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ZOA4-84 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. 1 • c. .. ,*^. .,,t_.;,�....T P,rj•1 t�-.3,,r 1�S?:,'^?N t+:.is g,Jt.,..?,a'"x rs•^'.,..••:'�.K Kios w%,..+�'� �,.'.c)yx st.'.5u'n'■d{.} f k;i,'MI ,,," ■ a,. RESIDENTIAL HOMES ZOA 4-84 'M, t .. .... .,.:;.ttr.. u•1 v r..�>.r.a....G_ to , a fl e. i . 1‘. i..' t... " gip•• A.J at C „•r Y: o Y : 4 . AGENDA ITEM # 5.7 c PLANNING COMMISSION 4-3-84 irt .t.l WASHINGTON COUNTY,OREGON MEMORANDUM >< TO: Members of the Planning Commission . FROM: William A. Monahan, Director of Planning & Development DATE: March 28, 198 SUBJECT: Residential Homes The City Council at its meeting on Monday, March 26, 1954,x*'directed me to continue enforcing the Home Occupation section of the code without making those changes proposed to you at your last meeting. f•, The Council direction is that residential homes are governed by this section of the code The Council asked that no further public hearings be held on the residential home issue. The Council noted that the state and county will be taking further steps to clarify the problem, therefore, we should wait for their results prior to changing our code. .�- 12755 SW ASH P,O,BOX 23397 TIGARD,OREGON 07223 PH:639-4171 • MEMORANDUM CITY OF TIGARD, OREGON TO: Liz Newton, Associate Planner March 30, 1984 FROM: William A. Monahan G 9 Director of Planning & Development - SUBJECT: Home Occupations/Residential Homes Among, your responsibilities is the processing of home occupation permit requests. We have talked before about the information which an applicant must supply to satisfy the applicable code provision, In addition, we have '. discussed the application of the provision as it relates to residential homes • as defined by Senate Bill 478. I would like to update you with the latest direction given by the City Council in this area. On March 26, 1984, I asked the City Council, in essence 1) Do they consider a residential home as a home occupation thus governed by Section 18.142 of the Tigard Community Development Code? 2) If it applies to residential homes, is the language as written acceptable or should it be changed? 3) If the language should be changed, is the language which I proposed -in my February 22, 1984 adequate for consideration by the Planning Commission? 4) Should the Planning Commission conduct a public, hearing on the matter on April 3, 1.984? 5) Are there any portions of the existing code provision that should be modified? The Council discussed the issue and directed me to apply the current code to home occupations, including residential homes, without further modification by the Planning Commission. The Council felt that action will be taken in the ' .. near future by the County and State to address the gaps in the bill and the issues which have arisen as a result of the bill. Although the Council '' questioned me as to the adequacy of the limit which specifies that no more f ;i than 25% of the gross floor area is used for the commercial use, they did not I ' ± recommend that we increase the amount allowed for residential homes. Therefore, the answers to the above questions, as I perceived them at the Council meeting were: +.wY HOME OCCUPATION MEMO MARCH 30, 1984 PAGE 2 1) Residential homes are governed by Section 18.142 of the code. 2) The current language is acceptable and should not be changed. 3&4) The Planning Commission need not conduct a hearing on this issue. 5) No sections of 18.142 need to be modified. During the Council's discussion, the issue of the 25% area limitation was. raised. I was asked how we determined the area devoted to the use. I informed the Council that it is up to the applicant to tell us which areas are devoted to the use. As you and I have discussed, we must ask the applicant to submit a drawing of the house layout with identification of those areas proposed for the use. We should require that all bedrooms and bathrooms used by the tenants are counted, as well as the bedrooms and bathrooms used by the employees hired by the residential tenant to operate the facility, a portion of the food preparation area - not to exceed 50%, and any other areas _ exclusively devoted to the use of the tenants and employees. Those areas that are partially used by the primary and secondary use, such as the living room r and dining room, may be considered also, however, 1 feel that at this time we should concentrate on the areas which are totally used by tenants and employees plus a portion of the food preparation area only. A question was also raised on enforcement. I advised the Council that we are not aggressively seeking out violators. Rather, we are pursuing those homes which are reported to us as operating. In addition, since it is required that all home occupation applicants receive a permit before commencing operations, all applications submitted lawfully before a use begins are processed. Therefore, please proceed to process permits for home occupations in • 2 - accordance with the code provisions now in place. (WAM:pm/0385P) , y... .iYd z�Yr.