Not an official copy.

Medical Lake, WA
Ordinance No. 783

An ordinance of the City of Medical Lake, Washington regulating Home Occupations, providing for permits therefore and providing for the effective date thereof.

THE CITY COUNCIL OF THE CITY OF MEDICAL LAKE DOES ORDAIN:

Section 1. There is hereby added to the Medical Lake Municipal Code Chapter 17.45 Home Occupation Permit.

Section 2. There is hereby added to the Medical Lake Municipal Code Section 17.45.010 Purpose and Intent to read as follows: Section 17.45.010 Purpose and Intent

A. This Chapter describes the criteria and conditions to be met in obtaining a home occupation permit. A home occupation permit may be approved by either the City Planning Director or the Hearing Examiner.

B. It is the intent of this Chapter to recognize the needs of people who are engaged in small-scale business ventures which could not be sustained if it were necessary to lease commercial quarters for them, or which, in the nature of the home occupation cannot be expanded to full-scale enterprises. (Example: supplemental retirement income, juvenile self-employment, single parents who must support and remain at home with preschool children, etc.) It is the intent of this Chapter that full-scale commercial or professional operations, which would ordinarily be conducted in a commercial or industrial district, continue to be conducted in such districts and not at home.

Section 3. There is hereby added to the Medical Lake Municipal Code Section 17.45.020 Permit Required to read as follows: Section 17.45.020 Permit Required. It is unlawful for a person or individual, company, corporation or association or any other entity to engage in a home occupation as defined in Section 17.08.126 within the City limits without first having obtained a permit in compliance with the provisions of this Chapter. The permit shall not be transferred, nor shall it be valid at any address other than the one appearing on the permit.

Section 4. There is hereby added to the Medical Lake Municipal Code Section 17.45.030 Home Occupation Minimum Standards to read as follows: Section 17.45.030 Home Occupation Minimum Standards.

A home occupation must meet the following minimum conditions:

A. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use as a residence. In the event that no more than twenty-five (25%) percent of the combined gross floor area of the primary residence and accessory buildings is used to conduct the home occupation , it shall be presumed that the use is incidental and subordinate to the residential use. If more than twenty-five (25%) percent, but less than forty-nine (49%) percent of the combined gross floor area of the primary residence and accessory buildings is used to conduct the home occupation, the applicant may show by a preponderance of evidence to the Hearing Examiner at a hearing pursuant to Section 17.45.070 of this Code that the use is incidental and subordinate to the use as a residence. In no event shall the use of a dwelling unit for a home occupation exceed fifty (50%) percent of the primary residence and accessory buildings.

B. No home occupation permit shall be granted by the City Planning Director or Hearing Examiner unless the applicant shall furnish proof of having registered with the Washington State Department of Revenue, or furnish proof that they are exempt from registering with said Department of Revenue.

C. No structure in which a home occupation is conducted or is proposed to be conducted will be altered or remodeled in any manner that would detract from the residential character of a home or accessory building.

D. No person, other than immediate residents of the structure plus a maximum of one outside employee working at the residence at any one time, may be employed in the home occupation;

E. There shall be no exterior or window displays, signs, storage of materials, or sample commodities displayed outside of the premises, with the exception of one non-illuminated business sign not to exceed one square foot in area;

F. No materials or equipment shall be permitted which would be detrimental to the residential use of nearby residences by causing vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factors.

G. Materials or commodities may be delivered to or from the home occupation between the hours of 7:00 a.m. and 6:00 p.m. Monday through Saturday.

H. No parking shall be allowed beyond that normal in a residential area and no excessive vehicular or pedestrian traffic shall be present as a result of the home occupation. Designated or additional off-street parking may be required depending on the business.

I. The hours of operation for a home occupation shall be limited to 7:00 a.m. to 10:00 p.m., Monday through Saturday, unless otherwise stipulated by the City Planning Director or the Hearing Examiner, as appropriate.

J. Buffers or screens will be provided when deemed necessary by the City Planning Director and/or the Hearing Examiner to reduce potential impacts to adjacent properties.

K. Such use shall conform to all other requirements specified in this Chapter, as well as any special conditions imposed on the home business by the City Planning Director or the Hearing Examiner, as appropriate.

L. Bed and Breakfast Facilities shall require a minimum of one additional off-street parking space per unit with adequate ingress and egress to every space. Each parking space shall be improved with an impervious surface subject to the approval of the City of Medical Lake Public Works Director and shall comply with minimum dimensional and square footage requirements as stipulated in Section 17.36 of the Medical Lake Municipal Code.

M. Bed and Breakfast Facility applicants shall furnish proof of compliance with all standards and specifications of the Spokane County Health District prior to operation, or furnish proof that they are exempt from any standards or specifications by the Spokane County Health District.

Section 5. There is hereby added to the Medical Lake Municipal Code Section 176.45.040 Permitted Uses to read as follows: Section 176.45.040 Permitted Uses.

