026-07 - Ordinance - Amending Ordinance 1748 Relating to Home (Cottage) IndustriesORDINANCE NO. 026-07
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
AMENDING PORT ORCHARD ZONING ORDINANCE NO. 1748
RELATING TO HOME (COTTAGE) INDUSTRIES, HOME
OCCUPATIONS, AND HOME PROFESSIONS AND ADDING A NEW
CHAPTER 5.99 ENTITLED "HOME BUSINESSES" TO THE PORT
ORCHARD MUNICIPAL CODE RELATING TO HOME BUSINESS
LICENSING REQUIREMENTS.
WHEREAS, the City is in the process of reviewing its development regulations and it
has come to the City Council's attention that the City has insufficient regulations for home
occupations, home (cottage) industries, and home professions; and
WHEREAS, on March 26, 2007 the City Council passed Ordinance 005-07 imposing a
moratorium on "Home Occupations" and "Home Professions" as accessory uses within all residential
zones; and
WHEREAS, on May 14, 2007, the City Council held a public hearing on the moratorium
in accordance with RCW 35.63.200; and
WHEREAS, on June 11, 2007, the City Council passed Ordinance 017-07 rescinding
the moratorium on "home professions;" and
WHEREAS, pursuant to the direction of the City Council and to further the purpose
of the moratorium, the Port Orchard Planning Commission held public meetings on June 18 and
August 20, 2007, to consider amendments to the City of Port Orchard zoning code and adoption of
licensing requirements for home professions, home occupations, and home (cottage) industries; and
WHEREAS, on August 20, 2007, the Port Orchard Planning Commission took action
by motion to recommend to the City Council certain amendments to the Port Orchard Municipal Code
and also recommended adoption of a new chapter 5.99 relating to the licensing requirements for
"Home Businesses" which includes home professions, home occupations, and home (cottage)
industries; and
WHEREAS, the Planning Commission's recommendations are for text changes to the
zoning code and for adoption of a new chapter under Title 5 of the City's Municipal Code; are
consistent with the City of Port Orchard's adopted development regulations and with the City of Port
Orchard's Comprehensive Plan and will not result in the necessity for any changes to the City of Port
Orchard Comprehensive Plan or Comprehensive Plan Map; and
WHEREAS, City of Port Orchard staff completed an environmental review of this
nonproject action and issued a Determination of Nonsignificance on June 23, 2007 and
Ordinance No.026-07
Page 2 of 7
WHEREAS, public notice was issued for a public hearing on the proposed zoning
code amendment and adoption of POMC Chapter 5.99; and
WHEREAS, on August 27, 2007, a public hearing for consideration of the proposed
zoning code changes and adoption of Chapter 5.99 "Home Businesses" was continued by Council to
September 10, 2007; and
WHEREAS, on September 10, 2007, the Port Orchard City Council held a public
hearing on the proposed zoning code changes and adoption of Chapter 5.99 "Home Businesses"
which was continued to October 8, 2007; and
WHEREAS, the City Council finds that the proposed amendments to the City's zoning
code and adoption of a new chapter 5.99, as set forth below, are in furtherance of the general
health, safety, and welfare of the community and are both consistent with and in harmony with the
general purposes of the Zoning Ordinance, Growth Management Act, and Comprehensive Plan; and
WHEREAS, the City Council finds that the previous provision of the City's Zoning
code, which prohibited customers on -site in the City's R20 zone, should be limited to multi -family
structures due to the close proximity of residences which will increase the overall impacts of the
higher -intensity uses allowed with Home Occupations and Home (cottage) Industries on their
neighbors, and therefore finds that Home Occupations and Home (cottage) Industries shall be
permitted in the R20 zone in single-family homes only; multi -family homes may still qualify for use
as Home Profession; and
WHEREAS, the City Council adopts the foregoing as its findings of fact justifying
adoption of this ordinance; now therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION 1. City of Port Orchard Zoning Ordinance No. 1748, Part B2 Definitions- Land
Use, Section 57 "Home (cottage) industry" is hereby amended to read as follows:
Section 57: Home (cottage) industry
A limited -scale activity undertaken for financial gain with some on -site service or sales or
fabrication, which occurs in a dwelling unit or residential accessory building, or in a barn or
other resource accessory building and is subordinate to the primary use of the premises as a
residence or farm in accordance with the provisions of POMC Chapter 5.99.
SECTION 2. City of Port Orchard Zoning Ordinance No. 1748, Part B2 Definitions- Land
Use, Section 58 "Home Occupation" is hereby amended to read as follows:
Section 58: Home Occupation
A limited -scale activity undertaken for financial gain with some on -site sales or service,
Ordinance No.026-07
Page 3 of 7
which occurs in a dwelling unit or accessory building and is subordinate to the primary use
of the premises as a residence in accordance with the provisions cF POMC Chapter 5.99.
