(1) Except as provided in subsections (2) and
(3) of this section, no county may enact, enforce, or maintain an
ordinance, development regulation, zoning regulation, or official
control, policy, or administrative practice that prohibits the
use of a residential dwelling, located in an area zoned for
residential or commercial use, as a family day-care provider's
facility serving twelve or fewer children.
(2) A county may require that the facility: (a) Comply with
all building, fire, safety, health code, and business licensing
requirements; (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; (c)
is certified by the department of early learning licensor as
providing a safe passenger loading area; (d) include signage, if
any, that conforms to applicable regulations; and (e) limit hours
of operations to facilitate neighborhood compatibility, while
also providing appropriate opportunity for persons who use family
day-care who work a nonstandard work shift.
(3) A county may also require that the family day-care
provider, before state licensing, require proof of written
notification by the provider that the immediately adjoining
property owners have been informed of the intent to locate and
maintain such a facility. If a dispute arises between neighbors
and the day-care provider over licensing requirements, the
licensor may provide a forum to resolve the dispute.
(4) This section may not be construed to prohibit a county
from imposing zoning conditions on the establishment and
maintenance of a family day-care provider's home serving twelve
or fewer children in an area zoned for residential or commercial
use, if the conditions are no more restrictive than conditions
imposed on other residential dwellings in the same zone and the
establishment of such facilities is not precluded. As used in
this section, "family day-care provider" is as defined in RCW 43.215.010.
[2007 c 17 § 12; 2003 c 286 § 2.]