BILL REQ. #:  H-2736.2 

Read first time 04/14/2005.   Referred to Committee on Local Government.

     AN ACT Relating to increasing affordable rental housing through accessory dwelling units; amending RCW 36.70A.400, 35.63.210, 35A.63.230, and 36.70.677; and creating a new section.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that there is a large, unmet need for affordable housing in the cities and counties of Washington that is increasing every year. The legislature further finds that at the same time households in many single-family residential areas are shrinking in size as people are living longer, staying single longer, and having fewer children, resulting in a considerable amount of underutilized space within single-family houses and on single-family lots. More household budgets are stretched thin, and many older property owners have increasing difficulty in paying for health care services, home maintenance, and other costs. The legislature further finds that the growth management act requires increased densities in single-family areas, and the rising costs of public facilities to accommodate growth coupled with insufficient revenues available for such facilities make infill within existing developed areas an economic necessity. The legislature concludes that the expanded creation of accessory dwelling units within urban growth areas has significant potential to provide much-needed affordable rental housing while also providing resources to existing property owners and their communities.
     (2) The legislature declares that it is the purpose of this act to: (a) Increase the supply of affordable housing without government subsidies or the provision of additional public facilities; (b) encourage moderately priced rental housing in single-family neighborhoods and increase housing opportunities for people in a variety of life cycle stages; and (c) provide homeowners with options to use their property to provide extra income to meet rising costs, close proximity of family members or caregivers, and increased security and companionship.
     (3) The legislature further declares that it is the policy of this state to promote and encourage the creation of accessory dwelling units in a manner that is effective in meeting needs of its citizens for affordable housing while protecting and enhancing residential neighborhoods.

Sec. 2   RCW 36.70A.400 and 1993 c 478 s 11 are each amended to read as follows:
     ((Any local government, as defined in RCW 43.63A.215, that is planning under this chapter shall comply with RCW 43.63A.215(3).))
     (1) It is the policy of this state to promote and encourage the creation of accessory dwelling units in a manner that is effective in meeting the needs of its citizens for affordable housing while protecting and enhancing residential neighborhoods.
     (2) The following definitions apply in this section:
     (a) "Accessory dwelling unit" means a dwelling unit that has been created: (i) Within a single-family housing unit or in its garage or other accessory building such as an accessory apartment; or (ii) as a separate structure on the same lot as a single-family housing unit, either detached from or attached to the principal housing unit such as an accessory cottage.
     (b) "Dwelling unit" means a residential living unit that provides complete independent living facilities for one or more persons and that includes permanent provisions for living, sleeping, eating, cooking, and sanitation.
     (c) "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
     (3) All cities, towns, and counties planning under RCW 36.70A.040 shall adopt or amend by ordinance and incorporate into their development regulations, zoning regulation, or other official control an authorization for the creation of accessory dwelling units that is consistent with this section. Any other city, town, or county may adopt an ordinance authorizing accessory dwelling units consistent with this section. The legislative body of a city, town, or county may adopt or amend an ordinance authorizing the creation of accessory dwelling units only after the legislative body has adopted or amended the housing element of its comprehensive plan, if necessary, to include a policy for accessory dwelling units that is consistent with this section.
     (4) All accessory dwelling unit ordinances adopted or amended as required by this section:
     (a) Shall allow accessory dwelling units as provided for in the ordinance in all single-family residential zoning districts;
     (b) Shall provide for accessory dwelling units that are contained within, attached to, or detached from the principal residence on the property; that is, shall provide for both accessory apartments and accessory cottages;
     (c) Shall not include restrictions on the type of occupant living in an accessory dwelling unit nor require a relationship to the occupant of the principal residence on the property, but may include a restriction on the maximum number of occupants of an accessory dwelling unit;
     (d) May set a reasonable range of floor area to be allowed for accessory dwelling units, in square feet or ratio to the principal residence on the property, or both, provided that written findings be included indicating that the range of floor area reasonably approximates the size range of one-bedroom apartments within or nearby the city, town, or county;
     (e) May include a requirement for the provision of off-street parking for the accessory dwelling unit, up to a maximum of one space, and may include a procedure for waiver of this requirement;
     (f) Shall provide that applications for the creation of accessory dwelling units are processed, including review and decision, solely through administrative procedures subject to clearly defined standards;
     (g) Shall require that the applicable department within the jurisdiction prepare and publish clear procedures and standards not inconsistent with this section that shall apply to the review of and decisions on applications for accessory dwelling units;
     (h) May include provisions for the registration of accessory dwelling units within the jurisdiction that were created before any authorizing ordinance or were otherwise not permitted as accessory dwelling units by the applicable jurisdiction;
     (i) Shall require that a registration or other form of statement concerning each permitted accessory dwelling unit be filed with the applicable county department of records and elections for the real estate records on the subject property; and
     (j) Shall require that the building, planning, or other official of the city, town, or county report annually to the legislative body regarding the permitting and registration of accessory dwelling units.
     (5) All accessory dwelling units authorized by ordinances adopted or amended pursuant to this section shall conform to all applicable standards in the building, electrical, plumbing, mechanical, fire, health, and other applicable codes in the subject jurisdiction. Any city, town, or county may adopt alternate standards, or modify or waive any existing code standards, to apply to accessory dwelling units for the purpose of facilitating development of such units. However, no city, town, or county may adopt, amend, or interpret other codes or regulations, including but not limited to building and related codes or special taxing district provisions, in a manner that interferes with the intent or implementation of this section or any ordinance adopted or amended thereunder.
     (6) The department of community, trade, and economic development shall within one year after the effective date of this act prepare and distribute to cities, towns, and counties that are subject to this section a model accessory dwelling unit ordinance that is consistent with this section. Each city, town, and county shall submit a copy of its accessory dwelling unit ordinance adopted or amended pursuant to this section to the department within thirty days after adoption or amendment. The department shall maintain copies of the submitted ordinances and shall report to the legislature each biennial session concerning the cities, towns, and counties that have adopted or amended such ordinances.

Sec. 3   RCW 35.63.210 and 1993 c 478 s 8 are each amended to read as follows:
     Any local government, as defined in RCW 43.63A.215, that is planning under this chapter shall comply with RCW 43.63A.215(3). Any city, town, or county that is subject to RCW 36.70A.400 and is planning under this chapter shall comply with RCW 36.70A.400.

Sec. 4   RCW 35A.63.230 and 1993 c 478 s 9 are each amended to read as follows:
     Any local government, as defined in RCW 43.63A.215, that is planning under this chapter shall comply with RCW 43.63A.215(3). Any city, town, or county that is subject to RCW 36.70A.400 and is planning under this chapter shall comply with RCW 36.70A.400.

Sec. 5   RCW 36.70.677 and 1993 c 478 s 10 are each amended to read as follows:
     Any local government, as defined in RCW 43.63A.215, that is planning under this chapter shall comply with RCW 43.63A.215(3). Any city, town, or county that is subject to RCW 36.70A.400 and is planning under this chapter shall comply with RCW 36.70A.400.