ZOA2003-00001 • • • A� 1
CITY OF TIOARD
Community cDeve(opment
Shaping Better Community
LAND USE PROPOSAL DESCRIPTION
120 DAYS = N/A
FILE NO.: ZONE ORDINANCE AMENDMENT (ZOA) 2003-00001
FILE TITLE: HOME OCCUPATIONS CODE AMENDMENT
APPLICANT: City of Tigard OWNER: N/A
13125 SW Hall Boulevard
Tigard, OR 97223
REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to
allow no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00
PM under the Type I Home Occupation Permit, and to add verbiage acknowledging
telecommuting and exempt telecommuters from the Home Occupation Permit
requirements.
LOCATION: Citywide.
ZONE: N/A.
APPLICABLE
REVIEW
CRITERIA: .Planning Goals 1 and 2; Comprehensive Plan Polcies 1 and 2; and
Community Development Code Chapters 18.380, 18.390 and 18.742.
CIT AREA: East/South/West/Central CIT FACILITATOR: List Available Upon Request
COMMENTS SENT: MARCH 13, 2003 DUE: MARCH 27, 2003
DATE DLCD NOTICE WAS SENT: MARCH 4, 2003 (48 days prior to IS` hearing)
DECISION MAKING BODY BELOW: ❑ TYPE I ❑TYPE II ❑ TYPE III IA TYPE IV
® PLANNING COMMISSION (MON.) DATE OF HEARING: APRIL 21, 2003 TIME:7:00 PM
Z CITY COUNCIL (TUES.) DATE OF HEARING: MAY 13, 2003 TIME:7:30 PM
COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
Z PROPOSED ORDINANCE/AMENDMENTS Z STAFF REPORT Z DLCD NOTICE
Z VICINITY MAP ❑ SITE PLAN
STAFF CONTACT: Morgan Tracy, AICP Associate Planner (503) 639-4171, Ext. 2428
• •
PRE-APP.HELD BY:
CITY OF TIGA;1f.'_:•t Pix.g Lr«ANNS -c
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By' p /A- 1 .Date Application Complete'•
Date I 3I /03 I ,,. ...: . . . .
•
TYPE OF PERMIT YOU ARE APPLYING FOR
❑AdjustmentNariance (I or II) ❑ Minor Land Partition (II) ❑Zone Change (Ill)
❑Comprehensive Plan Amendment(IV) ❑ Planned Development(III) ❑Zone Change Annexation (IV)
❑Conditional Use(III) ❑Sensitive Lands Review(I, II or III) Eone Ordinance Amendment (IV)
❑ Historic Overlay(II or III) ❑ Site Development Review(II)
❑ Home Occupation (II) ❑ Subdivision (II or III)
• • •. .'• - •••-• • • " • 1 ••ressi avaia•e
lAX MAP& I AX LU I NUS.
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IUTAL SI I t SILL LUNIN(,i CLASSIFICAI ION
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APPLICANT*
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PHONL NU. FAX NO.
(S03)639— 61171 (So3 601/- 729
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MAILING AUUKLSS/CI I Y/S I A I L/LIP
PHONE NU. FAX NO.
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*When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in
possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the
space provided on the back of this form or submit a written authorization with this application.
PROPOSAL SUMMARY(Please be specific) p �/
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APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED .SUBMITTAL ELEMENTS AS
DESCRIBED IN THE"BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET.
•
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CITY OF TIGARD
Community Development
Shaping A Better
Community
MEMORANDUM
CITY OF TIGARD, OREGON
13125 SW Hall Boulevard
Tigard, Oregon 97223
(503)639-4171
Fax 684-7297
TO: Planning Commission Members
FROM: Morgan Tracy, Associate Planner
DATE: February 3, 2003
SUBJECT: General Discussion of Proposed Home Occupation Amendments
At the November 18, 2002 worksession, the commission spent some time deliberating different
options for amending the Home Occupation rules, and like staff, found that trying to set rules or
exceptions usually resulted in undesired consequences. The commission identified the main
issues: invasiveness of a business in a residential zone, privacy, noise,traffic, signage,
compatibility; but struggled with developing standards that could be evenly applied that would
address these issues.
