S-0290.1 _______________________________________________
SENATE BILL 5070
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Senators Haugen and McCaslin
Read first time 01/14/97. Referred to Committee on Government Operations.
AN ACT Relating to development regulations for reasonable use exceptions; amending RCW 36.70B.080 and 36.70B.080; adding a new section to chapter 35.22 RCW; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; creating a new section; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 36.70B.080 and 1995 c 347 s 409 are each amended to read as follows:
(1) Development regulations adopted pursuant to RCW 36.70A.040 shall establish time periods consistent with RCW 36.70B.090 for local government actions on specific project permit applications and provide timely and predictable procedures to determine whether a completed project permit application meets the requirements of those development regulations. Such development regulations shall specify the contents of a completed project permit application necessary for the application of such time periods and procedures.
(2) Development regulations adopted under RCW 36.70A.040 for the protection of critical areas and agricultural, forest, and mineral resource lands shall provide for the use of a reasonable use exception in accordance with this subsection.
(a) A reasonable use exception is intended as a tool for use in the discretion of the permitting authority to address those cases in which the application of development regulations unreasonably restricts all economic 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 may be granted only under the following circumstances:
(i) The inability to derive reasonable economic use is not the result of the applicant's action;
(ii) The use sought will pose no threat to the public safety and health; and
(iii) There is no other reasonable use of the land that would have a lesser impact than the use for which the permit is sought.
(c) The relief granted by a reasonable use exception shall be the minimum necessary to permit the reasonable use of the parcel and to ensure that the interests promoted by the development regulations are not harmed.
Sec. 2. RCW 36.70B.080 and 1995 c 347 s 410 are each amended to read as follows:
(1) Development regulations adopted pursuant to RCW 36.70A.040 shall establish time periods for local government actions on specific project permit applications and provide timely and predictable procedures to determine whether a completed project permit application meets the requirements of those development regulations. Such development regulations shall specify the contents of a completed project permit application necessary for the application of such time periods and procedures.
(2) Development regulations adopted under RCW 36.70A.040 for the protection of critical areas and agricultural, forest, and mineral resource lands shall provide for the use of a reasonable use exception in accordance with this subsection.
(a) A reasonable use exception is intended as a tool for use in the discretion of the permitting authority to address those cases in which the application of development regulations unreasonably restricts all economic 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 may be granted only under the following circumstances:
(i) The inability to derive reasonable economic use is not the result of the applicant's action;
(ii) The use sought will pose no threat to the public safety and health; and
(iii) There is no other reasonable use of the land that would have a lesser impact than the use for which the permit is sought.
(c) The relief granted by a reasonable use exception shall be the minimum necessary to permit the reasonable use of the parcel and to ensure that the interests promoted by the development regulations are not harmed.
NEW SECTION. Sec. 3. A new section is added to chapter 35.22 RCW to read as follows:
(1) In jurisdictions planning under this chapter that have adopted regulations for the protection of critical areas under RCW 36.70A.060(2), those regulations shall provide for the use of a reasonable use exception in accordance with this section.
(2) A reasonable use exception is intended as a tool for use in the discretion of the permitting authority to address those cases in which the application of development regulations unreasonably restricts all economic 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 may be granted only under the following circumstances:
(a) The inability to derive reasonable economic use is not the result of the applicant's action;
(b) The use sought will pose no threat to the public safety and health; and
(c) There is no other reasonable use of the land that would have a lesser impact than the use for which the permit is sought.
(4) The relief granted by a reasonable use exception shall be the minimum necessary to permit the reasonable use of the parcel and to ensure that the interests promoted by the development regulations are not harmed.
NEW SECTION. Sec. 4. A new section is added to chapter 35.63 RCW to read as follows:
(1) In jurisdictions planning under this chapter that have adopted regulations for the protection of critical areas under RCW 36.70A.060(2), those regulations shall provide for the use of a reasonable use exception in accordance with this section.
(2) A reasonable use exception is intended as a tool for use in the discretion of the permitting authority to address those cases in which the application of development regulations unreasonably restricts all economic 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 may be granted only under the following circumstances:
(a) The inability to derive reasonable economic use is not the result of the applicant's action;
(b) The use sought will pose no threat to the public safety and health; and
(c) There is no other reasonable use of the land that would have a lesser impact than the use for which the permit is sought.
(4) The relief granted by a reasonable use exception shall be the minimum necessary to permit the reasonable use of the parcel and to ensure that the interests promoted by the development regulations are not harmed.
NEW SECTION. Sec. 5. A new section is added to chapter 35A.63 RCW to read as follows:
(1) In jurisdictions planning under this chapter that have adopted regulations for the protection of critical areas under RCW 36.70A.060(2), those regulations shall provide for the use of a reasonable use exception in accordance with this section.
(2) A reasonable use exception is intended as a tool for use in the discretion of the permitting authority to address those cases in which the application of development regulations unreasonably restricts all economic 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 may be granted only under the following circumstances:
(a) The inability to derive reasonable economic use is not the result of the applicant's action;
(b) The use sought will pose no threat to the public safety and health; and
(c) There is no other reasonable use of the land that would have a lesser impact than the use for which the permit is sought.
(4) The relief granted by a reasonable use exception shall be the minimum necessary to permit the reasonable use of the parcel and to ensure that the interests promoted by the development regulations are not harmed.
NEW SECTION. Sec. 6. A new section is added to chapter 36.70 RCW to read as follows:
(1) In jurisdictions planning under this chapter that have adopted regulations for the protection of critical areas under RCW 36.70A.060(2), those regulations shall provide for the use of a reasonable use exception in accordance with this section.
(2) A reasonable use exception is intended as a tool for use in the discretion of the permitting authority to address those cases in which the application of development regulations unreasonably restricts all economic 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 may be granted only under the following circumstances:
(a) The inability to derive reasonable economic use is not the result of the applicant's action;
(b) The use sought will pose no threat to the public safety and health; and
(c) There is no other reasonable use of the land that would have a lesser impact than the use for which the permit is sought.
(4) The relief granted by a reasonable use exception shall be the minimum necessary to permit the reasonable use of the parcel and to ensure that the interests promoted by the development regulations are not harmed.
NEW SECTION. Sec. 7. Development regulations providing for a reasonable use exception under this act shall be adopted by the appropriate county or city no later than January 1, 1998.
NEW SECTION. Sec. 8. Section 1 of this act expires July 1, 1998.
NEW SECTION. Sec. 9. Section 2 of this act takes effect July 1, 1998.
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