SB 200: "An Act relating to and permitting certain uses and occupancies of real property that do not comply with changes made to municipal land use ordinances."
00 SENATE BILL NO. 200 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 (62) 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08 and (c) of this section, if an ordinance governing the use and occupancy of real 09 property is adopted, amended, or repealed and the property was being used for a 10 purpose previously permitted but that the change in ordinance prohibits, that use must 11 be allowed to continue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under common 12 law. 13 (b) If an ordinance governing the use and occupancy of real property is 14 adopted, amended, or repealed and the property was being used for a home business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property is located. 09 (c) If an ordinance governing the use and occupancy of real property is 10 adopted, amended, or repealed, property owned by a resident who is at least 65 years 11 of age, is a disabled veteran, or is a disabled person may not be required to conform to 12 the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 until expiration of a 10-year period beginning on the effective 13 date of the ordinance or until ownership of the property is transferred, whichever 14 occurs first. In this subsection, 15 (1) "disabled person" means a person who has a physical or mental 16 disability or a physical or mental impairment, as defined in AS 18.80.300; 17 (2) "disabled veteran" has the meaning given in AS 29.45.030(i). 18 (d) This section applies to home rule and general law municipalities.