Local Option Zoning has been an option for residents of the Kenai Peninsula Borough since the code went on the books in the 1980s, but now will operate a little differently — and, the assembly hopes, more effectively.
Through LOZs, groups of landowners can preemptively prohibit certain activities in their neighborhood — such as gravel pits, farming or ranching operations, marijuana businesses or apartment complexes. The concept attempts to walk a line between the rights of property owners to do what they want on their land, and the rights of neighboring property owners to enjoy their land without disturbance.
The code was rewritten in 2000 but conflicts and confusion continued to crop up, so the assembly and administration undertook another update. After months of debate, the revisions were passed unanimously at the assembly’s May 3 meeting.
One provision that received a lot of debate was the idea of a buffer zone. That idea didn’t make it to the final version. As Assembly Member Knopp explains:
Knopp: “By putting any type of buffer, you’re imposing the same restrictions in the buffer area as you are in the LOZ. So you’re still just forcing more and more people into an LOZ who don’t want to be there.”
The requirements for establishing an LOZ did see some changes. Now, a minimum of 12 lots can be considered for an LOZ, and six of landowners must be in favor in order to file an application with the borough Planning Department. Patricia Patterson, of Kenai, testified that that seems too easy.
Patterson: “This is going to cost us money. So we’re going to get up and make all these committees and get together and go out and have meetings, for six people in a large area? Seems like a real waste of money.”
Though it takes six landowners to submit an application to begin the LOZ process, it takes the support of 60 percent of the landowners for a proposed LOZ to make it to the assembly for a vote.
Throughout the several hearings in the revision process, the assembly has heard testimony that any LOZs are an unconscionable violation of the rights of property owners. Here’s Brian Olson, who lives on West Poppy Lane:
Olson: “If you don’t want to live out in the country, go live in the city. If you want to live out in the country and you don’t like the fact that you may have somebody come in your neighborhood, then go ahead and get your own covenants, conditions and restrictions. But the borough should not be the policeman pitting neighbor against neighbor.”
Borough Mayor Mike Navarre gave some context behind the revision effort. The borough, with its second-class powers, doesn’t enact zoning like home-rule and first-class cities do. And, by state law, zoning can’t be put to a popular vote, so the LOZ code is an attempt to have some way to address conflicts between land users.
Navarre: “To give residents of the borough an opportunity for some self-determination about the neighborhoods that they live it. And it allows people — everyone — an opportunity to weigh in on that decision, through a very public and detailed process.”
With that long-debated revision of code now in the books, the assembly is moving on to another one — revision of sales and property tax codes. Over the next several months, the assembly will consider a list of changes meant to increase tax revenue.