Kit home siting

AN ACT Relating to siting kit homes; amending RCW 35A.63.100 and 1
35.63.170; adding a new section to chapter 35.63 RCW; and adding a 2
new section to chapter 36.70 RCW. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 35A.63.100 and 2018 c 302 s 4 are each amended to 5
read as follows: 6
After approval of the comprehensive plan in accordance with 7
provisions of this chapter, the legislative body, in developing the 8
municipality and in regulating the use of land, may implement or give 9
effect to the comprehensive plan or parts thereof by ordinance or 10
other action to such extent as the legislative body deems necessary 11
or appropriate. Such ordinances or other action may provide for:12
(1) Adoption of an official map and regulations relating thereto 13
designating locations and requirements for one or more of the 14
following: Streets, parks, public buildings, and other public 15
facilities, and protecting such sites against encroachment by 16
buildings and other physical structures. 17
(2)(a)(i) Dividing the municipality, or portions thereof, into 18
appropriate zones within which specific standards, requirements, and 19
conditions may be provided for regulating: The use of public and 20
private land, buildings, and structures; the location, height, bulk, 21
S-0216.1
SENATE BILL 5249
State of Washington 69th Legislature 2025 Regular Session
By Senators J. Wilson and Chapman
Read first time 01/14/25. Referred to Committee on Housing.
p. 1 SB 5249
number of stories, and size of buildings and structures; size of 1
yards, courts, and open spaces; density of population; ratio of land 2
area to the area of buildings and structures; setbacks; area required 3
for off-street parking; protection of access to direct sunlight for 4
solar energy systems; and such other standards, requirements, 5
regulations, and procedures as are appropriately related thereto.6
(ii) Eliminating the minimum gross floor area requirements for 7
single-family detached dwellings or reducing the requirements below 8
the minimum performance standards and objectives contained in the 9
state building code. 10
(iii) Permitting the use of structures which have been 11
constructed in a factory and designed to sufficient life, health, and 12
safety standards to be utilized as temporary housing. For the 13
purposes of this subsection, "temporary" means the duration of any 14
manufacturer's warranty for such prebuilt housing. These structures 15
may be assembled on-site with or without a permanent foundation.16
(b) The ordinance encompassing the matters of this subsection (2) 17
is hereinafter called the "zoning ordinance." No zoning ordinance, or 18
amendment thereto, shall be enacted by the legislative body without 19
at least one public hearing, notice of which shall be given as set 20
forth in RCW 35A.63.070. Such hearing may be held before the planning 21
agency or the board of adjustment or such other body as the 22
legislative body shall designate. 23
(3) Adoption of design standards, requirements, regulations, and 24
procedures for the subdivision of land into two or more parcels, 25
including, but not limited to, the approval of plats, dedications, 26
acquisitions, improvements, and reservation of sites for public use.27
(4) Scheduling public improvements on the basis of recommended 28
priorities over a period of years, subject to periodic review.29
(5) Such other matters as may be otherwise authorized by law or 30
as the legislative body deems necessary or appropriate to effectuate 31
the goals and objectives of the comprehensive plan or parts thereof 32
and the purposes of this chapter. 33
NEW SECTION. Sec. 2. A new section is added to chapter 35.63 34
RCW to read as follows: 35
Cities may site kit homes in any zones or areas that allow 36
single-family or other residential uses as well as in any other 37
limited development space for the intention of providing emergency 38
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housing. Kit homes may be permitted for a limited time based on the 1
manufacturer warranty and placed with or without a foundation.2
Sec. 3. RCW 35.63.170 and 1989 c 335 s 3 are each amended to 3
read as follows: 4
Unless the context clearly requires otherwise, the definitions in 5
this section apply throughout RCW 35.22.660, 35.63.180, 35A.63.210, 6
36.32.520, and 36.70.675: 7
(1) "Family day care home" means a person regularly providing 8
care during part of the twenty-four-hour day to six or fewer children 9
in the family abode of the person or persons under whose direct care 10
the children are placed. 11
(2) "Mini-day care center" means a person or agency providing 12
care during part of the twenty-four-hour day to twelve or fewer 13
children in a facility other than the family abode of the person or 14
persons under whose direct care the children are placed, or for the 15
care of seven through twelve children in the family abode of such 16
person or persons. 17
(3) "Day care center" means a person or agency that provides care 18
for thirteen or more children during part of the twenty-four-hour 19
day. 20
(4) "Child care facility" means a family day care home, mini-day 21
care center, and day care center. 22
(5) "Kit homes" means structures designed and constructed in a 23
factory to sufficient life, health, and safety standards to be 24
utilized as housing for the length of the manufacturer's warranty, 25
and to be assembled on-site with or without a permanent foundation.26
NEW SECTION. Sec. 4. A new section is added to chapter 36.70 27
RCW to read as follows: 28
(1) Counties may permit kit homes in zones or areas designated 29
residential. In areas not zoned for permanent housing, but in which 30
temporary housing is needed, counties may permit either the 31
construction or placement, or both, of kit homes. 32
(2) For the purpose of this section, "kit homes" means structures 33
designed and constructed in a factory to sufficient life, health, and 34
safety standards to be utilized as housing for the length of the 35
p. 3 SB 5249
manufacturer warranty, and to be assembled on-site with or without a 1
permanent foundation. 2
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