reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.350 - Comprehensive plan—Optional elements.

RCW 36.70.350
Comprehensive plan—Optional elements.
A comprehensive plan may include—
(1) a conservation element for the conservation, development and utilization of natural resources, including water and its hydraulic force, forests, water sheds, soils, rivers and other waters, harbors, fisheries, wild life, minerals and other natural resources,
(2) a solar energy element for encouragement and protection of access to direct sunlight for solar energy systems,
(3) a recreation element showing a comprehensive system of areas and public sites for recreation, natural reservations, parks, parkways, beaches, playgrounds and other recreational areas, including their locations and proposed development,
(4) a transportation element showing a comprehensive system of transportation, including general locations of rights-of-way, terminals, viaducts and grade separations. This element of the plan may also include port, harbor, aviation and related facilities,
(5) a transit element as a special phase of transportation, showing proposed systems of rail transit lines, including rapid transit in any form, and related facilities,
(6) a public services and facilities element showing general plans for sewerage, refuse disposal, drainage and local utilities, and rights-of-way, easements and facilities for such services,
(7) a public buildings element, showing general locations, design and arrangements of civic and community centers, and showing locations of public schools, libraries, police and fire stations and all other public buildings,
(8) a housing element, consisting of surveys and reports upon housing conditions and needs as a means of establishing housing standards to be used as a guide in dealings with official controls related to land subdivision, zoning, traffic, and other related matters,
(9) a renewal and/or redevelopment element comprising surveys, locations, and reports for the elimination of slums and other blighted areas and for community renewal and/or redevelopment, including housing sites, business and industrial sites, public building sites and for other purposes authorized by law,
(10) a plan for financing a capital improvement program,
(11) as a part of a comprehensive plan the commission may prepare, receive and approve additional elements and studies dealing with other subjects which, in its judgment, relate to the physical development of the county.
[ 1979 ex.s. c 170 § 10; 1963 c 4 § 36.70.350. Prior: 1959 c 201 § 35.]
NOTES:
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
"Solar energy system" defined: RCW 36.70.025.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.360 - Comprehensive plan—Cooperation with affected agencies.

RCW 36.70.360
Comprehensive plan—Cooperation with affected agencies.
During the formulation of the comprehensive plan, and especially in developing a specialized element of such comprehensive plan, the planning agency may cooperate to the extent it deems necessary with such authorities, departments or agencies as may have jurisdiction over the territory or facilities for which plans are being made, to the end that maximum correlation and coordination of plans may be secured and properly located sites for all public purposes may be indicated on the comprehensive plan.
[ 1963 c 4 § 36.70.360. Prior: 1959 c 201 § 36.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.370 - Comprehensive plan—Filing of copies.

RCW 36.70.370
Comprehensive plan—Filing of copies.
Whenever a planning agency has developed a comprehensive plan, or any addition or amendment thereto, covering any land outside of the boundaries of the county as provided in RCW 36.70.320, copies of any features of the comprehensive plan extending into an adjoining jurisdiction shall for purposes of information be filed with such adjoining jurisdiction.
[ 1963 c 4 § 36.70.370. Prior: 1959 c 201 § 37.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.380 - Comprehensive plan—Public hearing required.

RCW 36.70.380
Comprehensive plan—Public hearing required.
Before approving all or any part of the comprehensive plan or any amendment, extension or addition thereto, the commission shall hold at least one public hearing and may hold additional hearings at the discretion of the commission.
[ 1963 c 4 § 36.70.380. Prior: 1959 c 201 § 38.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.390 - Comprehensive plan—Notice of hearing.

RCW 36.70.390
Comprehensive plan—Notice of hearing.
Notice of the time, place and purpose of any public hearing shall be given by one publication in a newspaper of general circulation in the county and in the official gazette, if any, of the county, at least ten days before the hearing.
[ 1963 c 4 § 36.70.390. Prior: 1959 c 201 § 39.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.400 - Comprehensive plan—Approval—Required vote—Record.

