Sen. Fred Dyson's, R-Eagle River, bill preventing local governments from imposing restrictions on existing use of a property was reported out of the Senate Community and Regional Affairs Committee, March 18. Senate Bill 228 is awaiting a hearing in the Senate State Affairs Committee. No House version was introduced.

The bill says an existing property use could not be restricted by the adoption, amendment or repeal of any local ordinance unless the use constitutes a nuisance “recognized under common law.”

Municipalities would be required to approve the expansion or change of a previously permitted home businesses unless they determined the new activity would have a negative effect on the neighbors, neighborhood or area in which the property is located.

In another change, a municipal ordinance governing the use and occupancy of a property owned by a resident who is at least 65 years old, or is disabled, could not be required to conform to the new law for 10 years from its effective date unless ownership of the property was transferred.

Sen. Gary Stevens, R-Kodiak, spoke against the bill, noting his previous experience as a member of the Kodiak Island Borough. He said SB 228 would be “be making it more difficult for a borough to do its job.”

Stevens spoke against advancing the bill without comment from local governments or the Alaska Municipal League, but did not object to a motion from Sen. Tom Wagoner, R-Kenai, to advance the measure.