HomeMy WebLinkAbout3340Ordinance No. 3340
(Amending or Repealing Ordinances)
CFN=131 Zoning Codes
Passed — 4/1/1997
Home Occupation Permits (amends Sec. 15.08.040)
Amended by Ords. 3424;3575;3752;4003
ORDINANCE NO. _-?._8 qD
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending Chapter 15.08 of the Kent
Zoning Code relating to Home Occupation Permits by
providing for special Home Occupation Permits for in-home
music, dance schools and/or studios, art lessons, and
academic tutoring.
WHEREAS, on February 24, 1997, the Land Use and Planning Board held
a public hearing on a regulatory review request to expand the uses for which Home
Occupations would be permitted (No. ZCA-96-8); and
WHEREAS, following the public hearing, the Land Use and Planning Board
voted to recommend certain modifications to the City of Kent's Home Occupation
Regulations set forth in KCC 15.08.040; and
WHEREAS, on March 18, 1997, the Kent City Council considered the
recommendation of the Land Use and Planning Board and voted to approve the same;
WHEREAS; the City Council finds that allowing home occupation uses
I under certain conditions would benefit the citizens of Kent and further be consistent with
and enhance the City's commute trip reduction program; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION]. Section 15.08.040 of the Kent City Code is hereby amended
I to read as follows:
Section 15.08.040. Home occupations.
A. Purpose It is the purpose of this section to outline general conditions in
which home occupations may be permitted in all zoning districts. These conditions have
been designed to help preserve the residential character of the City's neighborhoods from
commercial encroachment while recognizing that certain selected business activities are
compatible with residential uses.
B. Home occupations permitted Home occupations which meet the
requirements of this section are permitted in every zone where a dwelling unit was lawfully
established. The requirements of this section shall not apply to the following home
occupations:
1. Home child care.
2. The sale of agricultural products produced on the premises.
C. Development standards. All dwelling units in which a home occupation is
located must meet the following minimum development standards:
1. The residential character of the exterior of the building shall be
maintained;
2. The outdoor storage or display of materials, goods, products or
equipment is prohibited;
3. A home occupation shall not occupy more than three hundred (300)
square feet; and
4. The sign regulation of Chapter 15.06 shall apply.
D. Performance standards All home occupations must meet the following
minimum performance standards:
1. Employees A home occupation may not employ on the premises
more than one (1) person who is not a resident of the dwelling unit.
2. Traffic The traffic generated by a home occupation shall be limited
to four (4) two-way, client -related trips per day and shall not create
a need for additional onsite or offsite parking spaces.
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3. Sale of goods and services. The sale of goods and services from a
home occupation shall be to one (1) customer at a time, by
appointment only, between the hours of 7:00 a.m. and 7:00 p.m.,
Monday through Saturday only.
4. Electrical or mechanical equipment usage. The use of electrical or
mechanical equipment that would change the fire rating of the
structure or create visual or audible interference in radio or
television receivers or electronic equipment or cause fluctuations in
the line voltage outside the dwelling unit is prohibited.
5. Utility demand. Utility demand for sewer, water, electricity,
garbage or natural gas shall not exceed normal residential levels.
6. Other criteria. There shall be no noise, vibration, smoke, dust,
odors, heat, glare, or other conditions produced as a result of the
home occupation which would exceed that normally produced by a
single residence, or which would create a disturbing or
objectionable condition in the neighborhood.
E. Permit required. A zoning permit is required as provided in Section
15.09.020.
F. 2ecial home occupation permits A special home occupation permit shall
be required for the following home occupations when conducted in sessions of more than
one individual:
1.
Music lessons.
2.
Dance lessons.
3.
Art lessons.
4.
Academic tutoring.
A special home occupation permit may only be issued as follows:
1. implication An applicant for a special home occupation permit
shall file an application with the City's planning department. Upon
receipt of a complete application, the Planning Department shall
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schedule a public hearing: on the application before the Hearing
Examiner pursuant to Chanter 2.32 of the Kent City Code. The
application fee for a special home occupation permit shall be the
same as for administrative variances unless otherwise established by
City Council resolution.
2. Criteria for avproval. In conducting a hearing on an application for
a special home occupation permit, the Hearing Examiner shall
consider the nature and conditions of all adjacent uses and
structures. A special home occupation permit may only be
approved by the Hearing_ Examiner if the Hearing Examiner finds
that such permit will not be materially detrimental to the public
welfare or injurious to the property in the zone or vicinity in which
the property is located, and that the issuance of such special home
occupation permit will be consistent with the spirit and purpose of
this Section.
3. Conditions of approval In approving a special home occupation
ermit, the Hearing Examiner may impose such reauirements and
conditions with respect to location, installation, construction,
maintenance and operation and extent of open spaces in addition to
those expressly set forth in this Section, as may be deemed
necessary for the protection of other properties in the zone or
vicinity and the public interest.
4. Issuance. Any special home occupation permit application
approved by the Hearing Examiner shall be forwarded to the
Planning Department for issuance.
5. Appeal of decision. The decision of the Hearing Examiner on a
special home occupation permit application maybe appealed to the
City Council pursuant to Chapter 2.32 of the Kent City Code.
SECTION 2. - Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall remain
in full force and effect.
SECTION 3. - Effective Date. This Ordinance shall take effect and be in
force thirty (30) days from the time of its final^pproval and paWge 4rcyvided by law.
ATTEST:
• ► � • • : ' ' •Ii111Z•111.1.�:�
APPROVED AS T)9,TORM:
ROGER A. LUBOVICH, CITY ATTORNEY
A�
PASSED: ` day of a , , 1997.
APPROVED: c;� day of , 1997.
PUBLISHED: _/-/ day of , 1997.
I hereby certify that this is a true copy of Ordinance No. 3350, passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
"52 (SEAL)
BRENDA JA OB R, CITY CLERK
P \L-AW\ORDINANC\EIOME ORD
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