erected thereon, adjacent street rights-of-way, utility easements and facilities, building setbacks, drainage, parking lot ingress and egress points, driveways, parking lot aisles, and the number and location of off-street parking spaces and loading spaces. Where off-site parking will be provided to meet a requirement for off-street parking, a similar survey, plat or plan also shall be provided for the off-site parking, accompanied by the document required by HCC 21.55.060(d). A site plan prepared according to Chapter 21.73 HCC may be substituted for the survey, plat, or plan required by this subsection.

6. For new buildings or structures, or for changes to the exterior dimensions of existing buildings or structures, the survey, plat, or plan required by subsection (b)(5) of this section also plan and elevation drawings of the buildings and structures erected or to be erected thereon. A site plan prepared according to Chapter 21.73 HCC may be substituted for the survey, plat, or plan required by this subsection.

7. Copies of any building permits or other permits required by applicable Federal, State or local law or regulations.

8. Copies of approved plans or other submittals that may be required by code, such as, but not limited to, traffic impact analysis, development activity plan, and stormwater plan.

9. Such additional information as the City Planner shall require to enable the City Planner to determine whether the application satisfies the requirements for issuance of a permit.

10. The applicant’s signed certification that all the information contained in the application is true and correct. [Ord. 09-12(A) § 4, 2009; Ord. 08-29, 2008].

a. The City Planner will review the application to determine whether the proposed building or structure, and intended use, comply with the zoning code and other applicable provisions of the City Code, and to determine whether all permits and approvals required by applicable Federal, State, or local law or regulation have been obtained. The City Planner may also refer the application to other City officials for review, comment or approval for compliance with applicable City Code. If the application meets all of the requirements, the City Planner will issue a written zoning permit.

b. The City Planner will deny a zoning permit if the application is incomplete or the City Planner determines that the application does not meet all the requirements for issuance of a zoning permit. A denial must be in writing and state the reasons for denial. It shall be promptly given to the applicant. If an application is denied because of incompleteness, the applicant may resubmit the application at any time, supplying the missing information.

c. In granting a zoning permit, no City official or employee has authority to grant a waiver, variance, or deviation from the requirements of the zoning code and other applicable laws and regulations, unless such authority is expressly contained therein. Any zoning permit that attempts to do so may be revoked by the City Manager as void. The applicant, owner, lessee, and occupant of the lot bear continuing responsibility for compliance with the zoning code and all other applicable laws and regulations.

d. If the City grants a zoning permit when the applicant has not obtained all necessary permits or approvals from the Federal, State, or other local governments or agencies, or has otherwise failed to satisfy all the requirements for a permit, neither the City, the City Planner, or any other City officer or employee shall be liable to any person for any consequences thereof. The applicant, owner, lessee, and occupant of the lot are solely responsible to ensure that all required permits and approvals have been obtained, and the issuance of a zoning permit by the City does not does not excuse any such requirement nor does it constitute a warranty or representation that all required permits and approvals have been obtained from the Federal, State, or other local governments or agencies. [Ord. 08-29, 2008].

a. A zoning permit shall include a deadline that allows the applicant a reasonable amount of time in which to complete the work authorized by the permit. If the work is not completed within the time allowed, the City Planner may grant one reasonable extension for good cause shown. No additional extension will be granted, except upon the approval of the Commission for good cause shown.

b. A zoning permit for a building or structure shall require the applicant to submit to the City Planner an as-built survey, completed by a licensed surveyor, of the location, foundation, dimensions, and proximity to all lot lines of all buildings and structures covered by the permit, promptly after completion of the work. [Ord. 20-03 § 1, 2020; Ord. 08-29, 2008].

a. All permits issued under this chapter, including amendments and extensions, shall be displayed for public inspection in a prominent place, readily viewable from the nearest street, at the site for which the permit was obtained. The permit shall be on display prior to commencement of any work at the site and remain on display until all work is completed.

b. The display of the permit constitutes the property owner’s implied consent to the public to enter upon the property as reasonably necessary to inspect the permit at the point of display, and no person shall impede the access of the public to that point for the purpose of inspecting the permit. [Ord. 08-29, 2008].

The applicant for a zoning permit shall pay a fee according to the fee schedule established by resolution of the City Council. No application shall be processed until the fee is paid. [Ord. 08-29, 2008].

