Drafter
Clerk 12/09/2008
Title
AN ORDINANCE relating to home occupations; and amending Ordinance 15606, Section 20, and K.C.C. 21A.30.085.
Body
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Section 2 of this ordinance amends K.C.C. 21A.30.085. One of the changes being made is the deletion of K.C.C. 21A.30.085.E. The existing K.C.C. 21A.30.085.E. lists four specific activities that are allowed as home occupations on RA, A and F zoned properties. The King County council is concerned that by listing these specific activities, other legal activities that are not listed might not be allowed as home occupations, even though those activities would otherwise comply with the rest of K.C.C. 21A.30.085. Therefore, it is the intent of the King County council that the deletions of existing K.C.C. 21A.30.085.E. shall not be construed to mean that the specific activities listed in that subsection are no longer allowed as home occupations.
SECTION 2. Ordinance 15606, Section 20, and K.C.C. 21A.30.085 are each hereby amended to read as follows:
In the A, F and RA zones, residents of a dwelling unit may conduct one or more home occupations as accessory activities, under the following provisions:
A. The total floor area devoted to all home occupations shall not exceed twenty percent of the dwelling unit. Areas within garages and storage buildings shall not be considered part of the dwelling unit and may be used for activities associated with the home occupation;
B. Total outdoor area of all home occupations shall be permitted as follows:
1. For any lot less than one acre: Four hundred forty square feet; and
2. For lots one acre or greater: One percent of the area of the lot, up to a maximum of five thousand square feet.
C. Outdoor storage areas and parking areas related to home occupations shall be:
1. No less than twenty-five feet from any property line; and
2. Screened along the portions of such areas that can be seen from an adjacent parcel or roadway by the:
a. planting of Type II landscape buffering; or
b. use of existing vegetation which meets or can be augmented with additional plantings to meet the intent of Type II landscaping.
D. A home occupation or occupations is not limited in the number of employees that remain off-site. Regardless of the number of home occupations, the number of nonresident employees is limited to no more than three who work on-site and no more than three who report to the site but primarily provide services off-site.
E. ((In addition to activities allowed as home occupations by K.C.C. 21A.30.080, the following activities are permitted:
1. Automobile, truck and heavy equipment repair;
2. Autobody work or painting;
3. Parking and storage of heavy equipment; and
4. Storage of building materials for use on other properties;
F.)) In addition to required parking for the dwelling unit, on-site parking is provided as follows:
1. One stall for each nonresident employed on-site; and
2. One stall for patrons when services are rendered on-site;
((G.)) F. Sales are limited to:
1. Mail order sales;
2. Telephone, Internet or other electronic commerce sales with off-site delivery;
3. Items accessory to a service provided to patrons who receive services on the premises; ((and))
4. Items grown, produced or fabricated on-site; and
5. On sites five acres or larger, items that support agriculture, equestrian or forestry uses except for the following:
a. motor vehicles and parts (North American Industrial Classification System ("NAICS") Code 441);
b. electronics and appliances (NAICS Code 443); and
c. building material and garden equipments and supplies (NAICS Code 444);
((H.)) G. The home occupation or occupations do not use electrical or mechanical equipment that results in:
1. A change to the occupancy type of the structure or structures used for the home occupation or occupations;
2. Visual or audible interference in radio or television receivers, or electronic equipment located off-premises; or
3. Fluctuations in line voltage off-premises;
((I.)) H. Uses not allowed as home occupation may be allowed as a home industry under K.C.C. chapter 21A.30; and
((J.)) I. The home occupation or occupations may use or store vehicles, as follows:
1. The total number of vehicles for all home occupations shall be:
a. for any lot five acres or less: two;
b. for lots greater than five acres: three; and
c. for lots greater than ten acres: four;
2. The vehicles are not stored within any required setback areas of the lot or on adjacent streets; and
3. The parking area for the vehicles shall not be considered part of the outdoor storage area provided for in subsection C. of this section.
SECTION 3. Pursuant to K.C.C. 20.44.080, the metropolitan King County council finds that the requirements for environmental analysis, protections and mitigation measures in K.C.C. 21A.08.085 amended by this ordinance, provide adequate analysis of and mitigation for the specific adverse environmental impacts to which the requirements apply.
SECTION 4. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected.