Record No: CB 120265    Version: 1 Council Bill No: CB 120265
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 3/29/2022
Ordinance No: Ord 126555
Title: AN ORDINANCE relating to land use regulation of home occupations; extending for six months interim development controls established by Ordinance 126293 to allow home-based businesses to operate with fewer limitations during the COVID-19 civil emergency; and ratifying and confirming certain prior acts.
Sponsors: Dan Strauss
Supporting documents: 1. Summary and Fiscal Note, 2. Presentation on C.B. 120001 (2/24/21), 3. Central Staff Memo on C.B. 120001 (3/10/21), 4. Central Staff Memo (3/23/22), 5. Signed Ordinance 126555, 6. Affidavit of Publication

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

title

AN ORDINANCE relating to land use regulation of home occupations; extending for six months interim development controls established by Ordinance 126293 to allow home-based businesses to operate with fewer limitations during the COVID-19 civil emergency; and ratifying and confirming certain prior acts.

body

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The City Council makes the following legislative findings of fact and declarations:

A. The Council incorporates by reference the findings of fact contained in Ordinance 126293, with the exception of Section 1(H) of that ordinance.

B. In March 2021, the City Council passed Ordinance 126293, establishing interim development controls relaxing certain restrictions on the operation of home occupations during the ongoing COVID-19 civil emergency and adopting a work program for the Seattle Department of Construction and Inspections, in consultation with the Office of Economic Development, to develop and propose permanent modification of land use regulations for home occupations.

C. Although the City has worked to develop permanent regulations, the work has not been completed and the City Council is unlikely to act upon any proposed permanent regulations, or for those regulations to be effective, until after the expiration of the interim development controls on April 21, 2022.

D. If the City Council does not adopt permanent regulations that are effective before the expiration of the interim development controls, the Seattle Department of Construction and Inspections would be limited to enforcing restrictions on home occupations that existed prior to the pandemic. If this were to occur, home-based small businesses, which have relocated from storefronts or commercially leased locations due to the decline in commercial activity during the pandemic, may no longer be able to operate out of their current home locations. This is contrary to the public interest as described in the findings of fact contained in Ordinance 126293.

E. Revised Code of Washington (RCW) 36.70A.390 authorizes the City to extend the duration of interim development regulations by ordinance for one or more six-month periods.

Section 2. Section 2 of Ordinance 126293 shall be extended and in effect for a period of six months from the effective date of this ordinance.

Section 3. Any act relating to the application or enforcement of regulations for home occupations consistent with the authority of this ordinance, taken after its passage and prior to its effective date, is ratified and confirmed.

Section 4. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ________ day of _________________________, 2022, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2022.

____________________________________

President ____________ of the City Council

       Approved /       returned unsigned /       vetoed this _____ day of _________________, 2022.

____________________________________

Bruce A. Harrell, Mayor

Filed by me this ________ day of _________________________, 2022.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)