Nothing in this chapter shall relieve the applicant of the obligation to obtain a conditional use permit, sign permit, variance, or other permit or approval required by other provisions of the zoning code. The zoning permit required by this chapter shall be in addition to any other applicable permit or approval requirements. If any such additional permits or approvals are required, they must be obtained prior to the issuance of the zoning permit under this chapter. [Ord. 08-29, 2008].

a. The City Planner may revoke a permit for cause, including but not limited to any of the following:

1. The application for the permit contained any error, misstatement or misrepresentation of material fact, either with or without intention on the part of the applicant, such as might or would have caused a denial of the permit or the inclusion of additional conditions or requirements.

2. Any material change in the location, size, or shape of the building or structure made subsequent to the issuance of a permit, except pursuant to written amendment of the zoning permit approved by the City Planner.

3. Any material change in the use or intended use of the building, structure, or land made subsequent to the issuance of a permit, except pursuant to written amendment of the zoning permit approved by the City Planner.

4. The failure to comply with the terms of the zoning permit or the failure to complete the work authorized by the zoning permit within the time allowed in the permit, including any extensions that may be granted.

b. Prior to revoking a permit, the City Planner shall give the applicant, property owner, or lessee affected by the revocation notice of the grounds for revocation and a meaningful opportunity to be heard concerning those grounds. If after such hearing the City Planner determines the permit shall be revoked, the City Planner shall prepare and promptly deliver to the interested parties a written decision stating the grounds for revocation and citing the evidence in support thereof. The City Planner’s written decision may be appealed. [Ord. 08-29, 2008].

No person shall use or occupy a building or structure that has been erected, constructed, enlarged, altered, repaired, moved, improved, or converted after January 1, 2000, without a properly issued and unrevoked zoning permit required by this chapter. [Ord. 08-29, 2008].

a. This chapter applies to the review and approval of conditional use permit applications when a conditional use permit is required by other provisions of the zoning code.

b. A conditional use permit may be granted to approve land uses and structures with special design or site requirements, operating characteristics, or potential adverse effects on surroundings. Approval may occur through Planning Commission review and, where necessary, the imposition of special conditions of approval.

c. Nothing in the zoning code shall be construed to require the granting of a conditional use permit. [Ord. 08-29, 2008].

a. An application for a conditional use permit shall be submitted to the City Planner on a form provided by the City. The application shall include:

1. Name and mailing address of the owner of the subject lot.

2. Name and mailing address of the applicant for the permit.

3. A legal description and the street address of the subject lot.

4. A narrative description of all proposed uses and structures, specifically identifying those that require conditional use permit approval.

5. A level one or higher site plan prepared according to Chapter 21.73 HCC. In addition to the requirements of Chapter 21.73 HCC, the site plan shall show the location of all outdoor areas to be used for the conditional use.

6. A map showing neighboring lots and a narrative description of the existing uses of all neighboring lots.

7. All additional information (including any permits, plans and analyses) required by other provisions of the zoning code applicable to the proposed use within the subject zoning district.

8. Any additional information the City Planner may require to determine whether the application satisfies the criteria for issuance of a permit.

9. If the applicant is not the owner of the subject lot, the owner’s signed authorization granting applicant the authority to (a) apply for the conditional use permit and (b) bind the owner to the terms of the conditional use permit, if granted.

10. The applicant’s signed certification that all the information contained in the application is true and correct.

b. The City Planner will determine if the application is complete. If not complete, the City Planner will advise the applicant what corrective actions should be taken to complete the application. [Ord. 08-29, 2008].

The applicant must produce evidence sufficient to enable meaningful review of the application. Unless exceptions or other criteria are stated elsewhere in this code, the application will be reviewed under these criteria:

a. The applicable code authorizes each proposed use and structure by conditional use permit in that zoning district.

b. The proposed use(s) and structure(s) are compatible with the purpose of the zoning district in which the lot is located.

c. The value of the adjoining property will not be negatively affected greater than that anticipated from other permitted or conditionally permitted uses in this district.

d. The proposal is compatible with existing uses of surrounding land.

e. Public services and facilities are or will be, prior to occupancy, adequate to serve the proposed use and structure.

f. Considering harmony in scale, bulk, coverage and density, generation of traffic, the nature and intensity of the proposed use, and other relevant effects, the proposal will not cause undue harmful effect upon desirable neighborhood character.

g. The proposal will not be unduly detrimental to the health, safety or welfare of the surrounding area or the City as a whole.

h. The proposal does or will comply with the applicable regulations and conditions specified in this title for such use.

i. The proposal is not contrary to the applicable land use goals and objectives of the Comprehensive Plan.

