00                            SENATE BILL NO. 228                                                                         
01 "An Act relating to and permitting certain uses and occupancies of real property that do                                
02 not comply with changes made to municipal land use ordinances."                                                         
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 29.10.200 is amended by adding a new paragraph to read:                                            
05                 (64)  AS 29.40.045 (regulation of the use of real property).                                            
06    * Sec. 2. AS 29.40 is amended by adding a new section to read:                                                     
07            Sec. 29.40.045. Certain uses of real property permitted. (a) If an ordinance                               
08       governing the use and occupancy of real property is adopted, amended, or repealed                                 
09       and the property was being used for a purpose previously permitted but that the                                   
10       change in ordinance prohibits, that use must be allowed to continue until the                                     
11       municipality determines that the use has a negative effect on neighbors, the                                      
12       neighborhood, or the area in which the property is located. In determining whether the                            
13       use has a negative effect, consideration must be given to all significant factors, which                          
14       may include, among others,                                                                                        

01                 (1)  visual, auditory, or olfactory effects of the use;                                                 
02                 (2)  whether the property being put to the use is adequately screened by                                
03       fencing, vegetation, or natural topography;                                                                       
04                 (3)  whether the use causes traffic or parking problems.                                                
05            (b)  If an ordinance governing the use and occupancy of real property is                                     
06       adopted, amended, or repealed and the property was being used for a home business                                 
07       previously permitted but that the change in ordinance prohibits, the property must be                             
08       allowed to continue to be used for the home business until ownership of the property is                           
09       transferred. The owner of the real property may apply to the municipality to change or                            
10       expand the home business, and the proposed change or expansion shall be permitted                                 
11       unless, after considering all significant factors, including those described in (a) of this                       
12       section, the municipality determines that the proposed change or expansion would                                  
13       have a negative effect on neighbors, the neighborhood, or the area in which the                                   
14       property is located.                                                                                              
15            (c)  If an ordinance governing the use and occupancy of real property is                                     
16       adopted, amended, or repealed, property owned by a resident who is at least 65 years                              
17       of age, is a disabled veteran, or is a disabled person may not be required to conform to                          
18       the change in ordinance for 10 years from the effective date of the ordinance or until                            
19       ownership of the property is transferred, whichever occurs first. In this subsection,                             
20                 (1)  "disabled person" means a person who has a physical or mental                                      
21       disability or a physical or mental impairment, as defined in AS 18.80.300;                                        
22                 (2)  "disabled veteran" has the meaning given in AS 29.45.030(i).                                       
23            (d)  This section applies to home rule and general law municipalities.