Ordinance 29510006.150.003D
WSS /are
07/20/93
rev: 08/05/93
rev: 09/08/93
ORDINANCE NO. 2951
AN ORDINANCE OFI THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF CHAPTER
20.20 HOME OCCUPATIONS AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the Edmonds Community Development Code has for
many years provided for home occupations; and
WHEREAS, the City of Edmonds is currently in the process
of reviewing measures necessary to protect neighborhood streets and
provide for cohesive residenntial communities while limiting the
intrusion on the neighborhood setting by traffic from outside such
neighborhoods; and
WHEREAS, the City Council deems it to be appropriate to
amend the home occupation provisions to better specify situations
in which the use is permitted or when a permit may be issued and to
clarify the purpose of home use occupations as primarily intended
for occupations which serve the immediate neighborhood or which
have no impacts whatsoever upon the neighborhood, NOW, THEREFORE,
THE CITY COUNCIL O THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The iEdmonds Community Development Code
Chapter 20.20 HOME OCCUPATIONS is hereby repealed and reenacted in
the following format:
52336.1 1 -1-
Chapter 20.20
HOME OCCUPATIONS
20.20.000 PURPOSE
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
ordinance 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 and which require no deliveries
or other traffic are intended to be permitted
activities. Other occupations such as music
teachers, newspaper delivery and other
commercial activity which are intended to
serve the neighborhood and which promote
traffic only within the neighborhood as
opposed to attracting traffic to the
neighborhood from outside, are also intended
to be permitted uses. 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.
20.20.010 Home Occupation
A home occupation may be conducted as a
permitted use in any residential zone of the
City subject to the following regulations: .
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
52336.1 -2-
2. Is conducted entirely within
the structures on the site,
without any significant outside
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 (except for the U.S.
Mail) which exceeds 20,000
pounds gross vehicle weight;
and
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. All performance criteria
established pursuant to ECDC
Section 17.60.010.
Any permit granted to such an
occupational use shall be immediately
voidable upon proof of any visit to the
site in excess of the standards provided
in Section 4 and 6 or any visits by a
customer, client or other persons
purchasing goods or services from the
home occupation. Proof of one such
occurrence shall be sufficient to void
the permitted use provided under this
section and thereby requiring the home
occupation to meet the permitting
provisions hereinafter contained in this
chapter. An example of an out right
permitted home occupation is a writer or
artist who develops a book or art work
and does not show the work from the home.
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B. A home occupation which does not meet one
or more of the requirements of Paragraph
A of this section may be approved as a
conditional use permit pursuant to
Chapter 20.05 and the procedures set
forth in Section 20.100.010, if the home
occupation:
1. Will not harm the character of
the surrounding neighborhood;
2. The temporary and permanent
keeping of animals associated
with home occupation must
comply with all provisions of
Chapter 5.05 (Animal Control)
of the City Code and Title 16
of the Edmonds Community
Development Code; and
3. Will not include storage,
display of goods, building
materials and /or the operation
of building machinery,
commercial vehicles or other
tools, unless it meets 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.
4. Does not create a condition
which injures or endangers the
comfort, or pose health or
safety threats of persons on
abutting properties or streets;
and
5. Will not generate traffic from
outside of the neighborhood nor
52336.1 -4-
excessive intra- neighborhood
traffic or necessitate
excessive parking beyond that
normally associated with a
residential use; and all
performance criteria
established by ECDC 17.60.010
are met. Any permit granted to
such a home occupation shall be
immediately voidable upon proof
of any visit to the site by any
client, patient or customer in
excess of the standard
established through the
conditional use permit process,
and proof of one such
occurrence shall be sufficient
to void such permit in any
proceeding under ECDC
20.100.040 relating to review
of approved permits.
20.20.015 Prohibited Home Occupations
Certain home occupations depend for their
economic viability upon the sale or provision
of services to persons throughout the City or
the regional community rather than the
neighborhood in which they reside thereby
attracting to a neighborhood traffic beyond
that generally associated with the
neighborhood or intra- neighborhood traffic.
