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005-07 - Ordinance - Imposing Moratorium on Home Occupations and Professions as Accessory Uses in Residential ZonesAN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON IMPOSING A MORATORIUM ON HOME OCCUPATIONS AND HOME PROFESSIONS AS ACCESSORY USES IN RESIDENTIAL ZONES AND SE7ING A PUBLIC HEARING ON THE MORATORIUM 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 and home professions; and WHEREAS, a moratorium enacted pursuant to RCW 35.63.200 is one method by which a city may preserve the status quo so that new regulations will not be rendered moot by intervening uses; and WHEREAS, a moratorium is necessary to provide the City with sufficient time to study the issues inherent in home occupations and home professions as accessory uses in residential zones, and to develop sufficient development regulations to govern such uses; and WHEREAS, the immediate enactment of a moratorium on home occupations and home professions as accessory uses within all residential zones is necessary to protect the public health, safety or welfare and is a legitimate exercise of the City's police power, and WHEREAS, RCW 35.63.200 requires that a public hearing be set within 60 days of the adoption of a moratorium; 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. A moratorium is hereby imposed upon home occupations and home professions as accessory uses within all residential zones in the City. While this moratorium is in effect, no home occupations or home professions shall be allowed as accessory uses within any residential zone in the City and no business license shall be issued for such use, unless the home occupation or home profession was an established legal use prior to the effective date of this ordinance. Section 2. As used in this ordinance, "home occupation" and "home profession" shall have the meanings as defined in Part B2 of Ordinance No. 1748. Section 3. This moratorium shall remain in effect until September 25, 2007, unless earlier terminated pursuant to the terms of Section 4 below. • i • 01 _ A Page of Section 4. It is the intent of the Council to adopt new development regulations that will permit home occupations and home professions within certain residential zones within the City. It is anticipated that the new regulations will be adopted prior to the expiration of this moratorium. It is the intent of the Council to repeal the moratorium as soon as the new development regulations are adopted. However, if the City Council deems it necessary, the moratorium may renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal. Section 5. Pursuant to RCW 35.63.200, a public hearing shall be held on the moratorium at 7:00 P.M. on May 14, 2007 at the Port Orchard City Hall, 216 Prospect, Port Orchard, Washington. Section 6. 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. Section 7. Each and every provision of this Ordinance shall be deemed severable. If any provision of this Ordinance should be deemed to be unconstitutional or otherwise contrary to law by a court of competent jurisdiction, then it shall not affect the validity of the remaining sections so long as the intent of the Ordinance can be fulfilled without the illegal section. PASSED by the City Council of the City of Port Orchar.APPROVED by the Mayor and attested by the Clerk in authentication of such passage this ;26, day of aA -A- 2007. Michelle Merlino, City Clerk L_CC Xey-m I:\DOCS\P\20766\ORDIN\homeoccupationsV3.doc KIM E. AEEL, MAYOR Sponsored by: ohn Clauson , Councilman �� �, �;• . ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held March 26, 2007. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, IMPOSING A MORATORIUM ON HOME OCCUPATIONS AND HOME PROFESSIONS AS ACCESSORY USES IN RESIDENIAL ZONES AND SETTING A PUBLIC HEARING ON A MORATORIUM Copies of Ordinance No. 005-07 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. 005-07 will be provided at a nominal charge. City of Port Orchard Michelle Merlino City Clerk Publish: Port Orchard Independent March 31, 2007