RCW 36.70.400
Comprehensive plan—Approval—Required vote—Record.
The approval of the comprehensive plan, or of any amendment, extension or addition thereto, shall be by the affirmative vote of not less than a majority of the total members of the commission. Such approval shall be by a recorded motion which shall incorporate the findings of fact of the commission and the reasons for its action and the motion shall refer expressly to the maps, descriptive, and other matters intended by the commission to constitute the plan or amendment, addition or extension thereto. The indication of approval by the commission shall be recorded on the map and descriptive matter by the signatures of the chair and the secretary of the commission and of such others as the commission in its rules may designate.
[ 2009 c 549 § 4117; 1963 c 4 § 36.70.400. Prior: 1961 c 232 § 2; 1959 c 201 § 40.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.410 - Comprehensive plan—Amendment.

RCW 36.70.410
Comprehensive plan—Amendment.
When changed conditions or further studies by the planning agency indicate a need, the commission may amend, extend or add to all or part of the comprehensive plan in the manner provided herein for approval in the first instance.
[ 1963 c 4 § 36.70.410. Prior: 1959 c 201 § 41.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.420 - Comprehensive plan—Referral to board.

RCW 36.70.420
Comprehensive plan—Referral to board.
A copy of a comprehensive plan or any part, amendment, extension of or addition thereto, together with the motion of the planning agency approving the same, shall be transmitted to the board for the purpose of being approved by motion and certified as provided in this chapter.
[ 1963 c 4 § 36.70.420. Prior: 1959 c 201 § 42.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.430 - Comprehensive plan—Board may initiate or change—Notice.

RCW 36.70.430
Comprehensive plan—Board may initiate or change—Notice.
When it deems it to be for the public interest, or when it considers a change in the recommendations of the planning agency to be necessary, the board may initiate consideration of a comprehensive plan, or any element or part thereof, or any change in or addition to such plan or recommendation. The board shall first refer the proposed plan, change or addition to the planning agency for a report and recommendation. Before making a report and recommendation, the commission shall hold at least one public hearing on the proposed plan, change or addition. Notice of the time and place and purpose of the hearing shall be given by one publication in a newspaper of general circulation in the county and in the official gazette, if any, of the county, at least ten days before the hearing.
[ 1963 c 4 § 36.70.430. Prior: 1959 c 201 § 43.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.440 - Comprehensive plan—Board may approve or change—Notice.

RCW 36.70.440
Comprehensive plan—Board may approve or change—Notice.
After the receipt of the report and recommendations of the planning agency on the matters referred to in RCW 36.70.430, or after the lapse of the prescribed time for the rendering of such report and recommendation by the commission, the board may approve by motion and certify such plan, change or addition without further reference to the commission: PROVIDED, That the plan, change or addition conforms either to the proposal as initiated by the county or the recommendation thereon by the commission: PROVIDED FURTHER, That if the planning agency has failed to report within a ninety day period, the board shall hold at least one public hearing on the proposed plan, change or addition. Notice of the time, place and purpose of the hearing shall be given by one publication in a newspaper of general circulation in the county and in the official gazette, if any, of the county, at least ten days before the hearing. Thereafter, the board may proceed to approve by motion and certify the proposed comprehensive plan or any part, amendment or addition thereto.
[ 1963 c 4 § 36.70.440. Prior: 1959 c 201 § 44.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.450 - Planning agency—Relating projects to comprehensive plan.

RCW 36.70.450
Planning agency—Relating projects to comprehensive plan.
After a board has approved by motion and certified all or parts of a comprehensive plan for a county or for any part of a county, the planning agency shall use such plan as the basic source of reference and as a guide in reporting upon or recommending any proposed project, public or private, as to its purpose, location, form, alignment and timing. The report of the planning agency on any project shall indicate wherein the proposed project does or does not conform to the purpose of the comprehensive plan and may include proposals which, if effected, would make the project conform. If the planning agency finds that a proposed project reveals the justification or necessity for amending the comprehensive plan or any part of it, it may institute proceedings to accomplish such amendment, and in its report to the board on the project shall note that appropriate amendments to the comprehensive plan, or part thereof, are being initiated.
[ 1963 c 4 § 36.70.450. Prior: 1959 c 201 § 45.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.460 - Planning agency—Annual report.