j. The proposal will comply with all applicable provisions of the Community Design Manual. [Ord. 08-60 § 1, 2008; Ord. 08-29, 2008].

a. The Planning Commission will review and may approve, approve with conditions, or deny an application for conditional use permit. The application shall not be approved unless it is established that the proposal, with conditions if necessary, satisfies the applicable review criteria.

b. In approving a conditional use, the Commission may impose such conditions on the use as may be deemed necessary to ensure the proposal does and will continue to satisfy the applicable review criteria. Such conditions may include, but are not limited to, one or more of the following:

1. Special yards and spaces.

2. Fences, walls and screening.

3. Surfacing of vehicular ways and parking areas.

4. Street and road dedications and improvements (or bonds).

5. Control of points of vehicular ingress and egress.

6. Special restrictions on signs.

7. Landscaping.

8. Maintenance of the grounds, buildings, or structures.

9. Control of noise, vibration, odors, lighting or other similar nuisances.

10. Limitation of time for certain activities.

11. A time period within which the proposed use shall be developed and commence operation.

12. A limit on total duration of use or on the term of the permit, or both.

13. More stringent dimensional requirements, such as lot area or dimensions, setbacks, and building height limitations. Dimensional requirements may be made more lenient by conditional use permit only when such relaxation is authorized by other provisions of the zoning code. Dimensional requirements may not be altered by conditional use permit when and to the extent other provisions of the zoning code expressly prohibit such alterations by conditional use permit.

14. Other conditions necessary to protect the interests of the community and surrounding area, or to protect the health, safety, or welfare of persons residing or working in the vicinity of the subject lot. [Ord. 08-29, 2008].

a. When the application is determined to be complete, the City Planner shall schedule a public hearing before the Planning Commission and provide notice of the application as specified in Chapter 21.94 HCC. The public hearing shall be held within 45 days after determining the application is complete.

b. The Commission shall, within 45 days of the close of the public hearing, approve, approve with conditions, or disapprove the application. The Commission shall promptly issue written findings and reasons supporting its decision.

c. In the event the Commission fails to act within 45 days of the close of the public hearing, the application is considered approved with such conditions or limitations as may have been recommended by the City Planner. The applicant for a conditional use permit may consent in writing to extend the period for action by the Commission.

d. Approval of the conditional use shall require the affirmative vote of four members of the Commission.

e. If a conditional use permit is denied, the written findings and reasons for that decision shall be approved by those who voted against the permit, even if the number against is less than a majority of the Commission. [Ord. 14-08 § 1, 2014; Ord. 08-29, 2008].

The City Planner shall promptly issue a conditional use permit in accordance with a decision of the Commission approving an application. [Ord. 08-29, 2008].

Failure of the applicant to meet any time limits imposed by the conditional use permit is grounds for revocation of the conditional use permit by the Commission, after notice to the permittee and public hearing. An extension of any time limit may be granted by the Commission following a public hearing on the matter. The Commission may grant extensions for any cause it deems sufficient. [Ord. 08-29, 2008].

A variance may be granted by the Planning Commission to provide relief when a literal enforcement of the Homer Zoning Code would deprive a property owner of the reasonable use of a lot. [Ord. 08-29, 2008].

a. All of the following conditions shall exist before a variance may be granted:

1. A literal interpretation of the provisions of the Homer Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same district.

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

3. The special conditions and circumstances that require the variance have not been caused by the applicant.

b. Financial hardship or inconvenience shall not be the sole reason for granting a variance.

c. Other nonconforming land use or structures within the district shall not be considered grounds for granting a variance.

d. If approved, a variance shall be the minimum variance necessary to permit the reasonable use of the land or structure.

e. A variance shall not be granted that will permit a land use in a district in which that use is otherwise prohibited. [Ord. 08-29, 2008].

Application for a variance shall be filed with the City Planner. The application shall include, but is not limited to, all of the following:

a. All of the information required for a conditional use permit application, but referring to the requested variance instead of a conditional use.

b. A precise description of the variance requested, including each section, paragraph and sentence of the zoning code from which the applicant wishes to deviate.

c. A written narrative describing how the application satisfies each of the requirements specified in HCC 21.72.020. [Ord. 08-29, 2008].

a. An application for a variance shall be reviewed by the Planning Commission following, to the extent practicable, the procedures for reviewing a conditional use permit application, except as provided in subsection (b) of this section.

b. If the Commission fails to act on a variance application within 45 days after the close of the public hearing, the application is deemed denied for failure to prove entitlement to the variance. The time to appeal such a denial begins to run on the forty-sixth day following the close of the public hearing. [Ord. 08-29, 2008].

a. When a site plan is required by other provisions of the zoning code, the applicant shall submit to the City Planner for approval a site plan prepared in conformance with this chapter.

b. The level of site plan required is specified in the applicable zoning district regulations. If the level is not specified, a level one plan is required. [Ord. 08-29, 2008].

