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Home My WebLink About6141ORDINANCE NO.6 1 4 1 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, RELATED TO ZONING AND LAND USE, AMENDING CHAPTER 18.60 OF THE AUBURN CITY CODE, RELATED TO HOME OCCUPATIONS WHEREAS, from time to time, amendments to the City of Auburn zoning code are appropriate to update and better reflect the current development needs of the City; and WHEREAS, there have been no amendments to the City's Home Occupation standards of the zoning code since 1988; and WHEREAS, changes over time regarding how people conduct businesses from their residences, such as the Internet, warrant a review of these standards; and WHEREAS, on November 7, 2007 the City of Auburn Planning Commission held a duly noticed public hearing on a proposed code amendments related to home occupations; and WHEREAS, after carefully considering testimony the Planning Commission on November 7, 2007 made a recommendation to City Council; and, WHEREAS, on December 17, 2007 the City Council of the City of Auburn considered the Auburn Planning Commission recommendation; and WHEREAS, environmental review on the proposal in accordance with the requirements of the State Environmental Policy Act (SEPA) has been completed with a final determination of non-significance (DNS) issued July 18, 2006; and WHEREAS, the proposal was received by State agencies for the 60-day review period on August 2, 2006 in accordance with RCW 36.70A.106 with no comments from State agencies having been received during that period. ----------------- Ordinance No. 6141 December 4, 2007 Page 1 of 6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amendment to City Code. That Chapter 18.60 of the Auburn City Code (ACC) is hereby amended as follows: Chapter 18.60 HOME OCCUPATIONS Sections: 18.60.010 18.60.020 18.60.030 18.60.040 18.60.050 18.60.0650 Purpose. Requirements. Exemptions. Special home occupation permit. Businesses not permitted as home occupations. Termination. 18.60.010 Purpose. The purpose of a home occupation is to allow certain activities to be undertaken for gain or profit within a dwelling or a building accessory to a dwelling in any zone in which dwellings are present. The home occupation shall be conducted by a resident of the dwelling unit and is to be conducted in such a manner that the residence shall not differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emissions of sounds, noises, vibrations or odors or result in traffic im acts that are inconsistent with the character of the area in which the home occupation is located. (Ord. 4229 § 2, 1987.) 18.60.020 Requirements. Home occupations are required to have a business licenser°~~jn as issued by the Ccity-~~e~k, comply with all city codes and ordinances, and shall be consistent with the following provisions: A. Only members of the immediate family residing on the premises and no more than one non-resident may be employed at any one tirne~ provided that, home occupations with a non-resident emplo~ree shall provide off-street parking for the employee on-site; ----------------- Ordinance No. 6141 December 11, 2007 Page 2 of 6 BO. No mechanical equipment is used except such as is cammonl~ or customarily used for domestic, household or personal purposes far a dwelling unit (or as deemed similar in terms of power, quantity noise, emissions and type); OC. Not more than one-fourth of the floor area of any building is devoted to such occupation, except far bed and breakfasts ~~~; ~D. That such occupation shall not require internal or external alteration or involve construction features not customarily found in a dwelling; FE. The home occupation shall not involve the use of personal commercial vehicles as defined in ACC 18.04.245 for the distribution of materials to or from the premises Deliveries ar pick-ups by commercial delivery services shall not apply toward this limitation provided such pick up or delivery does not exceed twice per day; GF. The conduct of any home occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable, areas provided for the required off-street parking. Additional parking is not allowed in order to conduct a home occupation, except what may be required through the issuance of a special home occupation permit pursuant to ACC 18.60.040; 14G. Only one sign is permitted, not to exceed 18" x 24" in area, nonilluminated, and attached to a building except that home accupations in cammercial or industrial zones may have signs consistent with the applicable zoning district; tH. No display pertaining to the occupation, other than the one permitted sign is visible from the street or adjacent residences; ~1. No more animals are maintained on the premises than what may otherwise be permitted in the zone; KJ. Except far bed and breakfasts employee and customer visits shall be limited to the following hours of operation: 1 Employees from $°00 a m to 6°00 ~m Monday through Friday and from ___ _ __ 9°00 a.m. to 6:00 p.m. on Saturdays. ~2 Customers from 9°00 a m to 6°00 p m Monday though Saturday. 