00                SPONSOR SUBSTITUTE FOR 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) Subject to (b)                                
08       and (c) of this section, if an ordinance governing the use and occupancy of real                                  
09       property is adopted, amended, or repealed and the property was being used for a                                   
10       purpose previously permitted but that the change in ordinance prohibits, that use must                            
11       be allowed to continue unless the use constitutes a nuisance recognized under common                              
12       law.                                                                                                              
13            (b)  If an ordinance governing the use and occupancy of real property is                                     
14       adopted, amended, or repealed and the property was being used for a home business                                 

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10       adopted, amended, or repealed, property owned by a resident who is at least 65 years                              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