Chapter 2.72


2.72.010    Homer Planning Commission established.

2.72.020    Incorporation of State law.

2.72.030    Duties and powers.

2.72.040    Terms of Commission members.

2.72.050    Zoning powers and duties.

2.72.060    Record of proceedings.

Prior legislation: Ord. 16-100.1.

2.72.010 Homer Planning Commission established.

a. In order to maximize local involvement in planning, and in the implementation and modification of the Homer zoning ordinance, the Homer Planning Commission is established. Planning Commission jurisdiction is limited to the area within the City boundaries.

b. The Homer Planning Commission shall have seven members. No more than one of its members may be from outside the City limits. Members shall be appointed by the Mayor subject to confirmation by the City Council.

c. A Chairman and Vice-Chairman of the Commission shall be selected annually and shall be appointed from and by the appointive members.

d. In addition to the seven Commission members appointed by the Mayor, the Mayor, City Manager or the City Manager’s designee shall serve as consulting members of the Commission when the Commission is sitting in its advisory-only capacity. Consulting members of the Commission shall have no vote. [Ord. 19-32(S) § 1, 2019; Ord. 82-15, 1982; Ord. 79-12, 1979. Code 1967 § 16-100.1; Code 1981 § 1.76.010].

2.72.020 Incorporation of State law.

The laws of the State of Alaska dealing with the planning and zoning commissions present and future are incorporated into this chapter as if expressly included in this chapter. [Ord. 19-32(S) § 1, 2019; Ord. 82-15 § 2, 1982. Code 1967 § 16-100.2; Code 1981 § 1.76.020].

2.72.030 Duties and powers.

The Commission shall be required to do the following:

a. Develop, adopt, alter or revise, subject to approval by the City Council, a master plan for the physical development of the City. Such master plan with accompanying maps, plats, charts, descriptive and explanatory matter shall show the Commission’s recommendations for the development of the City territory, and may include, among other things:

1. Development of the type, location and sequence of all public improvements;

2. The relocation, removal, extension or change of use of existing or future public ways, grounds, spaces, buildings, properties and utilities;

3. The general extent and location of rehabilitation areas.

When a master plan for the City has been approved by the Council, amendments, revisions and extensions thereof may be adopted by the Council after consideration and report by the Commission;

b. Review and comment on all proposed vacations, abbreviated subdivision plats, subdivision plat waivers, and preliminary plats of land within the City before their submittal to the Kenai Peninsula Borough, as provided in the Kenai Peninsula Borough Code of Ordinances;

c. Draft an official map of the City and recommend or disapprove proposed changes in such map;

d. Promote public interest in and understanding of the master plan and of general regulations with regard to planning and zoning;

e. Make investigations regarding any matter related to City planning;

f. Make and prepare reports, prints, plats and plans for approval by the City Council;

g. Make or cause to be made surveys, maps and plans relating to the location and design of any public building, dock, beach, ski ground, statue, memorial, park, parkway, boulevard, street, alley or playground. For the purpose of implementing this subsection, all departments of the City considering any such improvement are required, and all public agencies not a part of the City are requested, to inform the Commission of the proposed improvement, and submit such pertinent information to the Commission and within such time as will enable the Commission to recommend to City Council whether the proposed improvement is consistent with the general plan and established planning principles. No public improvement shall be authorized by City Council until the recommendation of the Commission shall have been received, but the City Council shall not be bound by that recommendation. [Ord. 19-32(S) § 1, 2019; Ord. 14-41 § 1, 2014; Code 1967 § 16-100.3; Code 1981 § 1.76.030].

2.72.040 Terms of Commission members.

a. Members of the first Commission shall be appointed for the following terms:

1. Three members shall be appointed for three-year terms;

2. Two members shall be appointed for two-year terms;

3. Two members shall be appointed for one-year terms.

b. At the end of the respective terms set forth in subsection (a) of this section, members shall be appointed for full three-year terms.

c. A Commission member’s appointment is vacated under the following conditions:

1. A member fails to qualify to take office within 30 days after their appointment;

2. A member resigns;

3. A member is physically or mentally unable to perform the duties of the office;

4. A member is convicted of a felony or of an offense involving a violation of their oath of office; or

5. A member has three consecutive unexcused absences, or misses six meetings in an appointment year. [Ord. 21-50(S)(A) § 3, 2021; Ord. 19-32(S) § 1, 2019; Ord. 78-2 § 1, 1978. Code 1967 § 16-100.4; Code 1981 § 1.76.040].

2.72.050 Zoning powers and duties.

The Commission shall act in an advisory capacity to the Kenai Peninsula Borough Planning Commission regarding the following matters:

a. Subdivision plat proposals.

b. Right-of-way and easement vacation petitions.

c. City of Homer Comprehensive Plan amendments. [Ord. 19-32(S) § 1, 2019; Ord. 82-15 § 3, 1982. Code 1981 § 1.76.050].

2.72.060 Record of proceedings.

The Commission shall meet regularly twice a month, and permanent records or minutes shall be kept of Commission proceedings, and such minutes shall record the vote of each member upon every question. Copies of such minutes shall be filed in the office of the City Clerk, shall be provided to the City Council not later than its first regular meeting after their preparation, and shall be a public record open to inspection by any person. [Ord. 19-32(S) § 1, 2019; Ord. 14-41 § 2, 2014; Ord. 89-21(A) § 3, 1989. Code 1967 § 16-100.6; Code 1981 § 1.76.060].