Ordinance 25830006.
WSS/naa
09/11/86
R: 09/16/86
ORDINANCE NO. 2583
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING ECDC CHAPTER 20.20 RELATING TO HOME
OCCUPATION PERMITS TO ADD A NEW SECTION 20.20.015
PROVIDING FOR PROHIBITED HOME OCCUPATIONS AND
DEFINING THE SAME BY MEANS OF A REBUTTABLE PRE-
SUMPTION, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE
WHEREAS, the Planning Board of the City of Edmonds
after a public hearing has made its recommendation to the City
Council that the home occupation permits section be amended to
prohibit certain occupations which generate traffic through site
visits by clients, patients or customers. The Planning Board
noted to the Council that certain occupations such as those of
doctors and dentists have a tendency to create patient traffic
which is indistinguishable from the traffic generated by retail
sales. Greater burdens are imposed by certain professional
occupations due to the emergency needs of patients or clients
which the applicant may have an ethical obligation to honor
despite conditions set upon such home occupation permit in the
course of its issuance, and
WHEREAS, the City Council, after public hearing, has
determined that it is in the public interest to limit the home
occupation provisions to prohibit occupations such as doctors,
dentists and health care professionals, lawyers, veterinarians
and those engaged in retail sales due to the propensity of such
occupations to generate traffic through visits to the site for
the purpose of viewing goods or obtaining services, and
WHEREAS, the Council wishes to provide that such
prohibition shall be a rebuttable presumption in order that
occupational uses which may be limited so that they do not
generate any client traffic in excess of normal residential
traffic may be permitted, and
WHEREAS, the City Council wishes to distinguish such
traditional home occupations as music and dance instruction and
other sales of other services to limited patronage in which
scheduling control will not be subject to overriding ethical
obligations which may result in the violation of the conditions,
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. ECDC Chapter 20.20 HOME OCCUPATIONS is
hereby amended by the addition of a new section 20.20.015 to read
as follows:
20.20.015 PROHIBITED HOME OCCUPATIONS
Home occupations which generate traffic in excess of normal
residential traffic due to travel to the site by customers,
clients or patients are specifically prohibited.
A. The following occupational uses shall be presumed to
generate such traffic:
1. The offices of any doctor of medicine, dentist,
orthodontist, chiropractor or any other health
care professional licensed under the laws of the
State of Washington;
2. The offices of any person engaged in the practice
of law;
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3. The offices of any veterinarian; and/or
4. Any structure used for the retail sale of goods,
except as permitted by ECDC 20.20.020(E) as an
adjunct to a permitted use.
B. The presumption established by subparagraph A shall be
rebuttable, but the applicant shall have the burden of
proving that no commercial traffic will be generated by
clients, patients or customers. Any permit granted to
such an occupational use shall be voidable upon proof
of any visit to the site by any client, patient or
customer, and proof of one such visit shall be
sufficient to void such a permit in any proceeding
under ECDC 20.100.040 relating to review of approved
permits.
C. The limited sales of services on site by occupations
other than those .listed in subparagraph A above shall
be permitted so long as:
1. All performance criteria established by ECDC
17.60.010 are met; and
2. No traffic in excess of normal residential traffic
is generated by the use.
An example of a home occupation which might qualify for a
permit is the musical instruction of pupils in clearly
defined and limited numbers not generating traffic in excess
of normal residential traffic for the neighborhood in which
the site is located.
Section 2. This ordinance, being an exercise of a
power specifically delegated to the City legislative body, is not
subject to referendum, and shall take effect five (5) days after
passage and publication of the attached, approved summary.
ATTEST/AUTHENTICATED:
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APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
1
BY �1
FILED WITH THE CITY CLERK: September 17, 1986
PASSED BY THE CITY COUNCIL: October 7, 1986
PUBLISHED: 10/12/86
EFFECTIVE DATE: 10/17/86
ORDINANCE NO. 2583
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710. LEGAL NOTICE
Affidavit
STATE OF WASHINGTON, l
COUNTY OF SNOHOMISH, Jr
710. LEGAL NOTICE . 7M LEGAL NOTICE
Section 1, Amends ECDC burdens.
Chapter 20.20 relating to: home Section .2•"' Fixes o time when:
occupation permits to Insert a the some shall become
new section of prohibited home: five.
occupations as section 20.20.015, - The full :text of this ordinance
establishing a rebuttable will be mailed without charge to
presumption. with relation. -to anyone who submits a written.)
certain specified occupations, requestto the City Clerk of thee.
among them being doctor City of Edmonds for a copy of;
lawyer, veterinarian and retail the text.
sales persons; providing : the - APPROVED BY THE City
circumstances under which such Council at their meeting of
presumption may be overcome. October 7 1986,-
and _ distingulshlag--the--Ilm �1WNE_P_ARRETT
sales of service which do not City Clerk
generate commercial traffic Published;"October 12, 1986.
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Affidavit of Publication
STATE OF WASHINGTON, ss
COUNTY OF SNOHOMISH,
ITICE
17.10. LEGAL NOTICE
710. LEGAL NOTICE
HOME
Sgctlon 1. Amends ECDC
burdens. -
HITS TO.
Chapter 20.20 relating to: home
Section 2 Fixes o time when
=CTION
occupation permits to insert a
the some shall become effec-).
IG FOR
new section of prohibited,home
five.
HOME
occupatloM as section 20.20.015,
- The *full text of this ordinonce
DEFIN-
establishing a rebuttable
will be.molled without charge to
MEANS _
presumption. with relation-. . to
anyone who submits a written,
TABLE
certain specified occupations,
request to the City Clerk of the
AND
EN THE
among them being doctor,
lawyer, veterinarian and. retal�
Cityof Edmonds,for o copy of`.
the text.
ECOME
sales persons; providing the
'APPROVED By THE City
circumstances under which such
presumption may be overcome.
and distinouishlnp--the—Itmit
Councll at their meeting of
October7'1986:-
--7ACQ�YEgNE RRETT
theCity.
Edmonds
No. 2583
.
sales of service which do not
City Clerk .
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generate commerctoi traffic
Published:'October 12, 1986.
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ........................................
Summary of Ordinance 2583
......................................................................................................................................
......................................................................................................................................
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
...... Oc-tober-4-2-,----1-986...................................................................................
......................................................................................................................................
and that said -newspaper was regularly distributed to its subscribers
during,.all of said period.
.............:
Principal Clerk
Subscribed and sworn to before me this ........:3 r_h
Oct. 86
dayof....V.................................................................. 19.........
i l
Notary Public in and for the State of Washington,
residing at Everett, Snohomish County.
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