Chapter 21.20
TOWN CENTER DISTRICT

Sections:

21.20.010    Purpose.

21.20.020    Permitted uses and structures.

21.20.030    Conditional uses and structures.

21.20.040    Dimensional requirements.

21.20.050    Architectural standards.

21.20.060    Site and access plan.

21.20.070    Site development requirements.

21.20.080    Nuisance standards.

21.20.090    Lighting standards.

21.20.100    Traffic requirements.

21.20.010 Purpose.

The primary purpose of the Town Center District is to provide a centrally located area in Homer for a core business area and a community focal point. Pedestrian-friendly designs and amenities are encouraged. [Ord. 08-29, 2008].

21.20.020 Permitted uses and structures.

The following uses are permitted outright in the Town Center District, except when such use requires a conditional use permit by reason of size, traffic volumes, or other reasons set forth in this chapter:

a. Retail business where the principal activity is the sale of merchandise and incidental services in an enclosed building;

b. Personal service establishments;

c. Offices;

d. Restaurants, clubs and drinking establishments which provide food or drink for consumption on the premises;

e. Parking lots and parking garages, in accordance with Chapter 21.55 HCC;

f. Hotels and motels;

g. Single-family, duplex, and multiple-family dwellings, but not including mobile homes or townhouses;

h. Townhouses subject to the standards of HCC 21.53.010(c), (f), (h), (i), and (o) only;

i. Parks;

j. Financial institutions;

k. Retail sale of building supplies and materials, only if such use, including storage of materials, is wholly contained within an enclosed building;

l. Home occupations, provided they conform to the standards in HCC 21.51.010;

m. Dwelling units and nonresidential uses in the same building, if each use is otherwise allowed by this chapter;

n. Religious, cultural and fraternal assemblies;

o. Entertainment establishments;

p. Private, public, and commercial schools;

q. Museums and libraries;

r. Studios;

s. Plumbing, heating and appliance service shops, only if such use, including the storage of materials, is wholly within an enclosed building;

t. Publishing, printing and bookbinding;

u. Mobile food services on City-owned land only;

v. Transient or itinerant merchants, provided all activities shall be limited to uses permitted outright under this zoning district, and only on City-owned land;

w. Day care homes and facilities; provided, however, that play areas must be fenced;

x. Rooming house, bed and breakfast and hostel;

y. Farmers’ market;

z. More than one building containing a principal permitted use on a lot;

aa. Greenhouse and garden supplies;

bb. Indoor and outdoor recreational facilities;

cc. Group care and assisted living facilities;

dd. Self-service laundries. [Ord. 22-68(A) § 5, 2022; Ord. 11-23(A) § 5, 2011; Ord. 08-29, 2008].

21.20.030 Conditional uses and structures.

The following uses may be permitted in the Town Center District when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC:

a. Planned unit developments, limited only to uses otherwise permitted in this district;

b. Indoor recreational facilities;

c. Light or custom manufacturing, repair, fabricating, and assembly, provided such use, including storage of materials, is wholly within an enclosed building;

d. Other uses approved pursuant to HCC 21.04.020;

e. Outdoor recreational facilities;

f. Customary accessory uses to any of the permitted uses listed in the TCD district; provided, that a separate permit shall not be issued for the construction of any type of accessory building prior to that of the main building;

g. One wind energy system having a rated capacity exceeding 10 kilowatts; provided, that it is the only wind energy system on any capacity of the lot. [Ord. 22-68(A) § 5, 2022; Ord. 09-34(A) § 13, 2009; Ord. 08-29, 2008].

21.20.040 Dimensional requirements.

The following dimensional requirements shall apply to all uses in the Town Center District:

a. Lot Size. The minimum lot area shall be 6,000 square feet.

b. Building Setbacks. Buildings shall be set back from lot boundaries and street rights-of-way as follows:

1. All buildings must be set back from the Sterling Highway right-of-way by 20 feet or more, without exception.

2. From all other street rights-of-way, all buildings must be set back not less than 10 and not more than 20 feet, except as allowed by subsection (b)(4) of this section.

3. All buildings must be set back five feet from all other lot boundary lines, except the minimum setback shall be two feet from all other boundary lines when approved by the State Fire Marshal.

4. If approved by a conditional use permit, the distance for a required setback from a street right-of-way, except the Sterling Highway right-of-way, may be reduced or increased.

5. Alleys are not subject to the setback requirements of subsections (b)(1) and (2) of this section. All buildings must be set back at least five feet from alley rights-of-way, without exception.

6. Any attached or detached accessory building shall maintain the same yards and setbacks as the main building.

c. Building Height.

1. The maximum building height shall be 35 feet, except as provided in subsection (c)(2) of this section.

2. Where a suitable fire suppression system is provided a building may exceed 35 feet in height, if and to the extent approved by a conditional use permit.

d. No lot shall contain more than 8,000 square feet of building area (all buildings combined), nor shall any lot contain building area in excess of 30 percent of the lot area, without an approved conditional use permit.

e. Building Area and Dimensions – Retail and Wholesale.

1. The total floor area of retail and wholesale business uses within a single building shall not exceed 75,000 square feet.

2. No conditional use permit, planned unit development, or variance may be granted that would allow a building to exceed the limits of subsection (e)(1) of this section, and no nonconforming use or structure may be expanded in any manner that would increase its nonconformance with the limits of subsection (e)(1) of this section.

