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ENGROSSED HOUSE BILL 2328
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State of Washington 57th Legislature 2002 Regular Session
By Representatives Romero, Dunshee, Miloscia, Ogden and Edwards
Read first time 01/14/2002. Referred to Committee on Local Government & Housing.
AN ACT Relating to day-care facility location restrictions; amending RCW 35.63.185, 35A.63.215, and 36.70A.450; adding a new section to chapter 35.21 RCW; adding a new section to chapter 36.70 RCW; and adding a new section to chapter 74.15 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 35.21 RCW to read as follows:
(1) Except as provided in subsections (2) and (3) of this section, no city or town may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's facility serving twelve or fewer children.
(2) A city or town may require that the facility: (a) Comply with all building, fire, safety, health code, and business licensing requirements; (b) 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; (c) is certified by the office of child care policy licensor as providing a safe passenger loading area; (d) include signage, if any, that conforms to applicable regulations; and (e) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care who work a nonstandard work shift.
(3) A city or town 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 day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute.
(4) This section may not be construed to prohibit a city or town from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home serving twelve or fewer children in an area zoned for residential or commercial use, if the 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.
NEW SECTION. Sec. 2. A new section is added to chapter 36.70 RCW to read as follows:
(1) Except as provided in subsections (2) and (3) of this section, no county may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's facility serving twelve or fewer children.
(2) A county may require that the facility: (a) Comply with all building, fire, safety, health code, and business licensing requirements; (b) 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; (c) is certified by the office of child care policy licensor as providing a safe passenger loading area; (d) include signage, if any, that conforms to applicable regulations; and (e) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care who work a nonstandard work shift.
(3) A 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 day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute.
(4) This section may not be construed to prohibit a county from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home serving twelve or fewer children in an area zoned for residential or commercial use, if the 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 35.63.185 and 1995 c 49 s 1 are each amended to read as follows:
(1) Except as
provided in subsections (2) and (3) of this section, no city may enact,
enforce, or maintain an ordinance, development regulation, zoning regulation,
or official control, policy, or administrative practice ((which)) that
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.
(2) A city may
require that the facility: (((1))) (a) Comply with all building,
fire, safety, health code, and business licensing requirements; (((2))) (b)
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))) (c) is certified by the office
of child care policy licensor as providing a safe passenger loading area; (((4)))
(d) include signage, if any, that conforms to applicable regulations;
and (((5))) (e) 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.
(3) 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.
(4) 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. 4. RCW 35A.63.215 and 1995 c 49 s 2 are each amended to read as follows:
(1) Except as provided
in subsections (2) and (3) of this section, no city may enact, enforce, or
maintain an ordinance, development regulation, zoning regulation, or official
control, policy, or administrative practice ((which)) that
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.
(2) A city may
require that the facility: (((1))) (a) Comply with all building,
fire, safety, health code, and business licensing requirements; (((2))) (b)
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))) (c) is certified by the office
of child care policy licensor as providing a safe passenger loading area; (((4)))
(d) include signage, if any, that conforms to applicable regulations;
and (((5))) (e) 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.
(3) 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.
(4) 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. 5. RCW 36.70A.450 and 1995 c 49 s 3 are each amended to read as follows:
(1) Except as
provided in subsections (2) and (3) of this section, no county or
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)) that
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.
(2) A county
or city may require that the facility: (((1))) (a) Comply
with all building, fire, safety, health code, and business licensing
requirements; (((2))) (b) 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))) (c)
is certified by the office of child care policy licensor as providing a safe
passenger loading area; (((4))) (d) include signage, if any, that
conforms to applicable regulations; and (((5))) (e) 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.
(3) A county or 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.
(4) Nothing in
this section shall be construed to prohibit a county or 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.
NEW SECTION. Sec. 6. A new section is added to chapter 74.15 RCW to read as follows:
For purposes of determining whether the capacity of a child day-care center operated primarily for the children of parents who are employed on the premises has been reached, the department shall not count children of parents who are visiting the business, so long as the number of such children is no greater than five at any single point in time.
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