A level one site plan shall show on a survey, map or plan of the subject property, drawn to a scale of not less than one inch equals 20 feet, all of the following:

a. The precise location of the lot boundaries and all setbacks and easements.

b. The precise location and dimensions of all existing and proposed structures, including any proposed changes to the exterior dimensions of existing structures.

c. Elevation drawings and dimensions of all existing and proposed structures, including any proposed changes to exterior dimensions of existing structures.

d. Existing site features and conditions, including topography, drainage, streams, water bodies, wetlands, lines of mean high tide, storm berms, areas prone to erosion, and the general location of vegetation.

e. The precise location of all existing and proposed structures in relation to existing and proposed streets and other rights-of-way.

f. Access, including proposed driveway and curb cuts, with arrows indicating vehicular traffic patterns into and out of the site and to and from all parking areas.

g. On-site traffic and pedestrian circulation systems, and a detailed parking plan.

h. Pedestrian access to adjacent public lands, waters, walkways and trails. Where practical, safe, and where other means of access have not been provided, access easements may be required.

i. A grading and drainage plan indicating all cuts, fills and areas of disturbance. The plan shall display elevation changes and cut and fill quantities.

j. The location of the site in relation to other existing uses on neighboring properties. [Ord. 08-29, 2008].

A level two site plan shall show on a survey, map or plan of the subject property, drawn to a scale of not less than one inch equals 20 feet, all of the following:

a. All information required by HCC 21.73.020(a) through (e);

b. Access, including proposed driveway and curb cuts, with arrows indicating vehicular traffic patterns into and out of all loading berths or areas;

c. Turning radius for vehicles;

d. The location and proposed screening of open storage areas;

e. Basic floor plans and location of all existing and proposed structures;

f. Location of utilities;

g. Proposed signs and lighting;

h. The location of the site in relation to residential uses and other existing industrial uses on adjacent properties;

i. Location of snow storage. [Ord. 08-29, 2008].

a. When a right-of-way access plan is required by other provisions of the zoning code, the applicant shall submit to the City Planner for approval a right-of-way access plan prepared in conformance with this chapter.

b. The level of right-of-way access plan required is specified in the applicable zoning district regulations. If the level is not specified, a level one plan is required. [Ord. 08-29, 2008].

A level one right-of-way access plan shall conform to all of the following:

a. Show all points of access to rights-of-way.

b. Any access roads and frontage roads shall conform to the policies of the Master Roads and Streets Plan and the ordinances of the City. [Ord. 08-29, 2008].

A level two right-of-way access plan shall conform to all of the following:

a. Show all points of access to rights-of-way.

b. Entrances onto arterials and collectors shall be minimized, and individual businesses shall share access to rights-of-way whenever reasonable.

c. Any access roads and frontage roads shall conform to the controlling street plan elements of the Homer Comprehensive Plan.

d. The plan shall require visibility clearance according to HCC 21.73.200. [Ord. 08-29, 2008].

A level three right-of-way access plan shall conform to all of the following:

a. Show all points of access to rights-of-way.

b. Vehicular Circulation and Access.

1. Street access shall be limited to one entrance and one exit per street. One combined entrance/exit is encouraged to facilitate traffic movement on adjacent streets.

2. To minimize turning movements onto adjacent public roads, developers are encouraged to provide internal circulation systems that connect to adjacent developments. When several adjacent lots front one street it is preferred that they share one driveway or street access. Site design shall continue internal vehicular ways in order to reduce the number of driveway and curb cuts onto the Sterling Highway. Curb cuts onto the Sterling Highway shall be kept to an absolute minimum.