3 Na employe ar customer visits shall be permitted on Sundays ar federal holidays. K Traffic generated by the home occupation shall be limited to a maximum of eight two way) client/delivery related trips per day for those home accupations that o erate b a ointment and and do not have averia in client visits. Ali other home accupations shall be limited to five (two-way) client/-delivery trips per day. L Outdoor storage of materials goods products ar equipment is not allowed. M. The home occupation is to be conducted in such a manner that the residence shall not differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emissions of sounds, noises, vibrations or odors or result in traffic im acts inconsistent with the character of the area in which the home occupation is located. (Ord. 4229 § 2, 1987.) 18.60.030 Exemptions. Garage sales, yard sales, bake sales, temporary home boutiques or bazaars for handcrafted items, parties for the display of domestic products, and other like uses do ----------------- Ordinance No. 6141 December 11, 2007 Page 3 of 6 not need to comply with the requirements of ACC 18.60.020 as long as the use does not operate for more than 20 days in any one calendar year or in violation of any other provisions of the Auburn City Code. To qualify for this exemption, garage and yard sales must involve only the sale of household goods, none of which were purchased for the purpose of resale. (Ord. 4229 § 2, 1987.) 18.60.040 Special home occupation permit. A. Special home occupation permits are required and must be granted by the hearing examiner for the following uses, even if the use meets all of the requirements of ACC 18.60.020(A) - (f4M), but in no case shall any home occupation meet less than ~+r~e11 of the 13~- requirements: 1. ;Buildincl, and construction contractor services to include landscaping services unless the home accupatian is solely used for office purposes); 2. Personal service shops; 3. Music and dancing studios; 4. Craft classes; 5. Animal grooming; ~6. Home occupations that can only meet n-i~e11 or 128 of the 13~- requirements as outlined in ACC 18.60.020(A) - (f4M). T _ B. In considering applications for special home occupation permits, the hearing examiner shall consider the nature and conditions of all adjacent uses and structures.; a~~ ~+No such special home occupation permit shall be authorized by the hearing examiner unless the hearing examiner finds that_ 1. tThe authorizing of such special home occupation permit will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located, ands 2. elf-1tiTi CThe authorization of such special home occupation permit will be consistent with the spirit and purpose of this title. C. In authorizing a special home occupation permit, the hearing examiner may impose such requirements and conditions with respect to location1 installation, construction, maintenance and operation and extent of open spaces in addition to those expressly set forth in this title, as may be deemed necessary for the protection of other properties in the zone or vicinity and the public interest. CD. A public hearing shall be conducted on all applications for a special home occupation permit. The hearing shall be held in the same manner as provided in ACC 18.70.040. (Ord. 4304 § 1(44), 1988; Ord. 4229 § 2, 1987.) 18.60.050 Businesses not permitted as home occupations. The folbwinc„~uses shall not be permitted as home occupations: A Automobile and motorcycle repair and bodywork {to include painting); B Automobile services including stereo installation car alarms and detailing. C. Heavy equipment repair and maintenance. 18.60.060 Termination. ----------------- Ordinance No. 6141 December 11, 2007 Page 4 of 6 A__ A home occupation may be terminated revoked or suspended as provided for in and in accordance with the regulations for termination, revocation or suspension in Title 5 of the City Code. B Notwithstanding any other provisions of this chapter or of the City Code,T a home occupation may be immediately terminated if the City finds, ,that the t~se home occupation is being conducted in a manner which is detrimental to the public health,- or safety ~gpnr~. In the event of such immediate termination the operator of the home occupation shall be advised that he or she shall have the right to request a public hearing on the propriety of such immediate termination which public hearing, if requested, shall be conducted in the same manner as provided in ACC 18.70.040. (Ord. 4229 § 2, 1987.) Section 2. Constitutionality or Invalidity. If any section, subsection, sentence, clause, phrase or portion of this Ordinance adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof; Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. Effective Date. This Ordinance shall take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: DEC 1 7 2007 PASSED: DEC 1 7' 2007 _A_PPROV)=D: .DEC 1 7 2007 ,, ~ _ ---- _.' r ~ -, ._., PETER B. LEWIS MAYOR ATTEST: ~ ~ ~. Dan' Ile E. Daskam City Clerk ----------------- Ordinance No. 6141 December 11, 2007 Page 5 of 6 City Attorney PUBLISHED: ~ Z - ~~ - ~''~' ~ ----------------- Ordinance No. 6141 December 11, 2007 Page 6 of 6