Ordinance 3889 Urban Farming (2).pdfORDINANCE NO. 3889
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PORTIONS OF CHAPTER
20.20 OF THE EDMONDS COMMUNITY DEVELOPMENT
CODE RELATED TO URBAN FARMING.
WHEREAS, RCW 36.71.090 makes it lawful for any farmer, gardener, other person,
without license, to sell, deliver, or peddle any fruits, vegetables, berries, eggs, or any farm
produce or edibles raised, gathered, produced, or manufactured by such person; and
WHEREAS, RCW 36.71.090 prohibits cities from passing or enforcing any ordinance
prohibiting the sale by or requiring license from the producers and manufacturers of farm
produce and edibles; and
WHEREAS, the Edmonds City Council wishes to ensure that the city's ordinances
conform to state law; and
WHEREAS, it has been suggested that certain provisions in chapter 20.20 ECDC could
be interpreted to conflict with state law;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1, Chapter 20.20 of the Edmonds Community Development Code, entitled
"Home Occupations," is hereby amended to read as set forth in attachment A, which is attached
hereto and incorporated herein by this reference as if set forth in full (new text is shown in
underline; deleted text is shown in strike through).
Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 3. Efflective Date, This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum and shall take effect fiive (5)
days after passage and publication of an approved surnmary thereof consisting of the title.
ATTEST/AUTHENTICATED:
6
.........
TY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By
JEFF TARADAY
APP OVIM:
tp j"
MAYOR DAVID O. EARLING
FILED WITI-11-1-1E CITY CI,ERK: 06/15/2.012
PASSE'1) 13Y TI ]I-. CITY COUNCIL: 06/19/2012
PtJBI.,ISI-IEI): 06/24/2012
EFFF'.CTI VE DATE: 06/29/2012
ORDINANCE NO. 38,89,
SUMMARY OF ORDINANCE NO. 3889
ol'the City of Edmonds, Washington
On the 19"' clay of'June, 2012, the City Council of the City of Edmonds, passed
Ordinance No. 3,889, A sunimary ofthe content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE ary OF' EDMONDS,
WASHINGTON, AMENDING 71,113 PORTIONS OF
CHAPTE�*R 20.20 OF TIJE EDMONDS COTV1M(JNITY
DE'Vf"LOPMENT CODE RELATED TO tJRB,AN
1 .1
ARMING.
The fall text of this Ordinance will be mailed upon request.
DAITI) this 20"' day of" June, 2012.
4940-7251-8158, v I
3
L-0� . ..........
CITY CLERK, AND S. CHASE
Chapter 20.20
HOME OCCUPATIONS
Sections:
20.20.000
Purpose.
20.20.010
Home occupation.
20.20.020
General regulation.
20.20.030
Permit.
20.20.000 Purpose.
A home occupation is generally an economic enterprise operated within a dwelling unit, or buildings
accessory to the dwelling unit which are incidental and secondary to the residential use of the
dwelling unit, including the use of the dwelling unit as a business address in the phone directory or
as a post office mailing address. The purpose of this chapter is to allow residents to carry on home
occupations on their property while guaranteeing neighboring residents freedom from excessive
noise, excessive traffic, nuisance, fire hazard and other possible potential negative impacts from the
maintenance of a commercial use within a residential neighborhood. The purpose of this chapter is
to permit two types of home use occupations while prohibiting other commercial uses in residential
neighborhoods. Commercial enterprises employing only the residents of a structure which are
operated entirely within the structure are intended to be permitted activities. The city's community
sustainability element of the comprehensive plan encourages local business and reductions in the
city's overall greenhouse gas emissions, so this chapter seeks to encourage home-based work and
business activities while preserving the character of residentially zoned neighborhoods by limiting the
number of customers and employees permitted to visit the home occupation. [Ord. 3840 § 1, 2011].
20.20.010 Home occupation.
A home occupation may be conducted as a permitted secondary use in any residential zone of the
city subject to the following regulations:
A. A home occupation shall be a permitted use if it:
1. Is carried on exclusively by a family member residing in the dwelling unit; and
2. Is conducted entirely within the structures on the site, without any significant outdoor
activity; and
3. Uses no heavy equipment, power tools or power sources not common to a residence; and
4. Has no pickup or delivery by business related commercial vehicles which exceeds 20,000
pounds gross vehicle weight (except for the U.S. mail and standard UPS/FedEx sized delivery
vehicles); and
Attachment A
5. Creates no noise, dust, glare, vibration, odor, smoke or other impact adverse to a residential
area beyond that normally associated with residential use; and
6. Does not include any employees outside of the family members residing at the residence,
including but not limited to persons working at or visiting the subject property; and
7. Complies with all performance criteria established pursuant to ECDC 17.60.010; and
B. Does not park or store more than one commercial vehicle or any commercial vehicle over
10,000 pounds licensed gross vehicle weight per dwelling unit pursuant to ECDC 17.50.100.
