S-0001.2 _______________________________________________
SENATE BILL 5350
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State of Washington 54th Legislature 1995 Regular Session
By Senators Wojahn, Winsley, Haugen, McCaslin, Drew and Kohl
Read first time 01/20/95. Referred to Committee on Government Operations.
AN ACT Relating to counties' powers over family day-care providers; amending RCW 36.70A.450; and adding a new section to chapter 36.70 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 36.70 RCW to read as follows:
No county may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice which prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.
A county may restrict the hours of operation of a family day-care provider to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care and who work a nonstandard work shift, and may require proof of written notification by the family day-care provider that the adjoining property owners have been informed of the intent to locate and maintain such a facility.
Nothing in this section shall be construed to prohibit a county from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, so long as such 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 74.15.020.
Sec. 2. RCW 36.70A.450 and 1994 c 273 s 17 are each amended to read as follows:
No city or county that plans or elects to plan under this chapter may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice which prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.
A city or county
may require that the facility: (1) Comply with all building, fire, safety,
health code, and business licensing requirements; (2) 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; (3) is
certified by the state ((department of licensing)) office of child
care policy licensor as providing a safe passenger loading area; (4)
include signage, if any, that conforms to applicable regulations; and (5) limit
hours of operations to facilitate neighborhood compatibility, while also
providing appropriate opportunity for persons who use family day-care and who
work a nonstandard work shift.
A city or 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 family day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute.
Nothing in this section shall be construed to prohibit a city or county that plans or elects to plan under this chapter from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, so long as such 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 74.15.020.
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