+;a�°i awr...«...er. � -- t MEMORANDUM CITY OF TIGARD, OREGON March 7, 1984 TO: Members of the City Council r r 1 1 � FROM: William A. Monahan, Director of Planning & Development ; _• SUBJECT: Residential Homes Report Since your last meeting, I have testified before a special committee of the :: State Legislature concerning Senate Bill 478 and appeared before:the Planning. Commission to present proposed amendments to our home occupation process. The hearing before the Legislature was a success as I believe the state is now aware of the many issues surrounding this Bill from the land use area as well as health care. { My meeting with the Planning Commission on March 6 was less successful as the Commission took no action on the proposed language clarification which I earlier presented to you in my February 22 memo. The Commission was confused • about the purpose of the hearing as I represented to them that they could and should limit their consideration to the home occupation language clarification. others in attendance felt that the hearing should be open to other areas. The Commission questioned what action the City Council expected the Commission to take. The Commission has requested clarification prior to holding a public • hearing on the issue at its meeting on April 3, 19840 Please give me direction so that I may schedule the April. 3 meeting. Do you , want the Commission to: 1. Hold a public hearing solely on my proposal to clarify the home occupation section of the Code; 2. Hold a public hearing on all aspects of the residential home question; `• y._ 3. Hold a pubic' hearing on all aspects of the residential home questions and specifically make a recommendation on the proposed language clarifying home occupations; 4. Hold a public hearing on residential homes with the Commission limiting the issues as they choose; or 5. Take no further, action. (WAM:pm/O346P • { } r �F 1 O Motion failed 4-4. Commissioners Levetett, Butler, Moen and Owens voting NAY. O Commissioner Owens moved for denial because of the private street design, lack of sidewalks and lack of an agreement between the City and County for the arterial. O Commissioner Moen seconded. O Discussion followed regarding street alignment. • Motion failed. Commissioner Leverett, Edin, Peterson, Fyre and Tepedino voting NAY. .:s • Commissioner Butler moved for approval based on Homeowner's By Laws reflect maintenance requirements, that there is no previous formal agreement for the street alignment, there be 34 ft. street, but no 50 ft. right-of-way, 12 ft each lane and four ft. sidewalks. • Motion failed for lack of second. ;... 0 Commissioner Moen moved for approval of conceptual and detailed Planned development approval and preliminary plat approval of , Phase I of S 8-83 PD subject to staff's conditions and the i following conditions Conditions: 1. The Homeowner. Association By Laws will reflect that maintenance of private streets and dedicated open space, recreational areas or private mini park be the sole responsibility of the Homeowners Assoc. with no participation required or needed by the City. 2. Streets will be 24 ft. wide, with four ft sidewalks on both sides of tracks A & C, and sidewalks on one side of track H 3. Garages will be located 20' to outside edge of sidewalk • Commissioner Butler seconded e Motion carried, Commissioner Owens voting NAY. 5.7 RESIDENTIAL HOMES ZOA 4`84. o Director Monahan explained that residential homes fall under the home occupation portion of the Code. Issue to deal with is does the Planning Commission feel that the home occupation is a commercial venture and if language in the Code is adequate to handle the issue 0 Carolyn Eadon, representing NPO #1, supported staff's recommendation. PAGE 13 - PLANNING COMMISSION MINUTES - MARCH 6,` 1984 ® Bob Bledsoe, N'O #3 representative, said they voted unanimously to support the Planning Director's recommendation. 0 Also requested under criteria to limit # of employees not related by family. O Glen Haddock, 10495 SW Walnut, Consultant for Elderly Care, reviewed Senate Hill 478, stating it is a residential use not a commercial use, and that City Code prohibits this type of use. e Ferd Moreno, 14430 SW McFaland, supported Mr. Haddock's statements ® Roger Anderson, 10120 SW Mabel. St. , representing Jolene Carlson, reviewed City Council action and request. He felt this hearing was premature. He did not support staff's recommendation that tt these fall under Home Occupation permits. Asked the Commission to do nothing. e Bill Milani, 1737 SE 106th, Portland, opposed being a Home Occupancy. e Darlene Ball did not feel this hearing reflected what City Council wanted. Proposed postponement. • ® Commissioner Moen moved to continue Public Hearing to April 3, 1984 and requested staff to obtain from City Council specific direction as to what they want. O Commissioner Owens seconded. O Commissioner Edin commented he had attended the City Council meeting and the issue was not formulated. ® Lengthy discussion followed. } Motion carried unanimously. 