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Homer City Zoning Code

Division VI

ADMINISTRATION AND PROCEDURES

[1]
Ordinance 08-29 repealed and reenacted by Ordinance 10-58, January 24, 2011.

§ 21.90.010 Function of Department of Administration.

The administration and enforcement of the Homer Zoning Code is a function of the Department of Administration under the supervision of the City Manager.
(Ord. 08-29, 2008; Ord. 25-11(S)(A-2) § 1, 2025)

§ 21.90.020 City Planner – Functions and powers.

a. 
The City Manager may appoint a City Planner and one or more assistants, however denominated.
b. 
If appointed by the City Manager, the City Planner shall have all functions and may exercise all powers necessary to administer and enforce the zoning code. Assistants to the City Planner may exercise the administration and enforcement functions and powers of the City Planner under the City Planner’s supervision.
c. 
Administration and enforcement functions and powers of the City Planner include, but are not limited to, the following:
1. 
Maintaining records of all zoning text and district changes related to this title.
2. 
Providing technical assistance upon request by the City Manager.
3. 
Providing and processing all applications under this title.
4. 
Interpreting and enforcing this title.
5. 
Maintaining records of all activity related to this title.
6. 
Other functions and powers assigned by this title.
(Ord. 08-29, 2008; Ord. 25-11(S)(A-2) § 1, 2025)

§ 21.90.030 Invalid land use permits – Correction of violations.

Any permit issued in violation of this title is voidable upon written notice from the City Planner or City Manager. The issuance of a permit under the Homer Zoning Code may be conditioned upon the correction of any or all other violations of the Homer Zoning Code, the regulations promulgated under the Homer Zoning Code, and the terms and conditions of any previously issued permits issued under the Homer Zoning Code on the property that is the subject of the permit.
(Ord. 08-29, 2008; Ord. 14-56(A) § 2, 2015; Ord. 25-11(S)(A-2) § 1, 2025)

§ 21.90.040 Inspections – Right of entry.

a. 
Subject to subsection (b) of this section, at any reasonable time, the City Manager, City Planner, or other City staff member designated in writing by either of them may, upon presentation of proper identification, enter upon and inspect any land, building or premises where he or she has probable cause to believe there exists a violation, or enter upon any land, building or premises to perform a duty of an official under this title.
b. 
Where the Constitution of the United States or of the State so requires, the official shall obtain an administrative search warrant authorizing an inspection and exhibit the warrant to the person in charge of the premises before conducting the inspection. The official may apply to the trial courts of the State to obtain a warrant, stating in the application the name and address of the premises to be inspected, the authority to conduct the inspection, the nature and extent of the inspection, the facts and circumstances justifying the inspection, and any other information necessary to obtain the warrant. Warrants issued under this section should be returned within 10 days.
(Ord. 08-29, 2008; Ord. 25-11(S)(A-2) § 1, 2025)

§ 21.90.050 Evidence of compliance.

Upon request by the City Planner, any person who has obtained a permit under the Homer Zoning Code shall provide evidence showing compliance with the terms of the permit. The obligation to provide evidence of compliance is a condition of every permit granted under the zoning code, whether expressly stated in the permit or not.
(Ord. 08-29, 2008; Ord. 25-11(S)(A-2) § 1, 2025)

§ 21.90.060 Enforcement orders.

