Division V. Permits, Plans and Reviews
Chapter 21.70
ZONING PERMIT
Sections:
21.70.010 Zoning permit required.
21.70.030 Permit issuance and denial.
21.70.050 Permit – Public display.
21.70.070 Other permits under zoning code.
21.70.080 Revocation of permit.
21.70.090 Occupancy without a permit prohibited.
21.70.010 Zoning permit required.
a. Except as provided in subsection (c) of this section, a zoning permit shall be obtained from the City Planner for the following:
1. Erection, construction or moving of any building or structure.
2. Site development activities that trigger other review or approval requirements under the Homer Zoning Code, such as, but not limited to, the requirement of a site plan, development activity plan or stormwater protection plan.
3. An increase in the height, or an exterior dimension of any floor, of an existing building, or an increase in the height, or the footprint area, of an existing structure.
4. A change or expansion of the use of a lot.
b. The zoning permit required by this section shall be obtained prior to the commencement of any activity for which the permit is required. Failure to do so is a violation.
c. The following are exempt from the requirement to obtain a zoning permit, but not from compliance with applicable requirements of the Homer Zoning Code, such as, but not limited to, the development activity plan or stormwater protection plan:
1. Any change to an existing building that does not increase the height, or exterior dimension of any floor, of the building, and any change to an existing structure that does not increase the height, or footprint area, of the structure.
2. Erection or construction of a one-story detached accessory building used as a tool and storage shed, playhouse, or other accessory use, provided the building area does not exceed 200 square feet; and further provided, that there is already a main building on the same lot.
3. Erection or construction of a communications tower with a height not exceeding 35 feet, or an amateur radio tower.
4. Fences or walls used as fences, unless otherwise regulated by the Homer City Code.
5. Removal of any building or structure.
6. Termination of any type of use. [Ord. 14-18(A)(S-2) § 6, 2016; Ord. 14-56(A) § 1, 2015; Ord. 08-29, 2008].
21.70.020 Application.
a. Only the owner or lessee of the lot or a person authorized in writing by the owner or lessee may apply for a zoning permit. The City Planner may require the applicant to submit proof of authority to apply for a zoning permit.
b. All applications for zoning permits shall be on forms furnished by the City. The application shall require the following information:
1. The name, residence address, and mailing address of the applicant, the owner of the lot, and any lessee of the lot.
2. The legal description and street address of the lot.
3. A narrative description of the intended use of the lot, building, or structure.
4. The zoning code use classification under which the permit is sought.
5. If construction or a new or changed use under a zoning permit will change the quantity or location of required off-street parking, a survey, plat, or plan, drawn to a scale of not less than one inch equals 20 feet showing the actual dimensions of the lot, the exact location of the buildings and structures erected or to be erected thereon, adjacent street rights-of-way, utility easements and facilities, building setbacks, drainage, parking lot ingress and egress points, driveways, parking lot aisles, and the number and location of off-street parking spaces and loading spaces. Where off-site parking will be provided to meet a requirement for off-street parking, a similar survey, plat or plan also shall be provided for the off-site parking, accompanied by the document required by HCC 21.55.060(d). A site plan prepared according to Chapter 21.73 HCC may be substituted for the survey, plat, or plan required by this subsection.
6. For new buildings or structures, or for changes to the exterior dimensions of existing buildings or structures, the survey, plat, or plan required by subsection (b)(5) of this section also plan and elevation drawings of the buildings and structures erected or to be erected thereon. A site plan prepared according to Chapter 21.73 HCC may be substituted for the survey, plat, or plan required by this subsection.
7. Copies of any building permits or other permits required by applicable Federal, State or local law or regulations.
8. Copies of approved plans or other submittals that may be required by code, such as, but not limited to, traffic impact analysis, development activity plan, and stormwater plan.
9. Such additional information as the City Planner shall require to enable the City Planner to determine whether the application satisfies the requirements for issuance of a permit.
10. The applicant’s signed certification that all the information contained in the application is true and correct. [Ord. 09-12(A) § 4, 2009; Ord. 08-29, 2008].
