Ordinance 3840 Home Occupations.pdf0006.90000
WSS/gjz
1/11/11
ORDINANCE NO. 3840
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 EFFECTIVE,
WHEREAS, the City is in the process of reviewing the provisions of the Edmonds
Community Development Code in order to update appropriate sections, and
WHEREAS, the provisions relating to home occupations was referred by the
Edmonds City Council Community Services/Development Services Committee to the staff and
Planning Board for review on May 22, 2010, and
WHEREAS, this matter was discussed by the Planning Board at its meetings of
July 14 and October 14, 2010, and a public hearing was held by the Planning Board on
November 10, 2010, and
WHEREAS, revisions to the chapter were forwarded to the City Council with the
recommendation that certain changes referenced in the Planning Board minutes of November 10,
2010 be enacted, and
WHEREAS, the City Council deems it to be in the public interest and 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, THEREFORE,
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THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code is hereby amended by
the repeal and reenactment of chapter 20.20 Home Occupations to read as follows:
Chapter 20.20
HOME OCCUPATIONS
Sections:
20.20.000
Purpose.
20.20.010
Home occupation.
20.20.020
General regulation.
20.20.030
Permit.
20.20.000 Purpose.
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. 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 chapter 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 are intended to be permitted activities. The
City's Community Sustainability Element of the
Comprehensive Plan encourages local business and
reductions in the city's overall greenhouse gas emissions,
so this chapter seeks to encourage home=based work and
business activities while preserving the character of
residentially -zoned neighborhoods by limiting the number
of customers and employees permitted to visit the home
occupation.
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20.20.001 Home occupation.
A home occupation may be conducted as a permitted
secondary use in any residential zone of 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
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. Complies with all performance criteria established
pursuant to ECDC 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 II decision) if
the home occupation will not harm the character of the
surrounding neighborhood as evidenced by meeting all of
the following criteria:
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I . 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 pm 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.
1. Urban farming is defined as the display or sale of
edible farm products or fresh produce grown on-site.
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2. A home occupation for urban farming not meeting
the criteria of ECDC 20.20.010(A) may be approved as a
Type II decision if it meets all of the criteria contained in
ECDC 20.20.010(B), except that:
a. Condition 20.20.010(B)(5) does not apply.
An applicant for a home occupation for the sale of on-site
farm products or produce shall be required to submit a site
plan showing how any visitors to the site can be
accommodated without creating a traffic hazard or nuisance
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.
D. Artist Studio,
1. An artist studio is defined as the display or sale of
hand -made products (artwork) that are produced on-site.
Items or artwork created off site are not included 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 20.20.010(B)(5) does not apply.
An applicant for a home occupation for an artist studio
shall be required to submit a site plan showing how any
visitors to the site can be accommodated without creating a
traffic hazard or nuisance to adjoining properties.
b. The display or sale of hand -made artwork
shall remain completely enclosed within a building
pursuant to ECDC 20.20.010.A.2.
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), or as
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described above in ECDC 20.20.010(C) for Urban Farming
or ECDC 20.20.010(D) for Artist Studio. Display or
storage of goods outside the premises or in the window
thereof is prohibited, except related to an Urban Farming
display located entirely on the subject property. Such farm
or produce display shall be removed during the hours it is
not in operation.
B. Signs. A sign is permitted in conjunction with a
home occupation approval and shall not exceed four square
feet in size. The sign area shall be calculated as part of, not
in addition to, the total sign area permitted on the site. A
building permit and a Type Il conditional use permit are
required for any proposed commercial signage in a
residential zone.
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.
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
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when the applicant named on the permit application moves
from the site. The home 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. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
�MAY�R MIV Qa COOPER
�_......_.�
ATTEST/AUTHENTICATED :
"��l"Y" CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE I''Y ATTORNEY:
BY
JEFFREY B. TARADA��
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 NO. 3840
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SUMMARY OF ORDINANCE NO. 3840
of the City of Edmonds, Washington
On the 19th 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 EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 20th day of April, 2011.
'I"1,V C1,ERK. SANDRA S. CHASE
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
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Account Narre: City of Edmonds
Affidavit of Publication
M11
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 Courtof Snohomish County and that the notice
Sumtnar-v of Ordinance 3840
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 I,,k its %INct-Oxas during all of said period.
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Subscribed and sworn to before me Otis
day of April, 206 /1
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County.
ACCOLIntiNumber 101416
Order Iqwuber 00W 134531