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Resolution 266PLANNING COMMISSION RESOLUTION NO. 266 A RESOLUTION TO THE CITY COUNCIL OF THE CITY OF EDMONDS RECOMMENDING AN AMENDMENT TO THE OFFICIAL ZONING ORDINANCE, SECTION 12.12.090, DEFINITION OF HOME OCCUPATION, AND SECTION 12.13.040, SECONDARY USES IN SINGLE RESIDENTIAL ZONES AS RELATED TO HOME OCCUPATIONS AND AS SET FORTH IN PLANNING COMMISSION FILE NO. ZO-2-68. WHEREAS, the Planning Commission of the City of Edmonds, pursuant to proper notice and publication, held a public hearing on a proposed amendment to Section 12.13.040 and Section 12.12.090 of the Official Zoning Ordinance to redefine "Home Occupation" and establish standards and criteria for same in Single Residential Districts; and WHEREAS, having made the findings set forth in Exhibit "A" attached hereto, the Planning Commission determined that the Official Zoning Ordinance, Section 12.12.090 and Section 12.13.040, should be amended as set forth in Exhibit "B" attached hereto; now, therefore, BE IT RESOLVED by the Planning Commission of said City that recommendation be and the same hereby is made to the City Council of the City of Edmonds that Section 12.12.090 and Section 12.13.040 of the Official Zoning Ordinance be so amended. DATED as of the 21st day of February, 1968. Chairman Pro Tem, Edmonds, -Planning Commission Edmonds City Plannea File No.: ZO-2-68 Initial Request by: Board of Adjustment Date of Hearing: February 21, 1968 Resolution No. 266 FYRTRTT "Au The Board of Adjustment receives numerous applications each month for Conditional Use Permits to operate dose Occupations in residential areas. The present regulations are somewhat sketchy, and the Board has asked for more accurate. ordinance guidelines to assist then in regulating such business activities in the residential sections of the cow; ty. EXHIBIT "B" Section 12.12.090 (Definitions) Resolution No. 266 Home Occupation An economic enterprise conducted within a residential 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. Section 12.13.040, Secondary Uses (RS) E. Home Occupationg, subject to a grant of a Conditional Use Permit, providing the use complies with the following regulations: 1. Area occupied: Maximum of one-fourth of the total square footage of the principal building. An accessory structure may be used providing the area used by the home occupation does not exceed 200 sq. ft., this area to be counted -against the areaallowed 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 similar persons using their home or apart- ment 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 tome hobby or art craft. The display of commodities is prohibited. Resolution No. 266 Exhibit "B" (Page 2) No home occupation will be permitted which generates an objection- able amount of dust, odor, or smoke. 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 struc- ture and used in conjunction with the proposed home occupation. c. The littered, unkempt, and otherwise poorly maintained con- dition 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 300 feet of the subject property and accompanied by the payment of a $10 administrative fee. The petition shall explain the conditions upon which the home occupation is considered to be a nuisance.