HomeMy WebLinkAbout06212011 Planning & Zoning Work Session Packet 15.10.215 PLANNING AND LAND USE REGULATIONS
(p) Group use of lots. Where more than one tenant or use is included within any one
building or on any one lot, the parking requirements shall be the sum total of the parking
requirements for all of the various tenants or uses provided, however, that:
(1) The aggregation of tenants or uses shall meet all the requirements within the
definition of"shopping center" in order to become entitled to utilize the parking ratio
specified in section 15.10.215(b).
(2) Where a hotel or motel has other principal uses such as restaurants,bar and meeting
rooms located on its premises, the principal use requiring the greatest amount of
parking shall provide 100 percent of the required parking spaces and the other uses
shall provide, in addition, at least 70 percent of the parking spaces which would be
required if these were stand-alone uses.
(3) Where a convenience store includes a self-service gas station, the required parking
shall be determined by the parking ratio specified in section 15.10.215(b). No
additional parking spaces will be required for gasoline service station.
(Ord. 626,§3, 1989;Ord.93-06; Ord.94-17;Ord. 96-02; Ord.96-13;Ord.98-06;Ord.98-09, §2;
Ord. No. 99-13, § 1, 1999; Ord. 99-16, § 4, 1999; Ord. No. 2006-007, § 1, 9-7-2006)
15.10.220. Development requirements.
(a) Table 15.10.220,development requirements,is incorporated herein by reference and the
restrictions contained therein are mandatory unless otherwise modified by this chapter. (See
tables at the end of this title; see also section 15.10.210.)
(b) Building height. The purpose of building height standards is to prevent loss of life or
excessive property damage through the inability of the city fire department to reach upper
stories or roofs and to help maintain the character of neighborhoods.
(c) Setbacks--Yards.
(1) Setbacks are required to insure sufficient open area for snow accumulation, sunlight,
views, privacy, fire separation and visual relief between structures.
Supplement No. 06-1 15-30
PL,"IN1NG AND LAND USE REGULATIONS 15.10.225
(2) No yard or other open space provided about any building for the purpose of complying
with the provisions of this chapter shall be considered as providing a yard or open
space for any other building, and no yard or open space on one lot shall be considered
as providing a yard or open space on any other lot.
(3) No yard or lot shall be reduced in size or area below the minimum requirements set
forth herein. Yards or lots created after December 5, 1978 shall meet at least the
minimum requirements established by this chapter.
(4) In cases of corner lots with multiple frontages, the administrative official shall
designate the front yard, and all other frontages shall be designated as a side to a
street.
(5) All structures shall be designed and consta•ucted. to prevent roofs from shedding snow
onto adjacent lots, structures, fences, or other property.
(Ord. 99-10, § 3)
15.10.225. Land. uses allowed.
(a) Table 15.10.225, land uses allowed, is incorporated herein by reference and the
restrictions contained therein are mandatory unless otherwise modified by this chapter. (See
Tables at the end of this Title.)
(b) Lodging as defined in section 15.10.140(b)is allowed in accordance with table 15.10225
of this chapter and subject to the following conditions:
(1) Regardless of the date such use began, an annual administrative permit is required.
Prior to issuing the permit; the city shall conduct an annual life safety inspection of
each guest room to assure compliance,with the current Uniform Building Code
door/window egress standards, the presence of an operable and inspected fire extin-
guisher and adequate smoke detection systems, a posted evacuation plan, and visible
signs showing exit locations.
(2) Parking will be provided in accordance with section 15.10.215 of this chapter.
(3) No cooking or cooking facilities are permitted in individual guest bedrooms.
(4) Within single and two-family residential districts, lodging is limited to a home
occupation within an owner-occupied dwelling which is the owner's principal place of
residence and to the rental of not more than 50 percent of the bedrooms to a maximum
of five.
(5) In all other residential districts, lodging within single-family residences and duplexes
is limited to a home occupation within the business owner's principal place of residence
and to the rental of not more than 50 percent of the bedrooms to a maximum of five.
