wa-law.org > bill > 2023-24 > SB 5235 > Substitute Bill
The legislature finds that there is a shortage of affordable housing units available for home ownership or long-term rental within most urban growth areas of the state. This lack of affordable housing forces many residents to spend more than 30 percent of their household income on housing, greatly increasing housing insecurity and contributing to the state's crisis of unacceptable numbers of persons experiencing homelessness. Increasing the availability of accessory dwelling units, also referred to as "ADUs," may increase opportunities for people to age in their own home and increase multigenerational family ties along with offering opportunities to reduce intergenerational poverty by increasing home ownership. The legislature finds that accessory dwelling units can be one way to add affordable long-term housing and to provide a needed increase in housing density within urban growth areas with benefits to reducing fossil fuel use and other contributions to climate change due to housing and transportation patterns. The legislature seeks to encourage accessory dwelling unit availability as a modest housing option by streamlining local government regulations that may unintentionally make accessory dwelling units less economical. Since residents in a region may be choosing between cities, it is important to acknowledge that one city cannot build affordability on its own. An expansion in supply of affordable housing in a small city, but not neighboring cities, may satisfy some of the demand for affordable housing, but without a regional strategy, small cities will not be able to build affordability on their own. Statewide action is needed. Furthermore, the legislature finds that research from several cities shows that when accessory dwelling units are built or that are converted and offered for short-term rental for tourists and business visitors, they may not improve housing affordability. Therefore, it is the intent of the legislature to meet these important policy goals by increasing the availability of accessory dwelling units as modest housing options, limiting the restrictions that can be imposed on the development and use of accessory dwelling units within urban growth areas, and authorizing local governments to adopt programs to incentivize or reduce local government-imposed cost or time related obstacles to the development of accessory dwelling units when the accessory dwelling units will be utilized for long-term housing.
The comprehensive plan of a county or city that is required or chooses to plan under RCW 36.70A.040 shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be consistent with the future land use map. A comprehensive plan shall be adopted and amended with public participation as provided in RCW 36.70A.140. Each comprehensive plan shall include a plan, scheme, or design for each of the following:
The definitions in this section apply throughout RCW 36.70A.697 and 36.70A.698 unless the context clearly requires otherwise.
"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.
"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. An attached accessory dwelling unit must have a substantial portion of its footprint within the other housing unit, and must share structural elements with the other unit.
"City" means any city, code city, and town located in a county planning under RCW 36.70A.040.
"County" means any county planning under RCW 36.70A.040.
"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.
"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.
"Major transit stop" means:
A stop on a high capacity transportation system funded or expanded under the provisions of chapter 81.104 RCW;
Commuter rail stops;
Stops on rail or fixed guideway systems, including transitways;
Stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes; or
Stops for a bus or other transit mode providing actual fixed route service at intervals of no greater than 15 minutes for at least five hours during the peak hours of operation on weekdays.
8.
"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.
Cities and counties must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations, and other official controls the requirements of RCW 36.70A.698 to take effect by the time of the city's or county's next comprehensive plan update after July 1, 2021.
Beginning after the deadline in subsection (1) of this section, the requirements of RCW 36.70A.698:
Apply and take effect in any city or county that has not adopted or amended ordinances, regulations, or other official controls as required under this section; and
Supersede, preempt, and invalidate any local development regulations that conflict with RCW 36.70A.698.
Cities and counties may not prohibit the construction of accessory dwelling units on residentially zoned lots within urban growth areas.
When regulating accessory dwelling units, cities and counties may not:
Impose a limit on accessory dwelling units of fewer than one attached and one detached accessory dwelling unit on a lot zoned for residential use with a total square footage of more than 4,500 square feet, unless the lot is otherwise zoned to allow:
At least two dwelling units, in which case at least one additional attached or detached accessory dwelling unit must be allowed;
At least three dwelling units;
Impose a limit on accessory dwelling units of fewer than one attached or one detached accessory dwelling unit on a lot zoned for residential use with a total square footage of less than 4,500 square feet, unless the lot is otherwise zoned to allow at least two dwelling units;
Impose any prohibition of the sale or other conveyance of a condominium unit independently of a principal unit that is based solely on the grounds that the condominium unit was originally built as an accessory dwelling unit, provided that the condominium unit is served by utilities that are independent of the principal unit;
Impose any owner occupancy requirements on any housing or dwelling unit on a lot containing an accessory dwelling unit. A city or county may retain an owner occupancy requirement if:
An accessory dwelling unit on the lot is offered or used for short-term rental as defined in RCW 36.70A.696; or
The city or county administers a general program, begun prior to December 31, 2022, offering the waiver or reduction of impact fees and costs associated with accessory dwelling unit construction, if the units are offered at or below 80 percent of the area median income;
Require the provision of off-street parking for accessory dwelling units within one-quarter mile of a major transit stop, except that a city or county may require the provision of off-street parking for such an accessory dwelling unit if the city or county makes a determination, supported by evidence, that the accessory dwelling unit is in an area that would make on-street parking infeasible or unsafe for the accessory dwelling unit; or
Apply other development regulations to the construction of accessory dwelling units that are more restrictive than regulations on single-family or other residential developments.
Regulations that may be applied to accessory dwelling units by cities and counties include:
Generally applicable development regulations;
Public health, safety, building code, and environmental permitting requirements, including regulations to protect ground and surface waters from on-site wastewater, that would be applicable to a principal unit;
A prohibition on the construction of accessory dwelling units on lots that are not connected to or served by public sewers;
A prohibition or restriction on the construction of accessory dwelling units in residential zones with a density of one dwelling unit per acre or less that are within areas designated as wetlands, fish and wildlife habitats, floodplains, or geologically hazardous areas.
This section and section 4 of this act apply only within urban growth areas required by this chapter.
To encourage the use of accessory dwelling units for long-term housing, cities and counties may adopt ordinances, development regulations, and other official controls which waive or defer fees, including impact fees; defer the payment of taxes; or waive specific regulations. Cities and counties may only offer such reduced or deferred fees, deferred taxes, waivers, or other incentives for the development or construction of accessory dwelling units if such units are subject to effective binding commitments or covenants that the units will not be regularly offered for short-term rental.
No restrictive covenant or deed restriction created after the effective date of this section and applicable to a property located within an urban growth area may impose any restriction or prohibition on the construction, development, or use on a lot of an accessory dwelling unit that the city or county in which the urban growth area is located would be prohibited from imposing under RCW 36.70A.698.
A city or county issuing a permit for the construction of an accessory dwelling unit may not be held civilly liable on the basis that the construction of the accessory dwelling unit would violate a restrictive covenant or deed restriction that was created after the effective date of this section and that is contrary to subsection (1) of this section.