3 a c ' Commissioner Moen moved to continue 5.6 and 5.7 to April 3, 1984. O Commissioner Owens seconded. • Motion carried unanimously. OTHER BUSINESS t { • Discussion on whether Planning Commission wants to go on record in 1. support of new City Hall. (. • Consensus was that this was not appropriate group. r ppiroprzate `to do as a grou COMMISSIONER ER; OWENS LEFT AT 12:20 P.M, MEETING ADJOURNED AT 12:24 P.M r at (DJ:pm/0,62P) #, ft PAGE 14 --. PLANNING COMMISSION MINUTES - MARCH 6, 1984 ; 1 .cr I Agenda Item 5. 9 ZOA 4-84 R MEMORANDUM CITY OF TIGARD, OREGON ? y MARCH 1, 1984 TO: Members of the Planning Commission /� Ty FROM: William A. Monahan, Director of Planning & Development \i'; 1 SUBJECT: Residential Homes f I would like to clarify what I see as the main issue revolving around the v. residential home question before you tonight. You are being asked to merely review language. which I am proposing which will clarify the Home Occupation t ,_•_ provisions of the present code. The clarification will make it clear that our home occupation permit process covers all commercial activities beyond the '':• instance where one rents his property out to tenants who live in the property 1 • but are not provided with services such as medical care or food preparation. The issue before you is not whether or not residential homes as defined by the law should be allowed in Tigard. The issue is, they must comply with the home occupation section of the code. To comply, they must apply, pay a fee, be 1 property noticed, and comply with the criteria established in the code. 3 (WAM:pm/0334P) rr R dy i s 1 t I 3r Y • " -.. ..:-.: ....,,... .,......« ......... `..,... .. Wrvfm---+'...^.mr.:.r.a-.t+' ...rs+—A`••^-•u_, '- .,.ik.t� � • F :. j. f. Motion by Councilor Cook, seconded by Councilor Scheckla to approve 1. request and direct staff to prepare ordinance adopting findings for 3/12/84 meeting. Approved by unanimous vote of Council present. `REPOR. w ' * ; i Vrl f+7vnr ,rt a. Director of Planning & Development gave history background synopsis and noted the concern for public health. Since the Legislature passed Senate Bill 478 last summer, the changes need to be addressed in the current Tigard Code. He reported also that Washington County is currently looking at requirements for home health inspections. Director of Planning & Development also recommended that Council allow him to proceed for a 3/6/84 public- hearing before the Planning Commission to change the ekisting, development code as set out in his memo. b. Mayor Bishop stated the Council would consider input from the audience, however, stressed this was not a public hearing. O Carolyn Edin, 13645 SW Stevens. Court, requested Council send issue to Planning Commission. o Brent F. Bishop, 12860 SW Grant Avenue, discussed what residential care homes are and noted they should be addressed as commercial businesses in the codes O Gordon Betts, 2979 Delwood Drive, Lake Oswego, noted that residential areas are a good environment for care of the elderly. o Audrey Harbolt, 7275 SW Danielle, Beaverton, cautioned Council to consider that homes could be leased to carry on this business. o Cathy Satterlee, 7250 SW Danielle, Beaverton, expressed concern . regarding the close proximity of homes in her area that offer care to the elderly. o Don Smull, Bellevue, Washington, stated his father is in a home in the Tigard area and felt the home was safe and supported its continuation. o Ferd Moreno, 14430 SW McFarland, supports the bill as passed by the Legislature and encouraged Council to do the same. He stated that this use offers no disruption to the neighborhood and has less traffic than other residential uses. o Bill Hartman, 16490 SW Meadowwood Way, stated , he is a chaplin with nursing homes and has found residential care homes to be a better environment for the elderly than some nursing homes and supported the bill. j r' o Michael Smith, 11645 SW Cloud Court, NPO #3 member, questioned the lack of qualifications stated in the bill for the staff of residential care homes. PAGE 4 - COUNCIL MINUTES -- FEBRUARY 27, 1984 0 Charles Gutweniger, 14355 SW McFarland, concerned that this type of business should be consider in a commercial zone not residential. 0 Roger Anderson, 10120 SW Kable, stated that a residential health care home seems preferable to true institutionalized care facilities, however, he feels the Legislature should rewrite their laws, not the City® O Jillene Carlson expressed concern regarding homes in Tigard being unsafe. O Darlene Ball, a registered nurse, supports concept and, owns some residential care facilities. 