H-3739.1 _______________________________________________
HOUSE BILL 2521
_______________________________________________
State of Washington 54th Legislature 1996 Regular Session
By Representatives D. Schmidt, Ballasiotes, Thompson, Radcliff, Sherstad, Koster and Elliot
Read first time 01/12/96. Referred to Committee on Corrections.
AN ACT Relating to work release facilities; adding a new section to chapter 72.65 RCW; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; and adding a new section to chapter 36.70 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 72.65 RCW to read as follows:
(1) Work release facilities may not be located in any primarily residential area. This subsection applies prospectively only and does not apply to any work release facility already in operation on the effective date of this act.
(2) Work release facilities that are already operating in primarily residential areas on the effective date of this act may not increase the number of work release inmates they handle beyond their capacity existing on the effective date of this act.
NEW SECTION. Sec. 2. A new section is added to chapter 35.63 RCW to read as follows:
No city may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the location of work release facilities within its boundaries.
A city may require that the facility: (1) Comply with all building, fire, safety, health code, and business licensing requirements; (2) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; and (3) include signage, if any, that conforms to applicable regulations.
Nothing in this section may be construed to prohibit a city from imposing zoning conditions on the establishment and maintenance of a work release facility in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded.
NEW SECTION. Sec. 3. A new section is added to chapter 35A.63 RCW to read as follows:
No code city may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the location of work release facilities within its boundaries.
A code city may require that the facility: (1) Comply with all building, fire, safety, health code, and business licensing requirements; (2) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; and (3) include signage, if any, that conforms to applicable regulations.
Nothing in this section may be construed to prohibit a code city from imposing zoning conditions on the establishment and maintenance of a work release facility in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded.
NEW SECTION. Sec. 4. A new section is added to chapter 36.70 RCW to read as follows:
No county may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the location of work release facilities within its boundaries.
A county may require that the facility: (1) Comply with all building, fire, safety, health code, and business licensing requirements; (2) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; and (3) include signage, if any, that conforms to applicable regulations.
Nothing in this section may be construed to prohibit a county from imposing zoning conditions on the establishment and maintenance of a work release facility in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded.
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