AN ACT
Relating to requirements of cities regarding certification of family day-care
provider's home facilities; and amending RCW 35.63.185, 35A.63.215, and
36.70A.450.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
35.63.185 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.63.215 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.450 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.