On one hand, the Commission agreed that Type I Home Occupations were the perfect neighbor,
as they operated, in essence, invisibly. These include home offices, wholesalers, phone or
internet oriented businesses, and personal services that perform their services off-site. In an
effort to streamline the paperwork process for these Home Occupations, a suggestion was made
that the permit requirement be dropped in favor of performance standards. In other words, a
Type I business would still be required to apply for and receive a business tax, and part of that
application would include a requirement that the applicant sign an acknowledgement statement
listing the Type I standards (no employees, no customers, etc.) as well as the potential fines for
non-compliance. To offset the cost of monitoring and enforcement, a $30 per business tax
"Compliance Fee"would be proposed.
The real difficulty comes from trying to sort the good Type II Home Occupation apples from the
bad. For instance, a bookkeeper with a few clients a day typically has no greater impact than a
resident with a lot of friends. But a hair salon with six clients a day every day will cause the
neighbors to react negatively. A piano teacher may be okay with six (or maybe more) pupils, but
a Tai Kwan Do studio, or drum instructor may not be. It depends largely on the business type
and even more on the business proprietor. It's possible that a business that is completely out of
compliance with our standards fits harmoniously into the neighborhood,while one that is in
compliance is a constant headache for the neighbors.
• •
One solution would be to eliminate Type II Home Occupation permits altogether. That means no
more businesses with external impacts, no employees, and no clients. For the bookkeeper, this
adds the inconvenience of having to find an offsite location to meet clients. For other
businesses, like the hair salon, it would mean that the business could not operate in a residential
zone.
Another possibility would be to remove Type II Home Occupations and make them subject to a
Type Ill process as a conditional use. This would allow for additional discretion, as well as a
public forum for neighbors to express their concerns. This also means that they may be more
contentious, more time consuming to process, and therefore more expensive and complicated to
apply.
Below, are some ideas for developing additional standards for Type I and Type II HOP's:
Possible Type I Options:
1. No Change.
- Leave Type I HOP's as they are now in the code.
2. Eliminate the permitting requirement
- Remove Type I permits, but retain the rules and requiring a business tax be paid.
Applicants would sign an acknowledgement on their business tax form that they will abide
by the HOP rules as set forth in the code. A code compliance fee would offset the loss of
revenue.
3. Expand the list of prohibited businesses.
- For example, all engine repair, landscaping business, metal machining, pet sitting on-site
4. Make City standards consistent with the Urban Services Area standards:
- Outside storage of inventory, refuse, equipment, vehicles, or other items associated with the
home occupation is prohibited.
- Distribution of materials or sales of any kind from the property where the home occupation
is located is prohibited.
5. Add new standards
- Vehicles marked with business identification (name, number, logo, etc.), or vehicles that
require a Commercial Driver's license, shall be housed in a garage or screened behind a
minimum 6 foot tall solid fence.
- Group meetings for the purpose of conducting business or sponsored by a business are
prohibited (i.e. Tupperware Parties, Herbalife Meetings)
-Assembly of employees at residence for off site work is prohibited (e.g. contractors,
landscapers, cleaning services).
6. Add a new allowance
- To address the piano teacher issue, we could allow (some number, say 2) students per day,
visiting at separate times under the Type I permit, that is if we eliminate Type II HOP's.
Events like recitals would have to be conducted at a different location.
• •
Possible Type II Options:
1. No Change
- Leave Type II HOP's as they are now in the code.
2. Remove Type ll HOP's
-Completely eliminate Type II HOP's
3. Community Based Approval Standards
- Require a majority of the abutting property owners to sign off on the applicant's proposal.
This could allow an applicant to create their own limits in terms of employees, number of
customers, hours of operation, signage, etc. Some basic limits would still need to be
imposed to prevent a strictly commercial operation from opening in a residential zone. It
also reinforces that the neighbors are watching and control the fate of the operation. If an
applicant cannot convince the neighbors, a Type I permit is a non discretionary option (but
much more limited).
- Require reconfirmation on an annual basis. This is meant to address those businesses that
"outgrow their britches". In other words, they may start as a non-descript casual business
with a couple of clients a week. But as they grow more successful, there are more clients,
perhaps the addition of an employee, some signs start showing up, etc. This could either
be done by requiring reapplication every year or by some more simplified process. The
intent would be to send notice to the neighbors to identify any problem areas that have
developed with the business and allow the applicant an opportunity to propose measures to
address the issue. If a repeat problem cannot be resolved, the HOP would not be
approved.
4. Alternate or additional standards
- Staff has attempted to develop standards for Type II HOP's with little success. The present
standards perhaps don't fit every business need, like piano teachers, but have generally
worked well in limiting potential impacts to neighbors. By expanding allowances for
particular types of uses, there is the risk that unforeseen impacts or problems are created.
