H-4699.3

SUBSTITUTE HOUSE BILL 2890

ByHouse Local Government (originally sponsored by Representative MacEwen)

AN ACT Relating to boarding homes; and adding a new section to chapter 36.70 RCW.

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

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

(1) A county may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that authorizes the use of a residential dwelling, located in an area zoned for residential or commercial use, as a boarding home.

(2) A county may require that a boarding home:

(a) Comply with all building, fire, safety, health code, and business licensing requirements; and

(b) Conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure.

(3) A county may also require that the boarding home provider provide proof of written notification by the provider to the immediately adjoining property owners, informing the property owners of the intent to locate and maintain such a facility.

(4) Nothing in this section shall be construed to prohibit a county from imposing zoning or other conditions on the establishment and maintenance of a boarding home in an area zoned for residential or commercial use, including, but not limited to, restrictions on the number of residents.

(5) As used in this section, "boarding home" means any home or other institution, which provide board and domiciliary care, housing, and basic services in exchange for a fee or charge to up to sixteen unrelated permanent residents, and which assumes general responsibility for the safety and well-being of the residents in a residential structure located in an urban or rural residential zone. In order to qualify as a boarding home under this section, at least eighty percent of the permanent resident boarders must be fifty-five years of age or older. A boarding home may be located adjacent to other boarding homes.

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