0 Dr. Charles Mansfield, Tigard resident, supports residential care ': homes. O Nancy Campbell, Tigard resident and attorney, complemented staff on work and requested this go to the Planning Commission for action. o Glenn Haddock, 10495 SW Walnut, supports the homes for elderly in residential areas. c. Motion by Councilor Scheckla, seconded by Councilor Scott to send issue to the Planning Commission for a hearing on March 6, 1984, if • the Planning Commission wants to initiate the clarification of the .,i: t Code language. Approved by unanimous vote of Council present. RECESS.: 9:15 P.M. RECONVENE: 9:46 P.M. 11. PERSONNEL RULES DISCUSSION a. City Administrator stated this item had been pulled from the agenda due to the length of the meeting. P ' 12. RESOLUTION NO. 84-13 A RESOLUTION OF THE TIGARD CITY COUNCIL RELATING TO A NEW CITY-COUNTY LIBRARY AGREEMENT. r. F.. a. City Administrator read into the record a memo regarding the WCCLS history synopsis and the purpose of the resolution._ . , b. Lucille Warren, Washington County Commissioner, stated she would vote against the inclusion of WCCLS in the County tax base measure. She also advised the Council that though initially the purpose of the ' levy was to allow $2.2 million for each year, the County Budget Committee meeting was acting on information showing $2.2 million ... would only be for the first year. is c. Bob Bledsoe stated that he will campaign against the tax base if §;.; WCCLS levy is included. _, PAGE 5 - COUNCIL MINUTES FEBRUARY 27, 1984 �T" • • • CITY OF TIGAUD, OREGON. COUNCIL AGENDA ITEM SUMMARY AGENDA OF February 27 1984 AGENDA ITEM- 14 : • DATE SUBMITTED: February 22, 1984 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Residential Home Report REQUESTED BY: ?' •d. DEPARTMENT HEAD OK: l CITY ADMINISTRATOR: INFORMATION SUMMARY } Senate Bill 478 was passed by the Legislature last summer establishing the rights of residential homes (as defined by the Bill). I have prepared a memo (attached) which outlines the changes which I and the City Attorney's t•... office feel should be made to clarify the current language pertaining to Home Occupations in the Dvelopment Code. I propose to take the language to the Planning Commission on March 6, 1984 ir . • • I: c. ALTERNATIVES CONSIDERED The Council may give the Planning Department direction to proceed with clarifying the language concerning Home Occupations or take no action. SUGGESTED ACTION . I suggest that the Council give direction the the Planning Director to proceed • to clarify the Code language concerning Home Occupations. ; j :• X 1 MEMORANDUM CITY OF TIGARD," OREGON February 22, 1984 TO: Members of the City Council FROM: William A. Monahan, Director of Planning and Development SUBJECT: Residential Home Recently I was asked to become involved in the growing controversy surrounding Senate Bill 478. I have responded by investigating specific questions - concerning sites, providing information to property owners, and researching the bill. In addition, I have worked with our City Attorney's office to determine if our existing Home Occupation provision of the code affords us • some right to regulate residential homes. Based on my discussions with the City Attorney's office, I am proposing that Section 18.142 of the Community Development Code be modified slightly with clarifying language. The language does not change the intent of the provision but does make the definition of a commercial activity clearer. Section 18. 142 of the code requires that all proposed home occupations in I residential zones be approved by the City prior to initiation of activities. Approval is based upon compliance with a series of approval criteria listed under 18.142.050 of the code. In addition, nature is given to surrounding property owners To clarify the code provisions, I am recommending that the following language drafted by the City Attorney's office be incorporated into the code: 18. 142.010 A After "It is the purpose of this Chapter to regulate home .--: occupations_ " add "/commercial activities" - __. _ ..._..--_,.. --_- • New Section 18.142.025 Commercial Activity in a Residential Zone I - A. Definition of Commercial Activity in Residential Zone ] 1. A commercial activity in a residentially zoned dwelling unit is defined as any activity which involves the sale or contracting for a good or service for present or future remuneration. 2. The rental of a house or the rental of rooms in a house for a period of time in excess of 30 days is not a commercial activity provided ` • the owner(s) (or lessor) of the house do not provide services for remuneration except for house or yard maintenance. `'' B. Commercial Activities Prohibited in Residential Zones `' Commercial activities are prohibited in a residential zone except as ` specifically authorized by this Code. Y'• • • • RESIDENTIAL HOME MEMO February 22, 1984 Page 2 C. Home Occupation Defined • A home occupation exists when a dwelling unit in a residential zone is used for a commercial purpose. 