Some ideas that have previously been presented include:
1) Add an exemption for educational instructors from HOP rules.
2) Amend the code to allow increased or unlimited number of clients.
3) Amend the code to exempt pupils from the customer limit.
4) Make Type II HOP permits subject to public hearing process
5) Create a third tier of HOP's
6) Add an expiration timeframe
•
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n
CITY OF TIGARD
MEMORANDUM Community Development
Shaping A Better
CITY OF TIGARD, OREGON community
13125 SW Hall Boulevard
Tigard, Oregon 97223
(503)639-4171
Fax 684-7297
TO: Planning Commission Members
FROM: Morgan Tracy, Associate Planner
DATE: November 4, 2002
SUBJECT: Overview of Home Occupation Amendment Issues
In September of 2000, the City Council directed staff to examine the present Home Occupation
rules to determine whether changes to the ordinance were in order. The request was the result
of Sherrene Walker, a piano teacher who wished to give lessons from her home. Ms. Walker
proposed having up to 15 students a day, beginning before school hours, with an occasional
small gathering recital. Under present requirements, a Type II Home Occupation Permit would
be required, but only allows up to six (6) clients per day, between the hours of 8:00 AM and
10:00 PM. Staff has been unable to schedule work on this issue until recently.
A number of home-based business applicants have expressed that the current HOP rules are too
limiting, and that they would prefer more flexibility based on the site characteristics, and the
particular business operation. Conversely, the City has also fielded complaints from neighbors of
existing home based businesses, and concerns from neighbors of proposed Type II home
businesses with regard to impacts on privacy, noise, parking and storage problems.
Most recently, a proposed hair salon received much publicity, due in large part to the concerns of
the nearby neighbors. Staff found that the salon met the standards for a Type II home
occupation permit, but the decision was appealed to the Hearings Officer by the neighbors in
opposition. The Hearings Officer agreed that the standards for a Type II HOP had been met with
the imposition of several conditions of approval.
Clearly, there are two sides to this issue, depending whether you are the business proprietor or
the next door neighbor. However, the large majority of home based businesses go either
unnoticed or do not conflict with the peaceful enjoyment of the neighborhood. The City records
indicate that since 1989 there have been 1,604 Home Occupation permits issued. Our code
enforcement staff believes there are many more unpermitted home businesses; although the
• •
exact number is unknown as the businesses that do not generate complaints are not typically
investigated.
The question before the Commission is whether certain changes to the Home Occupation
Standards are warranted. Staff believes that the present standards strike an even balance
between the needs of business owners who wish to operate from their home and the concerns of
residents who wish to protect the residential character of their neighborhoods.
A Comparison of Home Occupation Types:
Type I Type ll
Number of deliveries 3 per week 3 per week
Size Limitation 25% of dwelling or 528 s.f. 25% of dwelling or 528 s.f.
Prohibited Uses •Auto body repair& painting •Auto body repair & painting
*Mechanical repair (outdoors) *Mechanical repair (outdoors)
•Junk and salvage operations •Junk and salvage operations
•Storage/sale of fireworks •Storage/sale of fireworks
Heavy Vehicle Limitation Up to one %-ton comm vehicle Up to one 3h-ton comm vehicle
Parking Limitation No more than typical for house No more than typical for house
Storage Limitation No outside storage, No Screened, may not exceed 5%
flammables of lot area, no flammables
Non-resident Employees None One
Exterior Signs None One 1.5 s.f. wall or window sign
Clients or Customers None Up to 6 per day
Hours of Operation N/A 8:00 AM to 10:00 PM
Note: In the Urban Services Area, additional more restrictive Home Occupation standards apply which
follow Washington County's requirements. These were imposed as a result of feedback during the original
IGA discussions for the Urb. The additional standards (applicable to both HOP types) include:
1) outside storage of inventory, equipment, vehicles, or other items associated with the home
occupation is prohibited;
2) distribution of materials or sales of any kind outside of the home and structures accessory to the •
home is prohibited; and
3) parking of a commercial vehicle used as part of the home occupation, including a truck or fifth
wheel, tractor or trailer of any kind is prohibited.
Possible Alternatives:
1) Add an exemption for educational instructors from HOP rules.
2) Amend the code to allow increased or unlimited number of clients.
3) Amend the code to exempt pupils from the customer limit.
4) Maintain standards for Type I HOP's but remove the permit requirement.
