The URL can be used to link to this page

Home My WebLink AboutITEM VIII-A-5~_ CITY OF, ~UBUR WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Zoning Code Amendments (Amending Auburn City Date: December 11, 2007 Code Chapter 18.60) revising development standards for home occu ations ZOA06-0001 Department: Planning, Attachments: Ordinance No. 6141 Budget Impact: NA Buildin and Communit Administrative Recommendation: Cit Council to introduce and ado t Ordinance No. 6141. Background Summary: The City's home occupation standards (Auburn City Code (ACC) Chapter 18.60) were adopted in 1987 and no new provisions or amendments to these standards appear to have been adopted since 1988. Changes over time regarding how businesses are conducted from residences, such as the Internet, as well as an increase in the number of people that conduct business from their homes warrant a review of these standards. In 2006 and recently in August 2007, the Planning and Community Development (PCD) Committee reviewed the City's home occupation code and identified potential amendments related to Home Occupations. A summary of the changes in detailed in the Findings of Fact on the next page. A Planning Commission study session was held on the home occupation code amendments on October 2, 2007. On November 7, 2007 the Planning Commission held a public hearing on the amendments relating to development standards for home occupations. One individual testified on the proposed amendments; stating that the code amendments preclude bed and breakfasts, in particular the limitations on floor area, hours of operation, and signage. Staff suggested modifications to the Commission that would alleviate these concerns. At the November 7, 2007, meeting the Planning Commission made a recommendation to the City Council for adoption of the proposed code amendments with modifications that have since been incorporated in conjunction with the Planning & Community Development Committee's recommendations (from their meetings on November 26~h and December 10, 2007). L1217-7 03.4.2.1.2, 03.10.2 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ^ Arts Commission COUNCIL COMMITTEES: ^ Building ^ M&O ^ Airport ^ Finance ^ Cemetery ^ Mayor ^ Hearing Examiner ^ Municipal Serv. ^ Finance ^ Parks ^ Human Services ®Planning & CD ^ Fire ® Planning ^ Park Board ®Public Works ^ Legal ^ Police ® Planning Comm. ^ Other ^Public Works ^ Human Resources ^ Information Services Action: Committee Approval: ^Yes ^No Council Approval: ^Yes ^No Call for Public Hearing _/_/_ Referred to Until _/_/_ Tabled Until _/_/_ Councilmember: Norman Staff: Baker Meetin Date: December 17, 2007 Item Number: VIII.A.5 AUBURN' MORE THAN YoU IMAGINED Agenda Subject: Ordinance No. 6141 Date: December 17, 2007 FINDINGS OF FACT: 1. Auburn City Code section 18.04.460 defines Home Occupations as follows: "18.04.460 Home Occupation "Home Occupation" means any activity undertaken for gain or profit and carried on in a dwelling, or building accessory to a dwelling. (Ord. 4229 § 2, 1987)" 2. The City's home occupation standards (Auburn City Code (ACC) Chapter 18.60) were adopted in 1987 and no new provisions or amendments to these standards appear to have been adopted since 1988. Changes over time regarding how businesses are conducted from residences, such as the internet, as well as an increase in the number of people that conduct business from their homes warrant a review of these standards. 3. In general these proposed revisions focus on providing increased clarity of the code requirements, more flexibility for the operation of home businesses, and putting additional restrictions in place to protect neighborhood quality. 4. Amendments in the attached ordinance include: • Allowing one full time non-resident employee to work at the home occupation provided that off-street parking for the employee is available on-site (current code only allows family members residing on premises to be employed in the home occupation). • Eliminating the requirement that no inventory be kept on premises except incidental supplies necessary for the home occupation and the requirement that that no commodities be sold except those produced on premises. This is one area that has raised interpretation issues as more home occupations rely on internet activity involving goods not produced on premises. The home occupation shall not involve the use of personal commercial vehicles for the distribution of materials to or from the premises. Commercial vehicles are defined in ACC 18.04.245 as semi-truck tractors and/orsemi-trailers (over 26,001 pounds gross vehicle weight rating) used in any commercial enterprise. Deliveries or pick-ups by commercial delivery services would not apply toward this limitation provided such pick up or delivery does not exceed twice per day. • Allow for larger signage than the current one square foot limitation, an increase to 18" x 24" in area. Also allow home occupations in commercial or industrial zones to have signs consistent with the applicable zoning district rather than be limited. Except for bed and breakfasts, employee and customer visits shall be limited to the following hours