3. Facilities and access routes for deliveries, service and maintenance shall be separated when practical from public access routes and parking areas.

c. Where applicable, frontage roads shall conform to the Master Roads and Streets Plan, the Transportation Plan, and the ordinances of the City.

d. The plan shall require visibility clearance according to HCC 21.73.200. [Ord. 08-29, 2008].

a. When a visibility clearance is required by other provisions of the zoning code, visibility clearance for vehicles shall be protected as specified in this section.

b. At the intersection of any private drive or entrance or exit for a parking area with a public street, no fence, wall, hedge or other planting or structure forming a material impediment of visibility between a height of two and one-half feet and eight feet shall be erected, planted, placed or maintained and no vehicle so impeding visibility shall be parked within triangular areas defined by lines connecting points as follows:

Beginning at the point where the midline of the private drive or entrance or exit for a common parking area intersects the public right-of-way, thence to a point 35 feet along the right-of-way line in the direction of approaching traffic, thence to a point 25 feet toward the interior of the property at the previously described midline, and thence to point of beginning.

This protected area may sometimes be referred to as a “sight triangle” or “visibility triangle.” See Figure 1.

c. Unless otherwise required by law, no visibility clearance area is required on the side of the drive, entrance or exit away from approaching traffic on the same side of the street.

Figure 1

Visibility Clearance Area

[Ord. 08-29, 2008].

a. This chapter applies to a development activity plan (DAP) when required by another provision of the zoning code.

b. When a DAP is required, no person shall do or cause to be done any development activity on the site without first obtaining a DAP approved by the City. [Ord. 08-29, 2008].

The DAP shall provide for the control of stormwater discharges, the control of total suspended solids, and the control of other pollutants carried in runoff. The DAP shall address and satisfy each of the standards established in this section. These standards apply during construction and all other phases of development activity.

a. Stabilization and Sediment Trapping. All exposed or disturbed soils with grades exceeding 10 percent and soils exposed to concentrated surface runoff flows, including soil stockpiles, shall be stabilized in a way that protects soil from the erosive forces of weather and flowing water. Applicable practices include, but are not limited to, the installation of silt fences, vegetative establishment, mulching, plastic covering, and the early application of gravel base on areas to be paved. No soils shall remain unstabilized for more than three days. At all times of the year, the contractor shall have sufficient materials, equipment and labor on site to stabilize and prevent erosion from all disturbed areas before initiating or continuing work.

b. Delineation of Clearing and Easement Limits. Clearing limits, setbacks, buffers, and sensitive or critical areas such as steep slopes, wetlands and riparian corridors shall be clearly identified in the DAP, marked in the field, and inspected by the City prior to commencement of land clearing activities.

c. Protection of Adjacent Properties. Adjacent properties shall be protected from sediment deposition by appropriate use of vegetative buffer strips, sediment barriers or filters, dikes or mulching, or by a combination of these measures and other appropriate methods.

d. Timing and Stabilization of Sediment Trapping Measures. Sediment ponds and traps, perimeter dikes, sediment barriers and other approved methods intended to trap sediment on site shall be constructed as a first step. These methods shall be functional before additional land-disturbing activities take place. Earthen structures such as dams, dikes, and diversions shall not remain unstabilized for more than three days.

e. Slope Stabilization. Cut and fill slopes shall be constructed in a manner that will minimize erosion. Roughened soil surfaces are preferred to smooth surfaces. Interceptors should be constructed at the top of long, steep slopes that have significant areas above that contribute runoff. Concentrated runoff should not be allowed to flow down the face of a cut or fill slope unless contained within an adequate channel or pipe slope drain. Wherever a slope face crosses a water seepage plane, adequate drainage or other protection should be provided. In addition, slopes should be stabilized in accordance with subsection (a) of this section.

f. Controlling Off-Site Erosion. Properties and waterways downstream from development sites shall be protected from erosion due to increases in the volume, velocity, and peak flow rate of stormwater runoff from the development site by the implementation of appropriate methods to minimize adverse downstream impacts.

g. Stabilization of Conveyance Channels and Outlets. All temporary and permanent on-site conveyance channels shall be designed, constructed and stabilized to prevent erosion from the expected flow velocity from a two-year, three-hour duration storm for the post-development condition. Stabilization adequate to prevent erosion of outlets, adjacent stream banks, slopes and downstream reaches shall be provided at the outlets of all conveyance systems.

h. Storm Drain Inlet Protection. All storm drain inlets made operable during construction shall be protected so that stormwater runoff shall not enter the conveyance system without first being filtered or otherwise treated to remove sediment. After proper written application, the requirement for inlet protection may be waived by the City on a site-specific basis when the conveyance system downstream of the inlet discharges to an appropriate on-site sediment control method, including but not limited to sediment ponds or traps. The conveyance system will be adequately cleaned following site stabilization.