A. Home occupation includes, but is not necessarily limited to, the followinq:
1. Dressmaking, seamstresses, tailors;
2. Artists and sculptors;
3. Authors and composers;
4. Resident owned and operated beauty and/or barbershops;
5. Home crafts, such as model-making, rug weaving; lapidary work and cabinet making;
6. Office facility of a minister, rabbi or priest;
7. Office facility of a salesman, sales representative or manufacturer's representative;
8. Office facility of a professional;
9. Repair shop for household items;
10. Telephone answering or soliciting;
11. Computer programming and small scale repair;
12. Home cooking and preserving;
13. Bed and Breakfast Facility; and
14. Arts instruction(not more than 8 students at one time).

B. Additional permitted uses may be allowed which meet the intent of this Chapter, if not specifically prohibited by Section 17.43.050 of this Chapter.

Section 6. There is hereby added to the Medical Lake Municipal Code Section 17.45.050 Prohibited Uses to read as follows: Section 17.45.050 Prohibited Uses. Those uses not identified or described in this Chapter are prohibited, including but not limited to:

A. Clinics or hospitals;
B. Mortuaries or funeral homes;
C. Commercial print shops;
D. Rental of Trailers;
E. Restaurants or cafes;
F. Stables or kennels;
G. Vehicle repair or auto detailing shops;
H. Outdoor storage of building or construction materials not intended for immediate use in or on the premises; and
I. Family child day care homes providing services for over 12 children.

Section 7. There is hereby added to the Medical Lake Municipal Code Section 17.45.060 Exemptions to read as follows: Section 17.45.060 Exemptions. Exemptions to this Chapter include, but are not necessarily limited to, the following:

A. Family child day care services for up to twelve children at any one time including those children living in the home provided:
1. Such homes shall comply with all building, fire, and health codes;

2. Obtain all required licenses including a business license from the City for such a business;

3. The lot size, building size, setback and lot coverage shall conform to the standard of the zoning district in which it is located unless such structure is a legal non-conforming structure;

4. Such use shall meet the parking requirements of Chapter 17.36 relating to off-street parking;

5. No structural or decorative alteration which will alter the single-family character of an existing or proposed residential structure or be incompatible with surrounding residences will be allowed. Each f~;ly day care home shall be limited to one flush-wall sign having a maximum area of one square foot.

B. Preschools, provided the operator complies with all of the criteria as stipulated in the above Section 17.43.060 A.

C. Newspaper delivery; and

D. Garage and yard sales as long as the sale involves only the sale of household goods, none of which were purchased for the purpose of resale; the sale does not continue for more than three consecutive days in any calendar month; and is not in violation of any other provisions of the Medical Lake Municipal Code.

Section 8. There is hereby added to the Medical Lake Municipal Code Section 17.45.070 Administration to read as follows: Section 17.45.070 Administration.

A. Any person or party wishing to establish a home occupation shall make application through the City of Medical Lake Planning Office. The City Planning Director may approve or deny home occupation permits which do not involve an outside employee (i.e. non-residents of the structure). All other applications for home occupation permits shall be made to and approved or denied by the Hearing Examiner in accordance with the Medical Lake Municipal Code 2.80.

B. Applications for all home occupation permits shall be subject to payment of a permit fee as established by the City of Medical Lake Ordinance 613.

C. Prior to making a decision with regard to an application, the City Planning Director shall mail by first class mail to the adjacent property owners (according to the records of the Spokane County Assessor) affording them an opportunity to voice their opinions regarding the advisability of authorizing the proposed Home Occupation.

D. The City Planning Director or Hearing Examiner may issue a permit for a home occupation provided that the conditions set forth in Section 17.43.030 are met. The City Planning Director or Hearing Examiner may impose such additional conditions deemed necessary to assure that the impact of such home business will be minimal upon the neighboring properties.

E. All permit applications subject to the City Planning Director's approval shall be approved or denied within thirty (30) days of the filing of the permit application and payment of the permit fee.

F. All permit applications subject to the Hearing Examiner's approval shall be approved or denied within forty-five (45) days of the filing of the permit application and payment of the permit fee.

G. Any individual affected by the decision of the City Planning Director shall have twenty-one (21) days to appeal the decision in writing to the Hearing Examiner. Only those individuals who participated either in writing or in person in the public hearing shall have standing to appeal. The written appeal shall be filed with the City Clerk, together with payment of the appeal fee established by resolution of the City Council. The appeal shall be processed pursuant to Chapter 17.48 of the Medical Lake Municipal Code, as presently enacted or hereafter amended.

H. Appeal of the decision of the Hearing Examiner shall be in accordance with Section 17.48.080 of the Medical Lake Municipal Code. If a decision is not appealed, it shall be final.