of operation: • Employees from 8:00 a.m. to 6:00 p.m. Monday through Friday and from 9:00 a.m. to 6:00 p.m. on Saturdays. • Customers from 9:00 a.m. to 6:00 p.m. Monday though Saturday. • No employee or customer visits shall be permitted on Sundays or federal holidays. • Limiting traffic generated by the home occupation to a maximum of eight (two-way) client/ delivery related trips per day for those home occupations that operate by appointment only Page 2 of 4 Agenda Subject: Ordinance No. 6141 Date: December 17, 2007 and do not have overlapping client visits. All other home occupations shall be limited to five (two-way) client delivery trips per day. • Prohibiting outdoor storage of materials, goods, products or equipment. This is a standard that is enforced currently based on the definition of home occupation (ACC 18.04.460) that states that home occupations are conducted "in a dwelling, or building accessory to a dwelling". However, this is intended to make the requirement clear. • Eliminating auto repair as a possible home occupation (currently auto repair can be a home occupation if a Special Home Occupation permit approval through the Hearing Examiner is obtained). • Adding a requirement for a Special Home Occupation permit for building construction and/or landscape contractors (unless the home occupation is solely used for office purposes). • Eliminating the requirement for a Hearing Examiner public hearing to terminate a home occupation. Instead, home occupation complaints would be reviewed and investigated through the City's code enforcement process. 5. Existing legally established home businesses that do not conform to the revised standards would be allowed to continue as non-conforming uses. 6. At its July 5, 2006 meeting the Planning Commission requested additional information which was presented at the October 2, 2007 study session including: Home occupation code examples from other cities. Information regarding home occupations from business license database. Business license data indicate that approximately 15% of registered businesses are home occupations. The bulk of such home occupations fall under a general heading of services (sewing, interior design, consulting). The second most frequent home business is day cares establishments. Definition of "business" from the business license code; Auburn City Code section 5.10.020. 7. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The code amendments are supported by the City of Auburn Comprehensive Plan (ACP). Goal 8 (Neighborhood Quality) is, to maintain and protect,all viable and stable residential neighborhoods". Objective 8.1 is, "to maintain and enhance all viable and stable residential neighborhoods". Associated supportive policy LU-42 is as follows: "LU-42: Home occupations in residential neighborhoods shall be permitted only if they comply with performance standards that ensure compatibility with adjacent residential uses." (Page 3-21 ACP). 8. Environmental review on the proposal in accordance with the State Environmental Policy Act (SEPA) has been completed with a final determination of non-significance (DNS) issued July 18, 2006. No appeals were filed. 9. On August 2, 2006, notice of the proposed code amendment was provided to the Washington State Department of Community, Trade and Economic Development and other State agencies, pursuant to RCW 36.70A.106. No comments were received from any agency. 10. On November 7, 2007 the Planning Commission held a public hearing on the amendments relating to development standards for home occupations. One individual testified on the proposed amendments; stating that the code amendments preclude bed and breakfasts, in particular the limitations on floor area, hours of operation, and signage. Staff suggested modifications to the Commission that would alleviate these concerns. Page 3 of 4 Agenda Subject: Ordinance No. 6141 Date: December 17, 2007 11. At the November 7, 2007, meeting the Planning Commission made a recommendation to the City Council for adoption of the proposed code amendments with modifications that have since been incorporated in conjunction with the Planning & Community Development Committee's recommendations (from their meetings on November 26~h and December 10, 2007). The Planning Commission recommended the following changes: • On page 2 of the ordinance under Section 18.60.020.A-change "one non-resident employee" to "one full time equivalent non-resident employee" in order to have more flexibility. For example two part time employees could be employed rather than one full time, allowing for job sharing. • On page 2 of the ordinance under Section 18.60.020.C-add "(except) for bed and breakfasts" at the end to allow bed and breakfasts to use more of the home due to the nature of their business. • On page 3 of the ordinance under Section 18.60.020.E-change "does not exceed once per day" to "does not exceed twice per day" to allow more deliveries. ~~ • On page 3 of the ordinance under Section 18.60.020.G-change one square foot in area" to "not to exceed 18" x 24" in area" to permit an increase in sign size for better visibility in response to testimony received. This