21.70.030 Permit issuance and denial.
a. The City Planner will review the application to determine whether the proposed building or structure, and intended use, comply with the zoning code and other applicable provisions of the City Code, and to determine whether all permits and approvals required by applicable Federal, State, or local law or regulation have been obtained. The City Planner may also refer the application to other City officials for review, comment or approval for compliance with applicable City Code. If the application meets all of the requirements, the City Planner will issue a written zoning permit.
b. The City Planner will deny a zoning permit if the application is incomplete or the City Planner determines that the application does not meet all the requirements for issuance of a zoning permit. A denial must be in writing and state the reasons for denial. It shall be promptly given to the applicant. If an application is denied because of incompleteness, the applicant may resubmit the application at any time, supplying the missing information.
c. In granting a zoning permit, no City official or employee has authority to grant a waiver, variance, or deviation from the requirements of the zoning code and other applicable laws and regulations, unless such authority is expressly contained therein. Any zoning permit that attempts to do so may be revoked by the City Manager as void. The applicant, owner, lessee, and occupant of the lot bear continuing responsibility for compliance with the zoning code and all other applicable laws and regulations.
d. If the City grants a zoning permit when the applicant has not obtained all necessary permits or approvals from the Federal, State, or other local governments or agencies, or has otherwise failed to satisfy all the requirements for a permit, neither the City, the City Planner, or any other City officer or employee shall be liable to any person for any consequences thereof. The applicant, owner, lessee, and occupant of the lot are solely responsible to ensure that all required permits and approvals have been obtained, and the issuance of a zoning permit by the City does not does not excuse any such requirement nor does it constitute a warranty or representation that all required permits and approvals have been obtained from the Federal, State, or other local governments or agencies. [Ord. 08-29, 2008].
21.70.040 Permit terms.
a. A zoning permit shall include a deadline that allows the applicant a reasonable amount of time in which to complete the work authorized by the permit. If the work is not completed within the time allowed, the City Planner may grant one reasonable extension for good cause shown. No additional extension will be granted, except upon the approval of the Commission for good cause shown.
b. A zoning permit for a building or structure shall require the applicant to submit to the City Planner an as-built survey, completed by a licensed surveyor, of the location, foundation, dimensions, and proximity to all lot lines of all buildings and structures covered by the permit, promptly after completion of the work. [Ord. 20-03 § 1, 2020; Ord. 08-29, 2008].
21.70.050 Permit – Public display.
a. All permits issued under this chapter, including amendments and extensions, shall be displayed for public inspection in a prominent place, readily viewable from the nearest street, at the site for which the permit was obtained. The permit shall be on display prior to commencement of any work at the site and remain on display until all work is completed.
b. The display of the permit constitutes the property owner’s implied consent to the public to enter upon the property as reasonably necessary to inspect the permit at the point of display, and no person shall impede the access of the public to that point for the purpose of inspecting the permit. [Ord. 08-29, 2008].
21.70.060 Permit – Fee.
The applicant for a zoning permit shall pay a fee according to the fee schedule established by resolution of the City Council. No application shall be processed until the fee is paid. [Ord. 08-29, 2008].
21.70.070 Other permits under zoning code.
Nothing in this chapter shall relieve the applicant of the obligation to obtain a conditional use permit, sign permit, variance, or other permit or approval required by other provisions of the zoning code. The zoning permit required by this chapter shall be in addition to any other applicable permit or approval requirements. If any such additional permits or approvals are required, they must be obtained prior to the issuance of the zoning permit under this chapter. [Ord. 08-29, 2008].
21.70.080 Revocation of permit.
a. The City Planner may revoke a permit for cause, including but not limited to any of the following:
1. The application for the permit contained any error, misstatement or misrepresentation of material fact, either with or without intention on the part of the applicant, such as might or would have caused a denial of the permit or the inclusion of additional conditions or requirements.
2. Any material change in the location, size, or shape of the building or structure made subsequent to the issuance of a permit, except pursuant to written amendment of the zoning permit approved by the City Planner.
3. Any material change in the use or intended use of the building, structure, or land made subsequent to the issuance of a permit, except pursuant to written amendment of the zoning permit approved by the City Planner.
4. The failure to comply with the terms of the zoning permit or the failure to complete the work authorized by the zoning permit within the time allowed in the permit, including any extensions that may be granted.
b. Prior to revoking a permit, the City Planner shall give the applicant, property owner, or lessee affected by the revocation notice of the grounds for revocation and a meaningful opportunity to be heard concerning those grounds. If after such hearing the City Planner determines the permit shall be revoked, the City Planner shall prepare and promptly deliver to the interested parties a written decision stating the grounds for revocation and citing the evidence in support thereof. The City Planner’s written decision may be appealed. [Ord. 08-29, 2008].
21.70.090 Occupancy without a permit prohibited.
No person shall use or occupy a building or structure that has been erected, constructed, enlarged, altered, repaired, moved, improved, or converted after January 1, 2000, without a properly issued and unrevoked zoning permit required by this chapter. [Ord. 08-29, 2008].