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Ordinance 13-42(A) Amending the Definition of Discontinued in HCC 21.61.015 to Extend the Time to Discontinue a Nonconforming Use to 24 Months
Summary
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.
Ordinance/Resolution ID:
13-42(A)
Ordinance/Resolution Status:
Adopted
Introduction Date:
10/28/2013
Effective Date:
12/10/2013
File Attachments:
Public Hearing Date:
11/25/2013
Postponed Until:
12/09/2013
Second Reading Date:
11/25/2013
Related Meetings
Details
CITY OF HOMER
HOMER, ALASKA
Zak
ORDINANCE 13-42(A)
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
ATTEST:
___________________________
JO JOHNSON, MMC, CITY CLERK
YES:
NO:
ABSTAIN:
ABSENT:
First Reading:
Public Hearing:
Second Reading:
Effective Date:
Reviewed and approved as to form.
Walt Wrede, City Manager Thomas F. Klinkner, City Attorney
Date: Date:
Fiscal Note: N/A