a. 
In addition to any other remedy or other method of enforcement available under the Homer Zoning Code or other provision of the Homer City Code or other law, the City Manager or the City Planner may order:
1. 
The discontinuation of a use of land or a structure that is in violation of the Homer Zoning Code, a regulation or a permit.
2. 
The abatement or removal of a structure or part of a structure that is in violation of the Homer Zoning Code, a regulation or a permit.
3. 
The discontinuation of construction or other activity preparatory to a structure or use of real property that is in violation of the Homer Zoning Code, a regulation or a permit.
4. 
The suspension or revocation of a permit under which a violation of the Homer Zoning Code or regulations is occupied, maintained, constructed or established.
5. 
The restoration of any structure, vegetation, land, water body or other thing upon the land that is destroyed, damaged, altered or removed in violation of the Homer Zoning Code, regulations or a permit.
6. 
Any other action necessary to prevent, abate or discontinue a violation of the Homer Zoning Code, a regulation or a permit.
b. 
An enforcement order issued under subsection (a) of this section may be directed to one or more violators.
c. 
A written enforcement order issued under subsection (a) of this section that is served on a violator personally or by certified mail is appealable to the Office of Administrative Hearings. An appeal must be filed within 15 days of service of the written enforcement order. Failure to appeal an enforcement order within 15 days of service shall constitute a waiver of all rights of appeal from the order. Chapter 21.93 HCC is applicable for appeals filed pursuant to this section.
d. 
During such time that an enforcement order is under appeal, no further use or development contrary to the order may continue.
e. 
Upon correction of the condition or termination of the activity that caused the issuance of an enforcement order under subsection (a) of this section, the officer who issued the order may terminate the order or issue written confirmation of satisfactory compliance with the order.
f. 
An enforcement order need not be issued before a prosecution or legal action is commenced with respect to a violation of the Homer Zoning Code, a regulation or a permit. The pendency of any proceeding regarding an enforcement order issued under subsection (a) of this section does not stay any prosecution or other legal action with respect to the violation that is the subject of the enforcement order.
(Ord. 08-29, 2008; Ord. 25-11(S)(A-2) § 1, 2025)

§ 21.90.070 Abatement of nuisance.

a. 
Any use, activity, condition, property, or structure in violation of an enforcement order issued under HCC § 21.90.060 that continues after the time for appeal from the enforcement order has passed, or if appealed, continues after all appeals are exhausted, is a public nuisance and may be abated by the City as provided in this section.
b. 
Before action is taken to abate a nuisance, a final warning notice shall be posted on the property and served personally or by certified mail with return receipt requested to the violator and the owner of record of the property. Unless enjoined by court order within 30 days of the posting and service of the final warning notice, the City Manager will proceed to abate the nuisance. If the City Manager finds it necessary to effectively abate the nuisance, he or she may cause the physical destruction or removal of the nuisance.
c. 
The City Manager shall cause to be kept an account of the cost, including incidental expenses, incurred by the City in the abatement of any nuisance. The City Manager will cause an invoice for collection to be sent to the violator and owner of record of the property specifying the nature and costs of the work performed. For purposes of this section, the term “incidental expenses” shall include but not be limited to the actual expenses and costs to the City in the preparation of the notices, specifications and contracts, work inspection, attorney fees, consultant fees and interest from the date of completion at the rate of 10 percent per annum.
d. 
The property owners of the property upon which the abatement occurred are liable to the City for the entire cost of the abatement. Such charges become a lien upon the real property upon which the abatement occurred. If the invoice for the costs of the abatement remains unpaid after 30 days from the invoice, the City Manager will record a notice of lien at the District Recorder’s office. The lien shall be subordinate to all State and municipal tax liens and existing special assessment liens previously imposed upon the same property and shall be prior and paramount to all other liens. The lien shall continue until the charges and all interest due and payable thereon are paid.
e. 
The lien created under this section may be enforced as provided in AS 34.35.005 through 34.35.045. The enforcement of the lien is a cumulative remedy and does not bar the collection of the charges for abatement or costs and attorney fees through a personal action.
(Ord. 08-29, 2008)

§ 21.90.080 Civil remedies.

a. 
With respect to any violation of the Homer Zoning Code, a regulation or a permit, the City may bring a civil action for any or all of the following:
1. 
To enjoin or abate the violation. Upon application for injunctive relief and a finding that a person is in violation or threatening a violation, the Superior Court shall enjoin the violation.
2. 
To require the restoration of any structure, vegetation, land, water body or other thing upon the land that is destroyed, damaged, altered or removed in such violation.
3. 
To recover damages suffered because of the violation.
4. 
To recover, in addition to any injunctive or compensatory relief, a civil penalty, payable to the City, not exceeding $1,000 for each violation.
b. 
Whenever a written enforcement order is in effect that has not been appealed, or if appealed, remains in effect during an appeal or after all appeals are exhausted, and a violation continues to exist, the City Manager may:
1. 
Commence proceedings to cause the abatement of the violation pursuant to HCC § 21.90.070; or
2. 
Assess an administrative fine, not exceeding $250.00 per day, for failure to comply with an enforcement order.
c. 
The remedies provided in this section are not exclusive, but are cumulative of all other remedies available at law or in equity.
d. 
Any person aggrieved by a violation of the Homer Zoning Code, a regulation or a permit may bring a civil action against the violator as provided in subsection (a) of this section. For purposes of this section, a person occupying or owning land within 300 feet of the perimeter of the parcel containing the violation is irrebuttably presumed to be a person aggrieved. The City shall not be responsible for the costs or fees of such an action, which shall be the sole responsibility of the person filing the action.
(Ord. 08-29, 2008)

