1568_00001ORDINANCENO.1568
ANORDINANCE CREATINGCHAPTER 18.55 OF THE MOSESLAKEMUNICIPALCODEENTITLED"HOMEOCCUPATIONS"
THECITYCOUNCILOF THE CITYOF MOSESLAKE,WASHINGTONDO ORDAINASFOLLOWS:
Section 1.Chapter 18.55 of the Moses Lake MunicipalCode entitled "Home Occupations"is created asfollows:
O 18.55.010 Intep]t:It is the purpose of this ordinanceto protect residential areas from potential adverseimpactsasaresultofactivitieswhichmaybedeemedcommercialinnature.It is also thepurposeofthisordinancetopermitresidentsofthecommunityareasonableuseoftheirresidenceasaplaceoflivelihoodand/or for the supplementing ofpersonal/family income.
18.55.020 Definition:Ahome occupation means any endeavor conducted for financialgain or profit in adwellingunitwheretheendeavorisnotgenerallycharacteristicofactivitiesforwhichdwellingunitsareintendedordesigned,provided,that endeavorswhere the onlyactivitiesinclude thereceiptofmail,the use of a telephone,the occasionalcommercial delivery of goods andmaterialsnotinconsistentwithsuchdeliveriesinresidentialneighborhoods,and occasionalvehiculartrafficnotinconsistentwithsuchvehiculartrafficinresidentialneighborhoods,are notconsideredhomeoccupationssubjecttopermittingrequirementsunderthistitle.Tobe definedasahomeoccupation,the occupation or activity:
A.Mustbe carried on entirely within a residence by the occupants.
B.Must be clearly incidental to the use of the residence as a dwelling.
C.Must not change the residential character ofthe dwelling.
D.Mustbe conducted insuch a manneras to not giveany outward appearance nor manifestanycharacteristicofabusinessintheordinarymeaningoftheterm.
E.Must not infringe upon the right ofthe neighboringresidents to enjoya peaceful occupancyoftheirhomesforwhichpurposetheresidentialzonewascreatedandprimarilyintended.
An occupationwhich does not meet thisdefinitionor whichis incapable of or does not complywiththegeneralrequirementsofthisordinanceshallnotbedeemedahomeoccupation.
18.55.030 Application for HomeOccupationUsesand Appeals:An application for a home occupation useshallbesubmittedtotheCommunityDevelopmentDivisionoftheMunicipalServicesDepartmentforconsideration.The application shall be reviewedby the Senior Planner or other similarpositionoradesignee.Such uses may be permittedby the Senior Planner or the individualdesignatedtoreviewtheapplicationssubjecttotheprovisionsofthischapter.Any partyaggrievedbyadecisionrenderedbytheSeniorPlannerorotherIndividualreviewingtheapplicationmayappealthedecisiontothePlanningCommlssion,subject to the provisionsofMLMCChapter18.75 of this title.
18.55.040 General Requirements:The general requirements for a home occupation are as follows:
A.There shall be no structuralalterationto accommodate the occupation.Entrance to thespacedevotedtotheoccupationshallbefromwithintheresidence,except when otherwiserequiredbylaw.
B.The use,including all storage space,shall not occupy morethan twenty-five percent (25%)of the residence's floor area which is finished for living purposes and in no case more thantwohundredsquarefeet(200').No home occupationshalloccupy an accessory building.
C.No home occupationshallhave any outside storage of goods and materialsassociated withthehomeoccupation.
D.Onlymembers of the familywhoresideon the premises and in any case nomorethan three(3)persons Inany dwellingunitshall be engaged in the occupation(s).
E.There shall be no windowdisplay nor shall sample commoditiesbe displayed outside thebuilding.
F.Home OccupationSlgns:
1.Signs identifying home occupations which are unlighted,placed flat against thestructure,and which do not exceedtwo (2)square feet in size are permittedin the R-2Zone,Single Family and Two Family Residential,and the R-3 Zone,Multi-family
Residential.
2.Signs identifying home occupations located inthe R-1Zone,SingleFamilyResidential,
are prohibited exceptas required by law.Such signs,ifallowed,shall not exceed two
(2)square feet in size except as may be allowedby this chapter.
3.Signs identifying home occupations may be permittedto e×ceed two (2)square feet in
size subject to the review and approvalof the Planning Commissionand after it has
been shown that the signwillnot adverselyaffect adjacent residentialuses and that the
extra size Is essentialto the sign being seen.
G.No material or mechanical equipment shall be used which will be detrimental to the
residentialuse of the residence or adjoining residences because of vibration,noise,dust,
smoke,odor,interference withradio or televisionreception,or other factor.
H.Materialsor commodities deliveredto or from the residence which are of such bulk or
quantity as to require deliven;by a commercialvehicle or a trailer,or the parking of
customer's automobiles in a manneror frequency causing disturbance or inconvenience to
nearby residences or so as to necessitate a publicparkinglot shall be prima-facleevidence
that the occupation is a primarybusiness,and not a home occupation.
I.Examples of uses or occupations which might normally satisfythe criteria ofthissectionare:
barbers,"bedand breakfast"faellities,custom florists,beauticians,professional service
providers,dressmakers,photographers,home canners,watch repairers,and other similar
uses.
J.The following shall not be deemed permissibleuses or home occupations:nursing homes,
massage parlors,woodworkingand cabinet shops,household appliance,fumiture and
electronicequipmentrepair shops,fumigation services shops,upholsteringshops,carrepair
shops,smallengine repair shops,and other uses deemed as "similar"bythe SeniorPlanner
or other similarpositionor a designee.
K.A home occupation issued to one person shall not be transferableto any other person nor
shalla home occupation permit be valid at any address other than the one appearingon
the permit.
L.Any person engaging in a home occupation shall registeras a business underChapter3.16
of this code.
18.55.050 Notification:Application for a home occupation use shati require notificationto adjacent
property owners of the proposed use.Notificationshall be provided at least ten (10)days
before a decision is to be made on the application.Writtenor oral comments should be
providedto the SeniorPlanner or other Individual reviewing an applicationbefore the decision
is to be made on the application.Adjacent property owners shall also be notifled of any appeal
scheduled before the Planning Commission.A notice of the action before the Planning
Commissionshall be mailedto adjacent property owners at least ten (10)days priorto the
scheduled appeal.
Section 2.This ordinance shall take effect and be in force five(5)days after its passage and publication
as provided by law.
Adopted by the CityCounciland signed by íts Mayor on March 9,1993.
PUBLISH:3/12/93