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Home My WebLink AboutO-2643 - Amends Sec. 19.32.020 and 19.32.030, home occupations (Repealed by 2852)•~,~':f', CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.Lb <..f3 ~" , AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON, AMENDING THE ZONING CODE BY AMENDING MMC 19.32.020 AND MMC 19.32.030 TO REVISE STANDARDS FOR HOME OCCUPATIONS AND FAMILY DAYCARE SERVICES OPERATING AS A HOME OCCUPATION. WHEREAS,the City Council of the City of Marysville finds that from time to time it is necessary and appropriate to review and revise provisions of the City'S Zoning Code (Title 19 MMC);and WHEREAS,this Zoning Code amendment is consistent with the following required findings ofMMC 19.56.030: (1)The amendment is consistent with the purposes of the comprehensive plan; (2)The amendment is consistent with the purpose of Title 19 MMC; (3)There have been significant changes in the circumstances to warrant a change; (4)The benefit or cost to the public health, safety and welfare is sufficient to warrant the action; and WHEREAS,the Planning Commission discussed the above-referenced amendment during public meetings March 14 and March 28, 2006; and \,\IHEREAS,after providing notice to the public as required by law, on May 9, 2006, the Marysville Planning Commission held a Public Hearing on proposed changes to the City's Zoning Code;and WHEREAS,at a public meeting on June 12,2006,the Marysville City Council reviewed and considered the amendment to the Zoning Code proposed by the Maryville Planning Commission and recommended additional revisions;and NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1: IvlMC Section 19.32.020 and MMC Section 19.32.030 are hereby amended to read as follows: 19.32.020 Home occupation standards. (1)Home occupations are permitted as an accessory use to the residential use of a property only when all of the following conditions are met: (a)The total area devoted to all home occupation(s)shall not exceed 25 percent of the floor area of the dwelling unit or 600 square feet,whichever is less; (b)The home occupation may be located in the principal dwelling or in an accessory structure. If located in an accessory structure,the area devoted to the occupation,as described in subsection (1)(a)of this section,shall be based upon the floor area of the dwelling only; 101'3 ORDINANCE-DAYC,\RE ORD NO t novaocc 060706_4 (c)Not more than one person outside of the family shall be employed on the premises; (d)The home occupation shall in no way alter the normal residential character of the premises; (e)11,e home occupation(s)shall not use electrical or mechanical equipment that results in: Q)A change to the fire rating of the structure(s)used for the home occupation(s), (ii)Visual or audible interference in radio or television receivers, or electronic equipment located off-premises,or QiD Fluctuations in line voltage off-premises; (f)No equipment or material may be stored,altered or repaired on any exterior portion of the prctnlses; (g)Sales shall be limited to merchandise which is produced on the premises,and/or mail order,internet and telephone sales with off-site delivery; (h) Services to patrons shall be arranged by appointment or provided off-site; (i)The home occupation(s)may use or store a vehicle for pickup of materials used by the home occupation(s)or the distribution of products from the site,provided: (i)No more than one such vehicle shall be allowed, (ii)Such vehicle shall not park within any required setback areas of the lot or on adjacent streets, and (iii)Such vehicle shall not exceed a weight capacity of one ton; 0)Signs in connection with the home occupation shall comply with the restrictions of MMC 19.20.200(1)(h); (k)No sales or services "ill be conducted on the premises which will generate more than 10 average daily round trips per day by customers. (2)A home occupation permit issued to one person shall not be transferable to any other person; nor shall a home occupation permit be valid at any other address than the one listed on the permit. (3) In granting approval for a home occupation,the reviewing official may attach additional conditions to ensure the home occupation will be in harmony with, and not detrimental to, the character of the residential neighborhood. (4)Any home occupation authorized under the provisions of this chapter shall be open to inspection and review at all reasonable times by enforcement officials for purposes of verifying compliance with the conditions of approval and other provisions of this title. (Ord. 2131, 1997). (5)The planning director shall have authority to administratively grant a minor modification to the standards listed in MMC 19.32.020(1)(a) and and/or (c)provided the use is consistent with the purposes of this chapter and will be operated in harmony with the character of a residential neighborhood.Minor modiftcations shall be limited to (a) and (c)of the home occupations standards provided they create no significant impacts to the residential neighborhood.11,e planning director is authorized to approve minor modifications only in cases of unique circumstances such as large property acreage,remote site access or site location,or small scale of use, when these circumstances ensure the commercial operation remains incidental to the dwelling and in no way alters the normal residential character of the premises.No variance shall be granted which would be detrimental to public health,welfare or environment. 19.32.030 Day care standards. Applications for business licenses for day care 1 facilities,which include family day care homes,adult day cares, and adult family care facilities shall be processed through the procedures for home occupation.However,standards for these uses are those listed herein: 2 OF 3 ORDINANCE·DAYCARE ORn NO 1 I-:lO:o.fEOCC 060706_4 -------------------- (1)Home day care and adult family care facilities shall meet the state licensing requirements, including those pertaining to building,fire safety and health codes.A copy of the required state license,if applicable, shall be furnished by the applicant with the business license application. (2)There shall be no change in the outside appearance of the residence,other than one flat, unlightcd sign,not exceeding six square feet,mounted flush against the building. (3)Where outdoor recreation facilities are provided for children in day care facilities, they shall be screened by fence at least four feet high where abutting residentially zoned property. (4)The facility provides a safe passenger loading area. (5)The day care provider has provided written notification to immediately adjoining property owners of the intent to locate and maintain a facility. Section 2. Severability.If any section,subsection,sentence,clause,phrase or work of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section,subsection,sentence,clause, phrase or word of this orclinance. PASSED by the City Council and APPROVED by the Mayor this I L.. -r~,2006 day of Effective Date: Date of Publication: :]LS2~ DENNIS L KENDALL,MAYOR Atte~t: By:'--_ GERRY BE R,CITY CLERK Approved as to form: By:~W~ GRANT K WEED,CI1Y A1TORNEY 0&/2-1/0& (5 days after publication) 301'3 ORDlN1\NCE-D1\YCARE onu NO 1 ,11000m()cc O(i()706_4