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Ordinance 1861ORDINANCE NO. 1861 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 12.13.040 SECONDARY USES IN RS DISTRICTS BY IMPOSING CERTAIN RESTRICTIONS ON ACCESSORY BUILDINGS AND STRUCTURES PERMITTED AS SECONDARY USES IN RS DISTRICTS PURSUANT TO PLANNING COMMISSION RESOLUTION NO. 509 AND ESTABLISHING NEW PROCEDURES FOR PROCESSING HOME OCCUPATION PERMITS AND ESTABLISHING CRITERIA FOR GRANTING OF THE SAME PURSUANT TO PLANNING COMMISSION RESOLTUION NO. 508. WHEREAS, The City Council of the City of Edmonds, Washington, pursuant to Planning Commission Resolutions No. 508 and 509, called public hearings, and having during said hearings determined it to be in the best interests of the public health, safety and welfare to amend the Edmonds zoning Ordinance as set forth below, pursuant to Planning Commission Resolutions No. 508 and 509, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 12.13.040 of the Edmonds City Code is hereby amended to read as follows: "12.13.040. Secondary Uses in RS Districts. In an RS zone the following noncommercial uses only are permitted as secondary uses and as hereinafter specifically provided and allowed by this section, subject to the general provisions and exceptions set forth in this title. 1. Secondary uses permitted shall include the following: A. Day nurseries, child care centers, preschools and private kindergartens, subject to grant of conditional use permit and statement of operating conditions, provided there is established and maintained in connection therewith a fenced play lot on the premises, with a minimum area of four hundred (400) square feet, plus an additional forty (40) square feet for each child in excess of ten (10) in number, and subject to the regulations of the State Department of Social and Health Services. Appeal procedures for rehearing shall be as provided in Section 12.13.110(1)(8); B. Foster homes with not more than the number of persons permitted by definition of a "family" as defined in Chapter 12.12. C. Home -Occupations: Intent: The home -occupation is a special use allowing people to use their residence for a low profile office or workshop as long as such a business maintains the residential character of the.area and does not generate any more traffic than is normal for a single residence in .the neighborhood nor gives the appearance of a commercial enterprise. (1) Review procedure: (a) City Planner: Applications for a home -occupation permit which do not include outside storage of materials, equipment or machinery, or traffic or other conditions which may be incompatible in a residential zone, as determined by the City Planner, shall be processed and heard by the City Planner or his designee in accordance with this section and Sections 12.16.080 and 12.16.090 of the Edmonds City Code. The City Planner shall hold a hearing not later than thirty (30) days from the date that an application is received and notification shall be accomplished in compliance with Section 12.16.150 of this Code. All permits approved by the City Planner shall be subject to review by the Board of Adjustment if, at the next regular meeting of the Board following the approval of the permit by the City Planner the -2- majority of those Board members present at said meeting shall vote to set the matter for hearing. Anyone desiring to appeal the decision of the City Planner granting or denying such a permit may appeal the decision of the Planner to the Board of Adjustment by filing notice of such appeal with the Planning Department within ten (10) days following the hearing. (b) Board of Adjustment. The Board of Adjustment shall hear all applications for home -occupation permits involving conditions which the City Planner or his designee determines may not be compatible in residential zones, including, by way of example and not limitation, those in- volving unusual traffic and/or vehicles, outside storage of materials or machinery, noise or other conditions which might make the proposed home -occupation incompatible with a residential zone. The Board may, upon a vote of the majority of the Board at the next regular meeting following approval of any home -occupation permit by the City Planner, request and set a review of any home -occupation permit approved by the City Planner. The Board shall hear all appeals from decisions of the City Planner or his designee approving or denying any permit pursuant to the procedure provided hereinabove. (2) All home -occupations shall comply with the following regulations: (a) Area used: The occupation shall be conducted entirely within the principal building or other accessory structures. (b) Employment: The employment of any persons other than a member of the immediate family residing on the pre- mises is prohibited for those enter- prises conducted primarily on the -3- premises. Building trades and similar persons using their home or apartment 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, they do not park on or near the residential dwelling site, and they are not required to visit the residence during the course of business. (c) Equipment use: Mechanical equipment can be used provided it is compatible with a residential environment. (d) Traffic: The home -occupation shall not generate any more traffic than is normal for a single residence in the neighborhood. (e) General regulations: No commodities shall be sold or rented on the premises except instructional materials pertinent to the home -occupation (i.e., music books). The display of commodities outside the premises or in a window is prohibited, nor shall the home -occupation require purchasers or prospective purchasers, to visit the site to view the merchandise. No unreasonable amount of dust, odor, smoke or noise shall be permitted. (f) Signs: A sign is permitted provided it does not exceed three (3) square feet in size. It shall contain only the name and/or address of the residents. (g) Other criteria for Board or City Planner action: The following conditions by way of example and not as a limitation, may justify a denial by the Board or City Planner of a conditional use permit for a home -occupation: (1) The on -street or on -site parking of trucks or other types of equipment associated with the home -occupation. (2) The presence of materials stored outside the residential structure and used in conjunction with the proposed home -occupation. (3) The littered, unkept, and otherwise poorly maintained condition of the dwelling site. (h) All permits approved by either the Board or the Planner shall be personal to the applicant and shall not be transferable or otherwise assignable. (i) Appeal by adjoining residents: Any time after three (3) months following 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 (3) persons living in separate residences within three hundred (300) feet of the subject property and accompanied by the conditional use permit fee. The petition shall set forth separately each reason for the revocation and a brief statement of the facts forming the basis for each allegation. The petitioners or their representative shall be required to be present at the hearing and shall be required to present testimony or other evidence in support of the allega- tion. At the public hearing called in the manner as the original application, the permit may be revoked if the Board finds the use to be a nuisance, deleterious to the neighborhood or inconsistent with the expressed purposes of "RS" classified property. D. Plant nurseries, subject to grant of conditional use permit; E. Roomers, limited to two (2); -5- F. Signs, as follows: (1) Nameplates not exceeding three (3) square feet in area, containing the name and/or address of the occupant of the premises, provided churches shall be permitted an increase to the size of twenty-five (25) square feet for the purpose of outside bulletin boards; (2) One unlighted sign not exceeding six (6) square feet in area pertaining only to the sale, lease or hire of only the particular building, property or premises upon which displayed, and for no more than three (3) months; (3) Where dimensional and other regulations are in conflict with Chapter 11.36, Uniform Sign Code, as amended, the more stringent regulation shall apply. G. Small animals, including household pets, not to exceed three (3) in any combination thereof, when kept on the same lot as the resident of the owners of such animals or pets. 2. Permitted accessory buildings and structures shall include the following: A. Uses in accessory buildings and structures. (1) Amateur radio tower subject to condi- tional use permit grant; (2) Fallout shelters; (3) Greenhouses, private and noncommercial, for propagation and cluture only and no sales from the premises shall be permitted; (4) Guest houses subject to the following conditions: (a) The grant of a conditional use permit; (b) The lot upon which said guest house is located shall contain not less than 20,000 square feet regardless of the zoning established on a property; (c) It shall be accessory to a one family dwelling and shall be a detached structure; (d) It shall not contain more than two (2) bedrooms; (e) It shall have no kitchen or cooking facilities, shall be used and/or designed for use primarily by guests and/or servants and primarily for sleeping quarters; and (f) It shall not be occupied by paying tenants and/or roomers and/or boarders. (5) Private Docks and Mooring: Facilities and a private boathouse or hanger for the sole use of the -occupant of the premises and their guests, to accom- modate private noncommercial pleasure craft, provided that such docks, moorages, boathouses and appurtenances thereto be in harmony with the character of the principal structure and the dwellings in the district. (6) Private Garages: Private garages and/or carports designed to accommodate no more than four (4) cars; (7) Private Stables: Privately owned non- commercial stables for the keeping of horses for personal use with the minimum lot size and open space for maintaining and pasturing said horses in compliance with Chapter 3.30 of the Edmonds City Code and providing a minimum setback of thirty (30) feet from any property line and subject to the approval of the City Health Officer. (8) Swimming pools and other recreational facilities for the sole use of occupants or premises and their guests. -7- B. Requirements for Accessory Buildings (1) Area: Maximum square footage of coverage shall not exceed 1,000 square feet, but in no case shall the combined area of the accessory structure or building and other buildings on said premises exceed the allowable lot coverage. (2) Basements: Accessory buildings, excepting fallout shelters, shall not have basements. (3) Height: Maximum height shall be fifteen (15) feet except amateur radio towers. (4) Setbacks: Accessory buildings and structures shall meet all front and side yard setbacks but may be located to within five (5) feet of the rear property line. APPROVED: MAYOR, H. H.`HARRISON ATTEST: �. �✓xL � tea-/— �,�% CITY CLERK, IRE .VARNEY MORAN FILED WITH THE CITY CLERK: June 10, 1976 PASSED BY THE CITY COUNCIL: August 17, 1976 PUBLISHED: ;august 25, 1976 AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON ss COUNTY OF SNOHOMISH THOMAS J. COAD, being first duly sworn, on oath deposes and says that he is the Publisher of the EDMONDS TRIBUNE -REVIEW, a weekly newspaper. That said newspaper is a legal newspaper and has been designated as such by Court Order No. 38282, and is now and has been for more than six months prior to the date of the publications herein- after referred to, published in the English language continually as a weekly newspaper in Snohomish County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper, and that it was of general circulation in said Snohomish grin t shop County That the annexed is a true copy of a Ordinance No, 1861 as it was published in regular issues (and not in supplement form) of said news- paper once each week for a period of one �MXXLjt�M week/ commencing on the 2 th day of August 19 - and ending on the day of 19 —, both dates inclusive, and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $ 118.40 , which amount has been paid in full, at the rate of $ 2.00 a hundred words for the first insertion and $ a hundred words for each subsequent insertion. Subscribed and sworn to before me this 25th day of Ate gti s • 197A Notary Public in and for the State of Washington, residing at Edmonds, Wash. are done both by hand and machine. MEDICARE SUPPLEI FOR SENIO Snohomish County Physicians Corporatioi September 1 thru September 2S, 1976 1 AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON as COUNTY OFSNOHOMISH THOMAS J. COAD, being first duly sworn, on oath deposes and says that he is the Publisher of the EDMONDS TRIBUNE -REVIEW, a weekly newspaper. That said newspaper is a legal newspaper and has been designated as such by Court Order No. 311282, and is now and has been for more than six months prior to the date of the publications herein - ORDINANCE NO,1861 ;AN ORDINANCE OF THE CITY OF EDMONDS, SHINGTON, AMENDING ICTION 12.13.040 SUONDARY USES IN RS DISTRICTS BY IMPOSING CERTAIN RESTRICTIONS OR ACCESSORY BUILD- II((GS AND STRUCTURES PERMITTED AS SACONDARY USES IN RS DISTRICTS PURSUANT TO PLANNING- COMMISSION RESOLUTION NO. -509 AND —99TARLISHING NEW PRO- C E D U R E S F O R ;;PROCESSING HOME �­WUPATION PERMITS .,AND ESTABLISHING _CRITERIA FOR GRANTING -.'OF THE SAME PURSUANT ­70 PLANNfNG COM- m MISSION RESOLTUION NO. - WHEREAS, The City .'.6iincil of the City of "Etlmonds, Washington, ,,pursuant to _Planning Eommission Resolutions No. Wo and WS, called public 'hearings, and having during said hearings determined it to i�In the best interests of the r 0iihne health, safety and Zwelfare to amend the tE"dmonds Saning Ordinance " ,getforth below, pursuantto l tanning Commission '-Hesolutions No. 508 and 509. ''dOw, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, „Iy.ASHINGTON, DO ORDAIN ASPOLLOWS: Section 12.13.040 of the Edmonds City Code is hereby amended toread as follows: "12.13.040. Secondary Uses in RS Districts. In an RS zone Ofollowing noncommercial ores only are permitted as 2 ondary uses and as herein - Er specifically provided allowed by this section, Masbject to the general �p5h is t s and exceptions set Tenth inthis title. tecondary uses NA shall Include the ng: y nurseries, child care s, preschools and te kindergartens, to grant of conditional rmit and statement of ting conditions, d there is established intained in connection ith a fenced play lot on remises, with a um area of four d (400) square feet, additional forty (40) feet for each child in excess of ten (10) in number, and subject to the regulations Of the State Department of 4 Social and Health Services. Appeal procedures for -re-hearing shall be as provided -in Section I2.13.110(1)(6); (c) Equipment use: Mechanical equipment can be used