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Home My WebLink About2059 Home OccupationsORDINANCE NO. 2059 AN ORDINANCE REGULATING HOME OCCUPATIONS, AND AMENDING SECTIONS OF THE PORT TOWNSEND'S COM- PREHENSIVE ZONING ORDINANCE, TITLE 17 OF THE PORT TOWNSEND MUNICIPAL CODE THE CITY COUNCIL FOR THE CITY OF PORT TOWNSEND, IN REGULAR SESSION ASSEMBLED, DO ORDAIN AS FOLLOWS: Section 1 Section 2.45 of Ordinance Number 1625, codified as Section 17.08.215 of the Port Townsend Municipal Code, is here and hereby amended to read as follows 17.08.215 HomeOicc~pa~i..~n "Home Occupation" and cottage indus- tries are those that occur within a persons dwelling. Such occu- pations may involve a repairshop for household items, small scaled service, educational, professional, wholesale or manufacturing business. Retailing and retail sales on premises shall not be considered a home occupation. Home occupations and cottage indus- tries are activities which have little impact in terms of traffic generation, noise, appearance, operating hours or other factors affecting the use and enjoyment of properties within the neighbor- hood. Home occupations shall only be allowed as regulated in this title. Section 2 Section 3.03 of Ordinance Number 1625, as amended by Sectional of Ordinance Number 1686, and as further amended by Section 1 of Ordinance Number 1761, codified as Section 17.16.010 of the Port Townsend Municipal Code is here and hereby amended as follows: The table of permitted uses showing permitted and conditional uses for those items listed between the uses of "fur storage" and "ice manufacture storage and sales," inclusive, is amended as shown in Exhibit A attached hereto and by this reference incorporated herein as if set forth in full, to provide: "home occupation as regulated in Sections 17.08.215 and 17.64.04'0 ~n~ ~_71.64.045." section 3 There is added to Ordinance Number 1625, and to Chapter 17.64 of the Port Townsend Municipal Code, a new Section to read as follows, to be codified as Section 17.64.045: -1- Criteria - H_om..e. Occup_ati~o_~s A. Any person or party wishing to establish a home occupa- tion or cottage industry shall make application to the City Public Works Department/Administrative Assistant. The Public Works Department/Administrative Assistant shall not issue a permit to allow as a home occupation auto repair and detailing, outdoor storage of building or construction materials, animal hospitals, clinics, hospitals, dancing schools, funeral homes, private clubs, commercial print shops, renting of trailers, restaurants, and kennels. The Public Works Department/Administrative Assistant may issue a permit for a home occupation provided that the following conditions exist and are made part of the permit and any other conditions that the building official deems necessary to assure that the impact of such home occupation will be minimal upon the neighboring properties: 1. Home businesses shall be fully enclosed within the primary residential structure. 2. Home businesses must be secondary and incidential to the primary residential use of the property. 3. At least one person residing on the premises must be engaged in the operation. 4. The business shall employ no more than one person outside the immediate resident family for on-premise employment at one time. 5. Home businesses shall not affect the use, or enjoy- ment of adjacent properties and shall maintain the character of the area in which they are located. To this end, structures shall be architecturally and aesthetically compatible with the surrounding residential area. 6. There shall be no outside storage of materials, goods, supplies or equipment, nor outside display of any kind. 7. The home business shall not be subdivided from the residential property for the purpose of sale, lease or rent. 8. The hours of operation for uses involving non- resident employees and the delivery of materials shall be limited between 8:00 a.m. and 5:00 p.m., Monday through Friday. 9. Noise levels generated shall be consistent with existing noise levels of surrounding neighborhood and shall not be incompatible with the residential nature of the area. 10. The underlying land use designation for properties shall not change as a result of the home occupied business. -2- 11. One sign identifying the home business shall be permitted. Said sign shall be no larger than three (3) square feet in size and shall not be illuminated, and shall be mounted flat to the main wall of the dwelling. 12. Parking shall be prQvided on the site and must not cause traffic hazards or parking p~oblems on adjacent rights-of- way. Chapter 17.28 of this title Shall apply with respect to off- street parking requirements. 13. Buffers or screens will be provided when deemed necessary to reduce potential impacts to adjacent properties. 14. Such use shall conform to all other requirements specified in this Ordinance as well as any special conditions imposed on the home business as the result of administrative, Planning Commission or City Council review. 15. Not more than twenty-five percent (25%) of the total floor area in any dwelling shall be devoted to such use. In no event shall such occupancy exceed 400 square feet. 16. The applicant will also include with his/her request a scaled plot plan detailing the property, improvements to the property and the location of the home business. 