Section 9. There is hereby added to the Medical Lake Municipal Code Section 17.45.080 Revocation of Permit to read as follows: Section 17.45.080 Revocation of Permit. A permit issued under this Chapter to conduct a home occupation is revocable upon a determination by either the City Planning Director or the Hearing Examiner that there has been a violation of any condition imposed by this Chapter on home occupations.

A. In the event of an alleged violation, a written notice describing the violation and the corrective measures that must be taken shall be mailed by the City Planning Director to the permit holder. The permit holder shall, within twenty-one (21) days of the mailing of the notice of violation, comply with all of the conditions imposed by the notice or show cause why the permit should not be revoked.

B. Upon revocation of the permit, a written notice of the revocation shall be sent by certified mail by the City Planning Director to the permit holder together with a written statement of findings upon which the revocation is based and notice if the appeal procedures.

C. Appeal of the revocation of a permit shall follow, the same set forth in Section 17.45.070 regarding the City Planning Directors denial of a home occupation permit.

Section 10. There is hereby added to the Medical Lake Municipal Code Section 17.45.090 Violation--Penalty to read as follows: Section 17.45.090 Violation--Penalty

A. Any person who violates any of the provisions of this Chapter or any order or decisions of the City entered pursuant to this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as set forth in Medical Lake Municipal Code Section 1.10.110, as presently enacted or hereafter amended.

B. The instigation of misdemeanor proceedings in accordance with subsection A. of this Section shall not prevent the City from exercising all available civil remedies to force removal of prohibited conditions or compliance with this Chapter.

Section 11. There is hereby added to the Medical Lake Municipal Code Section 17.45.100 Public hearinq Notification to read as follows: Section 17.45.100 Public hearinq Notification. In the event that an application is to be reviewed before a public hearing, notice of the public hearing shall be given as follows:

A. The City Planning Director and/or his/her designee shall send copies of the notice by mail not less than seven calendar days (7) nor more than fourteen calendar (14) days prior to the date of the hearing to all property owners within three hundred feet (300') of the exterior boundaries of the property involved, and it shall be the responsibility of the applicant to provide mailing labels with the name and addresses of owners as shown on the records of the Spokane County Assessor.

B. At the discretion of the staff additional announcement of the public hearing may be given by posting copies of the notice in conspicuous place at or near the location of the proposal, or by such radio and/or press advertisement as deemed necessary.

Section 12. There is hereby added to the Medical Lake Municipal Code Section 17.45.110 Existing Home Occupations to read as follows: Section 17.45.110 Existinq Home Occupations. Any home occupation in the city in operation on the effective date of the ordinance codified in this chapter shall be granted a special property use permit for the operation of such existing home occupation upon application therefor. Such special property use permit shall be for the operation of the home business as it existed on the effective date of the ordinance codified in this chapter.

Section 13. There is hereby added to the Medical Lake Municipal Code the following definitions:

Section 17.08.027 Bed and Breakfast Facility. Bed and Breakfast Facility shall be any facility within a one-family dwelling unit offering a maximum of three (3) lodging units to travelers and transient guests for periods of less than one (1) month. Each "unit" shall accommodate no more than two (2) people at one time.

Section 17.08.126 Home Occupation. "Home Occupation" means a business, profession or craft which is clearly incidental to the residence as a dwelling; not one in which the use of a premises as a dwelling place is largely incidental to the business carried on. Said business shall be carried on by a member of the family residing within the dwelling place, with the addition of no more than one outside individual at any one time, and may include, but is not limited, to art studio, dress making, beauty salon, family child care in the home, professional office of a lawyer, physician, engineer, architect or accountant, or musical instruction or dance limited to no more than two pupils at any one time.

17.08.139 Kennel, Commercial. A lot or building in which four (4) or more dogs, cats, or animals, not less than four (4) months of age, are kept, whether by the owner or by another person, providing facilities for care, boarding, and/or training in exchange for compensation; but not including small animal hospitals, clinics, pet shops, or grooming shops.

17.08.101 Family Child Care Home. Family child care home means the providing of supplemental parental care and supervision for a child or children, eleven years in age or younger, who are not related to the provider, on a regular basis for less than 24 hours a day and under license by the Washington State Department of Social and Health Services. A family child care home does not include babysitting services of a casual, non-recurring nature or in the child's own home. A family child care home is further not intended to include cooperative, reciprocative childcare by a group of parents in their respective homes. No more than a total of twelve children (including those children living in the home) shall be present in the home at any one time during hours of operation of a family child care home.

Section 14. Medical lake Municipal Code Chapter 17.43 Home Business is hereby repealed.

Section 15. Effective Date. This sections shall be in full force and effect five days from and after passage, approval and publishing.

INTRODUCED this 5th day of July, 1994.

PASSED this 19th day of July, 1994.

_______________________
Mayor

Attest:

_______________________
City Clerk

APPROVED AS TO FORM:

_______________________
City Attorney