i. Underground Utility Construction. The construction of underground utility lines shall be limited, where feasible, to no more than 500 feet of open trench at any one time. Where consistent with safety and space considerations, excavated material shall be placed on the uphill side of the trench. Dewatering devices shall discharge to an appropriate sediment trap or pond, preceded by adequate energy dissipation, prior to runoff leaving the site.

j. Constructed Access Routes. Wherever construction vehicle routes intersect paved roads, provisions must be made to minimize the transport of sediment (mud) and debris onto the paved road by use of approved methods. If sediment or debris is transported onto a road surface, the roads shall be cleaned thoroughly, as a minimum, at the end of each day. Sediment or debris shall be removed from roads by shoveling or sweeping and be transported to a controlled sediment disposal area. Street washing shall be allowed only after sediment is removed in this manner.

k. Removal of Temporary Erosion and Sediment Control Methods. All temporary erosion and sediment control methods shall be removed within 30 days after final site stabilization is achieved or after the temporary methods are no longer needed. Trapped sediment shall be removed or stabilized on site. Disturbed soil areas resulting from removal of temporary methods shall be permanently stabilized. The removal of temporary erosion and sediment control methods may not be required for those projects, such as single-family developments, that will be followed by additional construction under a different permit. In these circumstances, the need for removing or retaining the measures will be evaluated on a site-specific basis.

l. Dewatering Construction Sites. Dewatering devices shall discharge into an appropriate sediment trap or pond designed to accept such a discharge, preceded by adequate energy dissipation, prior to runoff leaving the site.

m. Control of Pollutants Other Than Sediment on Construction Sites. All pollutants other than sediment that occur on site during construction shall be handled and legally disposed of in a manner that does not cause contamination of ground or surface waters. Pollutants of concern include, but are not limited to, fuels, lubricants, solvents, concrete by-products and construction materials.

n. Maintenance. All temporary and permanent erosion and sediment control methods shall be maintained and repaired as needed to assure continued performance of their intended function. The owner shall be responsible for assuring that any such facilities damaged during floods, storms or other adverse weather conditions are immediately returned to normal operating condition.

o. Erosion Control. Erosion control design storm event facilities designed for the control of erosion and sedimentation shall be designed for the erosion and sedimentation control design storm event, defined as the two-year, three-hour duration storm.

p. Changes in Site Topography.

1. The maximum surface gradient on any artificially created slope shall be two feet of horizontal run to one foot of vertical fall (2:1). This gradient may be increased to a steeper slope, if, in the judgment of the Director of Public Works, it has been demonstrated by the developer through engineering calculations performed by a qualified professional engineer that surface erosion at such a gradient can be controlled to that erosion rate equal to a properly stabilized 2:1 slope under the same conditions.

2. The developer shall, at all times, protect adjacent properties and public rights-of-way and easements from damage occurring during, or resulting from, grading operations. The developer shall restore public improvements damaged by the developer’s operations.

q. Correction of Defective Maintenance. If the developer or owner, or both, refuse or fail to adequately maintain and keep the erosion and sediment control facilities functional at all times, and the owner of the property is given seven days’ notice to perform the work necessary to make the facility functional and fails to do so, the City may use public funds to complete maintenance of the facilities at the cost of the developer and the property owner, who shall be jointly and severally liable for such costs.

r. Progress of Work. All work required or approved under this section shall proceed continuously to completion in an expeditious manner unless otherwise authorized by the Director of Public Works, with the intent that work may be halted, for example, due to weather conditions or the need to coordinate other construction on the project site. [Ord. 08-29, 2008].

a. This chapter applies to a stormwater plan (SWP) when required by another provision of the zoning code.

b. When a SWP is required, no person shall do or cause to be done any site development activity without first obtaining a SWP approved by the City.

c. A SWP shall be prepared and stamped by a person who is registered as a professional civil engineer in the State of Alaska. The engineer who prepares a SWP also shall submit to the Department written post-construction documentation that the installed mitigation methods meet the standards in HCC 21.75.020 and the requirements of the approved SWP. [Ord. 10-26 § 1, 2010; Ord. 08-29, 2008].