RCW 36.70.460
Planning agency—Annual report.
After all or part of the comprehensive plan of a county has been approved by motion and certified, the planning agency shall render an annual report to the board on the status of the plan and accomplishments thereunder.
[ 1963 c 4 § 36.70.460. Prior: 1959 c 201 § 46.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.470 - Planning agency—Promotion of public interest in plan.

RCW 36.70.470
Planning agency—Promotion of public interest in plan.
Each planning agency shall endeavor to promote public interest in, and understanding of, the comprehensive plan and its purpose, and of the official controls related to it.
[ 1963 c 4 § 36.70.470. Prior: 1959 c 201 § 47.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.480 - Planning agency—Cooperation with agencies.

RCW 36.70.480
Planning agency—Cooperation with agencies.
Each planning agency shall, to the extent it deems necessary, cooperate with officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens generally with relation to carrying out the purpose of the comprehensive plan.
[ 1963 c 4 § 36.70.480. Prior: 1959 c 201 § 48.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.490 - Information to be furnished agency.

RCW 36.70.490
Information to be furnished agency.
Upon request, all public officials or agencies shall furnish to the planning agency within a reasonable time such available information as is required for the work of the planning agency.
[ 1963 c 4 § 36.70.490. Prior: 1959 c 201 § 49.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.493 - Manufactured housing communities—Prohibitions of county due to community status as a nonconforming use.

RCW 36.70.493
Manufactured housing communities—Prohibitions of county due to community status as a nonconforming use.
(1) After June 10, 2004, a county may designate a manufactured housing community as a nonconforming use, but may not order the removal or phased elimination of an existing manufactured housing community because of its status as a nonconforming use.
(2) A county may not prohibit the entry or require the removal of a manufactured/mobile home, park model, or recreational vehicle authorized in a manufactured housing community under chapter 59.20 RCW on the basis of the community's status as a nonconforming use.
[ 2011 c 158 § 11; 2004 c 210 § 3.]
NOTES:
Transfer of residual funds to manufactured home installation training account—2011 c 158: See note following RCW 43.22A.100.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.495 - Planning regulations—Copies provided to county assessor.

RCW 36.70.495
Planning regulations—Copies provided to county assessor.
By July 31, 1997, a county planning under RCW 36.70A.040 shall provide to the county assessor a copy of the county's comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following year.
[ 1996 c 254 § 5.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.500 - Right of entry—Commission or planning staff.

RCW 36.70.500
Right of entry—Commission or planning staff.
In the performance of their functions and duties, duly authorized members of a commission or planning staff may enter upon any land and make examinations and surveys: PROVIDED, That such entries, examinations and surveys do not damage or interfere with the use of the land by those persons lawfully entitled to the possession thereof.
[ 1963 c 4 § 36.70.500. Prior: 1959 c 201 § 50.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.510 - Special referred matters—Reports.

RCW 36.70.510
Special referred matters—Reports.
By general or special rule the board creating a planning agency may provide that other matters shall be referred to the planning agency before final action is taken thereupon by the board or officer having final authority on the matter, and final action thereon shall not be taken upon the matter so referred until the planning agency has submitted its report within such period of time as the board shall designate. In reporting upon the matters referred to in this section the planning agency may make such investigations, maps, reports and recommendations as it deems desirable.
[ 1963 c 4 § 36.70.510. Prior: 1959 c 201 § 51.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.520 - Required submission of capital expenditure projects.

RCW 36.70.520
Required submission of capital expenditure projects.
At least five months before the end of each fiscal year each county officer, department, board or commission and each governmental body whose jurisdiction lies entirely within the county, except incorporated cities and towns, whose functions include preparing and recommending plans for, or constructing major public works, shall submit to the respective planning agency a list of the proposed public works being recommended for initiation or construction during the ensuing fiscal year.
[ 1963 c 4 § 36.70.520. Prior: 1959 c 201 § 52.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.530 - Relating capital expenditure projects to comprehensive plan.

