HomeMy WebLinkAboutOrdinance No. 0997Ordinance No. 997 Page 1 of 5
Ordinance No. 997
MEDINA CITY COUNCIL
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING THE
CITY OF MEDINA HOME BUSINESS REGULATIONS AT MMC 20.31.010 AND
MAKING RELATED ORGANIZATIONAL AND HOUSEKEEPING CHANGES
ALL IN THE CITY OF MEDINA UNIFIED DEVELOPMENT CODE, MMC TITLE
20; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, portions of the City of Medina Unified Development Code, Medina Municipal
Code (MMC) Title 20, concern the operation of, and the conditions and limitations on, home
businesses operated within Medina; and
WHEREAS, certain of the foregoing provisions contain ambiguities that negatively affect
the utility, intent and enforcement of the City’s home business regulations; and
WHEREAS, the Council desires to revise, amend, clarify and extend the foregoing
regulations to enhance their utility to the City and the Medina community, to insure that home
businesses are operated in a manner consistent with the City’s Comprehensive Plan and
Unified Development Code, and to minimize external impacts that can arise from operation of
home businesses;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON,
DOES ORDAIN AS FOLLOWS:
Section 1. Amendment to MMC 20.00.020. Subsection (B) of MMC Section 20.00.020,
entitled “Statement of Purpose”, is amended as set forth below:
20.00.020 Statement of purpose.
A. The UDC is a comprehensive set of regulations that governs the physical
development of all land and water within the city of Medina, except where state-owned
properties are exempt under state law, for the purpose of orderly development within the
community. The UDC consolidates the city’s zoning, platting, environmental,
construction and other development regulations into a one-book source with the goal of
providing consistency between different regulations, and making the ability to find
information related to development easier.
B. The primary purpose of the regulations under this title is to:
1. Encourage and guide development consistent with the goals, and policies and
intent of the Medina comprehensive plan;
2. Protect the community’s single-family residential nature and the natural
aesthetic quality of the community;
3. Address both natural and manmade environmental considerations as part of
the project permitting processes;
4. Protect the public’s health, safety and welfare as a whole and not create a duty
of protecting any person or class of persons; and
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5. Provide appropriate procedures for enforcement of the regulations of this title.
Section 2. Amendment to MMC 20.12.090. MMC Section 20.12.090, entitled “’H’
Definitions”, is amended to add a definition for Home Business as set forth below:
20.12.090 “H” Definitions.
“Habitat conservation areas” means areas designated as fish and wildlife habitat
conservation areas.
“Hardscape” means any inorganic decorative landscape materials, including but not
limited to stones, boulders, cobbles, pavers, decorative concrete incorporated into an
overall landscape design of the grounds. This definition includes, but is not limited to,
patios, walkways, steps, and other paved areas on the ground.
“Hazard areas” means areas designated as geologically hazardous areas due to
potential for erosion, landslide, seismic activity, or other geologic condition.
“Hazard tree” means a tree designated by the city arborist as having a high to extreme
risk using the International Society of Arborists Tree Risk Assessment Qualification
(TRAQ) system. A hazard tree must have a likely or very likely potential to fail and a
target that might sustain injury or damage. Hazard trees are created through a variety of
circumstances including human influences, disease, and weather.
“Hearing body” means the body designated by the city council to preside over an open-
record hearing or closed-record appeal.
“Hearing examiner” means the person appointed pursuant to MMC 2.78.020 with the
powers and duties prescribed in Chapter 2.78 MMC.
“Height” means a vertical distance measured between two points.
“Home Business” means an economic enterprise to make a product or perform a
service, or to undertake any activity that requires a business license from the State of
Washington, that is conducted or operated pursuant to MMC 20.31.010 within a single
family dwelling by the resident occupant or owner thereof, which use or activity shall be
clearly incidental and secondary to the residential use of the dwelling, including the use
of the dwelling as a business address in a directory or as a business mailing address.
“Horticulture” means the occupation of cultivating plants, especially flowers, fruit, and
vegetables.
“Hot tub” means a hydro-massage pool, or tub for recreational or therapeutic use
designed for immersion of users, and usually having a filter, heater, and motor-driven
blower.
“Household staff” means individuals who spend more than 50 percent of their working
time employed at the residence site and in no event work less than 20 hours per week,
including caregivers.
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“Housekeeping unit” means one or more persons living together sharing household
responsibilities and activities, which may include sharing expenses, chores, eating
evening meals together and participating in recreational activities and having close
social, economic and psychological commitments to each other. A housekeeping unit
does not include larger institutional group living situations such as dormitories,
fraternities, sororities, and similar groups where the common living arrangement or basis
for the establishment of the housekeeping unit is temporary.
