CITY OF HOMER

HOMER, ALASKA

City Manager/City Planner

ORDINANCE 09-10(A)

AN ORDINANCE OF THE HOMER CITY COUNCIL, AMENDING HOMER CITY CODE SECTIONS 21.61.050 AND 21.61.060 TO AUTHORIZE THE CITY PLANNER TO DETERMINE THE NONCONFORMING STATUS OF CERTAIN USES AND STRUCTURES.

WHEREAS, Structures and uses deemed nonconforming by annexation or extension of City zoning authority need to be formally accepted and should not be subject to an overly onerous process; and

WHEREAS, Numerous routine nonconformities can be reviewed and approved by planning staff; and

WHEREAS, Review and approval of nonconformities by the Planning Office will result in the saving of time and money for citizens of Homer; and

WHEREAS, A simple staff procedure for approval of nonconformities might make property owners more likely to comply; and

WHEREAS, The City of Homer Advisory Planning Commission has voted unanimously in favor of this proposed amendment.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. Homer City Code 21.61.050, Proof of nonconforming use or structure, is hereby amended to read as follows:

21.61.050 Proof of nonconforming use or structure. a. It is the responsibility of the owner to produce evidence proving the existence and continuous use of every lawful nonconforming use and structure.

b. Proof of the following nonconforming uses and structures shall be submitted to the City Planner:

1. Uses and structures that existed lawfully before annexation to the city on or after March 20, 2002, and that are nonconforming as a result of the annexation;

2. Structures that existed lawfully before inclusion within the Bridge Creek Watershed Protection District and that are nonconforming as a result of the inclusion;

3. Structures that existed lawfully on or before September 27, 1982; and

4. Structures that existed lawfully before an amendment to this title or an amendment to the zoning map, and that are nonconforming as a result of the amendment.

c. Proof of all other nonconforming uses and structures shall be submitted to the City Planner for presentation to the Planning Commission at a public hearing.

d. Upon presentation of such proof, the reviewing authority shall determine whether the use or structure is a nonconforming use or structure under HCC § 21.61.010. For each use or structure that the reviewing authority finds to be a nonconforming use or structure under HCC § 21.61.010, the reviewing authority shall adopt a written decision that includes a complete description of the nonconforming use or structure.

e. No zoning permit may be issued under HCC Chapter 21.70 for any activity on a lot prior to a determination under this section approving of all nonconforming uses and structures existing on the lot.

Section 2. HCC 21.61.060, Termination of nonconforming use or structure, is hereby amended to read as follows:

21.61.060 Termination of nonconforming use or structure. The right to continue a nonconforming use or structure previously approved under this chapter is subject to termination by the Commission if it finds, after providing the property owner notice and an opportunity to be heard at a public hearing, that

a. in the case of a nonconforming structure, it has subsequently been abandoned or brought into conformity with the Homer Zoning Code, or

b. in the case of a nonconforming use, the use has subsequently been abandoned, changed, discontinued, or ceases to be the primary use of a lot.

Section 3. 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 ________ day of ______________ 2009.

CITY OF HOMER

_____________________________

JAMES C. HORNADAY, MAYOR

ATTEST:

______________________________

JO JOHNSON, CMC, CITY CLERK

YES:

NO:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date:

Reviewed and approved as to form:

________________________ ____________________________

Walt E. Wrede, City Manager Thomas F. Klinkner, City Attorney

Date: ___________________ Date: _______________________