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ORDINANCE NO. 02/0 3
AN ORDINANCE of the City of Port Angeles
amending Ordinance No. 1709 and the
Municipal Code by adoption of a new
chapter containing procedures and
standards for Home Occupations.
WHEREAS, the necessary public hearings have been held;
and
WHEREAS, the requirements of Chapter 35A.63 RCW and
Chapter 43.21C RCW have been met and a public hearing has been
held by the City Council following public notice; and
WHEREAS, the Planning Commission has recommended to the
City Council that the Zoning Ordinance (Ordinance No. 1709) and
the Municipal Code be amended by adopting a new chapter containing
procedures and standards for Home Occupations; and
WHEREAS, the City Council finds it to be in the best in-
terests of the City of Port Angeles; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
ANGELES as follows:
Section 1. There is hereby created a new chapter of the
Zoning Ordinance (Ordinance No. 1709) and a new chapter of the
Port Angeles Municipal Code, to be known as Chapter 17.86, Home
Occupation Conditional Use.
Section 2. Section 17.86.010 PURPOSE. The purpose of
the Home Occupation Conditional Use is to insure that an occupa-
tion or business undertaken within a dwelling unit located in a
residential use district is incidental to the primary use and is
compatible with the residential character of the neighborhood.
Section 3. Section 17.86.011 CONFLICT WITH OTHER OR-
DINANCES. Should any of the provisions or definitions of Ordin-
ance No. 1709, as amended, conflict with or over -lap any of the
provisions or definitions of this Ordinance, whichever imposes the
more stringent regulations shall prevail.
Section 4. Section 17.86.012 DEFINITIONS.
A. "Home Occupation" is an occupation or business activity which
results in a product or service and is conducted in whole or
in part in the dwelling unit and not in an accessory building
and is clearly subordinate to the residential use of the
dwelling unit.
B. "Commercial Vehicle" is a licensed (according to tonnage),
motorized vehicle designed for transportation of commodities,
merchandise, produce, freight, animals or passengers, and
operated in conjunction with a business, occupation or home
occupation. This term shall include, but is not limited to,
automobiles, trucks, tractor /trailers, and vans.
Section 5. Section 17.86.020 APPLICABILITY. A Condi-
tional Use Permit in accordance with the provisions of this Or-
dinance is required for all Home Occupations occurring in residen-
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tial use districts except those exempted pursuant to Section
17.86.030.
Section 6. Section 17.86.030 HOME OCCUPATIONS EX-
EMPTED. The following Home Occupations shall be exempted when
all the development standards in Section 17.86.040 and specific
conditions applicable to each use are met:
A. Authors, composers, writers.
B. Building contractors, home builders, building tradesmen, land
scaping services, janitorial services, commercial loggers,
divers, truck drivers, PROVIDED
1. No more than one commercial vehicle is parked on the
premises at one time;
2. No outside storage of materials or equipment, except
hand - carried tools, on the premises;
3. Only family members working in the residence may park
their vehicles on the property or the adjacent street as
part of the conducting of the business.
C. Retail and wholesale salespersons, business representatives,
PROVIDED
1. No customers visit the premises;
2. No products, except samples, are stored on the premises;
3. Only family members working in the residence may park
their vehicles on the property or the adjacent street
as part of the conducting of the business.
Section 7. Section 17.86.040 DEVELOPMENT STANDARDS.
All Home Occupations shall comply with the following development
standards:
A. There shall be no exterior display, no exterior sign, no ex-
terior storage of materials (not including commercial vehi-
cles), and no other indication or appearance of a business
that would detract from the residential character of the
area.
B. If the operation is the type where customers or clients come
to the home, the Planning Commission and City Council shall
determine the number of visitations per day that is compat-
ible with the area.
C. If customers or clients visit the home, the hours of opera-
tion shall be from 9:00 AM to 5:00 PM, unless otherwise speci
fied by the Planning Commission and City Council.
D. If the operation is the type in which classes are held or in-
struction given, the Planning Commission and City Council
shall determine the number of students per day that is com-
patible with the area.
E. Employees working on the premises shall be limited to members
of the family residing in the dwelling unit, unless otherwise
specified by the Planning Commission and City Council; PRO -
VIDED that the number of non - family employees shall not ex-
ceed one.
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F. On- premise retail sale of goods not produced, processed or
fabricated in the dwelling unit shall not be permitted.
Section 8. Section 17.86.050 APPLICATION PROCEDURE.
The application for a Conditional Use Permit for a Home Occupa-
tion shall be submitted on a form obtained from the Planning De-
partment and shall be acknowledged by the owner of the property,
if other than the applicant.
Section 9. Section 17.86.060 ROUTING AND STAFF RECOM-
MENDATIONS. Upon receipt of an application satisfying the re-
quirements of Section 17.86.050, the Planning Department shall
route the same to all appropriate departments. Each such depart-
ment shall submit to the Planning Department recommendations and
comments regarding the application. The Planning Department shall
prepare a report to the Planning Commission summarizing the fac-
tors involved, the recommendations of other departments, and the
Planning Department recommendation and findings. A copy of the
report shall be mailed to the applicant and copies shall be made
available, at cost, for use by any interested party.
