HomeMy WebLinkAbout2490 Ordinance2490 ORDINANCE NO
AN ORDINANCE amending Title 22, ZONING, by enacting a new
Chapter 22 35 entitled "Home Occupations"
and repealing PMC Section 22 12 390
WHEREAS, the Pasco City Council, in eaily 1983, directed
the Planning Commission to investigate the current zoning regulations
pertaining to home occupations and recommend appropriate changes,
if any, and
WHEREAS, the Planning Commission, over the period of several
months, researched the type and degree of home occupation regulations
used by various municipalities throughout the State of Washington
and found them to present a variety of means and degrees of
regulation, and
WHEREAS, the Planning Commission found Pasco's current
home occupation regulations to be void of measurable standards
and unnecessarily ambiguous, and
WHEREAS, the Planning Commission conducted a public hearing
on October 20, 1983 and concluded the measurable standards and
administrative procedures proposed by the Community Development
Department to be appropriate for the regulation of home occupations
and recommended the City Council enact same, and
WHEREAS, the Pasco City Council reviewed the Commission's
recommendation and directed certain modifications be made to
the recommended administrative procedures, and
WHEREAS, the City Council finds the revised recommendation
of the Planning Commission to be necessary and appropriate for
the regulation of home occupations, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS
Section 1 That a new Chapter 22 35, Home Occupations,
of the Pasco Municipal
as follows
Code be and hereby is adopted to read
Chapter 22 35
HOME OCCUPATIONS
Section 22 35 010 Purpose
Section 22 35 020 Definition
Section 22 35 030 Limitation
Section 22 35 040 Application requirements
Section 22 35 050 Environmental standards
Section 22 35 060 Administrative decision
Section 22 35 070 Appeal
Section 22 35 080 Revocation of license -- Appeal
Section 22 35 090 Complaints
Section 22 35 100 Transfer of location
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110
Section 22 35 010 PURPOSE A home occupation chapter
is hereby established to provide a means whereby the conduct
of business may be permitted as a use accessory to an established
residence within a residential district The purpose is to
create an administrative framework to authorize such uses which
do not pose a disruption to or conflict with the existing and
planned residential environment
Section 22 35 020 DEFINITION "Home Occupation" shall
mean a profession, trade, skill or service possessed and utilized,/
in whole or in part, by a family member(s) for monetary gain
within or upon the premises of a permanent dwelling unit in
a residential district A home occupation shall not involve
wholesale or retail sales of any general or specific line of
merchandise, products, goods or wares upon said premises, unless
such articles are produced thereon in the conduct of the profession,
trade, skill or service This definition shall not apply to
conditional or unclassified uses which require a special permit
in accordance with Chapter 22 80 of this code
Section 22 35 030 LIMITATION No more than one home
occupation may be permitted for any dwelling unit
Section 22 35 040 APPLICATION REQUIREMENTS - FEE
(A) Applications for home occupation shall be made in
accordance with all provisions of P M C Title 5, upon forms
provided by the City Clerk The form shall include, but not
be limited to, the following information
(1) Name, mailing address and phone number of applicant,
(2) Legal description and street address of the property,
(3) Kinds and amounts of supplies, materials and equipment
to be used and the locations where they will be stored
or used upon the premises,
(4) Description of all activities involved in the business
and how the business will operate
(B) Business license fees for home occupations shall be
in accordance with P M C Title 5 An additional Twenty Dollar
($20 00) fee shall be required for any business license which
requires an on-site inspection to determine compliance with
Section 22 35 050
Section 22 35 050 ENVIRONMENTAL STANDARDS All home
occupations shall conform to the following standards
(A) Be clearly subordinate to the principal use of the
property for residential purposes
(B) Not involve modification of the property or exterior
of its structures that indicates other than residential
use of the premises
(C) Is performed entirely within a permanent structure
upon the premises
(D) No signs, display or other advertisement upon the
property
(E) No media or other off-premise advertising shall give
the address or location of the home occupation
(F) No outside storage of materials,, supplies, products
or by-products, or equipment, except a single occupational
vehicle not exceeding 10,000 pounds Gross Vehicle
Weight (GVW)
(G) Be conducted solely by persons residing within the
dwelling unit upon the premises, subject to the definition
of family
(HI Except for articles produced thereon, no merchandise,
products, goods or wares may be displayed or offered
for sale upon the premises
(I) No occupation requiring the customer or client to
be present upon the premises while the profession,
trade, skill or service is performed shall be allowed
(J) Noise generated by the home occupation, detectable
at any property line, shall not be in excess of the
following standards
(1) 8 00 A M to 8 00 P M 55 dba
(2) 8 00 P M to 8 00 A.M 45 dba, ,
(K) No material or substance which is explosive, highly
flammable, corrosive, radioactive or toxic shall be
stored, created, utilized or discarded in any way
without prior knowledge of and written approval by
the City of Pasco, provided the means or methods
necessary for safety purposes do not conflict with
other standards established herein
(L) The home occupation shall not generate light or glare,
vibration, fumes or odors, or permit other conditions
to occur or be present which annoys, injures, or endangers
the comfort, health, repose, decency or otherwise
comfortable enjoyment of life and property of neighboring
