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HOP2003-00130 _ OF ~I HOME OCCUPATION PERMIT TYPE: I DEVELOPMENT SERV'ICE'S PERMIT HOP2003-00130 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 DATE ISSUED: 11/10/03 APPLICANT NAME: JOHN DARBY BUSINESS ADDRESS: 13867 SW BENCHVIEW TERR PARCEL: 2S104CD-04700 ZONING: R-7 JURISDICTION: TIG NATURE OF BUSINESS: Home based office for landscape service. BUSINESS NAME: JOHN DARBY LANDSCAPE INC SQ.FT - DETACHED: GENERATE EXTRN NOISE: N SQ FT -RESIDENCE: DAYS/HOURS OF OPS SO FT -BUSINESS: SIC CODE: BUS. VEHICLES GARAGED @.RES: ONE PAID NON RES EMPL: N OUTSIDE STORAGE: NONE CUST/CLIENT @ RES: N EXTERIOR SIGN?: N PICK/DELIV @ RES`. N ACKNOWLEDGEMENT: I understand this Home Occupation Permit is approved for the above described business at the specified location only, and does not require, renewal. Further, I understand that the City of Tigard Business Tax must be renewed annually in order to maintain permit authorization. I acknowledge that this Home Occupation Permit approval may be revoked if the conditions and standards of approval have not been complied with and/or this home occupation is otherwise being conducted in a manner contrary to the Tigard Community Development Code (18.742). Permit revocation due to a violation of requirement(s) of this, Horne Occupation Permit cannot be renewed for a minimum period of one year. (18.742.070). Approvey Permittee Signature 10/29/2066 0956 FAX 5035961960 CITY OF TIGARD ~ U42 PC'ECENED H 0 ME 110% 1 %C#CUPAT 0 10 2003 TYP't I A LJ T1t Fj-, OF TIGAR~ Cl F 4lGiARD' 13125 SW Hali"Blvd., Tigard, OR 97223 (50) 63g-417 ! $101 GENERAL,' INFORMATION i Property Address/Location: Tax Map & Tax Lot Zone: FOR STAFF USE O LY Property OwnerlDeed Holders)w: p rhy RG7 q lase/Permit No.: 03 "OD v0 Address; 3 ~{+V ~Q(I(', \ CI/l~ ~I~iPhgre: 4 Other Case No.(s): City zip: 7- Filing F'6e'Rec'd:$ 31 , DU - - -Applicant.',: a „Zh f,',-hy Receipt No_: a 003 Address: 7_ 6fV~0/11('Yll~ {Yl~ hone,at:315iq 71S ApplidMon Approved Sy: C. 7X52J0 (q date Approved: /l / o - l73 Business f?hone; ~ City: 11 Zip: Comp Plan/Zone Designation: BusinessNar e: al o 17ARPt® LA C, d D-en --7 Business Type Code: Nature of Business: 1 ~y Business Tax Paid? Yes No Business Tax Receipt o. Rev. 2/2V2003 iAcuraln~masters\", i9eMhap1.dcc When the owner and the applicant are different people, the applicant must be the purchaser of record; & a lessee in possession with Written authorization frorn the owner or an agent of the owner: The owner(s) must sign.this application in the space provided on the back of this form or submitaa-written authorization with this. application, REQUIRED SUBMITTAL ELEMENTS THE APPLICANT SHALL'GERTIFY THAT; Application Elements Submitted: 3 The above request does not violate any deed restrictions that maybe attached to or Imgos®d,uoon.the subied nrorserty. Application Form 3 If, the applicatior !is ,granted; the applicant will exercise the ,rights 0 Owner's Signature/1Nrltten Authorization granted 'in aocordanoe with the terms and subject to all the Proof of Business Tax Certificate conditions and limitations pf the approval. Filing, Fee: $ 31.01) 3 All of the above statements. and the statements in the plot plan, attachments, and''exhibits &ensmitted herewith, are true-, and the applicants so a,- it any' permit issued; ,based on this application, may be revoked If it is found that any such statements are false: 3 The applicant has read the entire contents of the application„ including. tine policies and criteria, and understands the requirements for approving or denying the application. 1 10/29'/2`003 09.:57 FAY 3,035981960 CITY OF TIGARD t I;;gA'3 1. Horne occupations may be undertaken only by the principal 10- There shalt be no exterior storage of occupant(s)of a residential property; vehicles of any kind used for the business except that one commercially 2. There shall be no more than three deliveries per week to the licenses) vehicle of not `more than three- roeident by suppliers; quarters ton GVW may be parked outside of a structure or screened area. 3. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at" or beyond the property line resulting Standards: from the operation. Home occupations shall' observe the provisions of TDC Chapter18.725 (Environment Performance Standards); According to Tigard Development Code Chapter 18.742.050, a Home Occupation 4. The home occupation shall, be operated entirely within the dwelling Permit - Type I shall exhibit no evidence that a unit and a conforming accessory structure, The total area which business is being conducted from the may be used in the accessory building for either material product premises. Home Occupation Permits - Type f. storage and/or the business activity shall not exceed 528 square shall not permit; feet. Otherwise, the, home occupation. and .associated storage of material and products shall not occupy, more than 25 percent of the A. Outside volunteers or employees to be combired residence and accessory structure gross floor area. engaged in the business activity other The indoor storage of materials or products shall not exceed the than the persons principally residing on liir 6t!ons imposed by the provislon of the buliding, fire, health and the premises; housing codes; B. Exterior signage which identifies the . property as,a business location; 5. A home czccupation shall' lot„make necessary a change in the C. Clients oe customers to visit the premises Uniform Building Code use -class ifiiceition of a dwellinc unit. Any for any reason; and accessory bullding that is used must meet Uniform Building Code D. Exterior storage of materials. requirements. I hereby certify that I have read and 8. More than one business activity constituting two or more.home understand the above conditions and occupations shall Lie allowed on "one property only if the cornbindd standards for the operation of a home floor space of the business activities does not exceed 25 percent occupation. I acknowiedge that this home of the combined gross floor' area of the residence and accessory occupation approval may be revoked if the structure, Each home:occupatiom shall apply for a separate home above-conditions and standards have not been occupation permit, if'requlred'per this chapter, and each shall also complied with and/or the home occupation is have separate Business Tax Certificates; otherwise . being conducted in a manner contrary, to the Tigard Community 7. There shall be, no storage and/or distribution of toxic or flammable Development Code (18.742). Revocation due material, and spray' painting or spray finishing operations that to' a violation of the home occupation involve toxic or flammable material which in the judgement of the 'requirement(s) cannot be renewed for a Fire Marshall pose a dangerous risk to the 'residence, its minimum period of one year (18.742,080). occupants, and/or surrounding properties. Those; individuals which are engaged in home occupation, shall :make avaiable to the Fire Marshall for review ttat;Matenal Safety Data Sheets which pertain Applicant's Signature: to all 'potentially toxic and/or flammable materials associate With the use; Date:- 8. No home occupation _shall require any on or off-street parking otherthan`ffist normallyrequired'fer°a residence; 9, The"following uses are not ailowed as home occupations: Owner's Signature: a:) Auto-body`repar aria Pain6,n8; Date: b.) On-going mechanical repair conducted outside of an entirely enclosed building- c.) ; Junk and salvage?operations; and d.) Storage'and/or sale of fireworks. Owner's Signature: Date: 2 CITY ~F T[G~R~ 5 S`N Ka11 C31`'d1312 X223 0004936 t Paid Tigard: Oregon '2120()300()0000 ~5p3) 639.41? 