The SWP shall provide for the control of stormwater discharges, the control of total suspended solids, and the control of other pollutants carried in runoff. The SWP shall address and satisfy each of the standards established in this section.

a. Site designs shall minimize the channelization of stormwater (surface water runoff) that results from all natural forms of precipitation (including snow melt) and maximize pervious areas for stormwater absorption.

b. Stormwater runoff generated by development activities and discharged directly into wetlands, watercourses or waters of Kachemak Bay shall be adequately treated to limit nonpoint source and point source pollution.

c. Water quality management shall be provided through the use of structural and nonstructural practices.

d. Structural methods used for new development shall be designed to remove 80 percent of the average annual post-development total suspended solids load (TSS).

e. All stormwater from paved areas 25,000 square feet or larger subject to motor vehicle traffic shall flow through a spill-containment type of oil/water separator prior to discharge to eliminate nonpoint source pollution.

f. Development sites that include fixed storage in excess of 1,500 gallons of petroleum products shall utilize secondary containment or appropriately sized oil/water type centrifugal separators and shall incorporate a spill response plan within the SWP.

g. Development sites that transfer petroleum products shall utilize appropriately sized and located oil/water type centrifugal separators and shall incorporate a spill response plan within the SWP.

h. Source Control of Pollution. Pollution source control approved methods shall be applied to all projects to the maximum extent to eliminate any discharge.

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

j. To protect stream channels from degradation, channel protection storage volume shall be provided based on two-year, three-hour duration storm.

k. Fuel and chemical residue or other types of potentially harmful material, such as animal waste, garbage or batteries, located in an area susceptible to runoff, shall be removed and disposed of according to applicable law.

1. All approved stormwater control methods shall be installed and maintained to ensure the system functions as designed, for the life of the development.

m. A schedule of monitoring and maintenance practices necessary to maintain the SWP control methods will be supplied by the developer to the City.

n. A record of ongoing monitoring and maintenance shall be maintained on the premises and shall be made available for inspection by the City. [Ord. 10-26 § 2, 2010; Ord. 08-29, 2008].

a. A SWP submitted to the Department shall be accompanied by the following:

1. An estimate prepared by a person who is registered as a professional civil engineer in the State of Alaska of the cost of constructing and installing the mitigation methods and structures that are required to comply with the SWP; and

2. If the estimated cost exceeds $7,500, a performance guaranty meeting the requirements of subsection (b) of this section.

b. A performance guaranty shall be in the form of either a surety bond from a company authorized to do such business in the State, or a cash deposit with the City. The terms of the performance guaranty shall provide that if the developer defaults in constructing and installing the mitigation methods and structures that are required to comply with the SWP, the City may draw upon the performance guaranty to cure the default, but that such a drawing does not relieve the developer of its obligation to comply with the SWP. The amount of the performance guaranty shall be equal to 150 percent of the engineer’s estimate of the cost of constructing and installing the mitigation methods and structures that are required to comply with the SWP.

c. When the engineer who prepared a SWP submits to the Department written post-construction documentation that the installed mitigation methods and structures meet the standards in HCC 21.75.020 and the requirements of the approved SWP, the City shall release the performance guaranty for the SWP. [Ord. 10-26 § 3, 2010].

This chapter applies to traffic impact analysis and traffic impact mitigation when required by other provisions of the Homer Zoning Code. [Ord. 08-29, 2008].

a. A traffic impact analysis must compute traffic generated by a development in accordance with the Institute of Traffic Engineers’ Trip Generation Handbook (current edition). The City Planner will, in his or her discretion, require a traffic impact analysis based upon local traffic generation values. A traffic impact analysis must be prepared by an engineer licensed under AS 08.48 following guidelines approved by the City Planner and contracted by the City.

b. The analysis must be submitted to the City for review and comment under HCC 21.76.200.

c. All traffic impact analysis costs will be borne by the applicant. [Ord. 08-29, 2008].

Level of service (LOS) and operational analysis for a traffic impact analysis prepared under this section must be performed in accordance with the Transportation Research Board’s publication Special Report 209, Highway Capacity Manual (current edition). [Ord. 08-29, 2008].

The minimum acceptable LOS at intersections and on road segments both on the development’s opening date and in the design year is:

a. LOS C, if the LOS on the date of application is LOS C or better;

b. LOS C, if the LOS on the date of application is LOS D;

c. LOS D, if the LOS on the date of application is LOS E or poorer. [Ord. 08-29, 2008].