1.. If the City Council desires, I will present this language to the Planning Commission at its meeting on March 6 for consideration. The clarifying language must go through the Planning Commission and the City Council in order ' that the Code may be modified. I am also maintaining contact with City residents and other concerned citizens on Senate Bill 478. I will be able to report to you at your meeting on February 27 concerning the outcome of a special hearing which will be held by Washington County on this issue. (WAM:pm/0323P) • r„. • a r; !.?,,.t OK1•:("(11'J I.1i(et:`I Y I'/ft\ItrKaihr`ccaso(9'- • ti Etuso@ ice • Serilte Bill 473 Sponsored by Sen:etctr COHI N, Represent:hives THRt?Of', ZAJONC, JOIINSON (at the request of I Association ftir Retarded Citizens) f, ctr�rtt. 293 . .... .. AN ACT Rclating`to certain residential hcmes. Be It Enacted by the Peopk of the State of 0-regon. q- • SECTION I.As used in sections t to 3 of this Act unless the context requires otherwise: F, (I) °' fandicapped person°°means an individual who has a physical or mental impairment whia:h for the individual constitutes or results in a functional limitation to one or more major life activities. • (2) "Major life activity means sell'-care, amb aaation, comnanunication, transportation, cdtoc:ition, socialization.employment and the ability to acquire and maintain adequate.safe and dint shelter. :• (3)"Residential home"means a residence for five or fewer unrelated physically or mentally h:antS cstpped persons and for staff persons who need not be related to each other or to any other home resident. SECTION 2.The'Legislative Assembly finds and declares that: (1) It is the policy of this state that physically or mentally handicapped persons are entitled to live as normally as possible within communities and should not be excluded from communities because their cii.::hiiity requires them to live in groups; r (2)There is a growing need for residences to provide quality care and protection for physically or tncnt:diy handicapped persons and to prevent inappropriate placement of such persons in state institutions and nursing (4)Restrictions on the siting of such residences have become a state-wide problem. SECTION 3. (1) A residential home shall be considered a residential use of property for t.c,to alb t►:trposcc. Residential homes shall be a permitted use in all areas zoned for residential or commercial purposes, eat l:ialins arias zoned for single-family dwellings. No city or county shall enact or enforce zoning ordinances prohibiting ? 1 the use of a residential dwelling, located in an area zoned for residential or commercial use, its a residential home. (2)A city or county may impose zoning conditions on the estahlishtncnt and maintenance of a residential ": home in an area zoned for residential or commercial use,provided that such conditions arc no more testtictivc than conditions imposed on other residential dwellings in the same zone. . Approved by the Governor June 30, 1983 . Filed in the office of Secretary of State lt,el.y 1 , 19ti'l. 18 . 1.42. HOME OCCUPATIONS 1; 18. 142.010 Purpose ` A. It is the .purpose of this Chapter to regulate home occupations in residential zones in a manner that will ensure that the use 1s 1. A secondary, lawful use to the primary residential use of • the premises upon which they are found, and . 2. Not disruptive on the residential area. �. B The standards contained in this Chapter are intended to assure :1 ' that home occupations will be compatible and consistent with the ��... residential uses and will not have a detrimental effect on the •,\ neighboring properties . '' 1g'.142.020 Exemptions. Garage sales are exempt from the provisions of this 'Chapter. 18.142.030 Administration and AEproval Proces3. A. The applicant of a home , occupation proposal shall be the occupant of the property. B. A Pre-Application Conference with City staff is required in accordance with Section 18.32.040. C. Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the ,` Pre--Application Conference is valid for not more than 6 months 1. Another Pre-Application Conference is required if any variance application is submitted 6 months after the Pre-Application. 2. Failure of the Director to provide any-of the a.nfoe"friaiob-- required by this Chapter shall not constitute a waiver of • the standard, criteria or requirements of the application. D. The Director shall approve, approve with conditions or deny any .•fi application for a home occupation. The Director shall apply the standards set forth in Section 18.142.050 of this Chapter when reviewing an application for a home occupation. E. Notice of the Directors decision shall be given as provided by 18.32. 120. The decision of the Director may be appealed in accordance with Section 18.32.310 (A) . III. - 275 ar.:�rrya . 4 b r V o 18. 