provided it is compatible R Ith a residential environ- ment. (it) Traffic: The home - occupation shall not generate any more traffic than is normal for a single residence in the neighborhood. (e) General regulations: No _Lommodides shall be sold or rented on the premises except instructional materials pertinent to the home-occppa- tion (i.e., music books). The display of commodities outside the premises or to a window is prohibited, nor shall the home -occupation require purchasers or prospective purchasers, to visit the site to view the mer- chandise. No unreasonable amount of dust, odor, smoke nor noise sballbepermilted. (f) Signs: A sign is permitted provided it does not exceed three (3) square feet in size. It shall contain only the name and/or address of the residents, (g ) Other criteria for Board or City Planner action: The following conditions by way of example and not as a limitation, may justify a denial by the Board or City Planner of a conditional use permit for a home-occupa- lion: (1) The on -street or on -site parking of trucks or other types of equipment associated with the home.-001tup9fi0a. (2) The presence of materials stored outside the residential structure and used in conjunction with the proposed home -occupation. (a) The littered, unkept, and otherwise poorly maintained condition of the dwelling site. (h) All permits approved by either the Board or the Planner shall be personal to The applicant and shalt not be transferable or otherwise assignable. (i) Appeal by adjoining residents: Any time after three (3) months following 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 neighbor- hood nuisance. This complaint action is initiated by petition signed by three (3) the City Planner, request and English language continually as a weekly persons living in separate set a review of any home- 'ashington, and it is now and during all of residences within three occupation permit approved hundred (39D) feet of the by the City Planner. ntained at the aforesaid place of publication Subject property and The Board sball hear all of general circulation in said Snohomish accompanied by the appeals from decisions of the conditional use permit fee. Ctty Planner or his designee The petition shall set forth approving or denying any Ordinarloe No. 1861 separately each reason for Permit pursuant to the the revocation and a brief procedure provided herein• statement of the facts above. forming the basis for each (2) All home-occupatlans' (and not in supplement form) of said news- allegafion. The petitioners or shall comply with the of one pygp weeki, their representative shall be following regulations: required to be present at the (a) Area used: The of Augi3st 1936 hearing and shall be required occupation shall be conducted to present testimony or other entirely within the principal of 18 evidence in support of the building or other accessory newspaper was regularly distributed to its allegation, structures. d. That the full amount of the fee charged At the public hearing called (b) Employment: The in the manner as the original employment of any persons rim of $ --- i&4, , which amount has application, the permit may other than a member of the be revoked if the Board finds immediate family residing on ' 00 a hundred words for the first insertion the use to be a nuisance, the premises is prohibited for ch subsequent insertion. deleterious to the neighbor- those enterprises conducted hood or inconsistent with the primarily on the premises. expressed purposes of "RS" Building trades and similar classified property. persons using their home or D. Plant nurseries, subject apartment primarily as an, zSII-day of Aiagra} lg., to grant of conditional use office in conjunction with permit; business activities conducted E. Roomers, limited to two off the premises may have __ +~'J-'�-%4��-•" (2); other employees provided ,f Washington, residing at Edmonds, Wash. F. Signs, as follows: they are not employed on the (1) Nameplates not premises, they do not park on exceeding three (3) square or near the residential feet in area, containing the - dwelling site, and they are not name and/or address of the required to visit the residence occupant of the premises, during the course of business. provided churches sball be (1) Amateur radio tower - permitted an increase to the subject to conditional use size of twenty-five (25) square permit grant; feet for the purpose of outside (2) Fallout shelters; bulletin boards; (3) Greenhouses, private (2) One unlighted sign not and noncommercial, for exceeding six (6) square feet propagation and cluture only in area pertaining oaly to the and no sales from the sale, lease or hire of only the premises shall bepermitted; particular building, property (4) Guest houses subject to or premises upon which the following conditions: displayed, and for no more (a) The grant of a than three (1) months; conditional usepermit; (3) Where dimensional and (b) The lot upon which said other regulations are