(6) Within conirnercial districts,lodging is limited to the rental of not more than five guest
bedrooms regardless of building or business ownership.
Errata 15-31
PLANNING AND LAND USE REGULATIONS
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Supplement No. 08-1 15-62
PLANNING AND LAND USE REGULATIONS
Table 15.10.220. Development Requirements—Notes
NOTE 1.Within the HC District,in the area bounded by Fourth Avenue,the boat launch ramp,
the harbor basin and J Float Ramp, building height is limited to 26 feet.
NOTE 2.
A. Buildable/useable area—Lot may have to be larger to have minimum buildable area
available.
B. In the R1, R2,R3, UR, OR and AC Districts, from the Seward Highway/Phoenix Road
intersection—South, 6,000 SF and north, 7,000 SF with 60 and 70 foot minimum
frontages respectively, for single-family residences.
C. A single RR lot may be divided into two lots of less than 20,000 SF each if the reduction
below 20,000 SF is to accommodate required widening of an adjacent right-of-way.
D. In the R1,R2,R3,UR,OR and AC Districts,individual originally platted lots of at least
3,000 SF in the Original Townsite,Federal Addition,Laubner Addition, Cliff Addition
and Bayview Addition may be developed for single-family residences provided all other
development requirements of this chapter are met.
E. Multi-family developments with three—four units require a minimum of 9,000 SF in
the R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District. All said
districts require an additional 1,200 SF per unit of five or more units.
NOTE 3. See Notes 2-1) and 2-E above.
NOTE 4. From Seward Highway/Phoenix Road intersection—South, a five-foot setback, each
side; north, a minimum five-foot setback each side as part of a combined 15-foot setback total
between both sides.
NOTE 5. In the HC District, parcels abutting mean high tide—No rear yard setback; parcels
abutting the waterfront boardwalk—Five feet; and parcels not abutting the waterfront
boardwalk or mean high water mark—Ten feet.
NOTE 6. Excludes setbacks in HC and 1.
NOTE 7. In the Industrial District, no minimum lot size, width or setbacks are required for
unmanned electronic sites.
NOTE 8. Tract D of USS 1864 Jesse Lee Home Subdivision shall not be used for any uses other
than those allowed in an R1 district, except for a long term care facility, aka skilled nursing
care facility.
(Ord. 2007-009, § 1, 2007)
Supplement No. 09-1 15-63
PLANNING AND LAND USE REGULATIONS 15.10.225
No yard or other open space provided about any building for the purpose of complying
'th the provisions of this chapter shall be considered as pro ' a yard or open
spat ,any other building, and no yard or open space o of shall be considered
as providing d or open space on any other to
(3) No yard or lot shall be re u size o ea below the minimum requirements set
forth herein. Yards or lots treat ecember 5, 1978 shall meet .at least the
minimum requirements es s ed by this chap
(4) In cases of corn s with multiple frontages, the admini ve official shall
designate th oht yard, and all other frontages shall be designated a ide to a
street.
(5) structures shall be designed and constructed to prevent roofs from shedding snow
onto adjacent lots, structures, fences, or other property.
Ord. 99-10, § 3)
15.10.225. Land uses allowed.
(a) Table 15.10.225, land uses allowed, is incorporated herein by reference and the
restrictions contained therein are mandatory unless otherwise modified by this chapter. (See
Tables at the end of this Title.)
(b) Lodging as defined in section 15.10.140(b)is allowed in accordance with table 15.10.225
of this chapter and subject to the following conditions:
(1) Regardless of the date such use began, an annual administrative permit is required.
Prior to issuing the permit, the city shall conduct an annual life safety inspection of
each guest room to assure compliance with the current Uniform Building Code
door/window egress standards, the presence of an operable and inspected fire extin-
guisher and adequate smoke detection systems, a posted evacuation plan, and visible
signs showing exit locations.
(2) Parking will be provided in accordance with section 15,10.215 of this chapter.
