HomeMy WebLinkAbout2551 Home OccupationsOrdinance No. 2551
AN ORDINANCE RELATING TO HOME OCCUPATIONS; AMENDING AND
ADDING NEW DEFINITIONS TO CHAPTER 17.08 OF THE PORT TOWNSEND
MUNICIPAL CODE; REPEALING AND REPLACING THE HOME OCCUPATIONS
REQUIREMENTS CONTAINED IN SECTION 17.64.045 OF THE PORT TOWNSEND
MUNICIPAL CODE; AND ESTABLISHING NEW, MORE FLEXIBLE
REQUIREMENTS AND AN ADMINISTRATIVE PERMIT APPROVAL PROCESS
FOR HOME OCCUPATIONS.
The City Council of the City of Port Townsend finds as follows:
As recently expressed through the Port Townsend 2020: Getting Together project and
documented in the Community Direction Statement (Chapter III of the City's
Comprehensive Plan adopted pursuant to Ordinance No. 2539), Port Townsend citizens
support streamlining and simplification of City regulations, provided that public health,
safety, and welfare are not adversely affected.
Recent changes in technology have resulted in an increased number of individuals
desiring to establish computer-based home occupations and "telecommute," rather than
travel to work on a daily basis.
The City's existing home occupations requirements, adopted in 1986, do not
appropriately account for these recent changes in technology and individual behavior,
and should be repealed and replaced by new standards that offer greater flexibility, and
which encourage home occupations as a vital part of Port Townsend's economy.
These new requirements for home occupations are clearly linked to the legitimate
public purposes of maintaining character of Port Townsend's residential neighborhoods,
and ensuring that occupations incompatible with residential neighborhoods are located
within mixed use, commercial or manufacturing zoning districts.
This ordinance bears a substantial relationship to the public health, safety, and welfare
of the citizens of Port Townsend as a whole.
Now, Therefore, the City Council of the City of Port Townsend in regular session assembled
does hereby ordain as follows:
Section 1.
Chapter 17.08 of the Port Townsend Municipal Code is hereby amended as
follows:
17.08 .... 209 Guest house.
"Guest house" means a detached structure, being an accessory to one family
dwelling with no more than two bedrooms, having no kitchen facilities, and
Section 2.
which shall be used and/or designed for use primarily by guest and/or servants
for sleeping quarters only.
17,08.210 Hazardous substance.
"H~zardous substance" means any liauid, solid. ~,as. or sludge, includm~ any
material, substance, product, commodity, or waste, regardless of auantitv, that
exhibits any of the characteristics or criteria of hazardous waste as described in
the Washin~t0n Administrative Code rilles (WAC~ adopted under Char>ret
17,08,211 Hazardous waste.
"H~rd0us witste" means and includes all dangerous and extremely hazardous
waste, incluclin~ substances comnosed of both radioactive and hazardous
c0mponenB, regulated under either Chapter 70.105 RCW, or the Washington
Administrative Code rules adopted t~ursuant thereto.
17.08.215 Home occupation ..... s .......----~- *
"Home occupation",~..~ "~.~..~..~ ~;~ ~..~,.4 ~,,....o~_~ ,-~ ,u~.,o,~ ~u~..~ ,.,~.~.~ ...... vA~kn-a
~,.}, ................ ~,~ ........ means any orofession, trade, occm>ation, or
activity carried on for a livelihood or eniac, ed in with the obi eot of Ram.
b~nefit, or advantage to the oarticioant or another ~erson or class, directly or
indirectly, for profit, and which is conducted as a customary, incidental, and
accessory use in the resident's dwellm~ unit or an associated accessory
structure. Home occupations shall only be allowed as regulated m-this-ti~
oursuant to Cha~ter 17.23 PTMC.
Section 17.64.045 of the Port Townsend Municipal Code is hereby repealed in
its entirety:
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Section 3.
A new Chapter 17.23 is hereby added to the Port Townsend Mtmicipal Code
which reads as follows:
Chaoter 17.23
Home Occuoations
Sections:
17.23.010 Pumose.
17,23,020 Permit renuired.
17.23,030 Armlication ~rocess.
17.23.040 Exemptions.
17.23.050 Ineligible activities.
17.23.060 Minimum standards,
17.23.070 Resulted conditions.
17.23.080 Permit administration and enforcement.
17,23,010 Puroose.