“Hydraulic project approval (HPA)” means a permit issued by the State Department of
Fish and Wildlife for modifications to waters of the state in accordance with Chapter
75.20 RCW.
“Hydric soil” means a soil that is saturated, flooded or ponded long enough during the
growing season to develop anaerobic conditions in the upper part. The presence of
hydric soil shall be determined following the methods described in the approved federal
wetland delineation manual and applicable regional supplements.
“Hydrophytic vegetation” means macrophytic plant life growing in water or on a substrate
that is at least periodically deficient in oxygen as a result of excessive water content. The
presence of hydrophytic vegetation shall be determined following the methods described
in the approved federal wetland delineation manual and applicable regional
supplements.
Section 3. Amendment to MMC 20.31.010. MMC Section 20.31.010, entitled “Home
Businesses”, is amended in its entirety to read as follows:
20.31.010 Home business.
A. Permissive Use. A home business is permitted within a single-family dwelling
provided it meets all the standards and requirements of this section. Home business is
defined in MMC 20.12.090. Activities not able to meet all the standards and
requirements of this section may be performed in non-residential zone districts of the city
if otherwise allowed under the MMC.
B. Standards. Every home business shall meet the following standards:
1. The home business shall be clearly incidental and secondary to the use and
function of the single-family dwelling as a residence.
2. All external indications of or impacts from a home business shall be
compatible with the residential character and nature of the neighborhood.
3. The home business shall not cause or result in material changes in
neighborhood safety, traffic, number or frequency of vehicle trips, parking demand or
parking requirements.
4. The following are prohibited in connection with a home business: signs; noise;
smoke or odors detectible outside the dwelling; retail trade; pickup and delivery; external
structure modifications; and exterior lighting.
C. Requirements. Every home business shall meet the following requirements:
1. The home business shall be located and operated wholly within the single-
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family dwelling.
2. No more than one person may be employed who is not a family member
residing in the residence.
3. Any employee, client(s) and family members shall use off-street parking
exclusively.
4. Not more than two vehicles owned or operated by an employee and/or a client
shall be parked on the premises at any time.
5. All required local, regional, state, and federal permits and licenses shall have
been obtained and shall be current and valid.
6. All required permits and authorizations for the dwelling structure and other
attributes of the property and premises shall have been issued by the city and be in
current compliance with the Medina Municipal Code.
D. Exclusions. The following activities are not allowed as a home business:
1. Storage, receipt or transfer of equipment, materials, and commodities.
2. Stables, kennels, or husbandry of animals; any activities involving any exotic
animal or farm animal; activities that are not permitted by MMC chapter 6.04.
3. Agriculture farming and sales activities.
4. Vehicle repair, automobile detailing or automotive servicing activities.
5. Production or storage of any hazardous waste or substance.
6. Any nonconforming use, however or whenever established.
7. Any activity that is prohibited by the Medina Municipal Code.
E. Enforcement. Pursuant to MMC 20.10.040 and 20.10.050, the director shall apply the
provisions of this section to the activities of a home business whenever necessary or
appropriate to determine whether the home business meets the requirements and
standards of the Medina Municipal Code, and shall issue findings and a decision
thereon.
Section 4. Amendment to MMC 20.30.020. Subsection E(1) of MMC Section
20.30.020, entitled “Signs”, is amended as follows:
E. Residential Sign Standards. Signs associated with residential uses shall comply with
all of the standards set forth in this subsection (E).
1. Commercial Signs. Permanent and temporary commercial signs, including
home business signs, shall not be erected and/or displayed on properties, or in the
adjacent city right-of-way, having a principal use that is residential, except for real estate
and event signs complying with the requirements in subsection (F) of this section.
Section 5. Corrections. The City Clerk and codifiers of this Ordinance are authorized to
make necessary corrections to this Ordinance, including but not limited to the correction of
scrivener and clerical errors, references, ordinance numbering, section/subsection numbering
and any references thereto.
Section 6. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this Ordinance is declared unconstitutional or invalid for any reason, such invalidity
shall not affect the validity or effectiveness of the remaining portions of this Ordinance.
Section 7. Effective Date. This Ordinance or a summary thereof consisting of the title
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shall be published in the official newspaper of the City and shall take effect and be in full force
five (5) days after such publication.
APPROVED BY THE CITY COUNCIL OF THE CITY OF MEDINA ON THE 26th DAY OF
APRIL, 2021 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THE 26th DAY OF
APRIL, 2021.
PUBLISHED: 4/30/2021
EFFECTIVE DATE: 5/5/2021
ORDINANCE NO.: 997