(3) No cooking or cooking facilities are permitted in individual guest bedrooms.
(4) Within single and two-family residential districts, lodging is limited to a home
occupation within an owner-occupied dwelling which is the owner's principal place of
residence and to the rental of not more than 50 percent of the bedrooms to a maximum
of five.
(5) In all other residential districts, lodging within single-family residences and duplexes
is limited to a home occupation within the business owner's principal place of residence
and to the rental of not more than 50 percent of the bedrooms to a maximum of five.
(6) Within commercial districts,lodging is limited to the rental of not more than five guest
bedrooms regardless of building or business ownership.
EiTata 15-31
15.10.225 PLANNING AND LAND USE REGULATIONS
(7) Multi-family dwellings used for lodging purposes are not required to be the business or
property owner's residence. The use shall be limited to not more than five apartment
units.
(8) The rental of individual rooms for lodging purposes is not extended to apartment unit
tenants.
(9) Regardless of business name, the use of more than five guest bedrooms or apartments
is considered a motel or hotel for building and other code interpretation purposes.
(c) Transient merchants as defined in section 15.10.140(b) of this chapter and which are
allowed in accordance with table 15.10.225 are subject to the following development require-
ments:
(1) For purposes of this chapter, such use shall be limited. to a period not exceeding 150
consecutive days in a calendar year.
(2) Transient merchants shall provide for the concealed storage of all inventory, supplies,
equipment and other materials brought to the site in connection with the business
conducted there.
(3) Transient merchants using vehicles and trailers in the operation of transient business
activities authorized by this chapter shall ensure that the area of operation meets the
required setbacks as provided by section 15.10.220. In no case shall the allowed area
of operation be less than five feet from any property line,permanent structure or other
transient merchant.
(4) Prior to operation,vehicles and trailers utilized for transient merchant purposes shall
have blocked tires and be fully skirted to match the temporary structure.
(5) Any additions,including but not limited to porches,platforms and decks,shall be sided
or painted to match the temporary structure prior to operation.
(6) Every transient merchant shall pro-,ride sufficient trash receptacles on-site and ensure
the proper disposal of all garbage collected on the site.
(7) The use of generators is prohibited.
(8) No transient merchant shall conduct business on property owned or operated by the
city except in accordance with chapter 8.10 of this Code.
(9) Transient merchants shall conform to all federal; state and local laws.
(d) Commercial electronic towers, satellite dishes and antennas are allowed in accordance
with Table 15.10.225 of this chapter subject to the site being fenced.
(e) Livestock as defined in section 15.10.140(b). Are allowed in accordance with Table
15.10.225 of this chapter subject to the following:
(1) Lot size may not be less than 20,000 square feet per large animal;
(2) Livestock fencing shall be no closer than five feet from a property line;
Errata 15-32
PLANNING AND LAND USE REGULATIONS 15.10.235
(3) A city approved drainage plan showing that runoff from the livestock corral or pen will
not adversely impact neighboring property or stream;
(4) A city approved manure storage and disposal plan. The.manure storage pile shall not
be closer than 25 feet from any property-line.
(Ord. 626, § 3, 1989; Ord. 633, §§ 3, 4, 1990; Ord. 639, 1991; Ord. 90-2; Ord. 91-1; Ord. 91-04;
Ord. 92-02; Ord. 94-11; Ord. 94-25; Ord. 95-07; Ord. 95-13;Ord, 95-17; Ord. 96-05; Ord. 97-13;
Ord. 98-09, § 4)
15.10.230. Special setbacks—CB and I districts.
(a) Central business district.Except where separated by a public right-of-way,where the CB
district abuts residential districts, a minimum setback equal to that required of the abutting
district shall be required.
(b) Industrial district. Where industrial. (I) districts abut residential districts, a minimum
setback of ten feet shall be required.