§ 21.90.090 Violations.

a. 
The following are violations of this title:
1. 
A structure, alteration of a structure, or use of land or a structure that conflicts with a provision of the Homer Zoning Code, or a regulation or a permit issued under the Homer Zoning Code.
2. 
To use or occupy a structure, land or water other than as allowed by the Homer Zoning Code, regulations, or a permit issued under the Homer Zoning Code.
3. 
To erect, construct, reconstruct, enlarge, move, repair or alter a structure or part thereof other than as allowed by the Homer Zoning Code, a regulation or a permit issued under the Homer Zoning Code.
4. 
To violate the terms of an enforcement order that has not been appealed, or if appealed, remains in effect during an appeal or after all appeals are exhausted.
5. 
To develop, occupy or use any land or structure contrary to or in violation of the terms of this title or the terms of any permit issued under this title.
6. 
To develop, occupy or use any land or structure in any manner for which a permit is required under the Homer Zoning Code without such a permit or after a required permit has been suspended or revoked.
7. 
To knowingly act in any manner declared by the Homer Zoning Code to be prohibited, unlawful, a violation, or an offense.
8. 
To cause another to commit a violation of this title.
b. 
Each act or condition in violation of this title, and every day upon which the act or condition occurs, is a separate violation.
c. 
A violator is a person who:
1. 
Commits or causes a violation of this title; or
2. 
Occupies, maintains, keeps, alters, constructs or establishes a structure, or use of land or a structure, in violation of the Homer Zoning Code, a regulation or a permit; or
3. 
Owns, controls or has the right to control land or a structure where the land or structure is used, occupied, maintained, kept, altered, constructed or established in violation of the Homer Zoning Code, a regulation or a permit.
(Ord. 08-29, 2008)

§ 21.90.100 Fines for violations.

Any violator of this title is, upon conviction by a court, subject to a fine as set forth in an applicable bail forfeiture schedule adopted by the City. If no fine is set forth in an applicable bail forfeiture schedule, upon conviction the violator is subject to a fine of not less than $75.00 and not more than $300.00 for each violation.
(Ord. 08-29, 2008)

§ 21.93.010 Appeals, general.

This chapter governs administrative appeals to a hearing officer from actions and determinations taken under the Homer Zoning Code.
(Ord. 08-29, 2008; Ord. 21-44(S) § 2, 2021)

§ 21.93.020 Decisions subject to appeal.

a. 
The following final decisions made under this title by the City Manager, City Planner, City Planner’s designee may be appealed by a person with standing:
1. 
Approval or denial of a zoning permit.
2. 
Approval or denial of a sign permit.
3. 
Approval or denial of any other permit that is within the authority of the City Planner to approve or deny.
4. 
An enforcement order issued under HCC § 21.90.060.
b. 
The following final decisions of the Commission may be appealed by a person with standing:
1. 
Grant or denial of a conditional use permit.
2. 
Grant or denial of a variance.
3. 
Grant or denial of formal recognition of a nonconforming use or structure, or a decision terminating a nonconforming use or structure.
4. 
Grant or denial of a conditional fence permit.
5. 
A decision by the Commission in a matter appealed to the Commission under HCC § 21.93.020.
(Ord. 08-29, 2008; Ord. 17-07(S-3)(A) § 5, 2017; Ord. 21-44(S) § 2, 2021; Ord. 22-31 § 1, 2022)

§ 21.93.050 Standing.

