6597-S AMH GOVT H5335.1
SSB 6597 - H COMM AMD ADOPTED 3-1-96
By Committee on Government Operations
Strike everything after the enacting clause and insert the following:
"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 shall include procedures to facilitate the conduct of voluntary preapplication meetings between a potential permit applicant, involved governmental entities, adjacent property owners, or other classes of groups and individuals deemed appropriate by the city or county. Participation or nonparticipation in such a meeting does not affect an individual's or group's standing in a legal action that might be brought concerning a subsequent permit application. Nothing in this section precludes development regulations from also establishing or using a process involving only a potential permit applicant and the local government.
(3) In jurisdictions planning under this chapter that have adopted regulations restricting the use of private property, those regulations shall provide for the use of a reasonable use exception in accordance with this section.
(4) Because government has no right to treat people unreasonably in regard to their rights in real property, a reasonable use exception is required to avoid unreasonable burdens on property owners.
(5) A reasonable use exception from development regulations must be granted under the following circumstances:
(a) The development regulation or the application thereof:
(i) Directly or effectively precludes the type or intensity of uses allowed by the provision of the zoning ordinance which identifies the type and intensity or density of uses permitted in the zoning designation; or
(ii) Directly or effectively precludes substantially all reasonable economic uses of any part of the property; and
(b) The development regulation is not preventing, mitigating, or abating a nuisance as defined by the laws of this state or as recognized under the common law standards for defining a nuisance.
(6) The relief granted by a reasonable use exception must mitigate the loss, if any, in fair market value of the real property caused by restriction identified in subsection (5) of this section.
(7) "Reasonable economic uses" are uses of property that are more than nominal or passive, that are proportionate to and compatible with actual uses of property in the immediate area.
(8) "Private property" means all real property or an interest in real property recognized under Washington law, including but not limited to: Estates in fee; life estates; estates for years or otherwise; inchoate interests in real property such as remainders and future interests; personalty that is affixed or appurtenant to real property; easements; covenants; leaseholds; the right to use water or the right to receive water; or rents, issues, and profits of land, including minerals, timber, and crops.
(9) Nothing in this section may be interpreted to prevent a jurisdiction from purchasing an interest in property under the laws of eminent domain.
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 shall include procedures to facilitate the conduct of voluntary preapplication meetings between a potential permit applicant, involved governmental entities, adjacent property owners, or other classes of groups and individuals deemed appropriate by the city or county. Participation or nonparticipation in such a meeting does not affect an individual's or group's standing in a legal action that might be brought concerning a subsequent permit application. Nothing in this section precludes development regulations from also establishing or using a process involving only a potential permit applicant and the local government.
(3) In jurisdictions planning under this chapter that have adopted regulations restricting the use of private property, those regulations shall provide for the use of a reasonable use exception in accordance with this section.
(4) Because government has no right to treat people unreasonably in regard to their rights in real property, a reasonable use exception is required to avoid unreasonable burdens on property owners.
(5) A reasonable use exception from development regulations must be granted under the following circumstances:
(a) The development regulation or the application thereof:
(i) Directly or effectively precludes the type or intensity of uses allowed by the provision of the zoning ordinance which identifies the type and intensity or density of uses permitted in the zoning designation; or
(ii) Directly or effectively precludes all reasonable economic uses of any part of the property; and
(b) The development regulation is not preventing, mitigating, or abating a nuisance as defined by the laws of this state or as recognized under the common law standards for defining a nuisance.
(6) The relief granted by a reasonable use exception must mitigate the loss, if any, in fair market value of the real property caused by restriction identified in subsection (5) of this section.
(7) "Reasonable economic uses" are uses of property that are more than nominal or passive, that are proportionate to and compatible with actual uses of property in the immediate area.
(8) "Private property" means all real property or an interest in real property recognized under Washington law, including but not limited to: Estates in fee; life estates; estates for years or otherwise; inchoate interests in real property such as remainders and future interests; personalty that is affixed or appurtenant to real property; easements; covenants; leaseholds; the right to use water or the right to receive water; or rents, issues, and profits of land, including minerals, timber, and crops.
(9) Nothing in this section may be interpreted to prevent a jurisdiction from purchasing an interest in property under the laws of eminent domain.