RCW 36.70.530
Relating capital expenditure projects to comprehensive plan.
The planning agency shall list all such matters referred to in RCW 36.70.520 and shall prepare for and submit a report to the board which report shall set forth how each proposed project relates to all other proposed projects on the list and to all features in the comprehensive plan both as to location and timing. The planning agency shall report to the board through the planning director if there be such.
[ 1963 c 4 § 36.70.530. Prior: 1959 c 201 § 53.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.540 - Referral procedure—Reports.

RCW 36.70.540
Referral procedure—Reports.
Whenever a county legislative authority has approved by motion and certified all or part of a comprehensive plan, no road, square, park or other public ground or open space shall be acquired by dedication or otherwise and no public building or structure shall be constructed or authorized to be constructed in the area to which the comprehensive plan applies until its location, purpose and extent has been submitted to and reported upon by the planning agency. The report by the planning agency shall set forth the manner and the degree to which the proposed project does or does not conform to the objectives of the comprehensive plan. If final authority is vested by law in some governmental officer or body other than the county legislative authority, such officer or governmental body shall report the project to the planning agency and the planning agency shall render its report to such officer or governmental body. In both cases the report of the planning agency shall be advisory only. Failure of the planning agency to report on such matter so referred to it within forty days or such longer time as the county legislative authority or other governmental officer or body may indicate, shall be deemed to be approval.
[ 1991 c 363 § 80; 1963 c 4 § 36.70.540. Prior: 1959 c 201 § 54.]
NOTES:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.545 - Development regulations—Consistency with comprehensive plan.

RCW 36.70.545
Development regulations—Consistency with comprehensive plan.
Beginning July 1, 1992, the development regulations of each county that does not plan under RCW 36.70A.040 shall not be inconsistent with the county's comprehensive plan. For the purposes of this section, "development regulations" has the same meaning as set forth in RCW 36.70A.030.
[ 1990 1st ex.s. c 17 § 24.]
NOTES:
Severability—Part, section headings not law—1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.547 - General aviation airports—Siting of incompatible uses.

RCW 36.70.547
General aviation airports—Siting of incompatible uses.
Every county, city, and town in which there is located a general aviation airport that is operated for the benefit of the general public, whether publicly owned or privately owned public use, shall, through its comprehensive plan and development regulations, discourage the siting of incompatible uses adjacent to such general aviation airport. Such plans and regulations may only be adopted or amended after formal consultation with: Airport owners and managers, private airport operators, general aviation pilots, ports, and the aviation division of the department of transportation. All proposed and adopted plans and regulations shall be filed with the aviation division of the department of transportation within a reasonable time after release for public consideration and comment. Each county, city, and town may obtain technical assistance from the aviation division of the department of transportation to develop plans and regulations consistent with this section.
Any additions or amendments to comprehensive plans or development regulations required by this section may be adopted during the normal course of land-use proceedings.
This section applies to every county, city, and town, whether operating under chapter 35.63, 35A.63, 36.70, [or] 36.70A RCW, or under a charter.
[ 1996 c 239 § 2.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.550 - Official controls.

RCW 36.70.550
Official controls.
From time to time, the planning agency may, or if so requested by the board shall, cause to be prepared official controls which, when adopted by ordinance by the board, will further the objectives and goals of the comprehensive plan. The planning agency may also draft such regulations, programs and legislation as may, in its judgment, be required to preserve the integrity of the comprehensive plan and assure its systematic execution, and the planning agency may recommend such plans, regulations, programs and legislation to the board for adoption.
[ 1963 c 4 § 36.70.550. Prior: 1959 c 201 § 55.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.560 - Official controls—Forms of controls.

RCW 36.70.560
Official controls—Forms of controls.
Official controls may include:
(1) Maps showing the exact boundaries of zones within each of which separate controls over the type and degree of permissible land uses are defined;
(2) Maps for streets showing the exact alignment, gradients, dimensions and other pertinent features, and including specific controls with reference to protecting such accurately defined future rights-of-way against encroachment by buildings, other physical structures or facilities;
(3) Maps for other public facilities, such as parks, playgrounds, civic centers, etc., showing exact location, size, boundaries and other related features, including appropriate regulations protecting such future sites against encroachment by buildings and other physical structures or facilities;
(4) Specific regulations and controls pertaining to other subjects incorporated in the comprehensive plan or establishing standards and procedures to be employed in land development including, but not limited to, subdividing of land and the approval of land plats and the preservation of streets and lands for other public purposes requiring future dedication or acquisition and general design of physical improvements, and the encouragement and protection of access to direct sunlight for solar energy systems.
[ 1979 ex.s. c 170 § 11; 1963 c 4 § 36.70.560. Prior: 1959 c 201 § 56.]
NOTES:
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
"Solar energy system" defined: RCW 36.70.025.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.570 - Official controls—Adoption.