142.040 Exciration of Approval - Extension of Time Revocation A. Approval of a home occupation by the Director shall be effective for a one-year period. B. The Director shall renew the permit upon: I. Application and payment of a fee by the applicant; 2. Finding that: a. All of the conditions of approval have been satisfied; b. There has been no change in the original application approved by the Director; c. There have been no changes in the facts or applicable policies on which the approval was based; ,j- d. The applicable approval criteria in 18.142.050- satisfied. C. The Director shall give notice of the renewal as provided by 18.32;120 and the decision may be appealed as provided by 18.32.310(A) D. The Director may revoke, a home occupation approval if the conditions are not satisfied as provided by Section 18.32.250(F). J.: 18.142.00 ApproKal Criteria A. The use shall be a lawful use which shall be carried on by the occupants of the dwellings; B The Home Occupation shall be operated entirely within: 1. The dwelling unit and the use and the--storage of mateFTil and products shall not occupy more than 25% of the gross floor area C. The use shall be a secondary use to the primary use of the house as a dwelling; D. There shall be no exterior indication of the home occupation; no exterior signs shall be used; no other on-site advertising visible from the exterior shall be used which informs the public of the use except of the address of the home occupation may be displayed; E. There shall be no outdoor storage of materials, vehicles or products on the premises. Indoor storage of material or ° products shall not exceed the limitations imposed by the ,• provisions of the Building, Fire, Health and Housing Codes. III 276 ,rs F. The use shall not include any retail sales other than telephone sales. G. The Lase shall not involve direct sales or service from the property necessitating customer traffic to the residence. H. The Home Occupation shall not produce any noise or obnoxious odors; vibrations, glare, fumes, or electrical interferencr� detectable to normal sensory perception outside the structure; I. There shall be no other employees on the premises other than those who are permanent residents of the dwelling ,m J. The use shall not require any additional parking other than that which is required for the residence. 18.142.060 A..roval and Com•liance for a Business License No business license will be issued for a home occupation until the home occupation application is approved and the applicant certifies that the home occupation will be operated in strict ' ` compliance with the provisions of this Chapter and the conditions of approval. 18.142.070 Time Limit and Revocation A. The Director may approve a home occupation application subject to a specific time period at the termination of which there shall be a renewal application to determine if all of the conditions and provisions of this Chapter have been satisfied. . .'- The permit shall be renewed if all of the conditions have been '. satisfied B. The Director may revoke a home occupation approval if the conditions are not satisfied as provided by Section 18.32.250 (F) . i-r-em2mts A. An application shall be made on forms provided by the Director r and shall be accompanied by • 1. Three copies of the necessary data or narrative which explains how the proposal conforms to the standards in 18.142.050. , ° 2. A list of names and addresses of all persons who are property owners of record within 100 feet of the site. 3. The required fee. I.II 27 ,1 MEMORANDUM CITY OF TIGARD, OREGON February 22, 1984 TO: Members of the City Council FROM: William A. Monahan, Director of Planning and Development • SUBJECT: Residential Home Recently I was asked to become involved in the growing controversy surrounding Senate Bill 478. I have responded by investigating specific questions concerning sites, providing information to property owners, and researching the bill. In addition, I have worked with our City Attorney's office to determine if our existing Home Occupation provision of the code affords us some right to regulate residential homes. Based on my discussions with the `..,` City Attorney's office, I am proposing that Section 18.142 of the Community Development Code be modified slightly with clarifying language. The language does not change the intent of the provision but does make the definition of a commercial activity clearer. Section 18. 142 of the code requires that p p p all proposed home occupations in residential zones be approved by the City prior to initiation of activities. 1 Approval is based upon compliance with a series of approval criteria listed ' under 18. 142.050 of the code. In addition, nature is given to surrounding property owners. To clarify the code provisions, I am recommending that the following language drafted by the City Attorney's office be incorporated into the code: r I 18. 142.010 A After "It is the purpose of this Chapter to regulate home occupations " add "/commercial activities' - New Section 18. 142.025 Commercial Activity in a Residential Zone A. Definition of Commercial Activity in Residential Zone f 1. A commercial activity in a residentially zoned dwelling unit is defined as any activity which involves the sale or contracting for a good or service for present or future remuneratihn. 