Section 10. Section 17.86.070 PLANNING COMMISSION
PUBLIC HEARING - SCHEDULING AND NOTICE. Upon receipt of an appli-
cation satisfying the requirements of Section 17.86.050, the
Planning Department shall schedule a public hearing before the
Planning Commission. Notice of such public hearing shall be pub-
lished in a newspaper of general circulation and posted at the
site of the proposal by the Planning Department at least ten days
prior to the hearing.
Section 11. Section 17.86.080 PLANNING COMMISSION
RECOMMENDATION. Prior to making a recommendation on an applica-
tion for a Conditional Use Permit for a Home Occupation, the Plan-
ning Commission shall hold at least one public hearing. The Com-
mission's recommendation for approval, denial, or approval with
modifications or conditions shall be recorded in the Minutes in
written form with findings based upon compliance with Sections
17.86.010, 17.86.040, and the following criteria:
A. That the Home Occupation does not involve equipment or
processes which introduce noise, smoke, dust, fumes, vibra-
tions, odors and other hazards in excess of those normally
found in residential areas.
B. That the Home Occupation does not significantly increase local
vehicular or pedestrian traffic.
C. That the Home Occupation shall not be injurious or detrimental
to adjoining or abutting properties.
D. That the Home Occupation shall not endanger the public health,
morals, safety and welfare; and that it is in the public in-
terest.
E The Planning Commission recommendation shall include a condi-
tion that Home Occupations be forwarded to the Council for
the determination of utility charges.
Section 12. Section 17.86.090 SPECIAL REVIEW. Persons
with demonstrated physical handicaps may be permitted Special Re-
view by the Planning Commission. Such applicant may request
waiver of Development Standard E and /or F. No waiver of the
criteria of Section 17.86.080 will be considered.
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Section 13. Section 17.86.095 SPECIAL REVIEW CRITERIA.
In addition to the criteria of Section 17.86.080, the Commission
shall base its recommendation on a Special Review upon the follow-
ing criteria:
A. The waiver of any development standard shall not change the
basic residential character of the dwelling unit nor detract
in any way from the residential character of the neighborhood.
Section 14. Section 17.86.100 PLANNING COMMISSION
RECOMMENDATION - FINALITY. The Planning Commission recommendation
shall stand as the City's final decision, unless appealed by the
applicant, a citizen present at the hearing, the City Staff or the
City Council. Such appeal must_be- submitted in writing to the City
Clerk within ten days of the Planning Commission recommendation.
Section 15. Section 17.86.105 CITY COUNCIL ACTION.
The City Council shall, at a public meeting, consider an appeal
from the decision of the Planning Commission. The City Council
may approve, deny or approve with modifications or conditions the
appeal. Action shall be by motion and shall include findings based
upon Sections 17.86.010, 17.86.040, and 17.86.080.
Section 16. Section 17.86.110 PERMIT LIMITATIONS.
A. Once a Conditional Use Permit for a Home Occupation has been
issued, it shall not be transferred to another person or to a
location other than as stated on the permit.
B. The initial time limit on approved Conditional Use Permits for
Home Occupations shall not exceed one year, after which time
extensions for two years may be granted. Request for time
extensions shall follow procedures for Conditional Use Per-
mits in Section 17.86.050 through 17.86.100.
Section 17. Section 17.86.120 EXISTING HOME OCCUPATIONS
A. Home Occupations, other than those specifically exempted un-
der Section 17.86.030, established prior to the effective
date of this Ordinance and not having a Conditional Use Per-
mit in accordance with the provisions of Ordinance No. 1709,
shall, within ninety. (90) days after the effective date of
this Ordinance, initiate a Conditional Use Permit applica-
tion. After the ninety -day period, the penalties section of
this Ordinance shall be in full force.
B. Time extensions of Conditional Use Permits for Home Occupations
lawfully established prior to the effective date of this Or-
dinance shall not be approved unless the Home Occupation com-
plies fully with this Ordinance.
Section 18. Section 17.86.300 REVOCATION OF PERMIT.
Any permit issued pursuant to the terms of this Ordinance may be
revoked in accordance with the provisions of Chapter 1, Section
13, Ordinance No. 2050.
Section 19. Section 17.86.310 PENALTIES.
(a) Any person violating any provision of this Ordinance shall be
guilty of a misdemeanor, and shall be punished by a fine not
to exceed Five Hundred ($500) Dollars. Each day that a vio-
lation continues shall constitute a separate offense.
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(b) In addition to the criminal penalty of Subsection (a) hereof,
any person operating under an exemption authorized by any por-
tion of this Ordinance shall be deemed to have forfeited said
permit as a result of said violation. Said person shall be
required to apply for a Conditional Use Permit pursuant to
the provisions of Section 17.86.050. Failure to apply for
and obtain a Conditional Use Permit pursuant to Section
17.86.050 shall subject the person to the penalty specified
in Section 17.86.310(a).
Section 20. Section 17.86.320 SEVERABILITY. If any
provisions of this Ordinance, or its application to any person or
circumstance, is held invalid, the remainder of the Ordinance, or
application of the provisions of the Ordinance to other persons
or circumstances, is not affected.
Section 21. Section 17.86.330 EFFECTIVE DATE. This
Ordinance shall be effective five (5) days after publication.
PASSED by the City Council of the City of Port Angeles
at regular meeting of the Council held on the 7 day of
, 1980.
ATTEST:
Marian C.- Parrish, City Clerk
,r
APPROVED AS TO FORM:
xe,i/4
Craig L/ Miller, City Attorney
PUBLISHED: Cx46U /3, /,p
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