6597‑S AMS HARG DB 01

SSB 6597 - S AMD - 134

    By Senators Hargrove, McCaslin and Owen

                        NOT ADOPTED 2/12/96 - ROLL CALL VOTE 21-28

    On page 2, beginning on line 14 strike everything through "harmed." on line 30 and insert the following:

    "(a) A reasonable use exception is intended for use by the permitting authority in those cases in which the application of development regulations unreasonably restricts the reasonable use of a parcel of land and the restriction cannot be remedied by other authorized techniques or conditions.

(b) A reasonable use exception for a specific use of a parcel shall be granted under the following circumstances:

(i) The inability to derive reasonable use is not the result of the applicant's action; and

(ii) The use sought will pose no threat to the public safety and health; and

(c) The relief granted by a reasonable use exception shall be the minimum necessary to permit the reasonable use of the parcel."

SSB 6597 - S AMD - 134

    By Senators Hargrove, McCaslin and Owen

                        NOT ADOPTED 2/12/96 - ROLL CALL VOTE 21-28

    On page 3, beginning on line 18 strike everything through "harmed." on line 34 and insert the following:

    "(a) A reasonable use exception is intended for use by the permitting authority in those cases in which the application of development regulations unreasonably restricts the reasonable use of a parcel of land and the restriction cannot be remedied by other authorized techniques or conditions.

(b) A reasonable use exception for a specific use of a parcel shall be granted under the following circumstances:

(i) The inability to derive reasonable use is not the result of the applicant's action; and

(ii) The use sought will pose no threat to the public safety and health; and

(c) The relief granted by a reasonable use exception shall be the minimum necessary to permit the reasonable use of the parcel."

SSB 6597 - S AMD - 134

    By Senators Hargrove, McCaslin and Owen

                        NOT ADOPTED 2/12/96 - ROLL CALL VOTE 21-28

    On page 4, beginning on line 15 strike everything through "harmed." on line 31 and insert the following:

    "(2) A reasonable use exception is intended for use by the permitting authority in those cases in which the application of development regulations unreasonably restricts the reasonable use of a parcel of land and the restriction cannot be remedied by other authorized techniques or conditions.

    (3) A reasonable use exception for a specific use of a parcel shall be granted under the following circumstances:

    (a) The inability to derive reasonable use is not the result of the applicant's action; and

    (b) The use sought will pose no threat to the public safety and health; and

    (4) The relief granted by a reasonable use exception shall be the minimum necessary to permit the reasonable use of the parcel."

SSB 6597 - S AMD

    By Senators Hargrove, McCaslin and Owen

                        NOT ADOPTED 2/12/96 - ROLL CALL VOTE 21-28

    On page 5, beginning on line 13 strike everything through "harmed." on line 29 and insert the following:

    "(2) A reasonable use exception is intended for use by the permitting authority in those cases in which the application of development regulations unreasonably restricts the reasonable use of a parcel of land and the restriction cannot be remedied by other authorized techniques or conditions.

    (3) A reasonable use exception for a specific use of a parcel shall be granted under the following circumstances:

    (a) The inability to derive reasonable use is not the result of the applicant's action; and

    (b) The use sought will pose no threat to the public safety and health; and

    (4) The relief granted by a reasonable use exception shall be the minimum necessary to permit the reasonable use of the parcel."

SSB 6597 - S AMD

    By Senators Hargrove, McCaslin and Owen

                        NOT ADOPTED 2/12/96 - ROLL CALL VOTE 21-28

    On page 6, beginning on line 11 strike everything through "harmed." on line 27 and insert the following:

    "(2) A reasonable use exception is intended for use by the permitting authority in those cases in which the application of development regulations unreasonably restricts the reasonable use of a parcel of land and the restriction cannot be remedied by other authorized techniques or conditions.

    (3) A reasonable use exception for a specific use of a parcel shall be granted under the following circumstances:

    (a) The inability to derive reasonable use is not the result of the applicant's action; and

    (b) The use sought will pose no threat to the public safety and health; and

    (4) The relief granted by a reasonable use exception shall be the minimum necessary to permit the reasonable use of the parcel."

SSB 6597 - S AMD - 134

    By Senators Hargrove, McCaslin and Owen

                        NOT ADOPTED 2/12/96 - ROLL CALL VOTE 21-28

    On page 7, beginning on line 9 strike everything through "harmed." on line 25 and insert the following:

    "(2) A reasonable use exception is intended for use by the permitting authority in those cases in which the application of development regulations unreasonably restricts the reasonable use of a parcel of land and the restriction cannot be remedied by other authorized techniques or conditions.

    (3) A reasonable use exception for a specific use of a parcel shall be granted under the following circumstances:

    (a) The inability to derive reasonable use is not the result of the applicant's action; and

    (b) The use sought will pose no threat to the public safety and health; and

    (4) The relief granted by a reasonable use exception shall be the minimum necessary to permit the reasonable use of the parcel."

                            --- END ---

EFFECT:  This series of amendments changes the conditions under which reasonable use exceptions to development regulations must be granted.  Reasonable use exception is required, not permissive, when development regulations unreasonably restrict the use of a parcel of land.