A. The intent of this chaoter is to ensure that home occtmations are pr0perlv
uermitted, are undertaken only within a dwelling unit or associated accessory
structure located in a residential use district, are incidental to the primary
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residential use of the structure and land and are comr>atible with the residential
character of the neie. hborhood.
In addition, the intent of this chaoter is to ensure that business activities that
are allowed in residential neiehborhoods are regulated as home occupations.
and that activities not itble to meet the reauirements of this chanter are
performed in mixed use. commercial, or manufacturm~t zonin~ districts.
This chapter is not intended to regulate typical family or personal activities: or
occasional visits by business associates and outside service oroviders, excent as
otherwise provided.
It is not the intent of this chanter to involve the city in the enforcement of
private restrictive covenants.
17.23,02..___0 Permit reouired.
A_.~. A1)olicabil~W. No home occupation shall be operated within the city exceot in
accordance with the provisions of this chaoter. A home occupation oermit is
required for all home occupations excent those exempted PurSuant to section
Tr0nsferability. A home occupation permit is not transferrable to another
person, entity or business and is valid only for the prooertv address set forth on
the permit.
17,23,030 Annlication urocess.
A. Appliqotions. The an~lication for a home occupation permit shall be submitted
on forms obtained from the Director. and shall be acknowledged bv the
r>ro~>ertv owner, if other than the aoplicant. The anplication shall contain all of
the information reauired bv the Director. The anplicant shall also include with
his/her reauest a scaled olot olan detailin~ the r~ropertv, imorovementS to the
~>ro~>ertv, and the location of the home business.
B.~. Pr09edure. The Director shall verify that the anolicati0n is consistent with the
reauirements of this chanter, and that the anplication contains proof of a ci~
business license.
C. Avoroval vrocess. Home occuoations shall be vrocessed as Type I permits, in
accordance with the administrative avvroval vrocedures of Chapter 20.01
PTMC.
D. Limitation. Only one home occuoation ~ermit may be in effec~ at any one time
with re~,ard to any residential dwelling, unit. including any accessory building,
and the home business will under no circumstance be subdivided from the
residential oror>ertv for the oumose of sale. lease or rent.1
This ~rovision should not be construed as limiting the number of home occupations under ~y one permit; more than one such
home occupation may be ~ovemed by the same permit. However~ uader no ciromlstmlces shall the home occupations under any
one l)ermit, cumulatively, exceed the standards set forth in Section 17.23.060 PTMC (e.g., two home occupations may be
associated with the same residence, but may employ a total of Bo more than three (3) nonxesident employees).
17.23.040 Exemptions.
The following activities are exempt from the permit requirements of this chanter, but
shall otherwise c0molv with the substantive reouirements of this cha~ter:
A. Any activities that involve no more than five (5] vehicle visits ~)er week. no
nonresident emt)lovees, and which are incidental to the residential use of the
prat) ertv:
B.~. Instructional activities involving ~lp to ten (10) nonresidents, which occur not
more than one time r>er week: and
C. Child care services involving twelve (12~ or fewer children, includm~ children
who reside in the home; t)rovided, however, that these services comt)lv with
Section 17,32,030 PTMC. Family day care homes.
17,23,050 Inelieible activities.
The following activitie~ are not elimble for a home occupation t>ermit because of their
incompatibility with the maintenance of residential neighborhood character:
A. Medical or pr0fes~ional clinics, as defined in Section 17.08.090 PTMC:
B.~. Retail activities, exeent for merchandise crafted on site or items clearly
accessory to a service (e.~.. sales of t>aintin~,s, crafts or art work. and sales of
hair care t)roducts incident to a beauty salon):
C. Stables. kennels, animal husbandry or farmin~ activities exceot as t)rovided in
Chapter 17.16 PTMC:
D. Vehicle repair, automobile detailing, or automobile sen, icin~ activities:
E. Any activities inv01vin~ more than five (5~ customer or business visits ~er day;
and
F. Other uses not allowed outright or conditionally in residential zones.
17.23.060 Minimum standards~
Every home occunation shall meet all of the followin~ minimum standards:
A_._~. No variation from the residential character of the dwelling, or neighborhood
shall be r>ermitted, and no r~hvsieal ehan~,e shall be made to the exterior of the
structure solely to accommodate the home ocetmation:
B. All activities shall be conducted entirely within the ~rmcit)al or accessorv
F~
structure:
Maximum floor area devoted to the home occut)ation shall not exceed fifty
~ercent (50%~ of the floor area. or eight hundred souare feet (800 sq, ft),
whichever is less:
There shall be no outside dist)lav of any ~oods or material a~sociated with the
home occur~ation:
Exceot for the t)urchase of merchandise crafted on site or items clearly
accessory to a service (e. ~.. ~amtinc~s. crafts or artwork, and hair care products
incident to a beauty salon~ no retail Customers shall visit the home premises at
any time:
There shall be no business visits or nonresident worker amvals or departures
t)ermitted before 8:00 a.m. or after 9:00 t).m.:
m~
One sign identifying the home business shall be t~ermitted, which shall be no
larger Oaan three sauare feet (3 sa. ft3 in size. without illumination, and
mounted flat to the m;hn wall of the dwelling,:
Except for three (3} nonresident workers, and excent for occasional visits by
business associates and outside service ~roviders. ~ersons who do not reside on
the premises shall be ~rohibited from workin~ at the home occupation:
Materials, goo~ or commodities shall be delivered to or from the home
occupation only from 8:00 a.m. to 6;00 ~.m. Monday throup, h Friday: truck
delivery or pi~k-up not common tO a residential dwelling, is not allowed:
NO more than one worker vehicle may be ~arked on-street, and under no
circumstances ~hall t~arking for the home occu~ation cause traffic hazards or
parkin~ ~roblems on adjacent rip. hts-of-wav:
Heow equipment, large ~ower tools or noise or ~ower sources not compatible
with residential are~ shall not be allowed, and no electrical or other similar
interference shall be ~erceotible beyond the ~ro~ertv boundary:
NO production. ~,eneration of any hazardous substance, or storage of any
hazardous waste shall be ~ermitted: and
The home occut~ation shall comt~lv with all other a~lieable reauirements
contained within the Port Townsend Municipal Code.
17.23,070 Reauired conditions.
The Director may issue a permit for a home occupation provided that the followin~
affirmative findings are made:
A. The home occtmation does not involve eauipment or orocesses that introduce
noise, smoke, dust. fumes, vibrations, odors, or other conditions or hazards in
excess of those normally found in residential areas:
B_.,. The home occm)ation does not significantly increase local vehicular or
pedestrian traffic:
C. The home oecunation is not materially iniurious or detrimental tO adioining or
abuttin~ prot)erties:
D. The home occuvation does not endanger the vublic health, morals, safety and
welfare:
E.._,. The home occtroation complies with all a~lieable local, state and federal laws
and re~ulations~:
F~ At least one (1~ t>erson residm~ on the t>remises iS engaged in the operation;
G. The home business does not adversely affect the use or ~ni0vment of ~diacent
prooerties, and maintains the character of the area in which it i~ located;
H. The home occupation is fully enclosed within the primary residence or an
accessory structure that is architecturally and aesthetically compatible with the
su_rroundin~ residential area: and
I. The home business does not involve any outside storage of materials, goods,
sm)plies or eauipment, or an outside display of any kind.
17.23.080 Permit administration and enforcement,
Home occm>ations shall be ~rocessed as Tv~e I permits in accordance with Chapter
20.01 PTMC. and enforced in accordance with the urocedures detailed in Chapter
20.10 PTMC,
Section 4. Severability. In the event any one or more of the provisions of this ordinance
shall for any reason be held to be invalid, such invalidity shall not o/fect or invalidate any
other provision of this ordinance, but this ordinance shall be construed and enforced as if such
invalid provision had not been contained therein; provided, that any provision which shall for
any reason be held by reason of its extent to be invalid shall be deeded to be in effect to the
extent permitted by law.
SectionS. Effective Date. This ordinance shall become effective five (5) days following
publication of the attached summary, which is hereby approved.
Read for the first, second and third times and passed by the City Council of the City of Port
Townsend, Washington, at a regular meeting thereof, held this eighteenth day of November,
1996.
By
/Julie McCulloch, Mayor
Approved as to form: P ] ],l~ 2'lam~~~
I I T~
First reading: November 18, 199'6
Second reading: November 18, 1996
Third reading: November 18, 1996
Passage: November 18, 1996
Publication: November 27, 1996
Effective: December 2, 1996