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Ordinance 1366ORDINANCE NO. ,j‘G AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON AMENDING THE OFFICIAL ZONING ORDINANCE, SECTIONS 12.12.090 and 12.12.040, AMENDING THE DEFINITION OF HOME OCCUPATION AND THE REGULATIONS RELAT T TO IN SINGLE FAMILY RESIDENTIAL ZONES, SUANT TO INNING C ISSION RESOLUTION NO. 266. W AS, the city council of the City of Edmonds, Washington, pursuant to Planning Commission Resolution No. 266 called a public hearing and thereat found it to be in the best interest and the public health, safety and welfare to amend the Edmonds Zoning Ordinance as set forth below, now, therefore, THE C COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The Edmonds City Code, Section 12.12.090 is hereby amended to read as follows: 'Section 12.12.090 Home: Rest, Convalescent, Nurs g ome' ' FUEValescent home-1— an nurs ng ome' , means a home operated similarly to a boarding house but not restricted to any number of guests or guest rooms, and in which nursing, dietary or other personal services are furnished to convalescents, invalids or aged persons, but in which homes are kept no persons suffering from an acute mental sickness, or from a contagious or co uni- cable disease, and in which homes are performed no surgery or other primary treatments such as are customarily provided in hospitals, and in which no persons are kept or served who normally would be admitted to a mental hospital. Home, Retirement, For the Aged A place of resid nce r several fannil°ies or-Ihdividuals in apartment - like quarters, rented, cooperative, or condominium, which may feature services to retired persons such as limited nursing facilities, minimum maintenance living acco:r,rro- dations, and recreation programs and facilities. Home Occupation An economic enterprise conducted with ina resi deni;iaL dwelling, an apartment, or buildings accessory to such dwelling units. Such enterprise is clearly incidental and secondary to the residential use of a home or apartment. A home occupation is also an activity which involves the use of a dwelling unit as a business address in the phone directory or as a Post Office mailing address. Hospital An establishment which provides accommo- dationsities, and services over a continuous period of 24 hours or more, for observation, diagnosis and care, of two or more individuals, not related by blood or marriage to the operator, who are suffering from ill- ness, injury, deformity, or abnormality, or from any condition requiring obstetrical, medical or surgical services. Hospital Animal A building or premises for the medical or surg cal treatment of animals or pets, including dog, cat and veterinary hospitals, including the boarding of hospitalized an r+ls but excluding the boarding of animals not subjected to medical or surgical treatment. Hotel Any building or portion thereof containing five or more separately occupied rooms that are rented, or hire out to be occupied or which are occupied for sleeping purposes for compensation, whether the compensation be paid directly or indirectly. A central kitchen and dining room and accessory shops and services cater :+; to the general public can be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care." Section 2. The Edmonds City Code, Section 12.13.040, is hereby amended to read as follows: "Section 12.13.040 Secondary Use ) In an RS zone tE o owns non-comirnerc a lses on Y are permitted as secondary uses and as hereinafter specifically provided and allowed by this section, subject to the general provisions and exceptions set forth in this title. A. Accessory buildings, structure:::, and uses including the following: 1. Guest house, 2. Private garages, carports, parking spaces designed to accommodate not more than four cars; 3e Small animals (household pets) not to exceed three in any. combination thereof, when kept on the same lot as the residence of the owners of such pets; 4. Privately owned non-commercial stables and keeping of horses for personal use, provided that such use must be on a lot of at least twelve thousand (12,000) square feet in area (irrespective of the zone), and thirty (30) feet from any street or side lot lines. This use shall not be permitted in any place which will endanger public health or safety as determined by the Edmonds City Health Officer. -2- 5. Roomers, limited to two; 6. Private docks and mooring facilities and a private boat house or hangar for the sole use of occupants of the premises and their guests, to acco#.p.odate private non -commerical pleasure craft, provided that such docks, moorages, boat houses, and appur- tenances thereto be in harmony with the character of the principal structure and the dwellings in the district; 7. Shelter Stations. B. Greenhouses, private and non-co,w,,,ercial, for propagation and culture only and no sales from the premises shall be permitted; C. Amateur radio tower subject to conditional use permit grant; D. Sw ing pools and other recreational facilities for the sole use of occupants or premises and their guests; H3me Occupations, subject to a grant of a Conditional Use Permit, providing the use complies with the follow- ing regulations: 1. Area occupied: Maximum of one-fourth of the total square footage of the principal building. An accessory structure maybe used providing the area used by the home occupation does not exceed 200 square feet, this area to be counted against the area allowed in the principal building. 2. Employment: The employment of any persons other than a member of the immediate family residing on the premises is prohibited for those enterprises conducted primarily on the premises. Builders, caterers, painters, and s ,, lar persons using their home or apartment primarily as an office in conjunction with business activities conducted off the premises may have other employees provided they are not employed on the premises and do not park on or near the residential dwelling site. 3. Equipment used: Mechanical equipment may be used providing the cumulative horsepower does not exceed three horsepower. 4. General regulations: No commodities shall be sold on the premises unless such commodities are necessary for the practice of some hobby or art craft. The display of commoditiesis prohibited. No home occupation will be permitted which generates an objectionable amount of dust, odor, or smoke, -3 - Such home occupation shall not require external alterations or involve construction features not customary on dwellings. The Conditional Use Permit for Home Occupation shall not be transferable. 5. Signs: A sign is permitted providing it does not exceed three square feet in size, is unlighted, and mounted flush against the front of the dwelling. Signs shall contain only the name and/or address of the residents. 6. Other criteria for Board Action: The following conditions may justify a denial by the Board of a Conditional Use Permit for a Home Occupation: a. The on -street or on -site parking of trucks or other types of equipment associated with the home occupation. b. The presence of materials stored outside the residential structure and used in conjunction with the proposed home occupation. The littered, unkempt, and otherwise poorly maintained condition of the dwelling site. 7. Appeal by Adjoining Residents: Six months after the granting of a Conditional Use Permit, adjoining residents may initiate a hearing before the Board to consider the revocation of the Permit if they consider the home occupation to be a neighborhood nuisance. This complaint action is initiated by petition signed by three residents within three hundred feet of the subject property and accompanied by the payment.wof a $10 administrative fee. The petition shall explain the conditions upon which the home occupation is considered to be a nuisance. Upon the public hearing called in the manner as the original application, the Permit may be revoked if the Board finds the use to be a nuisance, deleterious to the neighborhood or inconsistent with the expressed purposes of 'RS' classified property. F. Day nurseries and private kindergartens, subject to grant of conditional use permit, provided there is established a maintained in connection therewith, a fenced play lot on the premises, with a minimum area of 400 square feet in size, plus an additional 40 square feet for each child in excess of ten. G. Plant nurseries, subject to grant of conditional use permit. H. Signs, as follows: 1. Name plates not exceeding three square feet in area; containing the name and/or address of the -4- ATTEST: occupant of the premises; provided churches shall be permitted an increase to the size of twenty five square feet for the purpose of outside bulletin boards. 2. One unlighted sign not exceeding six square feet in area pertaining only to the sale, lease or hire of only the particular building, property or premises upon which displayed, and for no more than three months. 3 Where dimensional and other regulations are in conflict with Ordiance 973 Uniform Sign Code, as amended, the more stringent regulation shall apply. Accessory buildings and structures shall observe front and side yard restrictions applied to the principal structure and shall observe a five-foot setback from the rear lot line." •, APPROVED: PASSED BY THE CITY COUNCIL: May 21, 1968 FILED WITH THE CITY CLERK: May 21, 1968 PUBLISHED: May 29, 1968 -5-