RCW 36.70.570
Official controls—Adoption.
Official controls shall be adopted by ordinance and shall further the purpose and objectives of a comprehensive plan and parts thereof.
[ 1963 c 4 § 36.70.570. Prior: 1959 c 201 § 57.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.580 - Official controls—Public hearing by commission.

RCW 36.70.580
Official controls—Public hearing by commission.
Before recommending an official control or amendment to the board for adoption, the commission shall hold at least one public hearing.
[ 1963 c 4 § 36.70.580. Prior: 1959 c 201 § 58.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.590 - Official controls—Notice of hearing.

RCW 36.70.590
Official controls—Notice of hearing.
Notice of the time, place and purpose of the hearing shall be given by one publication in a newspaper of general circulation in the county and in the official gazette, if any, of the county at least ten days before the hearing. The board may prescribe additional methods for providing notice.
[ 1963 c 4 § 36.70.590. Prior: 1959 c 201 § 59.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.600 - Official controls—Recommendation to board—Required vote.

RCW 36.70.600
Official controls—Recommendation to board—Required vote.
The recommendation to the board of any official control or amendments thereto by the planning agency shall be by the affirmative vote of not less than a majority of the total members of the commission. Such approval shall be by a recorded motion which shall incorporate the findings of fact of the commission and the reasons for its action and the motion shall refer expressly to the maps, descriptive and other matters intended by the commission to constitute the plan, or amendment, addition or extension thereto. The indication of approval by the commission shall be recorded on the map and descriptive matter by the signatures of the chair and the secretary of the commission and of such others as the commission in its rules may designate.
[ 2009 c 549 § 4118; 1963 c 4 § 36.70.600. Prior: 1961 c 232 § 3; 1959 c 201 § 60.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.610 - Official controls—Reference to board.

RCW 36.70.610
Official controls—Reference to board.
A copy of any official control or amendment recommended pursuant to RCW 36.70.550, 36.70.560, 36.70.570 and 36.70.580 shall be submitted to the board not later than fourteen days following the action by the commission and shall be accompanied by the motion of the planning agency approving the same, together with a statement setting forth the factors considered at the hearing, and analysis of findings considered by the commission to be controlling.
[ 1963 c 4 § 36.70.610. Prior: 1961 c 232 § 4; 1959 c 201 § 61.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.620 - Official controls—Action by board.

RCW 36.70.620
Official controls—Action by board.
Upon receipt of any recommended official control or amendment thereto, the board shall at its next regular public meeting set the date for a public meeting where it may, by ordinance, adopt or reject the official control or amendment.
[ 1963 c 4 § 36.70.620. Prior: 1959 c 201 § 62.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.630 - Official controls—Board to conduct hearing, adopt findings prior to incorporating changes in recommended control.

RCW 36.70.630
Official controls—Board to conduct hearing, adopt findings prior to incorporating changes in recommended control.
If after considering the matter at a public meeting as provided in RCW 36.70.620 the board deems a change in the recommendations of the planning agency to be necessary, the change shall not be incorporated in the recommended control until the board shall conduct its own public hearing, giving notice thereof as provided in RCW 36.70.590, and it shall adopt its own findings of fact and statement setting forth the factors considered at the hearing and its own analysis of findings considered by it to be controlling.
[ 1963 c 4 § 36.70.630. Prior: 1961 c 232 § 5; 1959 c 201 § 63.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.640 - Official controls—Board may initiate.