a. 
Only the following have standing to appeal an appealable action or determination of the City Manager, City Planner, or City Planner’s designee to a hearing officer:
1. 
The applicant for the action or determination, or the owner of the property that is the subject of the action or determination.
2. 
The City Manager or City Planner or any governmental official, agency, or unit.
3. 
Any person aggrieved by the action or determination.
b. 
Only the following have standing to appeal an appealable action or determination of the Planning Commission to a hearing officer:
1. 
Applicant for the action or determination, or the owner of the property that is the subject of the action or determination under appeal.
2. 
The City Manager, the City Planner or the City Planner’s designee, or any governmental official, agency, or unit.
3. 
Any person who actively and substantively participated in the proceedings before the Commission and is aggrieved by the action or determination.
4. 
Any person who actively and substantively participated in the proceedings before the Commission and would be aggrieved if the action or determination being appealed were to be reversed on appeal.
(Ord. 08-29, 2008; Ord. 14-45 § 1, 2014; Ord. 17-07(S-3)(A) § 6, 2017; Ord. 21-44(S) § 2, 2021)

§ 21.93.070 Time for appeal.

An appeal must be filed within 15 days after the date of:
a. 
Distribution of the final decision of the City Manager, City Planner, or planning staff members to the applicant or other person whose property is the subject of the matter being appealed; or
b. 
Distribution of the final decision of the Planning Commission to the applicant and other parties, if any.
(Ord. 08-29, 2008; Ord. 17-07(S-3)(A) § 7, 2017; Ord. 21-44(S) § 2, 2021)

§ 21.93.080 Notice of appeal.

a. 
A notice of appeal from an action or determination of the City Planner or the Planning Commission shall be filed with the City Clerk and shall be accompanied by the planning appeal fee as established in the City of Homer Fee Schedule.
b. 
A notice of appeal shall be in writing, be signed by the appellant, and shall contain the following information:
1. 
The name and address of the appellant.
2. 
A description of the action or determination from which the appeal is sought and the date upon which the action or determination became final.
3. 
The street address and legal description of the property that is the subject of the action or determination being appealed, and the name and address of the owner(s) of that property.
4. 
Detailed and specific allegations of error, including reference to applicable provisions of the zoning code or other law.
5. 
A statement of whether the action or determination should be reversed, modified, or remanded for further proceedings, or any other desired relief.
6. 
Proof showing that the appellant is an aggrieved person with standing to appeal under HCC § 21.93.050.
c. 
The City Clerk shall reject any notice of appeal that does not comply with HCC § 21.93.070 and this section and notify the appellant of the reasons for the rejection. If a notice of appeal is rejected for reasons other than timeliness, a corrected notice of appeal that complies with this section will be accepted as timely if filed within seven days of the date on which the City Clerk mails the notice of rejection.
d. 
Within seven days of the date on which the City Clerk determines the notice of appeal complies with HCC § 21.93.070, copies of the notice of appeal shall be mailed to the appellant, appellee, owner of the property that is the subject of the action or determination, and to owners of record on the Borough Assessor’s records of real property within a 300-foot periphery of the site that is the subject of the proposed action.
(Ord. 08-29, 2008; Ord. 17-07(S-3)(A) § 8, 2017; Ord. 21-44(S) § 2, 2021)

§ 21.93.090 Representation.

a. 
A party to an appeal may be represented by an attorney or may be self-represented. An agency or entity is self-represented when acting through an authorized employee or officer.
b. 
A party represented by an attorney in the appeal shall file, or cause the attorney to file, and serve on the other parties a document that:
1. 
Identifies the attorney; and
2. 
Provides the address, telephone number, facsimile number, and electronic mail address for the attorney.
(Ord. 08-29, 2008; Ord. 21-44(S) § 2, 2021)

§ 21.93.100 General appeals procedure.

a. 
A hearing officer shall be appointed in accordance with HCC § 21.91.100.
b. 
The City Clerk shall notify all parties by mail of the appointed hearing officer. All parties shall have 10 days from the date of mailing of the notice to object in writing to the hearing officer based upon conflicts of interest, personal bias or ex parte contacts. Failure to file an objection to the hearing officer within the 10 days shall waive any objection to the hearing officer.
c. 
All appeals must be heard and a decision rendered within 90 days after the appeal record has been prepared. The hearing officer may, for good cause shown, extend the time for hearing.
d. 
The hearing officer will hold a preconference hearing to develop a briefing schedule, set a hearing date, and address other matters as needed related to the appeal hearing.
e. 
The appellant, appellee, owner of the property that is the subject of the action or determination, and their representatives shall be provided not less than 15 days’ written notice of the time and place of the appeal hearing.
f. 
A notice of hearing shall be published at least once during the calendar week prior to the appeal hearing date and the notice shall contain:
1. 
A brief description of the proposal on which the public body is to act;
2. 
A legal or common description of the property involved and a street address;
3. 
Date, time and place of the public hearing;
4. 
A statement that the complete proposal is available for review, specifying the particular City office where the proposal may be examined.
Two weeks prior to the appeal hearing, the notice of hearing discussed in this subsection shall be mailed to owners of record on the Borough Assessor’s records of real property within a 300-foot periphery of the site that is the subject of the proposed action.
g. 
An electronic recording shall be kept of the entire proceeding. The electronic recording shall be preserved for one year unless required for further appeals. No recording or minutes shall be kept of deliberations that are not open to the public.
(Ord. 08-29, 2008; Ord. 10-41(A) § 1, 2010; Ord. 17-07(S-3)(A) § 9, 2017; Ord. 21-44(S) § 2, 2021; Ord. 22-31 § 2, 2022)