17. A home occupation permit issued to one person shall not be transferable to any other person; nor shall a home occupa- tion permit be valid at any address other than the one appearing on the permit. B. After issuance of the permit if the Public Works Department/Administrative Assistant becomes aware of the home occupation being operated in violation of the provisions of the permit, or that the home occupation is causing undue noise, traffic, smell or other objectionable impacts upon the neighbors, upon a written investigation by the Public Works Departmnet/Administrative Assistant the home occupation shall be reviewed in a public hearing conducted by the Planning Commission. The Planning Commission shall provide notice of the public hearing in the same manner as notice for hearing upon condi- tional use permits. Upon completion of the public hearing, the Planning Commission shall recommend to the City Council that the home occupation be (1) continued as is; or (2) be further conditioned to satisfy the nature of the complaints and allowed to continue subject to such additional conditions as the City Council may impose; or (3) terminated. -3- The City Council, at its next regularly scheduled meeting, shall review the Planning Commission's recommendations. The Council may, by formal action, accept the recommendation as sub- mitted, or, upon notice, may conduct its own public hearing and render its own findings, conclusions and decision. Section 4 Section 3.03 of Ordinance Number 1625, as amended by Section 1 of Ordinance Number 1686, and as further amended by Section 1 of Ordinance Number 1761, codified as Section 17.16.010 of the Port Townsend Municipal Code, is here and hereby amended as follows: The table of permitted uses showing permitted and conditional uses for those items listed between the uses of "offices for doctors, lawyers, dentists, architects and engineers, etcetera," and "orphanage and charitable institutions, etcetera," inclusive, is amended as shown in Exhibit B attached hereto and by this reference incorporated herein as if set forth in full, to provide that the offices for doctors, lawyers, dentists, architects and engineers described therein shall be regulated by Sections 17.08.215, 17.64.040 and 17.64.045; and by requiring that offices operated as an incidental home occupation where no contact is made with the general public, and subject to Section 17.64.040, also shall be subject to the provisions of 17.08.215 and 17.64.045. Section 5 The City Clerk shall not issue a city business license and any license so issued shall be void and subject to immediate revocation by the City, to any person, firm or entity which operates or proposes to operate or conduct any business in violation of this Ordinance or of Title 17 of the Port Townsend Municipal Code. Section~ If any term or provision of this Ordinance, or part thereof is held by any Cour~ of competent jurisdiction to be invalid or unenforceable, the remainder of this Ordinance shall not be affected thereby, but shall continue in full force and effect. Section 7 The Ordinances and laws amended or repealed by this Ordinance are amended or repealed except with respect to rights and duties which matured, penalties which were incurred, and proceedings which were begun prior to the effective date of this Ordinance. Any home occupation which was lawful under this title prior to the effective date of this Ordinance may be continued as a non-conforming use pursuant to and as regulated by Chapter 17.52 of this code. Section 8 This Ordinance shall take effect upon its passage, approval and publication in the manner provided by law. Read for the first, second and third times, passed by'-%he City Council for the City of Port Townsend, and approved by the Mayor of the City on this 16th day of December, 1986. Atte st: D-avE Gro~e, City Clerk Appro~%d as to fo~m: Keit~ C:'~-Harper, City Attorney -5- 17.'16,010 PERMITTED AND CONDITIONAL USES Fur storage Garages for storage only of automobiles.' as an accessory to a public or quasi-public in- stitution Garbage, offal, and animal reductions, or processing Heavy industry not otherwise listed, provided board of adjustment finds such in- dustry is similar to other industries in M-II district Home occupations as regulated in Sections 17.08.215 and 17.64.040 .aAd..~..64.045 Home, retirement Horse riding stables Hosiery manufacture Hospitals Hotels and inns Hotels not catering to tran- sient guests and not carrying on merchandise except that which is incidental to the operation of the hotel and for the convenience of guests and where there is no exterior display of merchandise Ice manufacture storage and sales o z o X I-I I-I I I I Exhibit A to Ordinance No..'.~d.~_~ .... 147-32 (Port Townsend 4/15/72) 17.16.010 PERMITTED AND CONDITIONAL USES Offices for doctors, lawyers, dentists, architects and en- gineers, conducted within the principal building, (-b~-~¥ me~-th ~e~-~-~--t.-~e--~. ~e~i s ice equipment and supplies sales and service Office and secretarial service establishments Offices operated as an inci- dental home occupation where no contact is made with the general public, and subject to Section 17.64.040,17.64.045 and, 17.08.215 Oilcloth or linoluem manu- facture Optical and scientific in- strument, jewelry and clock, musical instrument manufacture Opticians and optical sup- plies sales Ore reduction Orphanage and charitable institutions, all provided that no buildings so used shall be within 100 feet of any plot line Z: 0 z 0 X X X X X X X X Exhibit B to Ordinance No 147-37 (~Port Townsend 4/15/72)