RCW 36.70.640
Official controls—Board may initiate.
When it deems it to be for the public interest, the board may initiate consideration of an ordinance establishing an official control, or amendments to an existing official control, including those specified in RCW 36.70.560. The board shall first refer the proposed official control or amendment to the planning agency for report which shall, thereafter, be considered and processed in the same manner as that set forth in RCW 36.70.630 regarding a change in the recommendation of the planning agency.
[ 1963 c 4 § 36.70.640. Prior: 1959 c 201 § 64.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.650 - Board final authority.

RCW 36.70.650
Board final authority.
The report and recommendation by the planning agency, whether on a proposed control initiated by it, whether on a matter referred back to it by the board for further report, or whether on a matter initiated by the board, shall be advisory only and the final determination shall rest with the board.
[ 1963 c 4 § 36.70.650. Prior: 1959 c 201 § 65.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.660 - Procedures for adoption of controls limited to planning matters.

RCW 36.70.660
Procedures for adoption of controls limited to planning matters.
The provisions of this chapter with references to the procedures to be followed in the adoption of official controls shall apply only to establishing official controls pertaining to subjects set forth in RCW 36.70.560.
[ 1963 c 4 § 36.70.660. Prior: 1959 c 201 § 66.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.670 - Enforcement—Official controls.

RCW 36.70.670
Enforcement—Official controls.
The board may determine and establish administrative rules and procedures for the application and enforcement of official controls, and may assign or delegate such administrative functions, powers and duties to such department or official as may be appropriate.
[ 1963 c 4 § 36.70.670. Prior: 1959 c 201 § 67.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.675 - Child care facilities—Review of need and demand—Adoption of ordinances.

RCW 36.70.675
Child care facilities—Review of need and demand—Adoption of ordinances.
Each county that does not provide for the siting of family day care homes in zones that are designated for single-family or other residential uses, and for the siting of mini-day care centers and day care centers in zones that are designated for any residential or commercial uses, shall conduct a review of the need and demand for child care facilities, including the cost of any conditional or special use permit that may be required. The review shall be completed by August 30, 1990. A copy of the findings, conclusions, and recommendations resulting from the review shall be sent to the *department of community development by September 30, 1990.
On or before June 30, 1991, each municipality that plans and zones under this chapter shall have adopted an ordinance or ordinances that are necessary to implement the findings of this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not adopted.
[ 1989 c 335 § 6.]
NOTES:
*Reviser's note: Powers, duties, and functions of the department of community development and the department of trade and economic development were transferred to the department of community, trade, and economic development by 1993 c 280, effective July 1, 1994. The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Findings—Purpose—Severability—1989 c 335: See notes following RCW 35.63.170.
Definitions for RCW 36.70.675: See RCW 35.63.170.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.678 - Conditional and special use permit applications by parties licensed or certified by the department of social and health services or the department of corrections—Mediation prior to appeal required.

RCW 36.70.678
Conditional and special use permit applications by parties licensed or certified by the department of social and health services or the department of corrections—Mediation prior to appeal required.
A final decision by a hearing examiner involving a conditional or special use permit application under this chapter that is requested by a party that is licensed or certified by the department of social and health services or the department of corrections is subject to mediation under RCW 35.63.260 before an appeal may be filed.
[ 1998 c 119 § 3.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.680 - Subdividing and platting.

RCW 36.70.680
Subdividing and platting.
The planning agency shall review all proposed land plats and subdivisions and make recommendations to the board thereon with reference to approving, or recommending any modifications necessary to assure conformance to the general purposes of the comprehensive plan and to standards and specifications established by state law or local controls.
[ 1963 c 4 § 36.70.680. Prior: 1959 c 201 § 68.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.690 - County improvements.

RCW 36.70.690
County improvements.
No county shall improve any street or lay or authorize the laying of sewers or connections or other improvements to be laid in any street within any territory for which the board has adopted an official control in the form of precise street map or maps, until the matter has been referred to the planning agency by the department or official having jurisdiction for a report thereon and a copy of the report has been filed with the department or official making the reference unless one of the following conditions apply:
(1) The street has been accepted, opened, or has otherwise received legal status of a public street;
(2) It corresponds with and conforms to streets shown on the official controls applicable to the subject;
(3) It corresponds with and conforms to streets shown on a subdivision (land plat) approved by the board.
[ 1963 c 4 § 36.70.690. Prior: 1959 c 201 § 69.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.692 - County development regulations—Proposed water uses.