(Ord. 626, § 3, 1989; Ord. 93-08)
15.10.235. Townhouses.
(a) Generally. The standards set forth in this section shall complement the general
standards set forth in this chapter and shall not be construed as superseding any general
standard. In the event of conflict, the stricter standard shall control. Notwithstanding the
provisions of any other section of this chapter, townhouses shall be conditionally permitted in
accordance with the land uses allowed table 15.10.225 if the following requirements are met.
(b) Conditions. The proposed development meets all conditions specified in this chapter
under section 15.10.320, conditional use permit. All townhouse developments constructed
pursuant to a conditional use permit issued under the provisions of this chapter shall be
constructed in compliance with current state statutes.
(c) Plan. A detailed development plan is submitted with the application for a conditional
use to include a site plan,drawn to scale. Such site plan shall include,but shall not be limited
to, the topography and drainage of the proposed site, the location of all buildings and
structures on the site, courts and open space area, circulation patterns, ingress and egress
points, parking areas (including the total number of parking spaces provided), and a general
floor plan of the principal buildings, together with other such information as the commission
shall require. The number of contiguous units permitted shall be related to the topography,
aesthetics, access and public safety. The development plan and the conditional use application
may be rejected or modified if the development plan is not consistent with good design,efficient
use of the site, and community standards.
(d) Number of units. Not more than six contiguous townhouses shall be built in a row with
the same or approximately the same front line.
Supplement No. 08-1 15-32.1
15.10.235 PLANNING AND LAND USE REGULATIONS
(e) Separation requirement. No portion of a townhouse or accessory structure in or related
to a group of contiguous townhouses shall be closer than 15 feet to any portion of a townhouse
or accessory structure related to another group, or to any building outside the development
area.
(f) Minimum lot width. Minimum lot width for an individual townhouse is 12 feet. Larger
lot and townhouse units may be required to assure adequate living space.
(g) Lot coverage. The maximum lot coverage by all buildings shall be 40 percent. Carports
open on three sides shall not be considered buildings for calculating maximum lot coverage.
(h) Parking. Grouping of parking spaces is desirable; provided, that spaces intended for a
particular unit are no more than 100 feet from the unit. On minor streets, use of the
right-of-way may be permitted for maneuvering incidental to parking where this will facilitate
snow removal. On collector and arterial streets, maneuvering incidental to parking shall not
be permitted.
W Covered storage. Two hundred cubic feet of covered storage space shall be provided
exclusive of the living area of the unit.
0) Party walls. All party walls shall adhere to fire safety standards as established by the
city fire code.
(k) Homeowners association. The developer or subdivider of any townhouse development
shall give evidence that compliance with the Common Interest Ownership Act,AS 34.08, has
been made prior to the sale of any townhouse dwelling units.
(1) The developer or subdivider of any townhouse development shall deposit with the
appropriate homeowners association,formed in compliance with the Common Interest
Ownership Act cited in this section, a contingency fund in the sum of$3500.00 per
dwelling unit in the townhouse development fund.
(2) A copy of the declaration and bylaws of the homeowners association showing in what
manner the aforesaid contingency find shall be controlled shall be furnished to the city
for review and approval.
(1) Landscaping. All areas not devoted to buildings, drives, walks, parking areas or other
authorized installations shall be covered with one or more of the following:lawn grass,natural
or ornamental shrubbery or trees.
(m) Rights-of-way.All roadways,fire lanes, or areas for maneuvering incidental to parking
(not to include designated commonly-held open space or recreational areas) shall be a
minimum of 22 feet in width. Furthermore, no vehicular parking shall be allowed in the
aforementioned areas.
(Ord. 626, § 3, 1989; Ord. 94-56; Ord. 99-16, § 4, 1999; Ord. 2007-008, § 2, 2007)
Supplement No. 08-1 15-32.2
PLANNING AND LAND USE REGULATIONS 15.10.245
15.10.240. Home occupations.
A. Intent. It is the intent of this chapter to permit home occupations which are compatible
with other permitted uses and with the residential character of a neighborhood,and which are
clearly secondary or incidental to the residential use of the main building. In general, a home
occupation is an accessory use so located and conducted that the average neighbor, under
normal circumstances, would not be aware of its existence. So long as all the development
requirements of this section are met, home occupations are permitted accessory uses as
identified in the land uses allowed table 15.10.225.