Such home occupations which depend upon 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
other health care professional
licensed under the State of
Washington (excluding licensed
massage therapists);
2. The offices of any person
engaged in the practice of law;
52336.1 -5-
3. The offices of any
veterinarian; and /or
4. Any structure used for the
retail sale of goods, except as
expressly 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 a
client, patient or customer, and proof of
one such visit shall be sufficient to
void such permit and any proceeding under
ECDC 20.100.040 relating to the review of
approved permits.
C. The limited sale 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 the conditional use
permit issued pursuant to
Section 20.20.010(B) and
Chapter 20.05 are met; and
2. The home occupation is
advertised, intended and /or in
fact attracts traffic only from
the residential neighborhood in
which it is located, does not
create traffic in excess of
normal residential levels., and
is not intended or designed to
create additional traffic into
the neighborhood by attracting
clients or customers from
beyond the neighborhood.
Examples of home occupations which might
qualify for a permit include the musical
instruction of pupils in clearly defined
52336.1 -6-
and limited numbers which does not
generate traffic from outside of the
residential neighborhood in which it is
located nor in excess of normal
residential levels or operating as a news
carrier from a residential home in which
the only outside traffic is delivery of
papers to the site by the news agency.
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). Display or storage of goods
outside the premises or in the window
thereof is prohibited.
B. Signs. A sign is permitted in
conjunction with conditional use permit
approval and does not exceed three (3)
square feet in size and shall contain
only the name and address of the
residence.
C. Reasons for Denial. A home occupation
conditional use permit is a special
exception to the zoning ordinance and the
applicant has the burden of persuasion
that he /she comes with in the stated
purposes and criteria of this chapter.
The following are among common reasons
for denial but are not intended to be
exclusive:
1. 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. Noncompliance with the criteria
of this chapter or conditions
of approval or other provisions
of City ordinance; and /or
52336.1 -7-
4. The proposal cannot be
conditioned in order to meet
the criteria and findings of
the chapter.
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 use 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.
Section 2. Severability. If any section, sentence,
clause or phrase of this ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this ordinance.
Section 3. Effective Date. This ordinance, being an
administrative action, is not subject to referendum and shall take
effect five (5) days after publication.
APPROVED:
ATTEST /AUTHENTICATED:
52336.1 -8-
C u
SUMMARY OF ORDINANCE NO. 2951
of the City of Edmonds, Washington
On the 7th day of September , 1993, the City Council of
the City of Edmonds, passed Ordinance No. 2951 . A summary
of the content of said ordinance, consisting of the title, provides
as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF CHAPTER 20.20 HOME OCCUPATIONS AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
request.
The full text of this Ordinance will be mailed upon
DATED this 8th day of September , 1993.
APPROVED AS TO FORM:
•OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE`CITY CLERK: 09/08/93
PASSED BY THE CITY COUNCIL: 09/07/93
PUBLISHED: 09/12/93
EFFECTIVE DATE: 09/17/93
ORDINANCE NO. 2951
52336.1 -9-
STATE OF WASHINGTON,
COUNTY OF SNOHO1VZISH,
2951
On
rr,
nCe No. 2951. A
Y of Me content of
finance, consisting of
provides os follows:
,INANCE OF THE CITY
10N WASHINGTON
ING TDS IE PROVISIONS
APTER 20.20 HOME
>TIONS AND FIXTIM A
WBETd THE SAME
5E ME EFFECTIVE.
full text of this
ce will be mailed upon
D this 8th day of
Ss.
Affidavit of Publication
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 .... o of ... Ordinance .... No- .... 295. 1 .......... ...............................
City.of... Edmonds .................................. ...................................................
---•------• .............. ............................... .............................................. ...............................
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:
September 12, 1993
....................................................................................................... ...............................
....................................................................................................... ...............................
and that said newspaper was regularly distributed to its subscribers
during 11 of said eriod.
i incipal Clerk
Subscribed and sworn to before me this.......... 11th .....
Se temberf... is 93
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! ......... .......1............: ?...::._ 1. �.. ..... ' <•- °--........................
i� Notary Public in and for th J ' of. Washington,
residing at Everett, Sp 11jC 'My
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