2. The rental of a house or the rental of rooms in a house for a period of time in excess of 30 days is not a commercial activity provided the owner(s) (or lessor) of the house do not provide services for remuneration except for house or yard maintenance. B. Commercial Activities Prohibited in Residential Zones Commercial activities are prohibited in a residential zone except as specifically authorized by this Code • • • RESIDENTIAL HOME MEMO February 22, 1984 Page 2 • C. Home occupation Defined A home occupation exists when a dwelling unit in a residential zone is used for a commercial purpose. If the City Council desires, I will present this language to the Planning Commission at its meeting on March 6 for cnsideration. The clarifying language must go through the Planning Commission and the City Council in order that the Code may be modified. ... I am also maintaining contact with City residents and other concerned citizens on Senate Bill 478, I will be able to report to you at • p y your meeting on February 27 concerning the outcome of a special hearing which will be held by Washington County on this issue. (WAM pm/0323P) • • • • • f {4 3 � 18 . 142 HOLE OCCUPATIONS .. 18..142.010 Purpose A. It is the purpose of this Chapter to regulate home occupations s in residential zones in a manner that will ensure that the use tI 1 . A secondary, lawful use to the primary residential use of $ the premises upon which they are found, and 2. Not disruptive on the residential 'area, 1, 8. The standards contained in this Chapter are intended to assure i It' that home occupations will be compatible and consistent with the residential uses and will not have a detrimental effect on the 1., neighboring properties 18. 142.020 Exemptions Garage sales ; 9 exempt provisions of this Chapter. 18. 142.030 Administration and Approval Process A. The applicant of a home occupation proposal shall be the occupant of the property. 8. A Pre-Application Conference with City staff is required in accordance with Section 18.32.040. C. Due to possible changes in State statutes, or regional or local policy, information given by, staff to the applicant during the Pre-Application Conference is valid for not more than 6 months 1 . Another Pre-Application Conference is required if any variance application is submitted 6 months after the Pre—Application 2. Failure of the Director to provide any of the i Fo`rma ion __ required by this Chapter shall not constitute a waiver of the standard, criteria or requirements of the application. • D. The Director shall approve, approve with conditions or deny any application for a home occupation. The Director shall apply the standards set forth in Section 18. 142.050 of this Chapter when reviewing an application for a home occupation. E. Notice of the Director' s decision shall be given as provided by 18. 32. 120. The decision of the Director may be appealed in accordance with Section 18.32.310 (A) . III — 275 • 18 142.040 Expiration of Approval - Extension of Time Revocation ( : A.' Approval of a home occupation by the Director shall be effective for a one_year period. B. The Director shall renew the permit upon: t .. 1. Application and payment of a fee by the applicant; 2. Finding that: aY. All of the conditions of approval have been satisfied; �.. b. There has been no change in the original application approved by the Director; c. There have been no changes in the facts or applicable . policies on which the approval was based; d. The applicable approval criteria in 18,142.050 are satisfied. • C. The Director shall give notice of the renewal as provided by 18.3 2.120 an l the decision may be appealed as provided by 18.32.310(A). D. The Director may revoke a home occupation approval if the conditions are not satisfied as provided by Section 18.32.250(F). 18. 142.050 Approval Criteria A. The use shall be a lawful use which shall be carried on by the occupants of the dwellings; 8. The Home Occupation shall be operated entirely within: ,• 1, The dwelling unit and the use and the storage o material --_--- and products shall not occupy more than 25% of the gross floor area. C. The use shall be a secondary use to the primary use of the house as a dwelling; D. There shall be no exterior indication of the home occupation; no exterior signs shall be used; no other on—site advertising visible from the exterior shall be used which informs the public of the use except of the address of the home occupation may be displayed; 1 E. There shall be no outdoor storage of materials, vehicles or products on the premises. Indoor storage of material or" products shall not exceed the limitations imposed by the provisions:.. of the Building, Fire, Health and Housing Codes. 4 s - III 276 }, :. , , 'tern F include any ret�el sales otter than telephone , • • - F. The ease' shall not. , sales. l not in+voi�aa direct sales or service ' `from the G. The use shall t_ tali customer traffic to the rest Qnca�. 