in guest house is located shall conflict with Chapter 11.36. contain not less than 29.000 Uniform Sign Code, as square feet regardless of the amended, the more stringent zoning established on a regulation shall apply. property G.SmaRanimals,including (c) It shell be accessary to fiousehald pets, not to exceed one family dwelling and sh three (3) in any combination he a detached structure; thereof, when kept on the ( it) Itshall not contain more same lot as the resident of the than two (2) bedrooms; owners of such animals or (e) It shall have no kitchen pets• or cooking facilities, shall be 2. Permitted accessary used and/or designed for buildings and structures shall primarily by guests and/ include the following: servants and primarily A. Uses In accessory sleeping quarters; and buildings and structures. (f) It shall not be occupier. B. Foster homes with not by paying tenants and/afY more than the number of roomers and/or boarders. Persons permitted by (5) Private Docks aaf definition of a "family" as Mooring: Facilities and defined in Chapter 12.12. private boathouse or ban C. Home -Occupations: for the sole use of thy,. Intent: The home -occupation occupant of the premises and1 is a special use avowing their guests, to accommodafi people to use their residence private noncommercial; for a low profile office or pleasure craft, provided that' workshop as long as such a such docks, moorages, boat - business maintains the houses and appurtenances residential character of the thereto be in harmony with area and does not generate the character of the principal any more traffic than is structure and the dwellings in normal for a single residence the district. in the neighborhood nor gives (6) Private Garages: the appearance of a Private garages and/or car - commercial enterprise. ports designed to accom- (1) Review procedure: modate no more than four (4) (a) City Planner: Apphea- cars; Baas for a home -occupation (7) Private Stables: permit which do not include Privately owned non-com- outside storage of materials, mercial stables for the equipment or machinery, or keeping of horses for personal traffic or other conditions use with the minimum lot size which maybe incompatible in and open space for a residential zone, as maintaining and pasturing determined by the City said horses in compliance Planner, shall be processed with Chapter 3.30 of the and heard by the City Planner Edmonds City Code and or his designee in accordance providing a minimum setback with this section and Sections of thirty (30) feet from any 12.14.080 and 12.16.090 of the property line and subject to Edmonds City Code. The City the approval of the City Planner shall hold a hearing Health officer. not later than thirty (30) days (a) Swimming pools and from the date that an other recreational facilities application is received and for the sale use of occupants sotification shall be or premises and their guests. accomplished in compliance B. Requirements for Acces- with Section 12.16.150 of this sory Buildings Code. All permits approved (1) Area: Maximum square by the City Planner shall be footage of coverage shah not Subject to review by the exceed 1,000 square feet, but Board of Adjustment if, at the in no case shall the combined next regular meeting of the area of the accessory Board following the approval structure or building and of the permit by the City other buildings on said Planner the majority of those premises exceed the Board members present at allowable lot coverage. said meeting shall vote to set (2) Basements: Accessory the matter for hearing. buildings, excepting fallout Anyone desiring to appeal the shelters, shall not have base - decision of the City Planner meats. granting or denying such a (3) Height: Maximum permit may appeal the height shall be fifteen (15) decision of the Planner to the feet except amateur radio Board of Adjustment by filing towers. notice of such appeal with the (4) Setbacks: Accessory Planning Department within buildings and structures shall ten (10) days following the meet all front and side yard hearing. setbacks but may be located (b) Board of Adjustment. to within five (5) feet of the The Board of Adjustment rear property line. shall hear all applications for APPROVED: home -occupation permits /s/H.H.HARRISON involving conditions which MAYOR. H.H.HARRISON the City Planner or his ATTEST: designee determines may not /s/ Irene Varney Moran be compatible in residential CITYCLERK, tones, including, by way of IRENE VARNEY MORAN example and not limitation, FILED WITH THE CITY those involving unusual CLERK ' June 10,1976 traffic and/or vehicles, P ;SSF.p BY THE CITY outside storage of materials COUNCIL: August 17,1976 or machinery, noise or other PUBLISHED: August 25, conditions which might make 1976-863 the proposed home -occupa- tion incompatible with a resi- dential zone. The Board may, upon a vote of the majorityof the Board at the next regular meeting following approval of any home -occupation permit by