RCW 36.70.692
County development regulations—Proposed water uses.
For the purposes of complying with the requirements of this chapter, county development regulations must ensure that proposed water uses are consistent with RCW 90.44.050 and with applicable rules adopted pursuant to chapters 90.22 and 90.54 RCW when making decisions under RCW 19.27.097 and 58.17.110.
[ 2018 c 1 § 103.]
NOTES:
Intent—2018 c 1: See note following RCW 90.94.010.
Effective date—2018 c 1: See RCW 90.94.900.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.700 - Planning agency—Time limit for report.

RCW 36.70.700
Planning agency—Time limit for report.
Failure of the planning agency to report on the matters referred to in RCW 36.70.690 within forty days after the reference, or such longer period as may be designated by the board, department or official making the reference, shall be deemed to be approval of such matter.
[ 1963 c 4 § 36.70.700. Prior: 1959 c 201 § 70.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.710 - Final authority.

RCW 36.70.710
Final authority.
Reports and recommendations by the planning agency on all matters shall be advisory only, and final determination shall rest with the administrative body, official, or the board whichever has authority to decide under applicable law.
[ 1963 c 4 § 36.70.710. Prior: 1959 c 201 § 71.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.720 - Prerequisite for zoning.

RCW 36.70.720
Prerequisite for zoning.
Zoning maps as an official control may be adopted only for areas covered by a comprehensive plan containing not less than a land use element and a circulation element. Zoning ordinances and maps adopted prior to June 10, 1959, are hereby validated, provided only that at the time of their enactment the comprehensive plan for the county existed according to law applicable at that time.
[ 1963 c 4 § 36.70.720. Prior: 1959 c 201 § 72.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.730 - Text without map.

RCW 36.70.730
Text without map.
The text of a zoning ordinance may be prepared and adopted in the absence of a comprehensive plan providing no zoning map or portion of a zoning map may be adopted thereunder until there has been compliance with the provisions of RCW 36.70.720.
[ 1963 c 4 § 36.70.730. Prior: 1959 c 201 § 73.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.740 - Zoning map—Progressive adoption.

RCW 36.70.740
Zoning map—Progressive adoption.
Because of practical considerations, the total area of a county to be brought under the control of zoning may be divided into areas possessing geographical, topographical or urban identity and such divisions may be progressively and separately officially mapped.
[ 1963 c 4 § 36.70.740. Prior: 1959 c 201 § 74.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.750 - Zoning—Types of regulations.

RCW 36.70.750
Zoning—Types of regulations.
Any board, by ordinance, may establish classifications, within each of which, specific controls are identified, and which will regulate:
(1) The use of buildings, structures, and land as between agriculture, industry, business, residence, and other purposes;
(2) The location, height, bulk, number of stories, and size of buildings and structures; the size of yards, courts, and other open spaces; the density of population; the percentage of a lot which may be occupied by buildings and structures; and the area required to provide off-street facilities for the parking of motor vehicles; and
(3) The minimum gross floor area requirements for single-family detached dwellings, including the elimination of such requirements or reduction of such requirements below the minimum performance standards and objectives contained in the state building code.
[ 2018 c 302 § 6; 1963 c 4 § 36.70.750. Prior: 1959 c 201 § 75.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.755 - Residential care facilities—Review of need and demand—Adoption of ordinances.

RCW 36.70.755
Residential care facilities—Review of need and demand—Adoption of ordinances.
Each county that does not provide for the siting of residential care facilities in zones that are designated for single-family or other residential uses, shall conduct a review of the need and demand for the facilities, including the cost of any conditional or special use permit that may be required. The review shall be completed by August 30, 1990. A copy of the findings, conclusions, and recommendations resulting from the review shall be sent to the *department of community development by September 30, 1990.
On or before June 30, 1991, each municipality that plans and zones under this chapter shall have adopted an ordinance or ordinances that are necessary to implement the findings of this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not adopted.
[ 1989 c 427 § 38.]
NOTES:
*Reviser's note: Powers, duties, and functions of the department of community development and the department of trade and economic development were transferred to the department of community, trade, and economic development by 1993 c 280, effective July 1, 1994. The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.757 - Family day-care provider's home facility—County may not prohibit in residential or commercial area—Conditions.