B. Development requirements.
1. Not more than two persons shall be employed in the home occupation.
2. No more than 30 percent of the gross floor area of all buildings on the lot shall be used
for the home occupation.
3. The home occupation shall be carried on wholly within the principal building, or other
buildings which are accessory thereto.Any building used for a home occupation shall
be wholly enclosed.
(Ord. 626, § 3, 1989; Ord. 633, § 2, 1990; Ord. 94-56)
1.5.10.245 Wind Energy Conversion Systems.
Purpose. It is the purpose of this section to establish health and safety standards for
smal d energy conversion systems (WECS) as defined in this Code, and to encourage the
developme f small wind energy systems.
B. Definitions. urposes of this section,the Following definitions shall apply unless
context clearly indicates equires a different meaning:
Wind Ener Conversion S s (WECS). Any device or assemb , which directly
converts wind energy into usable ther mechanical, or electri "en , including such
devices as windmills and wind turbines, tow ` d support' ,fstructures and such directly
connected facilities as generators, alternators,inve b tteries,and associated equipment.
This system is designed as a secondary accessory e o sting principal uses and to existing
buildings or facilities,wherein the energy rated is use 'warily for consumption on the
same or adjoining parcel on which it i `'died.
Small Wind Energy Conver System.A Wind Energy Conversion m that has a rated
power capacity of not moan 100kW and is intended to produce energy prz ly for on-site
consumption, eith stead of or as a supplement to public utility power.
Total t freestanding WECS. The distance measured from the preexisting n ral
gr the highest point of any blade of the turbine.
Total height, roof-mounted WECS. The distance measured from the building height to the
highest point of any blade of the turbine.
Supplement No. 10-1 15-32.3
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Chapter 8.08 Itinerant or Transient Merchant's License I City of Homer Alaska Official W... Page 1 of 3
HOMER
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Agendas/Minutes City Code City DirMcry Ordinances Resolutions Memorandums Public Hearings
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>Chapter 8.08 Itinerant Or Transient Merchant's License >yy }
Chapter 8.o8Itinerant or Transient Merchant's License Title o8 Permits,Licenses
rrt)d Rv17u1ntinne
Sections: Chapter 8.04 Alcoholic
Beverage Licenses
Chapter 8.08 Itinerant or
8.08,010 Definitions. Transient Merchant's
8.08.020 Itinerant or transient merchant--License required--Exemptions. License
8.08.030 Itinerant or transient merchant license--Application. Chapter 8.11 Mobile Foad
8.08.040 Referral--Fees. Service
8.08.050 License--Revocation. Chapter 812 Public
Yransportation
8.06.06D License--Expiration.
8.08.07D License--Nontransferable.
8.08.080 Exhibition of license.
8.08.100 Use of streets and other public places. (i j)Comfrily Oty Areetings
8.08.110 Report of convictions for chapter violations.
8.08.120 Appeals from action of Director of Public Safety. Port and Harbor 6.dvisory
8.08.140 State laws applicable. Commission
8.08.145 Nonapplicability of chapter. wed,Jun 22nd 5:00pm
B.08.150 Violation--Penalty.
