CITY OF HOMER

HOMER, ALASKA

City Manager

ORDINANCE 09-50

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE 21.61.030, NONCONFORMING STRUCTURES, REGARDING CRITERIA FOR REPLACING NONCONFORMING MOBILE HOMES.

THE CITY OF HOMER ORDAINS:

Section 1. Homer City Code 21.61.030 is amended to read as follows:

21.61.030 Nonconforming structures. A nonconforming structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

a. A nonconforming structure may be enlarged or altered, but only if it does not increase its nonconformity;

b. If a nonconforming structure is moved for any reason for any distance whatsoever it shall thereafter conform to the code provisions applicable in the zone in which it is located after it is moved;

c. If a nonconforming structure or nonconforming portion of a structure is damaged by any means to an extent of more than fifty percent of its replacement cost at time of the damage, it shall not be reconstructed except in conformity with the provisions of Homer City Code.

d. If at any time a nonconforming structure is abandoned or brought into conformity with this title, the structure shall thereafter conform to all the regulations of the in which it is located, and the nonconforming structure shall not be allowed to continue in use.

e. A mobile home that meets the following conditions shall be a nonconforming structure until the lot where the mobile home is located is transferred to a different owner:

1. The mobile home replaces a mobile home on the lot that was a nonconforming structure;

2. the mobile home is substantially the same size, and is located on the same foundation, as the mobile home that it replaces.

3. The mobile home is in significantly better condition that the mobile home that it replaces, and the replaced mobile home is in a condition of dilapidation or disrepair that limits its continued use as a dwelling;

4. Within 30 days after the placement of the mobile home on the lot, the mobile home that it replaces is removed from the lot and disposed of in a lawful manner.

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 ________ 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: _______________________