5) Make Type II HOP permits subject to public hearing process
6) Create a third tier of HOP's
7) Remove the Impact Study requirement for Type II HOPs.
8) Add an expiration timeframe
Procedural Obstacles:
The arrangement with Washington County with regard to the Urban Services Area creates an
issue every time the city amends its development code. The county must adopt these changes
independently as part of the amendments to the Intergovernmental Agreement. Additionally,
• •
Ballot Measure 56 requires individual notification to all properties that are affected by a code
change, provided the change results in a further limitation of property uses or development.
Within the City of Tigard there are approximately 13,000 residential parcels. The cost for mailing
the notice (excluding costs for preparing and printing) only within the City would be
approximately $5,000-$6,000. In the Urb, there are approximately 3,000 parcels with an added
mailing cost of roughly $1,300.
Other Considerations:
When the issue regarding the piano teacher was first raised, there was consideration given to
forming a Task Force to examine the matter. A question for the commission to consider is
whether such a community involvement step is necessary or whether the commission would
solicit input at work sessions and public hearings.
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DRAFT•
ZOA2003-00001 •
HOME OCCUPATION AMENDMENT
PROPOSED 'DEVELOPMENT CODE TEXT CHANGES
•
ADDITIONS: Indicated by UNDERLINE&6HA ID G
DELETIONS: Indicated by STRIKETHRU
Home Occupations 18.742-1 11/26/98
Chapter 18.742
HOME OCCUPATIONS
Sections:
18.742.010 Purpose
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18.742.020 Applicability and Exemptions
•
•
18.742.030 Nonconforming Uses
18.742.040 General Approval Criteria and Standards
• 18.742.050 Type I and Type II Home Occupations Defined •
18.742.060 Permit Procedures for Type I and Type II Home Occupations
18.742.070 Revocation and Expiration of Home Occupation Permits
18.742.080 Business Tax Certificate Required
•
18.742.010 Purpose
A. Purposes. It is the purpose of this chapter to:
1. Permit residents an opportunity to use their homes to engage in small-scale business ventures
which could not be sustained if it were necessary to lease commercial quarters, or because the
nature of the activity would make it impractical to expand to a full-scale enterprise; and
2. Establish approval criteria and standards to ensure that home occupations are conducted as
lawful uses which are subordinate to the residential use of the property and are conducted in a
manner that is not detrimental or disruptive in terms of appearance or operation to neighboring
properties and residents. _ _ _
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3_ Encouraa. elecommut n to r iiiiigtraffic�.congesti riW tat vehicle m les t o e ; a d
a N olliit on and to incraase rfe sLfifihe ne ghbochoods by ma nta ning a p eaence
du ng the workday:
18.742.020 Applicability and Exemptions
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.
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• • - A.b. .e.
FT
B. Exemptions. Exemptions from the provisions of this chapter are:
1. Garage sales;
2. For-profit production of produce or other food products grown on the premises. This may include
temporary or seasonal sale of produce or other food products grown on the premises. Farming
activities shall be consistent with the definition of agriculture/horticulture contained in Chapter
18.130, Use Classifications;
3. Hobbies which do not result in payment to those engaged in such activity;
4. Proven nonconforming home occupations as per Section 18.742.030. m _
5 Persons-wo"rkiny'#rom'a ome"by.fhe use of an.electronic'linkup"with a"cent-al off-site
office (i e=telecommuters):
18.742.030 Nonconforming Uses
A. Nonconforming home occupations. On-going home occupations may be granted nonconforming
status provided that they were:
1. Permitted under County authority prior to annexation to the City and have been in continuous
operation since initial approval;
2. Permitted under City authority prior to 1983 and have since been in continuous operation.
B. Governing regulations. Nonconforming home occupations will be regulated as a nonconforming
situation, per the following:
1. A nonconforming situation is further governed by Chapter 18.760, Nonconforming Situations.
Such use may continue until the use is expanded or altered so as to increase the level of non-
compliance with this title;
2. The burden of proving a home occupation's nonconforming status rests with the property owner
or tenant.
C. Violations. Home occupations without City or County approval which cannot prove nonconforming
status shall be considered in violation of this chapter and shall cease until the appropriate approvals -
have been granted.
18.742.040 General Approval Criteria and Standards
A. General criteria. All home occupations except those that have proven nonconforming status shall
observe the following criteria in addition to the standards established for Type I and Type II Uses
described in Section 18.745.050 of this chapter.
