Read first time 01/13/23.Referred to Committee on Local Government, Land Use & Tribal Affairs.

AN ACT Relating to establishing limitations on detached accessory dwelling units outside urban growth areas; amending RCW 36.70A.696; and adding a new section to chapter 36.70A RCW.

NEW SECTION. Sec. 1. A new section is added to chapter 36.70A RCW to read as follows:

(1) Counties may allow detached accessory dwelling units outside of urban growth areas if such detached accessory dwelling units are subject to development regulations that include the following limitations:

(a) No parcel shall have more than one detached accessory dwelling unit.

(b) The detached accessory dwelling unit is subject to the water supply requirements of RCW 19.27.097.

(c) The applicant must provide documentation that the existing or proposed sewage or septic system is capable of handling the additional demand placed upon it by the detached accessory dwelling unit.

(d) The floor area of the detached accessory dwelling unit does not exceed the floor area of what could be authorized by the county as an expansion of the primary dwelling to create an attached accessory dwelling unit, but not greater than 1,296 square feet. Floor areas shall be exclusive of garages, porches, and unfinished basements.

(e) The detached accessory dwelling unit shall be constructed such that exterior materials, roof form, window spacing, and proportions approximate those of the primary dwelling, except if the detached accessory dwelling unit is a mobile or manufactured home.

(f) The detached accessory dwelling unit shall utilize the same driveway as the primary dwelling.

(2) Subsection (1) of this section is cumulative to other county authority enumerated in this chapter and does not:

(a) Affect or modify the validity of any county ordinance authorizing accessory dwelling units adopted prior to the effective date of this section;

(b) Exclude other means of authorizing accessory dwelling units in urban or rural areas, if consistent with this act; or

(c) Exclude other innovative techniques under RCW 36.70A.070(5)(b), 36.70A.090, or 36.70A.177, if consistent with this act.

Sec. 2. RCW 36.70A.696 and 2021 c 306 s 2 are each amended to read as follows:

The definitions in this section apply throughout RCW 36.70A.697 ((and)), 36.70A.698, and section 1 of this act unless the context clearly requires otherwise.

(1) "Accessory dwelling unit" means a dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit.

(2) "Attached accessory dwelling unit" means an accessory dwelling unit located within or attached to a single-family housing unit, duplex, triplex, townhome, or other housing unit.

(3) "City" means any city, code city, and town located in a county planning under RCW 36.70A.040.

(5) "Detached accessory dwelling unit" means an accessory dwelling unit that consists partly or entirely of a building that is separate and detached from a single-family housing unit, duplex, triplex, townhome, or other housing unit and is on the same property.

(6) "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.

(a) A stop on a high capacity transportation system funded or expanded under the provisions of chapter 81.104 RCW;

(d) Stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes; or

(e) Stops for a bus or other transit mode providing actual fixed route service at intervals of at least ((fifteen))15 minutes for at least five hours during the peak hours of operation on weekdays.

(8) "Owner" means any person who has at least 50 percent ownership in a property on which an accessory dwelling unit is located.

(9) "Short-term rental" means a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or portion thereof, is offered or provided to a guest by a short-term rental operator for a fee for fewer than 30 consecutive nights.