§ 21.93.110 Appeal decisions.

a. 
All final decisions on appeals shall be in writing.
b. 
A decision shall include an official written statement of factual findings and legal conclusions supporting the decision. This statement shall refer to specific evidence in the record and to the controlling sections of the zoning code. The hearing officer may adopt, as their statement of findings and reasons, those findings and reasons officially adopted by the body or officer below from which the appeal was taken.
c. 
Copies of the written decision shall be promptly mailed to the appellant, appellee, the owner of the property that is the subject of the action or determination, and their representatives.
(Ord. 08-29, 2008; Ord. 10-41(A) § 2, 2010; Ord. 17-07(S-3)(A) § 10, 2017; Ord. 21-44(S) § 2, 2021)

§ 21.93.510 New evidence or changed circumstances.

a. 
Except as provided in subsection (b) of this section, the hearing officer shall not consider allegations of new evidence or changed circumstances and shall make their decision based solely on the record. If new evidence or changed circumstances are alleged, the hearing officer may, in their discretion, either hear the appeal without considering the allegations or may remand the matter to the appropriate lower administrative body or official to rehear the matter, if necessary.
b. 
When the standing of a person is in issue, the hearing officer may take additional evidence for the limited purpose of making findings on the question of the person’s standing. No evidence received under this subsection shall be considered for purposes other than determining standing.
(Ord. 08-29, 2008; Ord. 10-41(A) § 5, 2010; Ord. 17-07(S-3)(A) § 12, 2017; Ord. 21-44(S) § 2, 2021)

§ 21.93.520 Preparation of record.

a. 
The appeal record shall be completed within 15 days after receipt of a timely and complete notice of appeal. The appeal record shall consist of the items, and shall be prepared in the manner, described in this subsection.
1. 
The Clerk will assemble and paginate all relevant documents involved in the original decision, including any staff reports, minutes, exhibits, notices, and other documents considered in making the original decision.
2. 
A party may elect to include a verbatim transcript of the testimony before the Planning Commission in the appeal record by making a written request to the City Clerk for a recording of the testimony within 14 days after the Clerk mails copies of the notice of appeal to the parties pursuant to HCC § 21.93.080(d). The requesting party shall arrange and pay for the preparation of the transcript. Only a transcript prepared and certified as accurate by a qualified court reporter shall be accepted. The original transcript must be filed with the City Clerk to be provided to the hearing officer with the record on appeal.
b. 
The appellant, appellee, owner of the property that is the subject of the action or determination, or any person may obtain a copy of the record upon payment of the costs of reproduction and any applicable mailing costs.
(Ord. 08-29, 2008; Ord. 10-41(A) § 6, 2010; Ord. 17-07(S-3)(A) § 13, 2017; Ord. 21-44(S) § 2, 2021)

§ 21.93.530 Prehearing conference.

Repealed by Ord. 22-31.
(Ord. 08-29, 2008; Ord. 10-41(A) § 7, 2010; Ord. 21-44(S) § 2, 2021)

§ 21.93.540 Appeal hearing.

Unless otherwise established in the prehearing conference an appeal to a hearing officer will be conducted as follows:
a. 
Preliminary matters.
b. 
Oral arguments – 20 minutes each for appellant and appellee. The appellant may reserve a portion of their time for rebuttal or closing comments.
c. 
The hearing officer may question each of the parties.
d. 
Adjourn for deliberative purposes.
(Ord. 08-29, 2008; Ord. 10-41(A) § 8, 2010; Ord. 17-07(S-3)(A) § 14, 2017; Ord. 21-44(S) § 2, 2021)

§ 21.93.550 Hearing officer decision.