increase in size would result in allowance of a 3 sq. ft. sign for a home business, which is less than that allowed by code for a real estate "for sale" sign which can be up to 5 sq. ft. in size. • On page 3 of the ordinance under Section 18.60.020.J-change the proposed new provision to read as follows "the home occupation shall only have employee and customer visits from 7:00 a.m. to 8:00 p.m. Monday through Friday and from 9:00 a.m. to 6:00 p.m. on Saturday, Sundays, and federal holidays, except for bed and breakfasts;" to apply the hours of work to employees as well as customers and to accommodate the operation of bed and breakfasts. Page 4 of 4 ORDINANCE 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 18.60.060 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 ~ 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 impacts that are inconsistent with the character of the area in which the home accupatian is located. (Ord. 4229 § 2, 1987.) 18.60.020 Requirements. Home occupations are required to have a business license~~r-a#+ar~ as issued by the Ccity-elefk, 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 time; provided that, home occupations with a non-resident employee shall provide off-street parking for the employee on-site; €~---~~o--anve,-,=Q,y '--,~-key-4e#he~--t~~dal- s~~~paie f#{e,.t,~,~s-o~ar~r~t~-~en~~el}fieEted--car--t-ram-~^^'~a-occ-a~ic~~-at-Iy~,~c3ld--k~ #~ts-:s~~h--a-s ~i-vri i a,~tCtt't't~'tJ~ --C~ ~Tt~'C~'es ~ e't'Fr. ~ i iu~'rp°- a~c~. r~c~-s7c~.rn r'e'ed- , fie~1t~-c.~.r-r~I-I-~:~t~r-r re--i=~a8 ----------------- Ordinance No. 6141 December 11, 2007 Page 2 of 6 BG. No mechanical equipment is used except such as is commonly or customarily used for domestic, household or personal purposes for a dwelling unit (or as deemed similar in terms of power, quantity, noise, emissions and type); DG. Not more than one-fourth of the floor area of any building is devoted to such occupation, except for bed and breakfasts e# f~ e r--~a~~-r-pry cam; €~D. That such occupation shall not require internal or external alteration or involve construction features not customarily found in a dwelling; ~E. The horns 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 or pick-ups by commercial delivery services shall not apply toward this limitation provided such pick up or delivery does not exceed twice per day; ~F. 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; kiG. Only one sign is permitted, not to exceed 18" x 24" in area, nonilluminated, and attached to a building except that, home occupations in commercial or industrial zones may have signs consistent with the applicable zoning district; fH. No display pertaining to the occupation, other than the one permitted sign is visible from the street or adjacent residences; ~l. No more animals are maintained on the premises than what may otherwise be permitted in the zone; KJ. Except for bed and breakfasts, employee and customer visits shall be limited to the following_hours of operation: 1. Employees from 8:00 a.m. to 6:00 p.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. Monda though Saturday. 3. No employee or customer visits shall be permitted on Sundays or 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 occupations that o erate b a ointment onl and do not have overly in client visits. All other home occupations shall be limited to five (two-way) client/-delivery trips per day L. Outdoor storage of materials,goods, products or 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 impacts 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 ~ine11 of the 13~- requirements: 1. ;Building and construction contractor services, to include landsca~ng services (unless the home occupation is solely used for office purposes); 2. Personal service shops; 3. Music and dancing studios; 4. Craft classes; 5. Animal grooming;. 56. Home occupations that can only meet e11 or 129 of the 13~- requirements as outlined in ACC 18.60.020(A) - (~M). 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 locatedia and1 2. ttThe 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. OD. 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 fallowing uses shall not be permitted as home occupations: A. Automobile and motorcycle repair and bod~,work (ta include painting); B. Automobile services, including stereo installation, car alarms and detailin C. Heavy equipment repair and maintenance. 18.60.0650 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,Tl~e-h~a~n~ a home occupation may be immediately terminated if the City finds, ,that the tie home occupation is being conducted in a manner which is detrimental to the public health,- or safety , pr-e~e~ties. In the event of such immediate termination, the o~eratar of the home occupation shall be advised that he or she shall have the right to request a public hearing on the praprietY 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: PASSED: APPROVED: PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam City Clerk ----------------- Ordinance No. 6141 December 11, 2007 Page 5 of 6 City Attorney PUBLISHED: ----------------- Ordinance No. 6141 December 11, 2007 Page 6 of 6