AN ACT Relating to
requirements of cities regarding certification of family day-care provider's
home facilities; and amending RCW 35.63.‑--, 35A.63.---, and 36.70A.---.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 35.63.--- and 1994 c
273 s 14 are each amended to read as follows:
No city 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 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 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 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 35A.63.--- and 1994
c 273 s 16 are each amended to read as follows:
No city 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 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 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 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. 3. RCW 36.70A.--- and 1994
c 273 s 17 are each amended to read as follows:
No city 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 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 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 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.