1. Home occupations may be undertaken only by the principal occupant(s) of a residential property;
2. There shall be no more than three deliveries per week to the residence by suppliers;
3. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or
beyond the property line resulting from the operation. Home occupations shall observe the
provisions of Chapter 18.725, Environmental Performance Standards;
4. The home occupation shall be operated entirely within the dwelling unit and a conforming
accessory structure. The total area which may be used in the accessory building for either
material product storage and/or the business activity shall not exceed 528 square feet.
Otherwise, the home occupation and associated storage of materials and products shall not
occupy more than 25% of the combined residence and accessory structure gross floor area, but
in no case shall the portion of the home occupation occupying the accessory use exceed 528
feet. The indoor storage of materials or products shall not exceed the limitations imposed by the
provisions of the building, fire, health and housing codes;
" • •
1. 4114!t.. _.‘T
5. A home occupation shall not make necessary a change in the Uniform Building Code use
classification of a dwelling unit. Any accessory building that is used must meet Uniform Building
Code requirements;
6. More than one business activity constituting two or more home occupations shall be allowed on
one property only if the combined floor space of the business activities does not exceed the
limitation of space imposed in Section 4 above. Each home occupation shall apply for a separate
home occupation permit, if required as per this chapter, and each shall also have separate
Business Tax Certificates;
' 7. There shall be no storage and/or distribution of toxic or flammable materials, and spray painting
or spray finishing operations that involve toxic or flammable materials which in the judgment of
the Fire Marshal pose a dangerous risk to the residence, its occupants, and/or surrounding
properties. Those individuals which are engaged in home occupations shall make available to
the Fire Marshal for review the Material Safety Data Sheets which pertain to all potentially toxic
and/or flammable materials associated with the use.
8. No home occupation shall require any on or off-street parking other than that normally required
for a residence;
9. The following uses are not allowed as home occupations:
a. Auto-body repair and painting;
b. On-going mechanical repair conducted outside of an entirely-enclosed building;
c. Junk and salvage operations;
d. Storage and/or sale of fireworks.
10.There shall be no exterior storage of vehicles of any kind used for the business except that one
commercially licensed vehicle of not more than three-quarters ton gross vehicle weight (GVW)
may be parked outside of a structure or screened area.
18.742.050 Type ! and Type II Home Occupations Defined
A. Type I and II home occupations defined. Home occupations shall be administered as either Type I
or Type II uses. A separate home occupation permit and/or fee is required for each property on
which a Type II home occupation is undertaken. In addition to the general criteria outlined in Section
18.742.040, home occupations shall observe the following additional standards:
1. Type I Home Occupations: The following characteristics of a Type I home occupation shall be
prohibited:
a. Outside volunteers or employees to be engaged in the business activity other than the
persons principally residing on the premises;
b. Exterior signs which identifies the property,as a business location;
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c. No:anore than fiveKweekly-(Monda`/tciSunday)clients or customers.
R;Customers°arid.clierits'shall notwis'it tfie.bu'smess-between°the hour"s.of
8:00°PM and'8:00;AM J
d. Exterior storage of materials.
2. Type II Home Occupations: Property on which a Type II home occupation is located may show
evidence that a business is being conducted from the premises. Therefore the following is
allowed for Type II home occupations:
a. One non-illuminated sign, not exceeding 1.5 square feet, which shall be attached to the
residence or accessory structure or placed in a window;
b. No more than one outside volunteer or employee who is not a principal resident of the
premises;
• ' • , '_
c. No more than six daily customers or clients. Customers and clients may not visit the business
between the hours of 10:00 PM and 8:00 AM and shall not generate excessive traffic or
monopolize on-street parking;
d. Storage of materials, goods, and equipment which is screened entirely from view by a solid
fence. Storage shall not exceed five percent of the total lot area and shall not occur within the
front yard or the required side yard setback.
18.742.060 Permit Procedures for Type I and Type II Home Occupations
A. Type I home occupation permit. A Type I home occupation permit will be processed by means of a
Type I procedure, as governed by Section 18.390.030, after a demonstration that the proposal
complies with all development criteria in Sections 18.742.040A and 18.742.050 Al.
B. Type II home occupation permit. A Type II home occupation permit will be processed by means of a
Type II procedure, as governed by Section 18.390.040, after a demonstration that the proposal
complies with all development criteria in Sections 18.742.040A and 18.742.050 A2. and subject to
the following approval criteria:
1. Is in conformance with the standards contained in this chapter; and
2. Will be subordinate to the residential use of the property; and
3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or
operation to neighboring properties and residents.
