An Ordinance of the City Council of Homer, Alaska, Amending the Definition of “Discontinued” in Homer City Code 21.61.015, Definitions, to Extend the Time Required to Discontinue a Nonconforming Use from 12 Months to 24 Months. Zak.
CITY OF HOMER
AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING THE DEFINITION OF “DISCONTINUED” IN HOMER CITY CODE 21.61.015, DEFINITIONS, TO EXTEND THE TIME REQUIRED TO DISCONTINUE A NONCONFORMING USE FROM 12 MONTHS TO 24 MONTHS.
WHEREAS, The City’s zoning code permits the continuation of a lawful nonconforming use subject to limitations; and
WHEREAS, One such limitation is that the right to maintain a nonconforming use terminates when the use ceases and has not substantially resumed for a period of 12 consecutive months; and
WHEREAS, Due to factors outside the control of the former or successor operator of a nonconforming use, the time required for a successor operator to resume the operation of the use may exceed 12 months, resulting in an unfair forfeiture of the right to maintain the use; and
WHEREAS, A 24-month limit on the time a nonconforming use may cease will provide a more reasonable time for a successor operator to accomplish the steps necessary to resume operation of the use.
NOW, THEREFORE, THE CITY OF HOMER ORDAINS:
Section 1. The definition of “Discontinued” in HCC 21.61.015, Definitions, is hereby amended to read as follows:
"Discontinued" means that a nonconforming use has ceased, and has not substantially resumed, for a period of 24 consecutive months, regardless of intent.
Section 2. This Ordinance is of a permanent and general character and shall be included in the City Code.
ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this 9th day of December, 2013.
CITY OF HOMER
MARY E. WYTHE, MAYOR
JO JOHNSON, MMC, CITY CLERK
Reviewed and approved as to form.
Walt Wrede, City Manager Thomas F. Klinkner, City Attorney
Fiscal Note: N/A