Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Local Government Committee

HB 2890

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Summary of Bill

Prohibits counties, cities, and towns from barring boarding homes from locating in an area zoned for residential or commercial use.

Background:

Counties, cities, and towns (local governments) may use a variety of means to regulate what property can be used for in the jurisdiction. Through zoning and development regulations, local governments can permit or prohibit certain land uses within a given area. Other local government policies and procedures can effectively prohibit certain uses entirely.

Local governments are, however, prohibited from restricting or preventing certain property uses. For example, a local government may not prohibit a family day-care provider's home facility from operating in an area zoned for residential or commercial use.

Summary of Bill:

A boarding home is a residence or other institution located in a residential zone that is maintained to provide board, domiciliary care, and other services for between seven and 16 unrelated permanent residents, and which assumes general responsibility for the safety and wellbeing of the residents. No local government may prohibit the use of a residential home in an area zoned for residential or commercial use, from being used as a boarding home. A local government may enforce generally-applicable regulations, such as fire and safety regulations, on a boarding home, but these regulations may be no more restrictive that the regulations imposed on other residential homes in the same area and the regulations may not preclude the operation of a boarding home.