NEW SECTION. Sec. 3. A new section is added to chapter 35.22 RCW to read as follows:
Development regulations adopted under this chapter shall include procedures to facilitate the conduct of voluntary preapplication meetings between a potential permit applicant, involved governmental entities, adjacent property owners, or other classes of groups and individuals deemed appropriate by the first class city. Participation or nonparticipation in such a meeting does not affect an individual's or group's standing in a legal action that might be brought concerning a subsequent permit application. Nothing in this section precludes development regulations from also establishing or using a process involving only a potential permit applicant and the local government.
NEW SECTION. Sec. 4. 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 restricting the use of private property, those regulations shall provide for the use of a reasonable use exception in accordance with this section.
(2) Because government has no right to treat people unreasonably in regard to their rights in real property, a reasonable use exception is required to avoid unreasonable burdens on property owners.
(3) A reasonable use exception from development regulations must be granted under the following circumstances:
(a) The development regulation or the application thereof:
(i) Directly or effectively precludes the type or intensity of uses allowed by the provision of the zoning ordinance which identifies the type and intensity or density of uses permitted in the zoning designation; or
(ii) Directly or effectively precludes all reasonable economic uses of any part of the property; and
(b) The development regulation is not preventing, mitigating, or abating a nuisance as defined by the laws of this state or as recognized under the common law standards for defining a nuisance.
(4) The relief granted by a reasonable use exception must mitigate the loss, if any, in fair market value of the real property caused by restriction identified in subsection (3) of this section.
(5) "Reasonable economic uses" are uses of property that are more than nominal or passive, that are proportionate to and compatible with actual uses of property in the immediate area.
(6) "Private property" means all real property or an interest in real property recognized under Washington law, including but not limited to: Estates in fee; life estates; estates for years or otherwise; inchoate interests in real property such as remainders and future interests; personalty that is affixed or appurtenant to real property; easements; covenants; leaseholds; the right to use water or the right to receive water; or rents, issues, and profits of land, including minerals, timber, and crops.
(7) Nothing in this section may be interpreted to prevent a jurisdiction from purchasing an interest in property under the laws of eminent domain.
NEW SECTION. Sec. 5. A new section is added to chapter 35.63 RCW to read as follows:
Development regulations adopted under this chapter shall include procedures to facilitate the conduct of voluntary preapplication meetings between a potential permit applicant, involved governmental entities, adjacent property owners, or other classes of groups and individuals deemed appropriate by the city. Participation or nonparticipation in such a meeting does not affect an individual's or group's standing in a legal action that might be brought concerning a subsequent permit application. Nothing in this section precludes development regulations from also establishing or using a process involving only a potential permit applicant and the local government.
NEW SECTION. Sec. 6. 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 restricting the use of private property, those regulations shall provide for the use of a reasonable use exception in accordance with this section.
(2) Because government has no right to treat people unreasonably in regard to their rights in real property, a reasonable use exception is required to avoid unreasonable burdens on property owners.
(3) A reasonable use exception from development regulations must be granted under the following circumstances:
(a) The development regulation or the application thereof:
(i) Directly or effectively precludes the type or intensity of uses allowed by the provision of the zoning ordinance which identifies the type and intensity or density of uses permitted in the zoning designation; or
(ii) Directly or effectively precludes all reasonable economic uses of any part of the property; and
(b) The development regulation is not preventing, mitigating, or abating a nuisance as defined by the laws of this state or as recognized under the common law standards for defining a nuisance.
(4) The relief granted by a reasonable use exception must mitigate the loss, if any, in fair market value of the real property caused by restriction identified in subsection (3) of this section.
(5) "Reasonable economic uses" are uses of property that are more than nominal or passive, that are proportionate to and compatible with actual uses of property in the immediate area.
(6) "Private property" means all real property or an interest in real property recognized under Washington law, including but not limited to: Estates in fee; life estates; estates for years or otherwise; inchoate interests in real property such as remainders and future interests; personalty that is affixed or appurtenant to real property; easements; covenants; leaseholds; the right to use water or the right to receive water; or rents, issues, and profits of land, including minerals, timber, and crops.
(7) Nothing in this section may be interpreted to prevent a jurisdiction from purchasing an interest in property under the laws of eminent domain.
NEW SECTION. Sec. 7. A new section is added to chapter 35A.63 RCW to read as follows:
Development regulations adopted under this chapter shall include procedures to facilitate the conduct of voluntary preapplication meetings between a potential permit applicant, involved governmental entities, adjacent property owners, or other classes of groups and individuals deemed appropriate by the code city. Participation or nonparticipation in such a meeting does not affect an individual's or group's standing in a legal action that might be brought concerning a subsequent permit application. Nothing in this section precludes development regulations from also establishing or using a process involving only a potential permit applicant and the local government.