or surrounding residents, in accordance with the intent
of this chapter and nuisances defined in P M C
Chapter 9 60
Section 22 35 060 ADMINISTRATIVE DECISION
(A) Within ten (10) working days of the date an application
is received, the Community Development Director or his designee
shall render a decision to approve or deny the application for
home occupation license, unless the applicant agrees to an extension
In no case shall the date of decision exceed thirty (30) calendar
days from the date the application is received
(B) If the decision of the Director is to deny the application,
notification to the applicant shall include findings in support
of the Director's decision and the applicant's rights of administra-
rive appeal The written decision shall be mailed promptly
to the applicant by certified mail The date of receipt by
the applicant shall be the date the applicant is notified of
the Director's decision If no appeal is received, in accordance
with Section 22 35 070, the decision of the-Director is final
Section 22 35 070 APPEAL Any appeal of the Director's
decision to deny a home occupation shall be filed in accordance
with P M C 22 16 120 and shall be reviewed by the Board of
Adjustment in accordance with P M C 22 16 130 through 22 16 160
Appeals may only be filed by the applicant
Section 22 35 080 REVOCATION OF LICENSE -- APPEAL
A home occupation may be revoked by the Director if the Director
finds the home occupation no longer conforms to the environmental
standards set forth under Section 22 35 050 or is a public nuisance
as defined in P M C Chapter 9 60 The license holder may
file written appeal of the Director's decision in accordance
with Section 22 35 070
Section 22 35 090 COMPLAINTS Any person may file a
written complaint regarding a home occupation Any written
complaint received shall cause the Director to investigate the
conditions upon which the complaint is based to determine if
the home occupation is in compliance with the provisions of
this chapter If the investigation results in a decision to
revoke a home occupation license, the revocation shall occur
in accordance with Section 22 35 080
Section 22 35 100 TRANSFER OF LOCATION No home occupation
may be transferred to a different location without first obtaining
a new home occupation license authorizing its conduct at the
proposed location
Section 2 That PMC Section 22 12 390 be and the same
hereby is repealed
Section 3 This ordinance shall be in full force and
effect after its passage and publication as required by law
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E37n ells, City Cler
APPROVED AS TO FORM
Greg A stello, City Attorney
pApsg by the City Council of the City of Pasco this
day of ';41 .4,44.....4(/ , 1984
ATTEST
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CITY OF PASCO
SUMMARY OF ORDINANCE NO 2490
I. ORDINANCE NO. 2490 is an ordinance relating to zoning, enacting
a new Chapter 22.35 of the Pasco Municipal Code to establish
standards and administration procedures for licensing of
home occupations in residential districts, and repealing con-
flicting zoning provisions.
II The new Chapter 22.35 (PMC), relating to home occupations,
provides for the following:
A) A new definition of "home occupation;
B) Limits "home occupations" to one per dwelling unit;
C) Application and fee requirements;
D) Environmental standards to which any "home occupation
must conform;
E) An administrative decision process and authority;
F) An appeal process;
G) A revocation authority and process for appeal of any
revocation,
H) A requirement to investigate written complaints about
"home occupations";
I) Requires a new application and license for moving a
"home occupation" to a new location;
J) Repeals the former definition of "home occupation".
III The effective date of Ordinance No. 2490 will be five
(5) days after publication of the summary contained hereinabove.
IV. A copy of the full text of Ordinance No. 2490 will be furnished
by the city at no cost to any person who requests, in writing,
a copy of the Ordinance. Written request must be filed with
the City Clerk of the City of Pasco, 412 West Clark Street
(P. 0. Box 293), Pasco, Washington 99301 (telephone 545-3402).
Publish: March 8, 1984
Please return two (2) Affidavits
of Publication to City of Pasco
INANC E DEPAixI NIEN 1
(509)545-3401
Sean 726-3401
P. O. BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301
March 6, 1984
Tri -City Heald
P.O. Box 2608
Pasco, Washington 99302
Attn: Sue Bateman
-Dear Sue--
Please-publish the attached Ordinance No. 2490 (Summary)
on the following date:
March 8, 1984
Please send two (2) Affidavits of Publication.
Sincerely yours,
Evelyn Wells
City Clerk _
ew
Subscribed and sworn to before me this day of March , 19 84 12th
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AFFIDAVIT OF PUBLICATION
COUNTY OF
)s s
STATE OF WASHINGTON
Eileen Scott , being first duly sworn on oath deposes
and says she is the principal olerk of the Tn City Herald,
a daily newspaper That said newspaper is a legal newspaper and has been approved as a
legal newspaper by order of the superior court in the county in which it is published and it
is now and has been for more than six months prior to the date of the publication here
inafter referred to, published in the English language continually as a daily newspaper in
Franklin County,
Washington, and is now and during all of said time was printed in an office maintained at
the aforesaid place of publication of said newspaper That the annexed is a true copy of a
,egal ad "Summary of Ordinance No. 2490...."
as it was printed in the regular and enty issue of the Tr-City Herald itself and not in a
supplement thereof, for a period of consecutive weeks, commencing
on the 8th day of March , 19 84 , and
ending on the 8th day of Msrch , 1984 and that said
newspaper was regularly distributed to its subscribers during all of this period
That the full amount of $ kie 40 has been paid in full, also at the rate of
6 inches @ $6.90 = $41.40.
Notary Public in and for the State of Washington, residing at Pasco