RCW 36.70.757
Family day-care provider's home facility—County may not prohibit in residential or commercial area—Conditions.
(1) Except as provided in subsections (2) and (3) of this section, no county may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's facility serving twelve or fewer children.
(2) A county may require that the facility: (a) Comply with all building, fire, safety, health code, and business licensing requirements; (b) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; (c) is certified by the department of children, youth, and families licensor as providing a safe passenger loading area; (d) include signage, if any, that conforms to applicable regulations; and (e) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care who work a nonstandard work shift.
(3) A county may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and the day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute.
(4) This section may not be construed to prohibit a county from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home serving twelve or fewer children in an area zoned for residential or commercial use, if the conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is as defined in RCW 43.216.010.
[ 2018 c 58 § 23; 2007 c 17 § 12; 2003 c 286 § 2.]
NOTES:
Effective date—2018 c 58: See note following RCW 28A.655.080.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.760 - Establishing zones.

RCW 36.70.760
Establishing zones.
For the purpose set forth in RCW 36.70.750 the county may divide a county, or portions thereof, into zones which, by number, shape, area and classification are deemed to be best suited to carry out the purposes of this chapter.
[ 1963 c 4 § 36.70.760. Prior: 1959 c 201 § 76.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.770 - All regulations shall be uniform in each zone.

RCW 36.70.770
All regulations shall be uniform in each zone.
All regulations shall be uniform in each zone, but the regulations in one zone may differ from those in other zones.
[ 1963 c 4 § 36.70.770. Prior: 1959 c 201 § 77.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.780 - Classifying unmapped areas.

RCW 36.70.780
Classifying unmapped areas.
After the adoption of the first map provided for in RCW 36.70.740, and pending the time that all property within a county can be precisely zoned through the medium of a zoning map, all properties not so precisely zoned by map shall be given a classification affording said properties such broad protective controls as may be deemed appropriate and necessary to serve public and private interests. Such controls shall be clearly set forth in the zoning ordinance in the form of a zone classification, and such classification shall apply to such areas until they shall have been included in the detailed zoning map in the manner provided for the adoption of a zoning map.
[ 1963 c 4 § 36.70.780. Prior: 1959 c 201 § 78.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.790 - Interim zoning.

RCW 36.70.790
Interim zoning.
If the planning agency in good faith, is conducting or intends to conduct studies within a reasonable time for the purpose of, or is holding a hearing for the purpose of, or has held a hearing and has recommended to the board the adoption of any zoning map or amendment or addition thereto, or in the event that new territory for which no zoning may have been adopted as set forth in RCW 36.70.800 may be annexed to a county, the board, in order to protect the public safety, health and general welfare may, after report from the commission, adopt as an emergency measure a temporary interim zoning map the purpose of which shall be to so classify or regulate uses and related matters as constitute the emergency.
[ 1963 c 4 § 36.70.790. Prior: 1959 c 201 § 79.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.795 - Moratoria, interim zoning controls—Public hearing—Limitation on length.

RCW 36.70.795
Moratoria, interim zoning controls—Public hearing—Limitation on length.
A board that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the board received a recommendation on the matter from the commission or department. If the board does not adopt findings of fact justifying its action before this hearing, then the board shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium, interim zoning map, interim zoning ordinance, or interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal.
[ 1992 c 207 § 4.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.800 - Procedural amendments—Zoning ordinance.

RCW 36.70.800
Procedural amendments—Zoning ordinance.
An amendment to the text of a zoning ordinance which does not impose, remove or modify any regulation theretofore existing and affecting the zoning status of land shall be processed in the same manner prescribed by this chapter for the adoption of an official control except that no public hearing shall be required either by the commission or the board.
[ 1963 c 4 § 36.70.800. Prior: 1959 c 201 § 80.]