BP BHEAD INT S

AN ACT Relating to siting of residential structures occupied by persons with handicaps; and amending RCW 35.63.220, 35A.63.240, 36.70.990, and 36.70A.410.

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

Sec. 1. RCW 35.63.220 and 1993 c 478 s 20 are each amended to read as follows:

(1) No city may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3602).

(2) A city may require written proof of notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and maintain a residential structure occupied by persons with handicaps.

(3) Nothing in this section prohibits a city from denying a permit in an effort to encourage the siting of residential structures occupied by persons with handicaps throughout the city and not overly concentrate siting in a specific area of the city.

Sec. 2. RCW 35A.63.240 and 1993 c 478 s 21 are each amended to read as follows:

Sec. 3. RCW 36.70.990 and 1993 c 478 s 22 are each amended to read as follows:

(1) No county may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3602).

(2) A county may require written proof of notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and maintain a residential structure occupied by persons with handicaps.

(3) Nothing in this section prohibits a county from denying a permit in an effort to encourage the siting of residential structures occupied by persons with handicaps throughout the county and not overly concentrate siting in a specific area of the county.

Sec. 4. RCW 36.70A.410 and 1993 c 478 s 23 are each amended to read as follows:

(1) No county or city that plans or elects to plan under this chapter may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3602).

(2) A county or city that plans or elects to plan under this chapter may require written proof of notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and maintain a residential structure occupied by persons with handicaps.

(3) Nothing in this section prohibits a county or city that plans or elects to plan under this chapter from denying a permit in an effort to encourage the siting of residential structures occupied by persons with handicaps throughout the county or city and not overly concentrate siting in a specific area of the county or city.