1 VeCeipt ®a 11012003 ount No 31.00 te: Revenue Acc r'n .438000 $31.0 lao-oooo- Line Item Total: pescription : i ran Code ~LANOUS] -typ I'll lie S*. I Permit Pee Amount Paid Line Case No How Received 31.00 140P2003-00130 Approval No. Check In Person $31.00 Nect.l User ID Payment Total: 13339 Payments: Payer C Method DARg~J kANDSCAPf iN CAC ~pHN Check BUSINESS TAX RECEIPT 13125 SW HALL BLVD., TIGARD, OR 97223 (503) 639-4171 NO. 5727 EXPIRES: 12/31/03 TYPE OF BUSINESS: LANDSCAPING SERVICE/SALES BUSINESS PHONE: 503-579-5298 BUSINESS NAME: JOHN DARBY LANDSCAPE I.NC ADDRESS: 13867 SW BENCHVIEW. TER TIGARD OR 97223 THI&RECEIPT MUST BE POSTED:INA CONSPICUOUS PLACE AT THE BUSINESS ADDRESS AND IS NOT TRANSFERABLE If.you ha't'e any questions' about your BusinessTax Receipt or doing business in Tigard, please contact the Business Tax Specialist at (503) 639-4171 x2487. NOTE: The Tigard Municipal Code 7:24.120(4)' has imposed reasonable restrictions on "Door-To-Door" solicitation and canvassing, commercial and noncommercial within the city limits of Tigard. The Tigard. Municipal Code 7.52:080(a) restricts the selling of goods or services in any City parks. A Business Tax Receipt, does not imply City approval or endorsement to operate the business or the location of the business. JOHN DARBY LANDSCAPE INC 1,3867 SW BEN:CHVIEW TER TIGARD OR 97223 N"PI E F VIOLATION PROPERTY OWNER / OCCUPANT I ETAL: John Darby'Landscape, Inc., John Richard and Sue PROPERTY DESCRIPTION 2S104'CD04700 Darby, and all others CASE NUMBER CE02(~i i r>105 1. ADDRESS OF VIOLATION: 13867 SW Benchview Terrace, Tigard, Oregon 97223 CLASS OF VIOLATION COMPLIANCE DATE : 11-07-03 MAILING ,,DIRESS° Same VIOLATION(S): Illegal business. No.Home Occupation Permit or Site Development Review. Includes but not limited to the landscaping business you are, running from your home-and advertising in Tigard. REMEDY(S): Immediately apply for a home occupation:permit and pay all appli'cabl`e fees, OR discontinue ALL business operations completely. Based on your business, you will need to apply for-a HOP Type 2. For Home. Occupation information, contact503-639=4171 x 2421 OR ask'for a, City Planner. *Note - though you had a home occupation permit for your business when you lived on Clearview, the permit is not transferable to a new property. Additionally the scope andsize of your business has changed. Tigard Municipal Codes: 18.742.020 (A) "Compliance With this chapter. No person shall carry on a home occupation, or permit such use to occur on property which that person. owns or is in lawful control of, contrary to the provisions of this chapter." 7.40.020 (a) "Responsible,party" means fhe person responsible for curing or. remedying a nuisance, which includes: (1') the owner of the. property, or the owner's manager or agent or other, person in control of'the:property on behalf of~the owner, (2) the person occupying the property,. including bailee, lessee, tenant or the person having possession, (3) The person who. is alleged to have committed the acts or omissions, created or allowed' the condition to exist;- or placed the object- or allowed the object to exist on the property." 1'8,.230.030 "Penalty. (B) Each violation a separate infraction. Each violation of a separate provision of this title shall constitute a separate, infraction, and each day that a violation of this title is committed or permitted to continue shall constitute a separate infraction." 1.16.410 "The civil penalty to be assessed for a specific infraction (a) For,Class 1 Infractions, an amount not to exceed two hundred fifty dollars." (per violation, per day) Date 10=20 d3 Community Development Department THE CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT FINDS THAT THE NOTED Officer: C. Darnell 13125 SW Hall Boulevard, VIOLATION(S) EXIST ON THE PROPERTY IDENTIFIED ABOVE. FAILURE TO CORRECT THE VIOLATION(S) 503-639-4171 x 2441 Tigard, Oregon 97223 MAY RESULT IN THE ISSUANCE OF A FORMAL CITATION. A COMPLAINT AND SUMMONS WITH A COURT CITY OF TIOARD DATE WILL BE SENT TO YOU. THE COURT MAY THEN IMPOSE POSSIBLE FINES.