HOUSE BILL REPORT

HB 2033

BYRepresentatives Todd and Phillips

Changing the notice requirements for hearings on conditional use permits and variances.

House Committe on Local Government

Majority Report:  Do pass with amendment.  (12)

      Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Ferguson, Ranking Republican Member; Horn, Nealey, Nelson, Phillips, Raiter, Todd, Wolfe, Wood and Zellinsky.

Minority Report:  Do not pass.  (2)

      Signed by Representatives Nutley and Rayburn.

House Staff:Steve Lundin (786-7127)

AS REPORTED BY COMMITTEE ON LOCAL GOVERNMENT MARCH 1, 1989

BACKGROUND:

Counties are permitted to plan and zone under several sources of authority.

One of the sources of the authority for counties to plan and zone allows variances and conditional use permits.  A variance allows a deviation from certain regulations, such as set back requirements, if the lot has characteristics that differ from other similar lots in the near vicinity.  A conditional use permit authorizes a particular special land use that may be permitted if certain specific conditions are met.  A hearing before a board of adjustment must be held on a conditional use permit or variance, with notice of the hearing being sent to the owners of all property located within a radius of 300 feet of the exterior boundaries of the subject property.

SUMMARY:

BILL AS AMENDED:  Notice of the hearing before a county board of adjustment on a variance or conditional use permit must be posted in at least three conspicuous places in the vicinity of the subject property, in a manner designed to attract attention. Such notice must be mailed to at least five residences located in the vicinity of the subject property if the zoning does not allow residential lots smaller than one-half acre.

AMENDED BILL COMPARED TO ORIGINAL:  The mailed notice to five nearby residences only applies to situations where the smallest allowable residential lot is one-half acre or larger.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Nancy Pearson, League of Women Voters.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Better notice is needed for local residents.  The additional mailed notice would only be required in sparsely populated areas.

House Committee - Testimony Against:      None Presented.