Kachemak Drive Path
Committee-PUBLIC OPEN
8.08.010 Definitions.For the purposes of this chapter the following shall mean: HOUSE
a."Temporary business"Is a business or enterprise that Is to be carried on for a period of less than Thu,Jun 23rd 5:30pm
sixty days per calendar year duration within the City.
b."Transient or itinerant merchant"means any person,firm or corporation,whether as owner, City Council-workseesicn
agent,consignee or employee,whether a resident of the municipality or not.,who engages in a Mon,Jun 27th 4:00pm
temporary business of selling and delivering goods,and/or services,wares and merchandise within
the City,and who,in furtherance of such purpose,peddles from door to door or hires,leases,uses - 'Vie'ro the furl meeting schadule
or occupies any building,structure,motor vehicle,tent,railroad car,boat,any room in a hotel,
lodging house,apartment,shop,or any street,alley,or other place within the municipality,for the
exhibition and sale of such goods,wares and merchandise,and/or the performance of services,
either privately or publicly.The person,firm or corporation so engaged shall not be relieved from (.'tq cle1'k;c 01TIce Events
complying with the provisions of this chapter merely by reason of associating temporarily with any
local dealer,trader,merchant or auctioneer,or by conducting such transient business In City Offices Closed for
connection with,as a part of,or in the name of any local dealer,trader,merchant or auctioneer, Independence Day
provided the temporary business is conducted in conformance with Chapter 21 of the Hamer City Mon,Jul 4th(All day)
Code as it pertains to the residential zones which prohibits selling from homes. City Offices Cosed for tabor
c."Isolated or casual sales"means the transfer of personal or real property from one Individual to Day
another on an occasional basis,for an agreed-upon fee.(Ord.89-9(A)§1,1989;Ord.86-21§1, Mon,Sep 5th(All day)
1986;Ord.84-36§1,§2,1984;Ord.83-2§1(part),1983).
City Offices Cloyed for Alaska
8.08.020 Itinerant or transient merchant--License required--Exemptions.It is unlawful for a Day
transient or Itinerant merchant,as defined in Section 8.08.010 to engage In business within the Tue,Oct 18th(All day)
City without first obtaining a license therefore in compliance with the provisions of this chapter. City 0€Uces Closed for
The licensing requirements of this chapter do not extend to Isolated or casual sales of personal Veterans Day
goods,wares,vehicle,animals,etc.,or to the sale of similar items at such functions as garage Fri,Nov IIth(All day)
sales,Flea markets,and bazaars nor to activities conducted at conferences that cater to a
specialized audience.A commercial fisherman,who has a valid commercial fishing license issued by Ciry Offices Closed for
the State of Alaska and who has completed and filed with Alaska Department of Fish and Game the t hank1giving Holiday
farms required to qualify as a"catcher-seller"shall be exempt from this chapter.(Ord.89.9(A)§I, Thu,Nov 24th(All day)
1989;Ord.83-2§i(part),1983).
View all City Clerk`s Office
events
8.08.030 Itinerant or transient merchant license--Application.Applicants for an itinerant or
transient merchant license,whether a person,firm,or corporation,shall file a written,sworn
application signed by the applicant,if an individual,by all partners,if a partnership,and by the
president,it a corporation,with the Homer Police Department,on a form to be furnished by the
Homer Police Department,which shall give the following Information:
a.Name and description of the applicant(applicant must produce valid identification with photo
affixed thereon);
httpa/www.cityofhomer-ak.gov/cityclerk/chapter-808-itinerant-or-transient-merchants-lice... 6/21/2011
Chapter 8.08 Itinerant or Transient Merchant's License I City of Homer Alaska Official W... Page 2 of 3
b.Address,both legal and local; Contuet InfOrmuf2Un
c.A brief description of the nature of the business and the goods to be sold and in the case of
products of farm or orchard,whether produced or grown by the applicant; Homer City Hall
d.If employed,the name and address of the employer,together with credentials establishing the 491 East Pioneer Ave
exact relationship; Homer AK 99603
e.The length of time for which the right to do business is desired;
f.If a vehicle is to be used,a description of the same,together with the license number or other phone:
means of identification; 907-235-3130
g.A photograph of the applicant,taken within sixty days immediately prior to the date of the filing Email:
of the application,showing the head and shoulders of the applicant in a clear and distinguishing clerkCd)citvefhomer-al
manner; Fax:
h.The fingerprints of the applicant and the names of at least two reliable property owners of the 907-235-3143
City,who will certify as to the applicant's good character and business responsibility,or,in Ireu of
the names and references,any other available evidence as to the good character and business Office Hours:
responsibility of the applicant as will enable an investigator to properly evaluate such character and Monday through Friday
business responsibility, Sam to 5pm
i.A statement as to whether or not the applicant has been convicted of any crime,misdemeanor or c�acK rraF roR n.'u
violation of any municipal ordinance,the nature of the offense and the punishment or penalty C°s'r",Nr°
assessed therefore;and a criminal history background check supplied by the State of Alaska within
the preceding thirty days;
J.A copy of the applicant's business license and his certificate of registration for collection of Kenai
Peninsula borough sales tax,and when applicable a health certificate,letter of approval or other
appropriate notification from state authorities for a food vending business;
k.At the time of filing the application,a fee of ten dollars shall be paid to cover the cost of
processing the application.
