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Ordinance 25830006. WSS/naa 09/11/86 R: 09/16/86 ORDINANCE NO. 2583 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ECDC CHAPTER 20.20 RELATING TO HOME OCCUPATION PERMITS TO ADD A NEW SECTION 20.20.015 PROVIDING FOR PROHIBITED HOME OCCUPATIONS AND DEFINING THE SAME BY MEANS OF A REBUTTABLE PRE- SUMPTION, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE WHEREAS, the Planning Board of the City of Edmonds after a public hearing has made its recommendation to the City Council that the home occupation permits section be amended to prohibit certain occupations which generate traffic through site visits by clients, patients or customers. The Planning Board noted to the Council that certain occupations such as those of doctors and dentists have a tendency to create patient traffic which is indistinguishable from the traffic generated by retail sales. Greater burdens are imposed by certain professional occupations due to the emergency needs of patients or clients which the applicant may have an ethical obligation to honor despite conditions set upon such home occupation permit in the course of its issuance, and WHEREAS, the City Council, after public hearing, has determined that it is in the public interest to limit the home occupation provisions to prohibit occupations such as doctors, dentists and health care professionals, lawyers, veterinarians and those engaged in retail sales due to the propensity of such occupations to generate traffic through visits to the site for the purpose of viewing goods or obtaining services, and WHEREAS, the Council wishes to provide that such prohibition shall be a rebuttable presumption in order that occupational uses which may be limited so that they do not generate any client traffic in excess of normal residential traffic may be permitted, and WHEREAS, the City Council wishes to distinguish such traditional home occupations as music and dance instruction and other sales of other services to limited patronage in which scheduling control will not be subject to overriding ethical obligations which may result in the violation of the conditions, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECDC Chapter 20.20 HOME OCCUPATIONS is hereby amended by the addition of a new section 20.20.015 to read as follows: 20.20.015 PROHIBITED HOME OCCUPATIONS Home occupations which generate traffic in excess of normal residential traffic due to 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 any other health care professional licensed under the laws of the State of Washington; 2. The offices of any person engaged in the practice of law; �m 3. The offices of any veterinarian; and/or 4. Any structure used for the retail sale of goods, except as 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 any client, patient or customer, and proof of one such visit shall be sufficient to void such a permit in any proceeding under ECDC 20.100.040 relating to review of approved permits. C. The limited sales 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 2. No traffic in excess of normal residential traffic is generated by the use. An example of a home occupation which might qualify for a permit is the musical instruction of pupils in clearly defined and limited numbers not generating traffic in excess of normal residential traffic for the neighborhood in which the site is located. Section 2. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of the attached, approved summary. ATTEST/AUTHENTICATED: - 3 - APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: 1 BY �1 FILED WITH THE CITY CLERK: September 17, 1986 PASSED BY THE CITY COUNCIL: October 7, 1986 PUBLISHED: 10/12/86 EFFECTIVE DATE: 10/17/86 ORDINANCE NO. 2583 — 4 — 710. LEGAL NOTICE Affidavit STATE OF WASHINGTON, l COUNTY OF SNOHOMISH, Jr 710. LEGAL NOTICE . 7M LEGAL NOTICE Section 1, Amends ECDC burdens. Chapter 20.20 relating to: home Section .2•"' Fixes o time when: occupation permits to Insert a the some shall become new section of prohibited home: five. occupations as section 20.20.015, - The full :text of this ordinance establishing a rebuttable will be mailed without charge to presumption. with relation. -to anyone who submits a written.) certain specified occupations, requestto the City Clerk of thee. among them being doctor City of Edmonds for a copy of; lawyer, veterinarian and retail the text. sales persons; providing : the - APPROVED BY THE City circumstances under which such Council at their meeting of presumption may be overcome. October 7 1986,- and _ distingulshlag--the--Ilm �1WNE_P_ARRETT sales of service which do not City Clerk generate commercial traffic Published;"October 12, 1986. B-2-1 Affidavit of Publication STATE OF WASHINGTON, ss COUNTY OF SNOHOMISH, ITICE 17.10. LEGAL NOTICE 710. LEGAL NOTICE HOME Sgctlon 1. Amends ECDC burdens. - HITS TO. Chapter 20.20 relating to: home Section 2 Fixes o time when =CTION occupation permits to insert a the some shall become effec-). IG FOR new section of prohibited,home five. HOME occupatloM as section 20.20.015, - The *full text of this ordinonce DEFIN- establishing a rebuttable will be.molled without charge to MEANS _ presumption. with relation-. . to anyone who submits a written, TABLE certain specified occupations, request to the City Clerk of the AND EN THE among them being doctor, lawyer, veterinarian and. retal� Cityof Edmonds,for o copy of`. the text. ECOME sales persons; providing the 'APPROVED By THE City circumstances under which such presumption may be overcome. and distinouishlnp--the—Itmit Councll at their meeting of October7'1986:- --7ACQ�YEgNE RRETT theCity. Edmonds No. 2583 . sales of service which do not City Clerk . )Ws: generate commerctoi traffic Published:'October 12, 1986. 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 of Ordinance 2583 ...................................................................................................................................... ...................................................................................................................................... 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: ...... Oc-tober-4-2-,----1-986................................................................................... ...................................................................................................................................... and that said -newspaper was regularly distributed to its subscribers during,.all of said period. .............: Principal Clerk Subscribed and sworn to before me this ........:3 r_h Oct. 86 dayof....V.................................................................. 19......... i l Notary Public in and for the State of Washington, residing at Everett, Snohomish County. B - 2 - I