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Ordinance 3840111r •111 AN ORDINANCE OF OF iD WASHINGTON,AMENDING PROVISIONS OF EDMONDS COMMUNITYDEVELOPMENT ii TO REPEAL AND REENACT CHAPTER 2020 HOME LUPATIONS, AND FIXING a TIME WHEN THE SAME SHALL BECOME WHEREAS, the City is in the process of reviewing the provisions of i • • It Community Development Code in order to update appropriate sections, an3 WHEREAS, the provisions relating to home occupations was referred by thl F,-,'dmonds City Council Community Services/Development Services Committee to the staff ant-6 Planning Board for review on May 22, 2010, and WHEREAS, this matter was discussed by the Planning Board at its meetings (I July 14 and October 14, 2010, and a public hearing was held by the Planning Board on WHEREAS, • to the chapter• . f `ii to the City Council recommendation that certain changes referenced in the Planning Board minutes of November 10, WHEREAS, . • deems • be - public • consistent with its Comprehensive Plan to make certain changes to the Home Occupations revisions to allow and encourage certain limited business activities in residential zones subject to the restrictions set forth in the proposed chapter, NOW, THEREFORIN {WSS848837,DOC;110000690000M) - i - •� i. . • •IM Sectiona • • • Development C•a` is herebyr-• by repealthe a reenactment of , r - 20.20 Home Occupations t• read as follows Chapter 20.20 gylellmi 20.20 000 r o. •. I.011 Home occupation. r r r r. r r r Permit. 20.20.000 _ Purpose. . home occupation is generally economic enter operated within a dwelling unit, or buildings acc- • residentialthe dwelling unit which are incidental and secondary to the dwelling unit, including the use of dwelling unit as . business address in the phone directory chapteror as a post Office mailing address. The purpose of this • allow residentsto carry On • occupations on property guaranteeing neighboringresidents freedom•noise, hazardfire and other possible potential -•.impacts from of • residential neighborhoodi The purpose of this chapter is to permit two types of home use occupations while prohibiting other commercial uses in residential neighborhoods, • enterprises r • only the residentsof - which are operated the structure are intended to be permitted activities, The Community.♦ of Comprehensive Plan encourages local business and reductions in the city's overall greenhouse gas emissions, so this chapter • encourage home -based work and business activities while preserving the character of residentially -zoned neighborhoods by • the number of customers and employees permitted to visit the home • r. • {WSS848837:DCC;1\00006.40000M) - 2 - 20.20.001 Home occupation. A- home occupation may be conducted as a permitted secondary use in any residentialzoneof 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 S. 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 EC C_17.60.010, 8. 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 11 decision) if the home occupation will n• of surrounding neighborhood as evidenced by meeting all of the following criteria: {WSS848837DOCC 1100006,900000\) 3 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 non-resident 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 pin and 8:00 am; 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 (3) 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. I . Urban farming is defined as the display or sale of edible farm products or fresh produce grown on -site. f WSS848837, DOC; 1\00006,900000\ ) -4- •' home occupation f• •. a not meeting the criteria of 1 1 1 • be approved as a !' 11 decision if it meets all of the criteria contained in ECDC 20.20.01 1 except a. Condition 1 1 1 1 i)(5) does notapply. An applicant foroccupation f• - of On -site farm products or produce be required to submit plan showing how any visitors to the site can be accommodated i ' •' . traffic hazard or _ to adjoining properties. b. The general prohibition of the display of goods and requiring the business to be wholly enclosed within a building in ECDC 20.20.010(B)(2) do not apply to the display or sale of edible farm products or produce, so long as the display is removed during non -operating hours, 1. An artist studio is defined as the display or sale of hand -made products (artwork) that are produced on-site� Items or artwork ' i. off site are not• ' f: in this definition. 2. A home occupation for an artist studio not meeting the criteria of-ECDC 20:20.010(A) may be permitted as -a Type II decision if it meets all of the criteria contained in ECDC 20.20.010(B), except that: a. Condition 1 i i 1() does not.fr visitorsAn applicant for a home occupation for an artist studio shall be required to submit a site plan showing how any • the site can be accommodated i • hazardtraffic or - to adjoining properties. b The display or - of • .a- artwork shall remain completely enclosed within a building pursuant to ECDC 20.20.01O.A.2. 20.20.020 General regulation. - or Display of ••a NO goods be • f or rendered on the premises except instructional materials pertinent • the home occupation (- r•• or {WSS848837;DOC,1\00006.900000\ } - J - described above in ECDC 20 ' 20 ' 0 1 O(C) for Urban Farmi or ECDC 2020.010(l)) for Artist Studio. Display• storage of goods outside the premises or in the windo thereof is prohibited, except related to an Urban Farmi or produce display shall be removed during the hours it not in operation B. Signs, A sign is permitted in conjunction with home occupation approval and shall not exceed four squ feet in size, The sign area shall be calculated as part of, n in addition to, the total sign area permitted on the site, building permit and a Type 11 conditional use permit required for any proposed commercial signage in residential zonc� I 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: 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. 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, 411KIRIMI� All permits for home occupations are personal to the to any other person. The permit will automatically expire (WSS848837DOC;1\00006.900000\ ) -6- when the applicant named on the permit application move: from • occupation shall also autornaticall expire if the permittee fails to maintain a valid busines license or the business license is suspended or revoked. Th - home occupation shall not be transferred to any site oth than that described on application f cally delegated to the City legislativebody,isubject# referendum,and shall five (5) days after passage and publication of an approved summary thereof consisting of the APPROVED, MAYBR MIKE COOPER CI T' CLE ,SAND S. CHASE BY ` JEFFREY B. TARADAY FILED WITH THE CITY CLERK: 04-15-2011 PASSED BY THE CITY COUNCIL; 04-19-2011 PUBLISHED: 04-24-2011 EFFECTIVE DATE: 04-29-2011 ORDINANCE O.3 840 (WSS848937,DOC;1\00006A900000\ ) 7 - On the I 91h day of April, 2011, the City Council of the City of Edmonds, passed Ordinance No. 3840, 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 THE EDMONDS COMMUNITY DEVELOPMENT CODE TO REPEAL AND REENACT CHAPTER 20,20 HOME OCCUPATIONS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVEi Cl-FY CLERK, SANDRA S. CHASE STATE OF WAS ITN, COUNTY OF SNOHOMISH �x ' %d tt tMMAFt r 1 F Alta+§ i t C M a t1 601;8r Ity I A' fridavit of Publication S.S. The undersigned, being first duly sworn on oath deposes andsays 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 ofthe Superior Courtof Snohomish County and that the notice Surattnary of Ordinance3840 HX(NG r -TIME WHEN TM- S44t4 j$t4f,C--mC4 Me 1 a Ea.; t tVE Ttl U"a t at 0^ "ka 4 Or rG 11 ,0 surf; Ds rssazUM t Pan regUeei. trlSrEi,1�2, 1?11b= CtT't C,°.tTw, SANDRA S. CIAASE Eotlaae,t,er8: 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: April 24, 2011 and that said newspaper was regularly distributed to its stxbs<rib`s during all of said period. � u RECEIVED Subscribed and sworn to before me this 2fir day of April 20 M EDMONDS CITY CLERK yy ti3S I'ttftiie° t'iraSaarfbi the Stile o ashiilgro", res dP,r7 nl AveretL Sraol ornish u County. Account Name:: City of Edmonds Account Number: 101416 Order Number: 0001734537