A traffic impact analysis prepared under this chapter must include consideration of:

a. Intersections on streets or alleys where traffic on any approach is expected to increase as a result of the proposed development by at least five percent of the approach’s capacity;

b. Segments of streets or alleys between intersections where total traffic is expected to increase as a result of the proposed development by at least five percent of the segments’ capacity;

c. Intersections on streets or alleys where the safety of facilities will deteriorate as a result of the traffic generated by the development;

d. Each driveway or approach road that will allow egress or ingress to a street for the proposed development;

e. Parking and circulation routes within the proposed development, to the extent necessary to ensure that traffic does not back up onto a street; and

f. Pedestrian and bicycle facilities that are a part of the street or alley to which a permit applicant seeks access. [Ord. 08-29, 2008].

a. Except for a development expected to generate 250 or more vehicle trips during the peak traffic hour, a traffic impact analysis prepared under this chapter must include consideration of the following:

1. Projected traffic at the development’s anticipated opening date, excluding the traffic generated by the development; and

2. Projected traffic at the development’s anticipated opening date, including the traffic generated by the development.

b. A traffic impact analysis prepared under this chapter for a development expected to generate 250 or more vehicle trips during the peak traffic hours must, in addition to the projected traffic volumes before and after the completion of the proposed development, include consideration of:

1. The projected traffic in the design year for the proposed development, excluding traffic generated by the development; and

2. The projected traffic for the design year for the proposed development including the traffic generated by the development. [Ord. 08-29, 2008].

A traffic impact analysis prepared under this chapter must include identification of, and proposals for traffic impact mitigation measures for, the following:

a. Locations where street improvements are necessary to mitigate traffic impacts, including locations where the LOS is less than acceptable under HCC 21.76.040:

1. Due to the development at either the opening date or the design year; or

2. At either the opening date or the design year without the development and improvements are necessary to prevent the LOS from deteriorating further as a result of the proposed development;

b. Street improvement alternatives that will achieve an acceptable LOS or minimize degradation of service below an already acceptable LOS:

1. On the opening date of the development; and

2. In the design year of the development, for a development projected to generate 250 or more vehicle trips during peak hour on the opening date of the development;

c. Improvements necessary to mitigate any impact on bicycle and pedestrian traffic revealed by the traffic impact analysis; and

d. Improvements needed for internal circulation and parking plans. [Ord. 08-29, 2008].

A conditional use permit may require traffic impact mitigation measures to protect public health, safety, and welfare. It shall include those mitigation measures required by this section.

a. Permittee shall make improvements to a street, alley or intersection to maintain an acceptable LOS if a street, alley or intersection has an:

1. Acceptable LOS without traffic generated by the development; and

2. Unacceptable LOS with traffic generated by the development:

a. At the opening date of the development; or

b. In the design year of the development, for a development expected to generate 250 or more vehicle trips during peak hour on the opening date of the development.

b. If a street, alley or intersection has an unacceptable LOS without traffic generated by the development, either at the opening date of the development or in the design year of the development, a permittee shall make improvements to the street, alley or intersection so the operation of the highway does not deteriorate in terms of delay time or other appropriate measures of effectiveness with the addition of the traffic generated by the development at the opening date of the development or in the design year. [Ord. 08-29, 2008].

a. The City Planner will review and comment upon a traffic impact analysis and mitigation proposals prepared and submitted under this chapter. The City Planner will, in his or her discretion, request clarification and further analysis of the impacts that the Planner considers necessary to adequately consider the risks presented to the traveling public by the proposed development.

b. If alternative means are proposed by an applicant for mitigation of the traffic impacts of a proposed development, the City Planner will consider the proposed alternatives that provide the greatest public benefit, at the least private cost, and that meet appropriate LOS on an impacted highway, road, street or alley.

c. The City Planner will provide a review and recommendations to the Planning Commission.

d. When a traffic mitigation plan is required, the plan must be approved by the Planning Commission as part of its approval of a conditional use permit prior to the issuance of a zoning permit. [Ord. 08-29, 2008].

The conditional use permit may require the posting of payment and performance bonds or other surety or collateral, approved as to form by the City Attorney, to guarantee the satisfactory completion of all traffic impact mitigation required by the conditional use permit. [Ord. 08-29, 2008].

a. A permittee for which a traffic impact analysis report and mitigation plan have been approved shall use, within the development, signs and markings on approaches to streets that conform with the Alaska Traffic Manual. The City adopts by reference the Alaska Traffic Manual, consisting of the Manual of Uniform Traffic Control Devices for Streets and Highways, current edition, including all revisions, issued by the United States Department of Transportation, Federal Highway Administration, and the State of Alaska Department of Transportation and Public Facilities Alaska Supplement, current edition.

b. Internal circulation and parking layout must provide sufficient queuing distance within the development between the street, alley or intersection and potential internal block points to ensure that no traffic backs up onto the street, alley, or intersection, including bicycle and pedestrian facilities. [Ord. 08-29, 2008].