B. A home occupation which does not meet one or more of the requirements of subsection (A) of this
section may be approved as a staff approval (Type II decision) if the home occupation will not harm
the character of the surrounding neighborhood as evidenced by meeting all of the following criteria:
1. The temporary and permanent keeping of animals associated with a home occupation must
comply with all provisions of Chapter 5.05 ECC, Animal Control, and ECDC Title 16; and
2. The home occupation will not include storage, display of goods, building materials and/or
the operation of building machinery, commercial vehicles or other tools, unless it meets all of
the following criteria:
a. Is wholly enclosed within a structure or building;
b. Does not emit noise, odor or heat; and
c. Does not create glare or emit light from the site in violation of the city's performance
criteria; and
3. Does not create a condition which injures or endangers the comfort, or pose health or safety
threats to persons on abutting properties or streets; and
4. Does not include visits to the site from more than one nonresident employee per day; and
5. Does not include visits from customers in excess of one vehicle per hour; and
6. Does not include visits from customers between the hours of 9:00 p.m. and 8:00 a.m.; and
7. If visits to the site are to be made by either an off-site employee or customer, on-site parking
shall be provided for at least three vehicles; and
8. No parking or storage is provided for more than one commercial vehicle or any commercial
vehicle over 10,000 pounds licensed gross vehicle weight per dwelling unit pursuant to ECDC
17.50.100.
C. Urban Farming..
1. "Urban farming" is defined as the display or sale of edible farm products or fresh produce
grown on-site.
2. A home occupation for urban farming not meeting the criteria of subsection (A) of this
section is a permitted secondary use in all residential
zones if it meets all of the criteria contained in subsection (B) of this section, except that:
a. Subsection (13)(5) of this section does not apply. An applicant for a home occupation
for the sale of on-site farm products or produce shall be required to submit a written
statement indicating coral liance with the applicable criteria of ECDC 20.20.010 B
accompanied by a site plan showing how any visitors to the site can be accommodated
without creating a traffic hazard or nuisance to adjoining properties.
b. The general prohibition of the display of goods and requiring the business to be wholly
enclosed within a building in subsection (13)(2) of this section do not apply to the display
or sale of edible farm products or produce, so long as the display is removed during
nonoperating hours.
D. Artist Studio.
1. An "artist studio" is defined as the display or sale of hand -made products (artwork) that are
produced on-site. Items or artwork created off-site are not included in this definition.
2. A home occupation for an artist studio not meeting the criteria of subsection (A) of this
section may be permitted as a Type II decision if it meets all of the criteria contained in
subsection (B) of this section, except that:
a. Subsection (13)(5) of this section does not apply. An applicant for a home occupation
for an artist studio shall be required to submit a site plan showing how any visitors to the
site can be accommodated without creating a traffic hazard or nuisance to adjoining
properties.
b. The display or sale of hand -made artwork shall remain completely enclosed within a
building pursuant to subsection (A)(2) of this section. [Ord. 3840 § 1, 2011 ].
20.20.020 General regulation.
A. Sale or Display of Goods. No goods shall be sold or rendered on the premises except instructional
materials pertinent to the home occupation (e.g., music books), or as described above in ECDC
20.20.010(C) for urban farming or ECDC 20.20.010(D) for artist studio. Display or storage of goods
outside the premises or in the window thereof is prohibited, except related to an urban farming
display located entirely on the subject property. Such farm or produce display shall be removed
during the hours it is not in operation.
B. Signs. A sign is permitted in conjunction with a home occupation approval and shall not exceed
four square feet in size. The sign area shall be calculated as part of, not in addition to, the total sign
area permitted on the site. A building permit and a Type II conditional use permit are required for any
proposed commercial signage in a residential zone. These permits are not required for a sign on a
disoiav utiiized for the sale of produce associated wu h an urban farm as provided f r in I CDC
20.20.010(C)(2)(b).
C. Reasons for Denial. A home occupation is a special exception to the zoning ordinance and the
applicant has the burden of persuasion that he/she comes within the stated purposes and criteria of
this chapter. The following are among common reasons for denial but are not intended to be
exclusive:
The on -street or on-site parking of trucks or other types of equipment associated with the
home occupation;
2. The littered, unkempt and otherwise poorly maintained condition of the dwelling site;
3. Visits to the site are made by more than one vehicle per hour, such as a contractor or
business operation that includes multiple employees meeting at the site to collect materials or
equipment that will be used at another location;
4. Noncompliance with the criteria of this chapter or conditions of approval or other provisions
of city ordinance; and/or
5. The proposal cannot be conditioned in order to meet the criteria and findings of the chapter,
[Ord. 3840 § 1, 2011 ].
20.20.030 Permit.
All permits for home occupations are personal to the applicant and shall not be transferred or
otherwise assigned to any other person. The permit will automatically expire when the applicant
named on the permit application moves from the site. The home occupation shall also automatically
expire if the permittee fails to maintain a valid business license or the business license is suspended
or revoked. The home occupation shall not be transferred to any site other than that described on the
application form. [Ord. 3840 § 1, 2011].
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COUNTY OF SNOHOMISH
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