[atlas:bill]

AN ACT Relating to manufactured housing; amending RCW 35.63.110, 35.63.160, 35A.63.100, 35A.63.145, and 36.70.750; adding a new section to chapter 36.70A RCW; creating a new section; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that limiting competition for housing types, manufacturing methods, and housing designs stifles housing choices, arbitrarily reduces competition, and increases costs which in turn reduces housing affordability. These restrictions on the siting of manufactured housing go beyond regulations needed to adequately protect the life and safety of the citizens of the state. The legislature further finds that manufactured housing built to federal standards should not be prohibited or restrained beyond restraints or prohibitions placed on site-built single-family residences, either through personal or public restrictions, and that any such restrictions are contrary to the public policy of the state that encourages housing affordability and consumer choice absent restraint of trade by private or public entities.

Sec. 2. RCW 35.63.110 and 1965 c 7 s 35.63.110 are each amended to read as follows:

For any or all of such purposes the council or board, on recommendation of its commission, may divide the municipality or any portion thereof into districts of such size, shape and area, or may establish such official maps, or development plans for the whole or any portion of the municipality as may be deemed best suited to carry out the purposes of this chapter and within such districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures, or land.

However, in any zoning district for single-family residences, single-family designated manufactured homes, as defined in RCW 35.63.160, that are thermally equivalent to the state energy code, and new manufactured homes, as defined in RCW 35.63.160, shall be sited on individual lots subject only to land use regulations applicable to all other single-family residences on individual lots in such districts. This section does not prevent the adoption of home design regulations to assure neighborhood compatibility provided such regulations apply equally to homes regulated under the state building code and designated manufactured homes and new manufactured homes, as defined in RCW 35.63.160.

Sec. 3. RCW 35.63.160 and 1988 c 239 s 1 are each amended to read as follows:

(1) ((Each comprehensive plan which does not allow for the siting of manufactured homes on individual lots shall be subject to a review by the city of the need and demand for such homes. The review shall be completed by December 31, 1990.

~~(2) For the purpose of providing an optional reference for cities which choose to allow manufactured homes on individual lots,~~)) A "designated manufactured home" is a manufactured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which:

(a) Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long;

(b) Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of ((~~not less than~~)) nominal 3:12 pitch; and

(c) Has exterior siding similar in appearance to siding materials commonly used on conventional site-built uniform building code single-family residences.

(2) "New manufactured home" means any manufactured home required to be titled under Title 46 RCW, which has not been previously titled to a retail purchaser, and is not a "used mobile home" as defined in RCW 82.45.032(2).

(3) Nothing in this section precludes cities from allowing any manufactured home from being sited on individual lots through local standards which differ from the designated manufactured home or new manufactured home as described in this section, except that the term "designated manufactured home" and "new manufactured home" shall not be used except as defined in subsections (1) and (2) of this section.

Sec. 4. RCW 35A.63.100 and 1979 ex.s. c 170 s 8 are each amended to read as follows:

After approval of the comprehensive plan, as set forth above, the legislative body, in developing the municipality and in regulating the use of land, may implement or give effect to the comprehensive plan or parts thereof by ordinance or other action to such extent as the legislative body deems necessary or appropriate. Such ordinances or other action may provide for:

(1) Adoption of an official map and regulations relating thereto designating locations and requirements for one or more of the following: Streets, parks, public buildings, and other public facilities, and protecting such sites against encroachment by buildings and other physical structures.

(2) Dividing the municipality, or portions thereof, into appropriate zones within which specific standards, requirements, and conditions may be provided for regulating the use of public and private land, buildings, and structures, and the location, height, bulk, number of stories, and size of buildings and structures, size of yards, courts, open spaces, density of population, ratio of land area to the area of buildings and structures, setbacks, area required for off-street parking, protection of access to direct sunlight for solar energy systems, and such other standards, requirements, regulations, and procedures as are appropriately related thereto. The ordinance encompassing the matters of this subsection is hereinafter called the "zoning ordinance". No zoning ordinance, or amendment thereto, shall be enacted by the legislative body without at least one public hearing, notice of which shall be given as set forth in RCW 35A.63.070. Such hearing may be held before the planning agency or the board of adjustment or such other body as the legislative body shall designate.

However, in any zoning district for single-family residences, single-family designated manufactured homes, as defined in RCW 35A.63.145, that are thermally equivalent to the state energy code, and new manufactured homes, as defined in RCW 35.63.160, shall be sited on individual lots subject only to land use regulations applicable to all other single-family residences on individual lots in such districts. This section does not prevent the adoption of home design regulations to assure neighborhood compatibility provided such regulations apply equally to homes regulated under the state building code and designated manufactured homes and new manufactured homes, as defined in RCW 35A.63.145.

(3) Adoption of design standards, requirements, regulations, and procedures for the subdivision of land into two or more parcels, including, but not limited to, the approval of plats, dedications, acquisitions, improvements, and reservation of sites for public use.

(4) Scheduling public improvements on the basis of recommended priorities over a period of years, subject to periodic review.

(5) Such other matters as may be otherwise authorized by law or as the legislative body deems necessary or appropriate to effectuate the goals and objectives of the comprehensive plan or parts thereof and the purposes of this chapter.

Sec. 5. RCW 35A.63.145 and 1988 c 239 s 2 are each amended to read as follows:

(a) Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long;

(b) Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of ((~~not less than~~)) nominal 3:12 pitch; and

(c) Has exterior siding similar in appearance to siding materials commonly used on conventional site-built uniform building code single-family residences.

Sec. 6. RCW 36.70.750 and 1963 c 4 s 36.70.750 are each amended to read as follows:

Any board, by ordinance, may establish classifications, within each of which, specific controls are identified, and which will:

(1) Regulate the use of buildings, structures, and land as between agriculture, industry, business, residence, and other purposes.

However, in any zoning district for single-family residences, single-family designated manufactured homes, as defined in RCW 35.63.160, that are thermally equivalent to the state energy code, and new manufactured homes, as defined in RCW 35.63.160, shall be sited on individual lots subject only to land use regulations applicable to all other single-family residences on individual lots in such districts. This subsection does not prevent the adoption of home design regulations to assure neighborhood compatibility provided such regulations apply equally to homes regulated under the state building code and designated manufactured homes and new manufactured homes, as defined in RCW 35.63.160;

(2) Regulate location, height, bulk, number of stories and size of buildings and structures; the size of yards, courts, and other open spaces; the density of population; the percentage of a lot which may be occupied by buildings and structures; and the area required to provide off-street facilities for the parking of motor vehicles.

NEW SECTION. Sec. 7. A new section is added to chapter 36.70A RCW to read as follows:

Any city or county that plans or elects to plan under this chapter must allow in any zoning district for single-family residences (1) single-family designated manufactured homes as defined in RCW 35.63.160 or 35A.63.145, that are thermally equivalent to the state energy code, (2) manufactured homes as defined in RCW 43.63B.010, and (3) new manufactured homes as defined in RCW 35.63.160 or 35A.63.145, to be sited on individual lots subject only to land use regulations applicable to all other single-family residences on individual lots in such districts. This section does not prevent the adoption of home design regulations to assure neighborhood compatibility provided such regulations apply equally to homes regulated under the state building code and designated manufactured homes, manufactured homes, and new manufactured homes as defined in RCW 43.63B.010, 35.63.160, or 35A.63.145.

NEW SECTION. Sec. 8. This act takes effect January 1, 2003.