SECTION 3. City of Port Orchard Zoning Ordinance No. 1748, Part B2 Definitions- Land
Use, Section 59 "Home Profession" is hereby amended to read as follows:
Section 59. Home Profession
A limited -scale activity undertaken for financial gain with no on -site fabrication, service or
sales, which occurs in a dwelling unit or accessory building and is subordinate to the primary
use of the premises as a residence in accordance with the provisions of POMC Chapter 5.99.
SECTION 4. City of Port Orchard Zoning Ordinance No. 1748, Part B3 Residential Land
Uses Table Accessory uses, is hereby amended as follows: 1) all allowed Home (cottage) industry,
Home occupations, and Home professions shall be subject to the provisions of POMC Chapter 5.99; 2)
all allowed Home (cottage) industry and Home occupations shall be conditional uses; 3) and Home
(cottage) industry and Home occupations shall be permitted in R20 in single-family detached homes
only. These amendments are set forth in Exhibit A attached hereto and by reference incorporated
herein.
SECTION S. Title 5 of City of Port Orchard Code is hereby amended by adding a new
Chapter 5.99 entitled "Home Businesses" to read as follows:
Chapter 5.99
HOME BUSINESSES
Sections:
5.99.010 Purpose
5.99.020 Definitions
5.99.030 Business License Required
5.99.040 Home Businesses — Requirements
5.99.050 Revocation of Home Business License
5.99.010 Purpose
The purpose of the home business regulations is to balance the competing interests
of persons wishing to engage in limited commercial activity within residences with those of
their neighbors in maintaining the residential character of the neighborhood. These
provisions have therefore been enacted to ensure that all 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. It is the express intent of the City to not create a
commercial atmosphere in its residential zones.
5.99.020 Definitions
(1) "Accessory Use" means a use or activity that is subordinate and incidental to the
Ordinance NoA26-07
Page 4 of 7
primary use of a residence as a dwelling unit.
(2) "Kennel" shall have the same meaning as defined in the Port Orchard Zoning
Ordinance 1748, Chapter B2 Section 70, now or as hereafter amended.
(3) The term "Home Business" or "Home Businesses" shall include Home (cottage)
Industry, Home Occupation and Home Profession as defined heredn.
(4) "Home (cottage) Industry" shall have the same meaning as defined in the Port
Orchard Zoning Ordinance 1748, Chapter B2 Section 57, now or as hereafter
amended.
(5) "Home Occupation" shall have the same meaning as defined in the Port Orchard
Zoning Ordinance 1748, Chapter B2 Section 58, now or as hereafter amended.
(6) "Home Profession" shall have the same meaning as defined in the Port Orchard
Zoning Ordinance 1748, Chapter B2 Section 59, now or as hereafter amended.
(7) "Resident" shall mean a person who occupies a residential dwelling within the City of
Port Orchard on an on -going and continual basis, and who actually lives within the
home, as distinguished from a visitor or transient.
5.99.030 Business License Required
No person shall operate or maintain a Home Business without having a license to do so
issued by the City Treasurer in accordance with the provisions of this chapter and with the
provisions of POMC Chapter 5.12. The specific provisions of this chapter shall control over
any conflicting provisions of POMC Chapter 5.12.
5.99.040
Home Businesses — Requirements
The following
standards shall apply to all Home Businesses. An applicant applying for a
business license for a Home Business must demonstrate compliance with all of the following
standards:
(1) Home
businesses are permitted in a residential dwelling unit subject to the
provisions
of the City's Zoning Ordinance and if all of the following criteria are met:
(a)
The home business shall clearly be subordinate to the use of the dwelling
unit for residential purposes. The burden of establishing that the home
business is subordinate to the primary residential use is upon the applicant
for a business license.
(b)
The home business shall be owned or conducted by a resident of the
dwelling unit. If the applicant for the business license is a resident but does
not own the dwelling unit, the applicant shall obtain written approval of the
proposed Home Business from the owner. The burden of establishing that
the home business is owned or conducted by a resident of the dwelling unit
is upon the applicant for a business license.
(c)
No more than 2 persons shall be employed in the home business without
obtaining a conditional use permit.
(d)
Each home business conducted within any single dwelling unit, including
accessory structures, shall obtain a separate conditional use permit when
otherwise required by the provisions of this chapter or the City's Zoning
Ordinance.
(e)
The residential character of the building shall be maintained and the business
Ordinance No-026-07
Page 5 of 7
shall be wholly situated indoors. There shall be no exterior display, alteration
of the property, expansion of parking, storage or other exterior indication of
the existence of the home business, except as may be allowed by the
underlying zone or under POMC 1.5.16.090.
(f) Home businesses shall not involve the use of more than 40 percent or 1,000
square feet, whichever is less, of the combined gross floor area of the
principal residential building, garage, and the living area of any accessory
structure.
