003-15 - Ordinance - Clarification of Interpretation - Home Business and Definitions Within the Storm Drainage UtilityIntroduced by:
Requested by:
Drafted by:
Reviewed by:
Introduced:
Adopted:
ORDINANCE NO. 003-15
Public Works Director
Utilities Committee Chair
Public Works Director
Interim City Attorney
March 10, 2015
March 10, 2015
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, RELATING TO CLARIFICATION OF
INTERPRETATION BETWEEN 16.38 POMC - HOME BUSINESS
AND 13.o6.o6o POMC - DEFINITIONS WITHIN THE STORM
DRAINAGE UTILITY AND RATES.
WHEREAS, on October 28, 2014, the Port Orchard City Council adopted
Ordinance No. 015-14, thereby establishing a new Storm Drainage Utility Rate
beginning January 1, 2015; and
WHEREAS, the Port Orchard City Council's decision to adopt Ordinance No.
015-14, effective January 1, 2015 was conditioned to resolve several issues raised during
the public hearing process; and
WHEREAS, the Public Works and Planning Department(s) confirm that the
issue raised during the public hearing process involving interpretation of 16.38 POMC -
Home Business needs to be better clarified, such that a home business commercial
activity incidental to the residential use of the home does not constitute a commercial
classification with regards to 13.o6.o6o POMC - Definitions within the Storm Drainage
Utility; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION i. Port Orchard Municipal Code Section 13.o6.o6o is hereby
amended as follows:
13.o6.o6o Definitions.
(2) "Commercial/Multi-Family" shall mean all property which is not defined as
Single -Family Residential in Section 6 below.
(6) "Single -Family Residential" shall mean any residential structure designated
for occupancy by three or less family households (single-family, duplex or
triplex), including those uses which may include "home business" pursuant to
Ordinance No.003-15
Page 2 of 2
Chapter 16.38 POMC, provided that the commercial activity remains incidental to
the residential use and does not interfere with the residential character of the
neighborhood through noise, traffic, safety hazards, or other public nuisances
that may be generated by the commercial activity.
SECTION 2. If any section, sentence, clause or phrase of this ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any
other section, sentence, clause or phrase of this ordinance.
SECTION 3. This ordinance shall be in full force and effect May 1, 2015, after
posting and publication as required by law. A summary of this Ordinance may be
published in lieu of the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the
Mayor and attested by the City Clerk in authentication of such passage this loth day of
March 2015.
ATTEST:
"t?A0,10�,--
Brandy Rinearson, CMC, City Clerk
APPROVED AS TO FORM:
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Car 1 Morris, Interim City Attorn�� y 'pRPO •. 0",,
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&cl) /' naZ�-
Timothy CA4atthes, Mayor
Sponsored by:
CinX Lucarelli, Councilmember
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held March 10, 2015.
ORDINANCE NO. 003-15
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO CLARIFICATION OF
INTERPRETATION BETWEEN 16.38 POMC - HOME BUSINESS AND 13.06.060 POMC - DEFINITIONS WITHIN THE
STORM DRAINAGE UTILITY AND RATES
Copies of Ordinance No. 003-15 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 003-15 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk