BILL REQ. #:  H-4358.1 

Read first time 01/26/2004.   Referred to Committee on Local Government.

     AN ACT Relating to accessory dwelling units in rural counties; and amending RCW 43.63A.215.

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

Sec. 1   RCW 43.63A.215 and 1993 c 478 s 7 are each amended to read as follows:
     (1) The department shall, in consultation with the affordable housing advisory board created in RCW 43.185B.020, report to the legislature on the development and placement of accessory apartments. The department shall produce a written report by December 15, 1993, which:
     (a) Identifies local governments that allow the siting of accessory apartments in areas zoned for single-family residential use; and
     (b) Makes recommendations to the legislature designed to encourage the development and placement of accessory apartments in areas zoned for single-family residential use.
     (2) The recommendations made under subsection (1) of this section shall not take effect before ninety days following adjournment of the 1994 regular legislative session.
     (3) Unless provided otherwise by the legislature, by December 31, 1994, local governments shall incorporate in their development regulations, zoning regulations, or official controls the recommendations contained in subsection (1) of this section. The accessory apartment provisions shall be part of the local government's development regulation, zoning regulation, or official control. To allow local flexibility, the recommendations shall be subject to such regulations, conditions, procedures, and limitations as determined by the local legislative authority.
     (4)(a) Any local government in a rural county may authorize the construction and use of one single-family residence and one accessory dwelling unit for each parcel in designated rural and resource lands.
     (b) A local government authorizing the construction and use of accessory dwelling units as provided by this section shall adopt additional regulations, conditions, procedures, and other limitations it deems necessary to protect rural character, environmentally sensitive areas, and open space, and to conserve the capacity of resource lands for commercial resource production.
     (c) An accessory dwelling unit shall not be considered a separate dwelling unit for density calculation purposes.
     (5) As used in this section((,)):
     (a) "Local government" means:
     (((a))) (i) A city or code city with a population that exceeds twenty thousand;
     (((b))) (ii) A county that is required to or has elected to plan under the state growth management act; and
     (((c))) (iii) A county with a population that exceeds one hundred twenty-five thousand.
     (b) "Accessory dwelling unit" means a structure or living unit that is accessory to the principal single-family residence and provides the basic requirements of sleeping quarters, kitchen facilities, and sanitation. The accessory dwelling unit can be internal to, attached to, or detached from the principal single-family residence.
     (c) "Rural county" has the same meaning as provided in RCW 43.168.020(7).