C. Conditions of approval. The Director may impose conditions upon the approval of a Type II home
occupation permit to ensure compliance with the requirements of this chapter. These conditions
may include, but are not limited to, the following: •
1. Further limiting the hours, days, place and manner of operation;
2. Requiring site and building design features which minimize environmental impacts such as
noise, vibration, air pollution, glare, odor and dust;
3. Requiring additional building setbacks, and increased lot area, depth or width;
4. Further limiting the building area and outdoor storage used by the home occupation and
restricting the location of the use on the site in relationship to adjoining uses;
5. Designating the size, number, location and design of vehicle access points;
6. Requiring street right-of-way to be free at all times of vehicles associated with the home
occupation;
7. Requiring landscaping, buffering and/or screening, of the home occupation from adjoining uses
and establishing standards for the continued maintenance of these improvements;
8. Requiring storm drainage improvements, and surfacing of parking and loading areas;
9. Limiting the extent and type of interior or exterior building remodeling necessary to
accommodate the home occupation;
10.Limiting or setting standards for the location and intensity of outdoor lighting;
11.Requiring and designating the size, height and location of fences and materials used for their
construction;
12.Requiring the protection and preservation of existing trees, and other vegetation, watercourses,
slopes, wildlife habitat areas and drainage areas;
13.Limiting the type and number of vehicles or equipment to be parked or stored on the site; and
14.Any other limitations which the Director considers to be necessary or desirable to make the use
comply with the purposes stated in Sections .18.745.040 and 18.742.050.
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7
18.742.070 Revocation and Expiration of Home Occupation Permits
A. Grounds for revocation. The Director may:
1. Revoke a home occupation approval if the conditions of approval have not been or are not being
complied with and the home occupation is otherwise being conducted in a manner contrary to
this chapter.
2. The Director shall approve the use as it exists, revoke the home occupation permit, or compel
measures to be taken to ensure compatibility with the neighborhood and conformance with this
chapter after reviewing a complaint. Complaints may be originated by the City of Tigard or the
public. Complaints from the public shall clearly state the objection to the home occupation, such
as:
a. Generation of excessive traffic;
b. Exclusive use of on-street parking spaces;
c. Other offensive activities not compatible with a residential neighborhood.
B. Cessation of home occupation pending review. If it is determined by the Director in exercise of
reasonable discretion, that the home occupation in question will affect public health and safety, the
use may be ordered to cease pending Hearings Officer review and/or exhaustion of all appeals.
C. Waiting period for re-application. When a home occupation permit has been revoked due to violation
of these standards, a minimum period of one year shall elapse before another application for a
home occupation on the subject parcel will be considered.
D. Invalidation of permit. A home occupation permit shall become invalid if the applicant moves his or
her residence.
18.742.080 Business Tax Certificate Required
A. Granting of business tax certificate. No business tax certificate will be issued for a home occupation
until:
1. The person wishing to engage in a Type I home occupation pays the one-time review fee and
agrees to comply with the provisions of this chapter; or
2. The applicant for a Type II home occupation has been approved and the application certifies that
the home occupation will be operated in strict compliance with the provisions of this chapter and
the conditions of approval.
Miscellaneous Permits 18.385-3 11/26/98
18.385.020 Home Occupation Permits
A. Type I home occupation permit. A Type I home occupation permit will be processed by means of a
Type I procedure, as governed by Section 18.390.030, after a demonstration that the proposal
complies with all development criteria in Sections 18.742.040A and 18.742.050 Al.
B. Type II home occupation permit. A Type II home occupation permit will be processed by means of a
Type II procedure, as governed by Section 18.390.040, after a demonstration that the proposal
complies with all development criteria in Sections 18.742.040A and 18.742.050 A2. and subject to
the following approval criteria:
1. Is in conformance with the standards contained in this chapter; and
2. Will be subordinate to the residential use of the property; and
3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or
operation to neighboring properties and residents.
