AN ACT
Relating to the imposition of moratorium or interim zoning by permit-granting
agencies; adding a new section to chapter 35.63 RCW; adding a new section to
chapter 35.22 RCW; adding a new section to chapter 35A.63 RCW; adding a new section
to chapter 36.70 RCW; adding a new section to chapter 36.32 RCW; adding a new
section to chapter 36.70A RCW; and adding a new section to chapter 70.05 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A new
section is added to chapter 35.63 RCW to read as follows:
A
council or board that adopts a moratorium or interim zoning control, without
holding a public hearing on the proposed moratorium or interim zoning control,
shall hold a public hearing on the adopted moratorium or interim zoning control
within at least sixty days of its adoption, whether or not the council or board
received a recommendation on the matter from the commission. If the council or
board does not adopt findings of fact justifying its action before this
hearing, then the council or board shall do so immediately after this public
hearing. A moratorium or interim zoning control adopted under this section may
be effective for not longer than six months, but may be effective for up to one
year if a work plan is developed for related studies providing for such a
longer period. A moratorium or interim zoning control may be renewed for one
or more six-month periods if a subsequent public hearing is held and findings
of fact are made prior to each renewal.
NEW
SECTION. Sec. 2. A new
section is added to chapter 35.22 RCW to read as follows:
A
first class city that plans under the authority of its charter is subject to
the provisions of section 1 of this act.
NEW
SECTION. Sec. 3. A new
section is added to chapter 35A.63 RCW to read as follows:
A
legislative body that adopts a moratorium or interim zoning ordinance, without
holding a public hearing on the proposed moratorium or interim zoning
ordinance, shall hold a public hearing on the adopted moratorium or interim
zoning ordinance within at least sixty days of its adoption, whether or not the
legislative body received a recommendation on the matter from the planning
agency. If the legislative body does not adopt findings of fact justifying its
action before this hearing, then the legislative body shall do so immediately
after this public hearing. A moratorium or interim zoning ordinance adopted
under this section may be effective for not longer than six months, but may be
effective for up to one year if a work plan is developed for related studies
providing for such a longer period. A moratorium of interim zoning ordinance
may be renewed for one or more six-month periods if a subsequent public hearing
is held and findings of fact are made prior to each renewal.
NEW
SECTION. Sec. 4. A new
section is added to chapter 36.70 RCW to read as follows:
A
board that adopts a moratorium, interim zoning map, interim zoning ordinance,
or interim official control without holding a public hearing on the proposed
moratorium, interim zoning map, interim zoning ordinance, or interim official
control, shall hold a public hearing on the adopted moratorium, interim zoning
map, interim zoning ordinance, or interim official control within at least
sixty days of its adoption, whether or not the board received a recommendation
on the matter from the commission or department. If the board does not adopt
findings of fact justifying its action before this hearing, then the board
shall do so immediately after this public hearing. A moratorium, interim
zoning map, interim zoning ordinance, or interim official control adopted under
this section may be effective for not longer than six months, but may be
effective for up to one year if a work plan is developed for related studies
providing for such a longer period. A moratorium, interim zoning map, interim
zoning ordinance, or interim official control may be renewed for one or more
six-month periods if a subsequent public hearing is held and findings of fact
are made prior to each renewal.
NEW
SECTION. Sec. 5. A new
section is added to chapter 36.32 RCW to read as follows:
A
charter county that plans under the authority of its charter is subject to the
provisions of section 4 of this act.
NEW
SECTION. Sec. 6. A new
section is added to chapter 36.70A RCW to read as follows:
A
county or city governing body that adopts a moratorium, interim zoning map,
interim zoning ordinance, or interim official control without holding a public
hearing on the proposed moratorium, interim zoning map, interim zoning
ordinance, or interim official control, shall hold a public hearing on the
adopted moratorium, interim zoning map, interim zoning ordinance, or interim
official control within at least sixty days of its adoption, whether or not the
governing body received a recommendation on the matter from the planning
commission or department. If the governing body does not adopt findings of
fact justifying its action before this hearing, then the governing body shall
do so immediately after this public hearing. A moratorium, interim zoning map,
interim zoning ordinance, or interim official control adopted under this
section may be effective for not longer than six months, but may be effective
for up to one year if a work plan is developed for related studies providing
for such a longer period. A moratorium, interim zoning map, interim zoning
ordinance, or interim official control may be renewed for one or more six-month
periods if a subsequent public hearing is held and findings of fact are made
prior to each renewal.
This
section does not apply to the designation of critical areas, agricultural
lands, forest lands, and mineral resource lands, under RCW 36.70A.170, and the
conservation of these lands and protection of these areas under RCW 36.70A.060,
prior to such actions being taken in a comprehensive plan adopted under RCW
36.70A.070 and implementing development regulations adopted under RCW
36.70A.120, if a public hearing is held on such proposed actions.
NEW
SECTION. Sec. 7. A new
section is added to chapter 70.05 RCW to read as follows:
A
local board of health that adopts a moratorium affecting water hookups, sewer
hookups, or septic systems without holding a public hearing on the proposed
moratorium, shall hold a public hearing on the adopted moratorium within at
least sixty days of its adoption. If the board does not adopt findings of fact
justifying its action before this hearing, then the board shall do so
immediately after this public hearing. A moratorium adopted under this section
may be effective for not longer than six months, but may be effective for up to
one year if a work plan is developed for related studies providing for such a
longer period. A moratorium may be renewed for one or more six-month periods
if a subsequent public hearing is held and findings of fact are made prior to
each renewal.
