032-07 - Ordinance - Moratorium on Home Occupations and Home Cottage IndustriesORDINANCE NO, 032-07
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON IMPOSING A MORATORIUM ON HOME
OCCUPATIONS AND HOME (COTTAGE) INDUSTRIES AS
ACCESSORY USES IN RESIDENTIAL ZONES AND SETTING 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 (cottage) industries; 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 (cottage) industries as accessory uses in
residential zones, and to develop sufficient development regulations to govern such uses; and
WHEREAS, for the above -reasons and as articulated in Ordinance No. 005-07, 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; on June 11,
2007, the City Council passed Ordinance 017-07 rescinding the moratorium on "home professions."
This revised moratorium will expire September 25, 2007; 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, 2007
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, 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
Ordinance No.032-07
Page 2 of 3
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;"
and
WHEREAS, City Council needs additional time to review the draft amendments to
the City's zoning code and the proposed new chapter 5.99 as detailed in proposed draft ordinance
026-07 as presented to Council for review on September 10, 2007, and therefore adopted a motion
to send the draft ordinance for consideration by the Council's Growth Management Committee on
September 26, 2007, and continued Council deliberations to October 8, 2007; 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 (cottage)
industries as accessory uses within all residential zones in the City. While this moratorium is in effect,
no home occupations or home (cottage) industries 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 (cottage) industries was an established legal use prior to the effective date of this
ordinance.
Section 2. As used in this ordinance, "home occupation" and "home (cottage) industry"
shall have the meanings as defined in Part B2 of Ordinance No. 1748.
Section 3. This moratorium shall remain in effect until December 31, 2007, unless earlier
terminated pursuant to the terms of Section 4 below.
Section 4. It is the intent of the Council to adopt new development regulations that will
permit home occupations and home (cottage) industries within certain residential zones within the City.
It is anticipated that the new regulations will be adopted prior to the expiration of this moratorium.
The moratorium detailed in section 1 shall automatically terminate upon the effective date of
Ordinance No. 026-07 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.
Section 5. Pursuant to RCW 35.63.200, a public hearing shall be held on the moratorium
at 7:00 P.M. on September 24, 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.
Ordinance No.032-07
Page 3 of 3
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 Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 24h day of September 2007.
ATTEST:
Michelle Merlino, City Clerk
APPROVED AS TO FORM:
>Jt City Attorne
KIM E. ABEL, MAYOR
Sponsored by:
Carolyn PiNers, Councilman
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of Ordinances approved by the Port Orchard City Council at their regular
Council meeting held September 24, 2007.
ORDINANCE NO. 032-07
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON IMPOSING A MORATORIUM ON HOME
OCCUPATIONS AND HOME (COTTAGE) INDUSTRIES AS
ACCESSORY USES IN RESIDENTIAL ZONES AND SETTING
A PUBLIC HEARING ON THE MORATORIUM
Copies of Ordinance No. 032-07 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. 032-07 will be
provided at a nominal charge.
C' of Port ?rchard
a`tti Ci% Ar'C_ y
Deputy City Clerk
Publish; Port Orchard Independent
September 29, 2007