The hearing officer may affirm or reverse the decision of the lower administrative body in whole or in part. A decision affirming, reversing, or modifying the decision appealed from shall be in a form that finally disposes of the case on appeal, except where the case is remanded for further proceedings. A decision by the hearing officer is a final administrative decision appealable under HCC § 21.91.130 and is not subject to reconsideration.
(Ord. 08-29, 2008; Ord. 17-07(S-3)(A) § 15, 2017; Ord. 21-44(S) § 2, 2021; Ord. 22-31 § 3, 2022)

§ 21.93.560 Remand.

a. 
The hearing officer may remand the appeal to the lower administrative body when the hearing officer determines that:
1. 
There is insufficient evidence in the record on an issue material to the decision of the case;
2. 
There has been a substantial procedural error that requires further consideration by the lower administrative body; or
3. 
There is other cause requiring further proceedings by the lower administrative body.
b. 
A decision remanding a case shall describe any issue upon which further evidence should be taken, and shall set forth any further directions the hearing officer deems appropriate for the guidance of the lower administrative body.
c. 
The lower administrative body shall promptly act on the case upon remand in accordance with the decision of the hearing officer. A case on remand has priority on the agenda of the lower administrative body, except cases remanded under HCC § 21.93.510(a) are not entitled to priority. The applicant or owner of the property in question may waive the priority given by this subsection.
(Ord. 08-29, 2008; Ord. 17-07(S-3)(A) § 16, 2017; Ord. 21-44(S) § 2, 2021)

§ 21.93.570 Other procedures.

If no specific procedure is prescribed by the code, the hearing officer may proceed in an administrative appeal in any lawful manner not inconsistent with this title, statutes, and the Constitution.
(Ord. 08-29, 2008; Ord. 17-07(S-3)(A) § 17, 2017; Ord. 21-44(S) § 2, 2021)

§ 21.93.700 Conflict of interest.

A hearing officer or administrative law judge shall refrain from hearing or otherwise deciding a case presenting a conflict of interest. A conflict of interest may arise from a financial or other personal interest of the hearing officer or administrative law judge, or of an immediate family member. A conflict of interest exists if:
a. 
The financial or other personal interest reasonably could be perceived to influence the official action of the hearing officer; or
b. 
A hearing officer previously represented or provided legal advice to a party on a specific subject before the hearing officer or administrative law judge.
(Ord. 08-29, 2008; Ord. 17-07(S-3)(A) § 18, 2017; Ord. 21-44(S) § 2, 2021)

§ 21.93.710 Ex parte communication prohibited.

a. 
The hearing officer appointed to review a decision issued by the Commission shall not have ex parte communication with any person. “Ex parte communication” means to communicate, directly or indirectly, with the appellant, other parties or persons affected by the appeal, or members of the public concerning an appeal or issues specifically presented in the notice of appeal, either before the appeal hearing or during any period of time the matter is under consideration, without notice and opportunity for all parties to participate in the communication.
b. 
This section does not prohibit:
1. 
Communications between municipal staff and Commission or the hearing officer where:
a. 
Such staff members are not themselves parties to the appeal; and
b. 
Such communications do not furnish, augment, diminish, or modify the evidence in the record on appeal.
2. 
Communications between the Commission and its legal counsel.
c. 
Repealed by Ord. 21-44(S).
d. 
Repealed by Ord. 21-44(S).
e. 
Repealed by Ord. 21-44(S).
f. 
It is a violation, subject to penalties and other enforcement remedies under this title:
1. 
For any person to knowingly have or attempt to have ex parte communication with a hearing officer in violation of subsection (a) of this section.
2. 
For the hearing officer to knowingly receive an ex parte communication in violation of subsection (a) of this section.
3. 
For the hearing examiner to knowingly fail to place on the record any matter that is an ex parte contact.
(Ord. 08-29, 2008; Ord. 17-07(S-3)(A) § 19, 2017; Ord. 21-44(S) § 2, 2021; Ord. 22-31 § 4, 2022)

§ 21.94.010 General.

