BP BHEAD INT H

AN ACT Relating to manufactured housing in single-family residence zones; amending RCW 35.63.110, 35A.63.100, and 36.70.750; adding a new section to chapter 36.70A RCW; creating new sections; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that manufactured housing provides a source of safe, sanitary, moderate, and low-cost housing in this state.

The legislature further finds that local planning and zoning activities have unreasonably prohibited placement of manufactured housing in single-family residence districts where it would be comparative with, and comparable in quality to, existing or developing housing, and that this practice has significantly limited the development and utilization of this housing resource to the detriment of the health and welfare of the citizens of this state.

The legislature recognizes and respects the fact that the United States department of housing and urban development has notified many cities and counties individually that they are without authority to allow modular homes regulated under the state building code on individual lots and not allow manufactured homes as defined under RCW 43.63B.010 under the same conditions. Therefore, in order to avoid Washington state residents having to appeal to the United States department of housing and urban development individually for each city and county in the state, the legislature declares that it is the intent of the state to adopt this federal preemption as a part of this state's efforts to promote access to affordable housing.

Sec. 2. RCW 35.63.110 and 1965 c 7 s 35.63.110 are each amended to read as follows:

For any or all of such purposes the council or board, on recommendation of its commission, may divide the municipality or any portion thereof into districts of such size, shape and area, or may establish such official maps, or development plans for the whole or any portion of the municipality as may be deemed best suited to carry out the purposes of this chapter and within such districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures, or land.

However, in any zoning district for single-family residences, single-family manufactured homes as defined in RCW 43.63B.010 shall be sited on individual lots subject only to land use regulations applicable to all other single-family residences on individual lots in such district. This provision shall not prevent the adoption of home design regulations to assure neighborhood compatibility provided such regulations apply equally to homes regulated under the state building code and manufactured homes as defined in RCW 43.63B.010.

Sec. 3. RCW 35A.63.100 and 1979 ex.s. c 170 s 8 are each amended to read as follows:

After approval of the comprehensive plan, as set forth above, the legislative body, in developing the municipality and in regulating the use of land, may implement or give effect to the comprehensive plan or parts thereof by ordinance or other action to such extent as the legislative body deems necessary or appropriate. Such ordinances or other action may provide for:

(1) Adoption of an official map and regulations relating thereto designating locations and requirements for one or more of the following: Streets, parks, public buildings, and other public facilities, and protecting such sites against encroachment by buildings and other physical structures.

(2) Dividing the municipality, or portions thereof, into appropriate zones within which specific standards, requirements, and conditions may be provided for regulating the use of public and private land, buildings, and structures, and the location, height, bulk, number of stories, and size of buildings and structures, size of yards, courts, open spaces, density of population, ratio of land area to the area of buildings and structures, setbacks, area required for off-street parking, protection of access to direct sunlight for solar energy systems, and such other standards, requirements, regulations, and procedures as are appropriately related thereto. The ordinance encompassing the matters of this subsection is hereinafter called the "zoning ordinance". No zoning ordinance, or amendment thereto, shall be enacted by the legislative body without at least one public hearing, notice of which shall be given as set forth in RCW 35A.63.070. Such hearing may be held before the planning agency or the board of adjustment or such other body as the legislative body shall designate.

(3) Adoption of design standards, requirements, regulations, and procedures for the subdivision of land into two or more parcels, including, but not limited to, the approval of plats, dedications, acquisitions, improvements, and reservation of sites for public use.

(4) Scheduling public improvements on the basis of recommended priorities over a period of years, subject to periodic review.

(5) Such other matters as may be otherwise authorized by law or as the legislative body deems necessary or appropriate to effectuate the goals and objectives of the comprehensive plan or parts thereof and the purposes of this chapter.

Sec. 4. RCW 36.70.750 and 1963 c 4 s 36.70.750 are each amended to read as follows:

Any board, by ordinance, may establish classifications, within each of which, specific controls are identified, and which will:

(1) Regulate the use of buildings, structures, and land as between agriculture, industry, business, residence, and other purposes.

(2) Regulate 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.

NEW SECTION. Sec. 5. A new section is added to chapter 36.70A RCW to read as follows:

Any city or county that plans or elects to plan under this chapter must allow in any zoning district for single-family residences, single-family manufactured homes as defined in RCW 43.63B.010 to be sited on individual lots subject only to land use regulations applicable to all other single-family residences on individual lots in such district. Nothing in this section prohibits the adoption of home design regulations to assure neighborhood compatibility provided such regulations apply equally to homes regulated under the state building code and manufactured homes as defined in RCW 43.63B.010.

NEW SECTION. Sec. 6. Any local government subject to the terms of this act shall have until January 1, 1996, to bring applicable local codes into conformance with this act, but this delay shall not affect the immediate application of this act.

NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.