AN ACT Relating to allowing small business establishments in residential zones;
Bill Description
Allowing small business establishments in residential zones.
What this bill does Powered by Legitron
This bill adds new sections to chapters 35.21 RCW (cities and towns) and 35A.21 RCW (code cities) to require cities, towns, and code cities to allow defined "neighborhood businesses" in any zone that allows residential uses, subject to conditions. The requirement is a change in land use law: it creates new statutory entitlements for certain small businesses to locate in residential zones and allows local regulations to ensure compatibility. Neighborhood businesses must meet gross floor area limits in the bill’s definitions and may not include drive-through facilities.
The bill defines four types of neighborhood businesses: small food-serving establishments (500–2,000 sq ft, outdoor seating limited to no more than 30% of gross floor area, may include alcohol), grocery or household retail (up to 10,000 sq ft), DCYF-licensed early childhood education programs (licensed capacity no more than 45 children for periods under 24 hours and subject to square footage requirements tied to licensed capacity), and small professional service firms (no more than three full-time equivalent employees and minimal noise/traffic). Cities may adopt regulations on hours of operation (but must allow at least 12 continuous hours except as related to early care and education programs), noise mitigation, signage, delivery timing and routing, location to minimize traffic congestion, and sale/consumption of alcohol so long as rules do not override existing licenses or exceed Liquor and Cannabis Board limits. The Department of Children, Youth, and Families may adopt rules to implement neighborhood-based child care and may waive or adapt licensing requirements for neighborhood-based early learning programs.
The text provided does not include an effective date or implementation timeline, specific RCW section numbers for the new sections, the specific square footage-per-child formula or numbers for childcare beyond the licensed capacity limit, full explanation of the hours-of-operation exception for early care and education programs, or enforcement and permitting procedures cities must follow.
Why it matters Powered by Legitron
If enacted, cities, towns, and code cities would have to allow small "neighborhood businesses" to operate in any residential zone so long as they meet size limits (for example food service 500–2,000 sq ft, retail up to 10,000 sq ft, professional services with no more than three full‑time equivalent employees, no drive‑throughs) and businesses must be allowed at least 12 continuous hours of operation (with a stated exception for early care/education). Practical effects: local governments will need to change zoning and permitting practices to accept these uses in residential areas, and neighborhood entrepreneurs—cafes, small grocers, small offices, and small licensed child care programs—will have new opportunities to open in homes or former residences; cities can still limit things like noise, signage, delivery routes, and alcohol sales within the listed constraints.
The Department of Children, Youth, and Families could ease licensing for neighborhood child care, which may lower barriers and increase small child care providers, but the text does not state the square‑footage formula per child or an effective date. There is no new funding identified, so local planning and permitting offices and DCYF may need to absorb workload or costs. Key implementation details are missing: how and when the changes take effect, the exact childcare space requirements, and specific permitting or enforcement procedures.