AN
ACT Relating to reconciling conflicting provisions in laws pertaining to cities
and towns; and amending RCW 35A.63.110 and 35A.40.090.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
35A.63.110 and 1979 ex.s. c 18 s 34 are each amended to read as follows:
A
code city which pursuant to this chapter creates a planning agency and which
has twenty-five hundred or more inhabitants, by ordinance, shall create a board
of adjustment and provide for its membership, terms of office, organization,
jurisdiction. A code city which pursuant to this chapter creates a planning
agency and which has a population of less than twenty‑five hundred may,
by ordinance, similarly create a board of adjustment. In the event a code city
with a population of less than twenty-five hundred creates a planning agency,
but does not create a board of adjustment, the code city shall provide that the
city legislative authority shall itself hear and decide the items listed in
subdivisions (1), (2), and (3) of this section. The action of the board of
adjustment shall be final and conclusive, unless, within ((ten)) twenty-one
days from the date of the action, the original applicant or an adverse party
makes application to the superior court for the county in which that city is
located for a writ of certiorari, a writ of prohibition, or a writ of
mandamus. No member of the board of adjustment shall be a member of the
planning agency or the legislative body. Subject to conditions, safeguards,
and procedures provided by ordinance, the board of adjustment may be empowered
to hear and decide:
(1)
Appeals from orders, recommendations, permits, decisions, or determinations
made by a code city official in the administration or enforcement of the
provisions of this chapter or any ordinances adopted pursuant to it.
(2)
Applications for variances from the terms of the zoning ordinance, the official
map ordinance or other land-use regulatory ordinances under procedures and
conditions prescribed by city ordinance, which among other things shall provide
that no application for a variance shall be granted unless the board of
adjustment finds:
(a)
the variance shall not constitute a grant of special privilege inconsistent
with the limitation upon uses of other properties in the vicinity and zone in
which the property on behalf of which the application was filed is located; and
(b)
that such variance is necessary, because of special circumstances relating to
the size, shape, topography, location, or surroundings of the subject property,
to provide it with use rights and privileges permitted to other properties in
the vicinity and in the zone in which the subject property is located; and
(c)
that the granting of such variance will not be materially detrimental to the
public welfare or injurious to the property or improvements in the vicinity and
zone in which the subject property is situated.
(3)
Applications for conditional-use permits, unless such applications are to be
heard and decided by the planning agency. A conditional use means a use listed
among those classified in any given zone but permitted to locate only after
review as herein provided in accordance with standards and criteria set forth
in the zoning ordinance.
(4)
Such other quasi judicial and administrative determinations as may be delegated
by ordinance.
In
deciding any of the matters referred to in subsections (1), (2), (3), and (4)
of this section, the board of adjustment shall issue a written report giving
the reasons for its decision. If a code city provides for a hearing examiner
and vests in him the authority to hear and decide the items listed in
subdivisions (1), (2), and (3) of this section pursuant to RCW 35A.63.170, then
the provisions of this section shall not apply to such a city.
Sec.
2. RCW
35A.40.090 and 1973 1st ex.s. c 195 s 29 are each amended to read as follows:
((No
code city shall incur an indebtedness exceeding three-fourths of one percent of
the value of the taxable property in such city without the assent of
three-fifths of the voters therein voting at an election to be held for that
purpose nor, with such assent, to exceed two and one-half percent of the value
of the taxable property therein except as otherwise provided in chapter 39.36
RCW and subject to the provisions of this chapter and shall have the authority
and be subject to the constitutional and/or statutory limitations relating to
levy of taxes. The term "value of the taxable property" shall have
the meaning set forth in RCW 39.36.015.))
The
provisions of general law contained in chapter 39.36 RCW relating to municipal
indebtedness shall be applicable to code cities.