This chapter governs public hearings held by the Commission under the Homer Zoning Code.
(Ord. 08-29, 2008)

§ 21.94.020 Public hearing procedures.

a. 
Notice of the public hearing shall be published at least once in a paper of general circulation within the City. The notice shall be published at least once during the calendar week prior to the public hearing date.
b. 
The notice shall contain at least the following information:
1. 
A brief description of the proposal on which the public body is to act;
2. 
A legal or common description of the property involved and a street address;
3. 
Date, time and place of the public hearing;
4. 
A statement that the complete proposal is available for review, specifying the particular City office where the proposal may be examined.
(Ord. 08-29, 2008)

§ 21.94.030 Notification of neighboring property owners.

a. 
Except as provided in subsection (b) of this section, a copy of the aforementioned newspaper notification or notice containing at least the same information shall be mailed to owners of record on the Borough Assessor’s records of real property within a 300-foot periphery of the site that is the subject of the proposed action.
b. 
When a public hearing is to be held about a zoning ordinance amendment involving only a change in the zoning code text or major district boundary changes, no mailing of the notification to neighboring property owners is required, but notice shall be published in the newspaper and displayed in at least three public places.
(Ord. 08-29, 2008)

§ 21.95.010 Initiating code amendment.

An amendment to this title may be initiated by any of the following:
a. 
A member of the City Council;
b. 
A member of the Planning Commission;
c. 
The City Manager;
d. 
The City Planner; or
e. 
A petition bearing the signatures, and the printed names and addresses, of not less than 50 qualified City voters.
(Ord. 10-58, 2011)

§ 21.95.020 Initiating zoning map amendment.

An amendment to the official zoning map may be initiated by any of the following:
a. 
A member of the City Council;
b. 
A member of the Planning Commission;
c. 
The City Manager;
d. 
The City Planner; or
e. 
A petition of property owners meeting the following requirements:
1. 
The proposed amendment would either:
a. 
Apply to an area not less than two acres, including half the width of any abutting street or alley rights-of-way; or
b. 
Reclassify the area to a zoning district that is contiguous to the area or separated from the area only by a street or alley right-of-way.
2. 
The petition represents lots that include more than 50 percent of the area (excluding rights-of-way) that is the subject of the proposed amendment. A lot is represented on the petition only if the petition bears the signatures, and the printed names and addresses, of all record owners of the lot.
3. 
The petition also shall include the following:
a. 
The following statement on each page of the petition: “Each person signing this petition represents that the signer is a record owner of the lot whose description accompanies the signature; that the signer is familiar with the proposed zoning map amendment and the current zoning district of the lot; and that the signer supports the City Council’s approval of the amendment.”
b. 
The name of each record owner, the legal description and the Borough tax parcel number of each lot that is the subject of the proposed amendment.
c. 
A map showing the lots comprising the area that is the subject of the proposed amendment, all lots contiguous to the boundary of that area, and the present zoning and proposed zoning of each such lot.
d. 
A statement of the justification for the proposed amendment.
(Ord. 10-58, 2011)

§ 21.95.030 Restriction on repeating failed amendment proposals.

No proposal by qualified voters to amend this title, or by property owners to amend the official zoning map, shall be reviewed by the Planning Department, or submitted to the Planning Commission or the Council, if it is substantially the same as any other amendment that the Council rejected within the previous nine months.
(Ord. 10-58, 2011)

§ 21.95.040 Planning Department review of code amendment.

The Planning Department shall evaluate each amendment to this title that is initiated in accordance with HCC § 21.95.010 and qualified under HCC § 21.95.030, and may recommend approval of the amendment only if it finds that the amendment:
a. 
Is consistent with the Comprehensive Plan and will further specific goals and objectives of the plan.
b. 
Will be reasonable to implement and enforce.
c. 
Will promote the present and future public health, safety and welfare.
d. 
Is consistent with the intent and wording of the other provisions of this title.
(Ord. 10-58, 2011)

§ 21.95.050 Planning Department review of zoning map amendment.