• •
C. Conditions of approval. The Director may impose conditions upon the approval of a Type II home
occupation permit to ensure compliance with the requirements of this chapter. These conditions
may include, but are not limited to, the following:
1. Further limiting the hours, days, place and manner of operation;
2. Requiring site and building design features which minimize environmental impacts such as
noise, vibration, air pollution, glare, odor and dust;
3. Requiring additional building setbacks, and increased lot area, depth or width;
4. Further limiting the building area and outdoor storage used by the home occupation and
restricting the location of the use on the site in relationship to adjoining uses;
5. Designating the size, number, location and design of vehicle access points;
6. Requiring street right-of-way to be free at all times of vehicles associated with the home
occupation;
7. Requiring landscaping, buffering and/or screening, of the home occupation from adjoining uses
and establishing standards for the continued maintenance of these improvements;
8. Requiring storm drainage improvements, and surfacing of parking and loading areas;
9. Limiting the extent and type of interior or exterior building remodeling necessary to
accommodate the home occupation;
10.Limiting or setting standards for the location and intensity of outdoor lighting;
11.Requiring and designating the size, height and location of fences and materials used for their
construction;
12.Requiring the protection and preservation of existing trees, and other vegetation, watercourses,
slopes, wildlife habitat areas and drainage areas;
13.Limiting the type and number of vehicles or equipment to be parked or stored on the site; and
14.Any other limitations which the Director considers to be necessary or desirable to make the use
comply with the purposes stated in Sections 18.745.040 and 18.742.050.
D. Grounds for revocation. The Director may:
1. Revoke a home occupation approval if the conditions of approval have not been or are not being
complied with and the home occupation is otherwise being conducted in a manner contrary to
this chapter.
2. The Director shall approve the use as it exists, revoke the home occupation permit, or compel
measures to be taken to ensure compatibility with the neighborhood and conformance with this
chapter after reviewing a complaint. Complaints may be originated by the City of Tigard or the
public. Complaints from the public shall clearly state the objection to the home occupation, such
as:
a. Generation of excessive traffic;
b. Exclusive use of on-street parking spaces;
c. Other offensive activities hot compatible with a residential neighborhood.
E. Cessation of home occupation pending review If it is determined by the Director in exercise of
reasonable discretion, that the home occupation in question will affect public health and safety, the
•
use may be ordered to cease pending Hearings Officer review and/or exhaustion of all appeals.
F. Waiting period for re-application. When a home occupation permit has been revoked due to violation
of these standards, a minimum period of one year shall elapse before another application for a
home occupation on the subject parcel will be considered.
G. Invalidation of permit. A home occupation permit shall become invalid if the applicant moves his or
her residence.
•
• •
NOTE TO THE FILE
DATE: May 2003
FROM: Patty Lunsford, Planning Assistant
RE: Abandonment of ZOA2003-00001
FILE REF.: ZOA2003-00001/Home Occupations Code Amendment
HISTORY:
The Planning Commission held a worksession to discuss proposed exemptions for telecommuters,
and tried to find a way to allow the little old piano teacher, while excluding other big bad dance and
band teachers. Staff was at an impasse based on equal protection issues of the 14th Amendment to
the US Constitution and not to mention that telecommuters are not currently required to get an
HOP.
There was an equal split over loosening the Type I standards to allow a single outside employee or
tightening the Type II to basically function like a Type I. The Planning Commission and staff left
with their hands in the air. The recommendation by the Planning Manager is that this amendment
be abandoned.
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• •
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Community Dadopment
TIGARD PLANNING COMMISSION Shaping BetterCarnaozity
APRIL 21, 2003 7:00 p.m.
TIGARD CIVIC CENTER — TOWN HALL
13125 SW HALL BOULEVARD
TIGARD, OREGON 97223 -
1. CALL TO ORDER
2. ROLL CALL
3. COMMUNICATIONS
4. APPROVE MINUTES
5. PUBLIC HEARINGS
5.1 ZONE ORDINANCE AMENDMENT (ZOA) 2003-00001 HOME OCCUPATIONS CODE
AMENDMENT
REQUEST: To amend the H ome Occupation requirements within the Tigard Development Code to
allow no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under the
Type I Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt
telecommuters from the Home Occupation Permit requirements. LOCATION: Citywide. ZONE:
N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan
Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.742.
5.2 AMENDMENTS TO THE FY 2002-03 CIP BUDGET
Bonita Road Reconstruction Project
Bonita Road is a collector street that carries over 12,000 vehicles per day. A visual inspection,
confirmed by geotechnical investigation of the street structural section, indicates that the segment
between Hall Boulevard and Fanno Creek Bridge needs to be reconstructed as soon as possible.
This request to Planning Commission is to add the Bonita Road Project and delete a project in the FY
2002-03 CIP to reconstruct North Dakota Street (Greenburg Road to 95th Avenue). Bonita Road
carries significantly more traffic than North Dakota Street (a neighborhood route) and the need for
reconstruction is more pressing. There would be no change in the overall FY 2002-03 CIP Budget
amount. The North Dakota Street project would be rescheduled for implementation in a future fiscal
year.