I,Waiver of objection to criminal history check.By the act of filing,applicant waives all claims he
may have arising under any act or principle of common law protecting Individual privacy,and
consents to an investigation from any source or sources as to criminal history.(Ord.01-20,§1,
2001;Ord 92-21(part),1992;Ord.89-9(A)§1(part),1989;Ord.86-21§2,1986;Ord.83-2§3
(part),1983).
8.08.040 Referral--Fees.a.Upon receipt of the application described in Section 8,08.030,the
original shall be referred to the Chief of Police or designee who shall cause an investigation of the
applicant's business responsibility and moral character to be made.The application shall be
approved or denied by the Chief of Police or designee within forty-eight hours of its receipt.
b.The Chief of Police shall find that an application's background is unsatisfactory if:
1.The applicant has been convicted of a felony within the three-year period immediately preceding
the date of his application;
2.The applicant has been convicted of a misdemeanor or violation or a municipal ordinance
involving a monetary consideration within the same three-year period;
3.The applicant does not have proper business license,certificate of registration for Collection of
sales tax or health certificate when applicable.
c.If,as a result of such investigation,the applicant's character of business responsibility is found
to be unsatisfactory,the Chief of Police shall endorse on such application his disapproval and his
reasons for the same and shall notify the applicant that his application Is disapproved and that no
permit and license will be issued.
d.If,as a result of such investigation,the character and business responsibility of the applicant are
found to be satisfactory,the Chief of Police or designee shall endorse on the application his
approval.The Homer Police Department shall,upon payment of the prescribed fee,deliver to the
applicant his license.Such license shall contain the signature and seal of the Chief of Police or
designee and shall show the name,address and photograph of the licensee,the class of license
issued and the kinds of goods to be sold thereunder,the amount of fee paid,the operative,as well
as the license number and other identifying description of any vehicle used In the business.The
Homer Police Department shall keep a permanent record of all licenses issued.
e.For each license Issued hereunder,the fee shall be$330.00 for a 60-day license.For each
assistant or sublicense associated with the principal license the fee shall be ten dollars each.(Ord.
10-51(A),2011;Ord.01-20,91,2001;Ord 92-21(part),1992;Ord.89-9(A)§1(part),1989;Ord.
86.21§3,1986;Ord.83-2§1(part),1983).
8.08.050 License--Revocation.Licenses Issued under the provisions of this chapter may be revoked
by the Chief of Police subject to appeal under Section 8.08.120 for any of the following causes:
a.Fraud,misrepresentation or false statement contained in the application for license;
b.Fraud,misrepresentation or false statement made in the course of carrying on his business as a
peddler;
c.Any violation of this chapter;
d.Conviction of any crime or misdemeanor involving moral turpitude;
e.Conducting business hereunder in an unlawful manner or in such a manner as to constitute a
breach of the peace or to constitute a menace to the health,safety or general welfare of the public.
