Chapter 21.04


21.04.010    Compliance.

21.04.020    Unlisted uses.

21.04.040    Parking and loading facilities.

21.04.050    Zoning of waterfront property.

21.04.060    Zoning along district boundaries.

21.04.070    Temporary storage of commercial equipment and the use of mobile commercial structures.

21.04.080    Zoning fees.

21.04.090    Zoning of annexed areas.

21.04.010 Compliance.

No person shall develop, construct, use, occupy, keep, or alter any land or structure except in conformance with the Homer Zoning Code requirements applicable to the zoning district in which the same are located. [Ord. 08-29, 2008].

21.04.020 Unlisted uses.

a. Unlisted uses may be allowed within a zoning district upon application of the property owner and written decision by the Planning Commission, if, after a public hearing, the Commission finds the proposed use meets all of the following criteria:

1. The use is not specifically permitted outright or conditionally in any other district;

2. The use is not more appropriate in another district;

3. The use is compatible with the purposes of the district in question;

4. The use is similar to and not more objectionable than other uses permitted outright in that district;

5. The use satisfies any other criteria specifically applicable to approval of unlisted uses in the zoning district in question.

b. In approving an application for a specific unlisted use, the Planning Commission may determine that the unlisted use should be treated as a conditional use. If it does, then the application shall be processed and decided under the provisions of Chapter 21.71 HCC. The applicant will be given notice and an opportunity to provide supplemental information in support of the matter as a conditional use permit application. [Ord. 08-29, 2008].

21.04.040 Parking and loading facilities.

Every building hereafter erected, enlarged or converted to a different use shall conform to the parking and loading requirements of City ordinances. [Ord. 08-29, 2008].

21.04.050 Zoning of waterfront property.

Zoning code requirements applicable to property fronting on a water body shall continue to the edge of the property line, whether or not it is submerged. [Ord. 08-29, 2008].

21.04.060 Zoning along district boundaries.

a. District boundaries shown as following the rights-of-way, streets, highways, or alleys shall be interpreted as following the centerlines, and district boundaries shown as following platted lot lines shall be interpreted as following the lot lines.

b. If a lot is divided by a district boundary, the district boundary shall be respected. This does not preclude the property owner from seeking a boundary change by proposing a zoning map amendment. [Ord. 08-29, 2008].

21.04.070 Temporary storage of commercial equipment and the use of mobile commercial structures.

The temporary storage of commercial equipment and the temporary use of a mobile commercial structure for use during a specific construction project are allowed in all zoning districts only for the duration of the construction project, subject to the following:

a. In the case of construction of a residential structure, the period shall not exceed one year.

b. The mobile commercial structure may be hooked up to the municipal water and sewer system if no other legal waste disposal system is available on the site, and if water and sewer permit applications are approved. Such connections are limited to the duration of the construction project.

c. The mobile commercial structure and commercial equipment must be located on the construction site. If sufficient space is not available on the construction site, they may also be located on one additional lot adjacent to the construction site.

d. The limitations on mobile commercial structures stated in this section do not apply to those structures occupied lawfully in zoning districts, if any, in which mobile commercial structures are permitted or conditionally permitted by the provisions applicable to those districts. [Ord. 08-29, 2008].

21.04.080 Zoning fees.

The City Council may by resolution establish fees to be charged for any application, filing, permit, inspection, appeal, or any other action or service provided for in the Homer Zoning Code or applicable regulations. This includes the authority to amend such fees from time to time and set conditions, if any, under which a fee will be increased or waived, in whole or in part. [Ord. 08-29, 2008].

21.04.090 Zoning of annexed areas.

Zoning of areas annexed to the City shall be initiated at the time of annexation. Zoning district designations shall be completed within one year of annexation. An extension of one year may be granted by the Planning Commission with approval of the Homer City Council. [Ord. 08-29, 2008].