(g) A home business shall not include the following uses: commercial instruction
with four or more students, commercial stable, kennel, restaurant, medical
clinic, vehicle detailing, and minor or major vehicle repair.
(h) The home business shall not infringe upon the right of neighboring residents
to enjoy the peaceful occupancy of their homes. No offensive noise,
vibration, smoke, dust, odor, heat, glare or unusual or excessive traffic to
and from the premises shall be produced or generated by the home
business.
(i) There is no use of electrical or mechanical equipment which would change
the fire rating of the structure or which would create visible or audible
interference in radio or television receivers or which would cause fluctuations
in line voltage outside the dwelling.
(2) Persons engaged in legal home businesses on the effective date of the ordinance
codified in this chapter shall be considered legal, provided the operation is consistent
with all of the above -listed standards. Any home business which was legally
established but does not currently conform to all those standards may not expand or
enlarge and shall be subject to revocation of their business license upon:
(a) Change of use, sale or transfer of the home business, or relocation of the
home business to a new location; or
(b) Written complaint of adjacent or nearby resident which clearly establishes
that the home business is interfering with the use and enjoyment of the
neighboring premises and is not compatible with the residential environment
in which it is located.
(c) Revocation of a home business license under the provisions of this section
shall conform to the processes and procedures of POMC 5.99.(E0.
(3) Home business licenses and conditional use permits are not transferable. Any
changes to the home business use, sale or transfer of the home business, or
relocation of the home business to a new location shall be deemed an abandonment
of the license and of any conditional use permit.
(4) The provisions of this chapter shall not apply to the following: Bed and Breakfast
establishments, as defined in defined in the Port Orchard Zoning Ordinance 1748,
Chapter B2 Section 14, now or as hereafter amended; Daycare facilities, as defined
in defined in the Port Orchard Zoning Ordinance 1748, Chapter B2 Section 25, now
or as hereafter amended.
(5) Any person violating or failing to comply with any of the provisions of this chapter
and/or with the provisions of POMC Chapter 5.12, as applicable, shall be subject to
Ordinance No.026-07
Page 6 of 7
the penalty provisions of POMC 5.12.160 and POMC 5.12.170 now or as hereafter
amended.
5.99.050 Revocation of Home Business License
(1) In addition to any other penalties provided in POMC Title 5, or as otherwise
permitted by law, a home business license may be revoked under any of the
following circumstance:
(a) The license or licensee qualifies for revocation or suspension as set forth in
POMC 5.12.120;
(b) The license or licensee fails to comply with any provisions of a conditional
use permit; or
(c) The licensee fails to comply with any provision of this chapter.
(2) If the City receives a complaint from an adjacent or nearby resident that alleges that
the licensee is failing to comply with the provisions of this chapter and/or the
provisions of any applicable conditional use permit, the City staff shall investigate the
complaint and shall give the licensee an opportunity to rebut any claims or
complaints.
(3) Upon determination that there is cause for revocation of a Home Business License by
the City license officer, notice shall be sent to the licensee as set forth in POW
5.12.120(2).
(4) A licensee is entitled to a hearing on revocation of their Home Business License. A
request for a hearing must be received by the City within 15 days of thelicensee's
receipt of the City's notice under paragraph (3). Failure to request a hearing within
15 days shall be deemed a waiver of the licensee's right to a hearing, and shall result
in the decision of the City license officer to revoke the Home Business License being
final.
(5) If a request for hearing is received in accordance with paragraph (4), a hearing on
revocation of a Home Business License shall be handled in the same manner as set
forth in POMC 5.12.120(3�(6).
SECTION 6. Severability. If any section, subsection, paragraph, sentence, clause, or phrase
of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect
the validity of the remaining parts of this ordinance.
SECTION 7. This ordinance shall be in full force and effect five (5) days 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
Ordinance No.026-07
Page 7 of 7
Clerk in authentication of such passage this �-Wday of O�2007.
ATTEST:
k'U
Michelle Merlino, City Clerk
F.11 a a NOW -9 RX.3.1 I 1 [011 ; [a] N a I
City AttorneKj
fin, • ..�'�
KIM E. ABEL, MAYOR
Sponsored by:
Z
)6hn Clauson, Councilman
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 October 8, 2007.
ORDINANCE NO. 026-07
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON AMENDING PORT ORCHARD ZONING
ORDINANCE NO. 1748 RELATING TO HOME (COTTAGE)
INDUSTRIES, HOME OCCUPATIONS, AND HOME
PROFESSIONS AND ADDING A NEW CHAPTER 5.99
ENTITLED "HOME BUSINESSES" TO THE PORT ORCHARD
MUNICIPAL CODE RELATING TO HOME BUSINESS
LICENSING REQUIREMENTS.
Copies of Ordinance No. 026-07 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. 026-07 will be
provided at a nominal charge.
Ci of Po Orchard
-71
Patti drkpa ick
Deputy City Clerk
Publish: Port Orchard Independent
October 13, 2007