BILL REQ. #:  S-0432.1 

Read first time 01/19/09.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to the effect of zoning ordinances on motor vehicle collection and restoration; adding a new section to chapter 35.21 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; and adding a new section to chapter 36.70A RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 35.21 RCW to read as follows:
     (1) Except as provided under subsection (2) of this section, a city or town shall not enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the hobby of collecting and restoring motor vehicles, including any of the following:
     (a) Repairing or modifying motor vehicles that are undergoing restoration; or
     (b) Maintaining motor vehicles as a source of parts for motor vehicles undergoing restoration.
     (2) This section does not prohibit a city or town from enacting, enforcing, or maintaining an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that:
     (a) Regulates noise, advertising, traffic, hours of operation, or other conditions that may accompany the use of property under subsection (1) of this section; or
     (b) Requires parts, motor vehicles, or activities under subsection (1) of this section to be screened from view by fencing, vegetation, or other means.

NEW SECTION.  Sec. 2   A new section is added to chapter 35.63 RCW to read as follows:
     (1) Except as provided under subsection (2) of this section, a city shall not enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the hobby of collecting and restoring motor vehicles, including any of the following:
     (a) Repairing or modifying motor vehicles that are undergoing restoration; or
     (b) Maintaining motor vehicles as a source of parts for motor vehicles undergoing restoration.
     (2) This section does not prohibit a city from enacting, enforcing, or maintaining an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that:
     (a) Regulates noise, advertising, traffic, hours of operation, or other conditions that may accompany the use of property under subsection (1) of this section; or
     (b) Requires parts, motor vehicles, or activities under subsection (1) of this section to be screened from view by fencing, vegetation, or other means.

NEW SECTION.  Sec. 3   A new section is added to chapter 35A.63 RCW to read as follows:
     (1) Except as provided under subsection (2) of this section, a city shall not enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the hobby of collecting and restoring motor vehicles, including any of the following:
     (a) Repairing or modifying motor vehicles that are undergoing restoration; or
     (b) Maintaining motor vehicles as a source of parts for motor vehicles undergoing restoration.
     (2) This section does not prohibit a city from enacting, enforcing, or maintaining an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that:
     (a) Regulates noise, advertising, traffic, hours of operation, or other conditions that may accompany the use of property under subsection (1) of this section; or
     (b) Requires parts, motor vehicles, or activities under subsection (1) of this section to be screened from view by fencing, vegetation, or other means.

NEW SECTION.  Sec. 4   A new section is added to chapter 36.70 RCW to read as follows:
     (1) Except as provided under subsection (2) of this section, a county shall not enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the hobby of collecting and restoring motor vehicles, including any of the following:
     (a) Repairing or modifying motor vehicles that are undergoing restoration; or
     (b) Maintaining motor vehicles as a source of parts for motor vehicles undergoing restoration.
     (2) This section does not prohibit a county from enacting, enforcing, or maintaining an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that:
     (a) Regulates noise, advertising, traffic, hours of operation, or other conditions that may accompany the use of property under subsection (1) of this section; or
     (b) Requires parts, motor vehicles, or activities under subsection (1) of this section to be screened from view by fencing, vegetation, or other means.

NEW SECTION.  Sec. 5   A new section is added to chapter 36.70A RCW to read as follows:
     (1) Except as provided under subsection (2) of this section, a county shall not enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the hobby of collecting and restoring motor vehicles, including any of the following:
     (a) Repairing or modifying motor vehicles that are undergoing restoration; or
     (b) Maintaining motor vehicles as a source of parts for motor vehicles undergoing restoration.
     (2) This section does not prohibit a county from enacting, enforcing, or maintaining an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that:
     (a) Regulates noise, advertising, traffic, hours of operation, or other conditions that may accompany the use of property under subsection (1) of this section; or
     (b) Requires parts, motor vehicles, or activities under subsection (1) of this section to be screened from view by fencing, vegetation, or other means.