3. Any building the main use of which is retail business, wholesale business, or a combination of the two shall not exceed 75,000 square feet of footprint area. [Ord. 08-30(S)(A) § 1, 2008; Ord. 08-29, 2008].

21.20.050 Architectural standards.

a. All development will contain variation in detail to provide visual interest and to avoid monotony. Use of pitched roofs, breaks in roofs and wall lines and other architectural features will be utilized. Building materials may simulate quality traditional building materials such as wood, stone and brick.

b. Architecture based upon generic franchise design is prohibited.

1. Where buildings of generic franchise design are proposed, design architecture is instead encouraged to conform with the architectural section of the Community Design Manual.

2. Buildings of less than 8,000 square feet of building area are exempt from the siding and trim and color sections of the manual.

c. Architecturally integrated artwork is encouraged.

d. Fences shall comply with the Community Design Manual.

e. All development shall comply with the commercial streetscape guidelines of site design section of the Community Design Manual. [Ord. 08-29, 2008].

21.20.060 Site and access plan.

a. A zoning permit for a building or structure within the Town Center District shall not be issued by the City without a level one site plan approved by the City under Chapter 21.73 HCC.

b. A zoning permit for a building or structure within the Town Center District shall not be issued by the City without a level two right-of-way access plan approved by the City under Chapter 21.73 HCC, except that in the Town Center District, frontage roads are prohibited. [Ord. 08-29, 2008].

21.20.070 Site development requirements.

a. All development on lands in this zoning district shall conform to the level two site development requirements set forth in HCC 21.50.030, except as otherwise provided in this section.

b. HCC 21.50.030(b) and (f) do not apply in this zoning district.

c. Stormwater management and drainage will be integrated with adjacent properties to the maximum extent possible.

d. All utilities in the district are required to be underground.

e. Landscaping Requirements. All lands in this zoning district shall be landscaped to conform to the following:

1. Landscaping shall emphasize native materials, including ground cover, shrubs and trees.

2. Not less than 15 percent of the area of the lot(s) shall be landscaped. Landscaping may consist of a combination of the following, and must include all elements required by the following or any other sections of the code:

a. Buffers. To be included in the calculation of required landscaping, buffers along lot lines shall be not less than three feet in width.

b. Gardens. To be included in the calculation of required landscaping, a garden shall be not less than 10 feet in length or width as measured at its shortest dimension. In addition to landscaping, a garden may include amenities, such as pedestrian seating areas, art, sand boxes, flower and ornamental gardens, paths, bike racks, outdoor restaurant seating, and other similar structures incidental to use of the building. No more than 50 percent of a garden may have an impervious cover, e.g., pavement, brickwork, and decking. Any decks or patios included in the calculation of a garden shall be at or near ground level. Use of grass, wood chips, or natural surfaces is preferred over areas paved with asphalt or concrete. A landscaped stormwater detention area may be included in a garden or buffer.

c. Use of landscaping to buffer the public view of the backs of buildings and loading areas is encouraged.

d. Parking Lots. Parking lots shall include landscaping as follows:

i. A minimum of 10 percent of the parking area of parking lots with 35 spaces or more shall be landscaped in islands, dividers, or a combination of the two. Any island or divider must be:

(1) Large enough and designed to ensure plant survivability; and

(2) Large enough to break up the visual bulk and scale of the parking lot;

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

iii. Parking lots with only one single-loaded or one double-loaded aisle that have a 15-foot minimum landscaped buffer adjacent to road rights-of-way are excluded from the requirement of subsection (e)(2)(d)(i)(1) of this section.

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

3. Topsoil addition, final grading, seeding, and all plantings of flora must be completed within nine months of substantial completion of the project, or within the first growing season after substantial completion of the project, whichever comes first. Required landscaping will be maintained thereafter, with all shrubs, trees, and ground cover being replaced as needed. [Ord. 08-29, 2008].

21.20.080 Nuisance standards.

a. The nuisance standards of HCC 21.59.010(a) through (f) apply to all development, uses, and structures in this zoning district.

b. Storage of Items for Sale. Products for sale may be displayed outdoors in unscreened areas only during the open hours of the business. This does not apply to outdoor storage of items for sale when outdoor storage or sale is permitted in the zoning district, nor does it apply to items normally kept outdoors, such as motor vehicles.

c. Commercial vehicles, trailers, shipping containers and other similar equipment used for transporting merchandise shall remain on the premises only as long as required for loading and unloading operations, and shall not be maintained on the premises for storage purposes unless screened from public view. [Ord. 08-29, 2008].

21.20.090 Lighting standards.

a. The level one lighting standards of HCC 21.59.030 apply to all developments, structures and uses in this district.

b. All lighting shall comply with the building lighting and outdoor lighting sections of the Community Design Manual. [Ord. 08-29, 2008].

21.20.100 Traffic requirements.

A conditional use permit is required for every use that:

a. Is estimated to generate more than 100 vehicle trips during any hour of the day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, 9th Edition;

b. Is estimated to generate more than 500 vehicle trips per day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, 9th Edition;

c. Is estimated to generate an increase in the traffic to more than 100 vehicle trips during any hour of the day due to a change in land use or intensity of use; or

d. Is expected to generate traffic that will detract from the safety of, or degrade by one level of service, the highway, road, street, alley or intersection. [Ord. 13-27 § 4, 2013; Ord. 08-29, 2008].