0 opert� necessi y { i :.• >' > yip�p { y • .r � - ... -... ..,: < ',<" Z .s X a r "� redo �� a :e 1. , t - ' , a. isha11 :not R Y. The `dom "�€�%cu�atia�n� ckracaal�'° in�er`fa�;t aZna� { ; '° $q� Q k: k `,x fumes. or' ele {r 4 u,;• c —'' t`• .� '' brat ior15 p..',t 9;-are 4.: t'n{ X1,1 '•,'�p ▪:, 4- 'odo p °rt 6 6.: 41{Atr�bdg �•'n,!'�tsM�E'6e 9s +dr 4. . ��• �;�::���,� � K t• detetkabte• to ad �l -��� ®ry -percept � -r „:7.,.',-,,,,,..,_ti: $��,• 'x» 4• ,, ` ees err the pi"emises other than F • ".K'•4 11.1e re shall. .be t no -other -erplo� `! ¢iri La 1 . LL pe mars .,'ire 'idaarnt 1 0f the 'dv 1'15,i-11; - '. - ..= � 'those who';ar+���- , �. y outer khan that' additional Parking ., J. 'The use shall reel �-egu�r•e pn which is required fog the residence. 18.142.060 A.pr'ovai and Com.l iance for a 13u�fries s License .,..,,,„,,,.,,... '1,., :L'.,. nse will :rat* issuea� For a home occupation until :.. ,: .•, No „business l�a�e gy ' .,� ' ... a oc u ,, .i-.ra,,aPP 1 l �kr° 0 4n < �;° ;a”' ,. hr�,�':t1c��r �i>< ,- opera. � � >��, d .:..,.),.„4,- pp��,, S�•Ca Y _:. r f• :,. �. , , ,: s ;�'y' ,;-� illo � Y`�h� Yr ' y. a Civn tee be '-'::,''''''''-'''''-.6';:,11%';'-''4:::'1." N of acs that.X �t t., ham. �acc�a a ,F ',. ter• arid the R '''''''!"'.?-=,'--.- a.. 4r%''9p�$� of this Ch p .t M .r°g-,.•:l • `, e�ibdA ii M +a) d. F Zt, ;'J.,r,4 z� aE'•K s , ®llta- �� z� tl +frs*, l';,,:.,'[.'--?:::,,',-. �4} S' . i-�tsry Vr�sa. ���r�V� '�*•� --.S..t. - T - '-3 ,r ?" �k1Z9�X Jr �; ,°. �, , c.trEr X� �a� � f V° _ o q ions oar;;-(1 �raL: 'co ib� it:, a ..;Y :1 'A F, ! • ' , ,..-,..l',:c.,,...::,:C4'il.,..''f7.:;,;!':',;',-'1,,'I'Y'*; a , £ fi 16.14� O7� a me 1ft9�t' 4�ocat o •tr `�' '"` '`. ` A `, rove a home `®c upati�n pplia alt ®n su ct ' °fta� .r'ea�tbr yrsay;:, PP - , " ters+inaatiort. of h teiet ` t er•e ,x. , _. { if is time period at khe ° to a spec stall tae' asr r°en a' app Ica to determine if all of the ` ktax seta=_r t� ve been satif xed a .t V3��fS of s W ..Jf # Y' * i iC* „ ,.n t co � tion� �,n . P-, #.J �`' iaan naive .. een t' ,> > b =;b 11 renewed i f ' 1l'`o f the M c aEid i t .tie ..:,.,••,,,,c.,,,,,, 4t-, The permit satisfied. _ : : revoke a home occupation approval if the ....:...'2'.,.',. 8. 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PUBLISHING J - Legal 7-6337 • P.o_BOX 370 PHONE(503)684-0360 Notice s BEAVERTON, OREGON 97075 Legal Notice Adver'tlsing . 0 Tearsheet Notice ' City of Tigard g PQ Box 23397 Duplicate Affidavit Tigard, OR 97223 o • pI �� , ,ss. . � i ' r ,, ° - ..f .nom; . $ .. .' . .:�' -- � ., . •F . _ ; r AR � - ' � Y AFFIDAVIT(T QF P L 0.�z'„i !4L ?,s:: ,y" ,��QE� Y V Eec "3d� fi x x,�t��� k. n l x &• fA� �` ,= S 3 ' -r M .ayy s y ss . rit ' y• t- z�� r ' ,� . +� �; 3y ,, o ^ � -fi� _ , , �.a � . .t -Y� i e'7: 4 ~ �iT y k �$ �a ��} ;'s_'.��p:+ � "'s t Susan Pi GL �▪ . !'V 7 ' 1 ••Y}ti,-••:5•'. 851 - e: e. ,.:y^ - ,blean fi rst duly sworn depose and s say t h at ! am t the mAQdS vert•sen �p� -o• m, i f. r �� s � �� ._ > ° ���4":• .4%,„470:10..: � � . �©IreG$ or his at clerk, of the Tr ca rT1 of general circulation as defined in OR S 193.01 Q ��;;,...,41.4,„,� ,. � � �. �_�� �>.-. �.�*��� �r � = �m..�, ws T��,s" - y"�*� s ,.: '�i,�aPr>,t:-` r a dews a e. o and 193.(�J• published at Ti an d If the � . i t. : pwr: "iu•.-. � , � -� w � 1~— :�, �.:: `�a x« . 1� d aforesaid county and state; that the fp.' .v :"%�..r -� V � •,rr_ ;a� ' n _ (i� "�'t I , �.mt t • h r r 3 .' m r .. ro � � � � o - ,p1 ll l 4 .9-••-•:.s-,-, � ' y - n ; � � < • � � ,- :, � � - ��¢xed wa s published in the , ; � ��..g:,,,,, ..0„,,,printed copy of which is hereto anne , �:w„,,, . .,,...„,b : - �r�� .� t,+, � ' � L �,p.successive and , � � ,: A'1„ yryF vf � x _ �: _�� � x ., �,,.-entire i ss ue f said ne�speper for ., 0 . • :ti ,:: � . , - a ..:< � L� = � . � f ��jtSp. � ; r,+consecutive in the following issu e s , r �r � t 1 r � r�f,1W, /•,!.A u5t • —14 .f .: ' 4 .7.::114.40134� 4� , : S ,-...'e,‘,.'",,-,,...,--; ,#r_� t fi.t, ;xs ':;.;.114,— ..e, �,� 2� ;. . T r, a , Q2 Qh_ �.mar. .. s;. . , _ � - yy� ' a.� DIY.. � . ui • , • , 4 , .,n v. ` . -; �7 x'-, �r Feb 23 1984 - = = ,ti . W ss w ,'1} � N S f FWi . . '"*IN f 4 . ..,c35+,....--... . ''//}}pper. � q-,� �/r��� rr•"� •,D..:4; I;i!bii. 4, jiiIi ::iiiiiflui. 1i7.ii%, '.0.1.',: ,..�q'�-,,„4, , , ' i.� *ri 91� - ,M'- 'M1. .• {sue 'Sr. Yti.,� Y .1W�r,_llMv _ �:' "v 3„ 3f: � 't..•'i �r��, :(��' .+�._ 4 �@�Qy �)`�� Si.., Pay; ,1 ... •�'P ' j .9. ro ,IV f + bruary 24, 198 -,,..r ,,. , A6I:a'yt��,, t..r. G ,, �.. -.:- . �,>20,7.”, , Subscribed and :;w•rn to be#ore.me s Y r s� .� � M• ja35 ,�trY{...{A viii, 3`� f0k{�,,y,p -„'+. �'�a:•!�.� ri�0{R/L- �e1a[.,•`h.. '�,y�:•�YY,f, r`.`.qy !7��'jD�•v1'•ylp` ' . ..' ita t µ42 7i.�3• . :".nM',�, '�°-L u ii _ i t �' '�f:7 x .+� .. y n i '. > Kr-�, �.• - 1 �` ,s '.� �, Y;!�}%r°ir'Ppq�. 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