(Ord.01-20,§1,2001;Ord 89-9(A)§1(part),1989;Ord.83-2§1(part),1983),
8.08.060 License--Expiration.All licenses issued under the provisions of this chapter shall expire
sixty days following date of issue.Land uses for which a temporary license is issued must cease
upon expiration of the permit,including the immediate removal of any temporary structure.(Ord
89-9(A)§1(part),1989;Ord.84-36 3,1984;Ord.83-2§1(part),1983).
8.08.070 License--Nontransferable.No license issued under the provision of this chapter shall be
used at any time by any person other than the one to whom it was issued.(Ord.83-2§1(part),
1983)
8.08.080 Exhibition of license.Persons licensed under this chapter shall display their licenses as
follows:
http://www.cityofhomer-ak.gov/cityclerk/chapter-808-itinerant-or-transient-merchants-lice... 6/21/2011
Chapter 8.08 Itinerant or Transient Merchant's License I City of Homer Alaska Official W... Page 3 of 3
a.All door to door vendors and person soliciting or conducting business other than at a fixed
business location shall physically wear their permit in plain view attached to their lapel,external
jacket,or shirt,at all times while engaged In any business-related public contact.
b.All-other persons shall openly display their license at the front counter(or primary area of public
contact)of their business.
c.All licensees shall produce their license for physical examination at the request of any citizen or
peace Officer authorized to enforce this chapter.(Ord.01-20,§1,2001;Ord.89-9(A)§1(part),
1989;Ord.88-4§l,1988.)
8.08.100 Use of streets and other public places.No licensee shall have exclusive right to any
location in the public streets,nor shall anyone be permitted to operate in any congested area,to
Include areas designated as public parking,campgrounds,parks or open spaces or where his
operation might Impede or Inconvenience public.For the purpose of this chapter,the judgement
peace officer,exercised in good faith,shall be deemed conclusive as to whether the area Is
congested or the public impeded or inconvenienced.(Ord 90.19(A)§1,19902;Ord.89-9(A)§1
(part),1989;Ord.84-12§1,1984;Ord.83-2§i(part),1983).
9.08.110 Report of convictions for chapter violations,The Homer Police Department shall maintain
a record of each license issued and record the reports of violations therein.(Ord.01-20,§1,2001;
Ord 92.21(part),1992,Ord.89-9(A)§i(part),1989;Ord.83-2§1(part),1983).
8.08.120 Appeals from action of Chief of Police.Any person aggrieved by the action of the Chief of
Police in the denial of an application for a permit or license as provided in Section 8.08.040,or in
the decisions with reference to the revocation of license as provided in Section 8.08.050,shall have
the right of appeal to the City Council.Such appeal shall be taken by filing with the City Council,
within fourteen days after the action of the Director of Public Safety,a written statement setting
Forth fully the grounds for appeal.The City Council shall set a time and place for a hearing on such
appeal,and notice of such hearing shall be mailed to the appellant postage prepaid at his last
known address at least rive days prior to the date set for the hearing.The decision and order of the
City Council on such appeal shall be final and conclusive.(Ord.01-20,§1,2001;Ord 89.9(A)§1
(part),1989;Ord.83-2§I(part),1983).
8.08.140 State laws applicable.Notwithstanding any provisions of this chapter,any peddler
operating under any license issued by the City pursuant to this chapter shall not be exempted from
any and all licenses,permits,laws,or ordinances as required by the State of Alaska and the Kenai
Peninsula Borough.(Ord.89-9(A)§i(part),1989;Ord.83-2§1(part),1983).
6.08.145 Nonapplicability of chapter.The provisions of this chapter shall not apply to a person who
solicits funds for any purpose or disseminates information in connection with an authorized activity
of a charitable,religious,political or civic organization of which that person Is a member,adherent
or representative provided that such activity is carried out in an orderly manner and in no way
disturbs the peace or creates a public or private nuisance.(Ord.$9-91§1(part),1989;Ord.83-
15§1,1983).
8.08.150 Violation--Penalty.The violation of any provision contained in this chapter shall be
punished under Section 1.16.010.(Ord.89-9(A)§11 1989,Ord.83-2§1(part),1983).
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