The Planning Department shall evaluate each amendment to the official zoning map that is initiated in accordance with HCC § 21.95.020 and qualified under HCC § 21.95.030, and may recommend approval of the amendment only if it finds that the amendment:
a. 
Is consistent with the Comprehensive Plan and will further specific goals and objectives of the plan.
b. 
Applies a zoning district or districts that are better suited to the area that is the subject of the amendment than the district or districts that the amendment would replace, because either conditions have changed since the adoption of the current district or districts, or the current district or districts were not appropriate to the area initially.
c. 
Is in the best interest of the public, considering the effect of development permitted under the amendment, and the cumulative effect of similar development, on property within and in the vicinity of the area subject to the amendment and on the community, including without limitation effects on the environment, transportation, public services and facilities, and land use patterns.
(Ord. 10-58, 2011)

§ 21.95.060 Review by Planning Commission.

a. 
The Planning Commission shall review each proposal to amend this title or to amend the official zoning map before it is adopted by the City Council.
b. 
Within 30 days after determining that an amendment proposal is complete and complies with the requirements of this chapter, the Planning Department shall present the amendment to the Planning Commission with the Planning Department’s comments and recommendations, accompanied by proposed findings consistent with those comments and recommendations.
c. 
The Planning Department shall schedule one or more public hearings before the Planning Commission on an amendment proposal, and provide public notice of each hearing in accordance with Chapter 21.94 HCC.
d. 
After receiving public testimony on an amendment proposal and completing its review, the Planning Commission shall submit to the City Council its written recommendations regarding the amendment proposal along with the Planning Department’s report on the proposal, all written comments on the proposal, and an excerpt from its minutes showing its consideration of the proposal and all public testimony on the proposal.
(Ord. 10-58, 2011; Ord. 16-57 § 1, 2017)

§ 21.95.070 Review by City Council.

City Council shall consider an amendment proposal to this title in accordance with the ordinance enactment procedures in the Homer City Code but shall not adopt an amendment proposal under this title without considering the recommendations of the Planning Commission regarding an amendment proposal. When City Council is considering an amendment proposed by the Planning Commission, the City Council may adopt the proposed amendment as submitted or with amendments, or reject the proposed amendment.
(Ord. 10-58, 2011; Ord. 16-57 § 2, 2017)
§ 21.91.010 Planning Commission established.
There shall be a Planning Commission established and functioning pursuant to Chapter 2.72 HCC.
(Ord. 08-29, 2008; Ord. 21-44(S) § 1, 2021)
§ 21.91.020 Powers and functions.
In addition to the powers and functions assigned to the Planning Commission in Chapter 2.72 HCC, the Commission has all the powers and functions assigned to it in this title.
(Ord. 08-29, 2008; Ord. 21-44(S) § 1, 2021)
§ 21.91.100 Hearing officer appointment.
A hearing officer shall be appointed by the City Manager to hear and decide appeals authorized by Chapter 21.93 HCC. A hearing officer appointed by the City Manager must have experience acting as an administrative law judge or administrative hearing officer and must be licensed to practice law in the State of Alaska and in good standing.
(Ord. 08-29, 2008; Ord. 21-44(S) § 1, 2021)
§ 21.91.110 Powers and functions.
a. 
The hearing officer appointed by the City Manager shall hear and decide appeals pursuant to the provisions of the zoning code.
b. 
The hearing officer shall act as the decision maker in appeals of decisions made by the City Manager, City Planner, City Planner’s designee, or the Planning Commission.
(Ord. 08-29, 2008; Ord. 17-07(S-3)(A) § 2, 2017; Ord. 21-44(S) § 1, 2021)
§ 21.91.120 Procedures.
Appeals heard by a hearing officer shall be conducted according to applicable procedures specified in Chapter 21.93 HCC.
(Ord. 08-29, 2008; Ord. 17-07(S-3)(A) § 3, 2017; Ord. 21-44(S) § 1, 2021)
§ 21.91.130 Appeals to Superior Court.
a. 
An appeal from a final decision of a hearing officer may be taken directly to the Superior Court by a party who actively and substantively participated in the proceedings before the hearing officer or by the City Manager or City Planner or any governmental official, agency, or unit.
b. 
An appeal to the Superior Court shall be filed within 30 days of the date of distribution of the final decision to the parties appearing before the hearing officer.
c. 
An appeal from a final decision of the hearing officer to the Superior Court is governed by court rules.
(Ord. 08-29, 2008; Ord. 17-07(S-3)(A) § 4, 2017; Ord. 21-44(S) § 1, 2021)