BILL REQ. #:  S-3716.1 

READ FIRST TIME 01/20/12.   

     AN ACT Relating to the effect of zoning ordinances on hobby vehicle 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 (3) 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 hobby vehicle restoration.
     (2) For the purposes of this section, "hobby vehicle restoration" means the restoration of six or fewer vehicles that are thirty years or older of which the person restoring the vehicle has title and is actively working towards restoration of the vehicle and provided that the vehicles being restored and used for parts are maintained and stored by the restorer in a location that is out of ordinary public view by means of suitable fencing, trees, shrubbery, or otherwise. "Hobby vehicle restoration" includes the use of one of the six vehicles for the purposes of parts salvage only. An activity qualifies as hobby vehicle restoration when the restoration of the vehicle or vehicles is an ancillary use of the property upon which the restoration takes place.
     (3) 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 to otherwise regulate hobby vehicle restoration.

NEW SECTION.  Sec. 2   A new section is added to chapter 35.63 RCW to read as follows:
     (1) Except as provided under subsection (3) 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 hobby vehicle restoration.
     (2) For the purposes of this section, "hobby vehicle restoration" means the restoration of six or fewer vehicles that are thirty years or older of which the person restoring the vehicle has title and is actively working towards restoration of the vehicle and provided that the vehicles being restored and used for parts are maintained and stored by the restorer in a location that is out of ordinary public view by means of suitable fencing, trees, shrubbery, or otherwise. "Hobby vehicle restoration" includes the use of one of the six vehicles for the purposes of parts salvage only. An activity qualifies as hobby vehicle restoration when the restoration of the vehicle or vehicles is an ancillary use of the property upon which the restoration takes place.
     (3) 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 to otherwise regulate hobby vehicle restoration.

NEW SECTION.  Sec. 3   A new section is added to chapter 35A.63 RCW to read as follows:
     (1) Except as provided under subsection (3) 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 hobby vehicle restoration.
     (2) For the purposes of this section, "hobby vehicle restoration" means the restoration of six or fewer vehicles that are thirty years or older of which the person restoring the vehicle has title and is actively working towards restoration of the vehicle and provided that the vehicles being restored and used for parts are maintained and stored by the restorer in a location that is out of ordinary public view by means of suitable fencing, trees, shrubbery, or otherwise. "Hobby vehicle restoration" includes the use of one of the six vehicles for the purposes of parts salvage only. An activity qualifies as hobby vehicle restoration when the restoration of the vehicle or vehicles is an ancillary use of the property upon which the restoration takes place.
     (3) 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 to otherwise regulate hobby vehicle restoration.

NEW SECTION.  Sec. 4   A new section is added to chapter 36.70 RCW to read as follows:
     (1) Except as provided under subsection (3) 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 hobby vehicle restoration.
     (2) For the purposes of this section, "hobby vehicle restoration" means the restoration of six or fewer vehicles that are thirty years or older of which the person restoring the vehicle has title and is actively working towards restoration of the vehicle and provided that the vehicles being restored and used for parts are maintained and stored by the restorer in a location that is out of ordinary public view by means of suitable fencing, trees, shrubbery, or otherwise. "Hobby vehicle restoration" includes the use of one of the six vehicles for the purposes of parts salvage only. An activity qualifies as hobby vehicle restoration when the restoration of the vehicle or vehicles is an ancillary use of the property upon which the restoration takes place.
     (3) 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 to otherwise regulate hobby vehicle restoration.

NEW SECTION.  Sec. 5   A new section is added to chapter 36.70A RCW to read as follows:
     (1) Except as provided under subsection (3) 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 hobby vehicle restoration.
     (2) For the purposes of this section, "hobby vehicle restoration" means the restoration of six or fewer vehicles that are thirty years or older of which the person restoring the vehicle has title and is actively working towards restoration of the vehicle and provided that the vehicles being restored and used for parts are maintained and stored by the restorer in a location that is out of ordinary public view by means of suitable fencing, trees, shrubbery, or otherwise. "Hobby vehicle restoration" includes the use of one of the six vehicles for the purposes of parts salvage only. An activity qualifies as hobby vehicle restoration when the restoration of the vehicle or vehicles is an ancillary use of the property upon which the restoration takes place.
     (3) 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 to otherwise regulate hobby vehicle restoration.