NEW SECTION. Sec. 8. 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 restricting the use of private property, those regulations shall provide for the use of a reasonable use exception in accordance with this section.
(2) Because government has no right to treat people unreasonably in regard to their rights in real property, a reasonable use exception is required to avoid unreasonable burdens on property owners.
(3) A reasonable use exception from development regulations must be granted under the following circumstances:
(a) The development regulation or the application thereof:
(i) Directly or effectively precludes the type or intensity of uses allowed by the provision of the zoning ordinance which identifies the type and intensity or density of uses permitted in the zoning designation; or
(ii) Directly or effectively precludes all reasonable economic uses of any part of the property; and
(b) The development regulation is not preventing, mitigating, or abating a nuisance as defined by the laws of this state or as recognized under the common law standards for defining a nuisance.
(4) The relief granted by a reasonable use exception must mitigate the loss, if any, in fair market value of the real property caused by restriction identified in subsection (3) of this section.
(5) "Reasonable economic uses" are uses of property that are more than nominal or passive, that are proportionate to and compatible with actual uses of property in the immediate area.
(6) "Private property" means all real property or an interest in real property recognized under Washington law, including but not limited to: Estates in fee; life estates; estates for years or otherwise; inchoate interests in real property such as remainders and future interests; personalty that is affixed or appurtenant to real property; easements; covenants; leaseholds; the right to use water or the right to receive water; or rents, issues, and profits of land, including minerals, timber, and crops.
(7) Nothing in this section may be interpreted to prevent a jurisdiction from purchasing an interest in property under the laws of eminent domain.
NEW SECTION. Sec. 9. A new section is added to chapter 36.70 RCW to read as follows:
Development regulations adopted under this chapter shall include procedures to facilitate the conduct of voluntary preapplication meetings between a potential permit applicant, involved governmental entities, adjacent property owners, or other classes of groups and individuals deemed appropriate by the county. Participation or nonparticipation in such a meeting does not affect an individual's or group's standing in a legal action that might be brought concerning a subsequent permit application. Nothing in this section precludes development regulations from also establishing or using a process involving only a potential permit applicant and the local government.
NEW SECTION. Sec. 10. 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 restricting the use of private property, those regulations shall provide for the use of a reasonable use exception in accordance with this section.
(2) Because government has no right to treat people unreasonably in regard to their rights in real property, a reasonable use exception is required to avoid unreasonable burdens on property owners.
(3) A reasonable use exception from development regulations must be granted under the following circumstances:
(a) The development regulation or the application thereof:
(i) Directly or effectively precludes the type or intensity of uses allowed by the provision of the zoning ordinance which identifies the type and intensity or density of uses permitted in the zoning designation; or
(ii) Directly or effectively precludes all reasonable economic uses of any part of the property; and
(b) The development regulation is not preventing, mitigating, or abating a nuisance as defined by the laws of this state or as recognized under the common law standards for defining a nuisance.
(4) The relief granted by a reasonable use exception must mitigate the loss, if any, in fair market value of the real property caused by restriction identified in subsection (3) of this section.
(5) "Reasonable economic uses" are uses of property that are more than nominal or passive, that are proportionate to and compatible with actual uses of property in the immediate area.
(6) "Private property" means all real property or an interest in real property recognized under Washington law, including but not limited to: Estates in fee; life estates; estates for years or otherwise; inchoate interests in real property such as remainders and future interests; personalty that is affixed or appurtenant to real property; easements; covenants; leaseholds; the right to use water or the right to receive water; or rents, issues, and profits of land, including minerals, timber, and crops.
(7) Nothing in this section may be interpreted to prevent a jurisdiction from purchasing an interest in property under the laws of eminent domain.
NEW SECTION. Sec. 11. 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, 1997.
NEW SECTION. Sec. 12. Section 1 of this act shall expire July 1, 1998.
NEW SECTION. Sec. 13. Section 2 of this act shall take effect July 1, 1998."
SSB 6597 - H COMM AMD
By Committee on Government Operations
On page 1, line 2 of the title, after "exceptions;" strike the remainder of the title and insert "amending RCW 36.70B.080 and 36.70B.080; adding new sections to chapter 35.22 RCW; adding new sections to chapter 35.63 RCW; adding new sections to chapter 35A.63 RCW; adding new sections to chapter 36.70 RCW; creating a new section; providing an effective date; and providing an expiration date."
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