(OVER)
S
Separation of the Hall Boulevard/Wall Street Intersection and Approaches Project from the
Proposed Wall Street LID (Local Improvement District)
Wall Street is a new collector street identified in the Tigard Transportation System Plan. It was
added in 2002 to the Countywide Traffic Impact Fee Base Report as a TIF-eligible facility. The
design of Wall Street from its intersection with Hall Boulevard to its intersection with Hunziker Street
is funded in the FY 2002-03 CIP under the Wall Street LID Fund. An amount of$300,000 in TIF
funding is available under that fund for engineering design costs.
This amendment would separate the Hall Boulevard/Wall Street intersection and approaches from
the proposed LID so that it could be designed and constructed as a City project. The new Library
Project and the Fanno Pointe Project (immediately south of the new Library site) are two
developments currently underway. It would be desirable for both developments to have one
common access point to Hall Boulevard along the selected Wall Street alignment. The intersection
project would widen Hall Boulevard along the Library and Fanno Pointe frontages and construct a
segment of Wall Street long enough to provide a common access point to Hall for the two
development projects. The extension of Wall Street from that segment to connect to Hunziker Street
would remain under the proposed Wall Street LID project. That segment would be constructed only
if the LID is successfully formed and permits are obtained to cross the wetlands, Fanno Creek, and
the existing railroad tracks.
There would be no change in the overall FY 2002-03 CIP Budget amount. A new project would be
created to cover the Hall Boulevard/Wall Street intersection and approaches. The $300,000.
available in TIF funds for engineering design costs under the Wall Street LID Fund would be
reallocated as follows:
Hall Boulevard/Wall Street Intersection and Approaches- $200,000 (TIF Fund)
Wall Street LID - $100,000 (TIF Fund)
The TIF amount allocated for the intersection project would be sufficient to complete the design
work in FY 2002-03. Construction funding for the intersection and approaches would be requested
under the FY 2003-04 CIP.
6. FANNO CREEK PARK EXPANSION MASTER PLAN
The City hired Murase Associates, Landscape Planners, to develop a park master plan for the 9.7
acre expansion project adjacent to the new library site. The plan will focus on the site's sensitivities,
natural areas, wetlands, open spaces, trails, and educational and recreational programmatic uses.
7. OTHER BUSINESS
8. ADJOURNMENT
• •
Agenda Item: • I
Hearing Date: April 22,2002 Time: 7:30 PM
STAFF REPORT TO THE. •
PLANNING:COMMISSION ,.;
CIIY OF TIOARD.'..
,.. ,:.., _ .. ..... ._. °COtt1)tUtt2tyDCUC�7fttCttt
FOR THE CITY:OF TIGARD OREGON
*ping A Better Community;
SECTION I. APPLICATION SUMMARY
CASE NAME: HOME OCCUPATION CHANGES TO ALLOW LIMITED CUSTOMERS
AND ACKNOWLEDGE TELECOMMUTING
CASE NO.: Zone Ordinance Amendment (ZOA) ZOA2003-00001
_ PROPOSAL: To amend the Planned Development requirements within the Tigard
Development Code to allow a limited number of customers under the
Type I Home Occupation Rules and add language to acknowledge the
benefits of telecommuting.
APPLICANT: City of Tigard OWNER: N/A
13125 SW Hall boulevard
Tigard, OR 97223
•
ZONE: N/A.
LOCATION: Citywide.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.765;
Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, and 2.1.3; The Metro
2040 Plan; and Statewide Planning Goals 1, 2, 5, and 10.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Planning Commission discuss the proposed amendments and
make revisions as determined through :.the . public hearing process,' then- make .a 'final
recommendation to the Tigard City Council.
ZOA2003-00001 PAGE 1 OF 8
4/21/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION
•
SECTION III. BACKGROUND INFORMATION
The City Council directed staff to examine the present Home Occupation rules to determine
whether changes to. the ordinance were in order. The request was the result of.Sherrene
Walker, a piano teacher who wished to give lessons from her home. Ms. Walker proposed
having up to 15 students a day, beginning before school hours, with an occasional small
gathering recital. Under present requirements, a Type II Home Occupation Permit would be
required, but only allows up to six (6) clients per day, between the hours of 8:00 AM and
10:00 PM.
A number of home-based business applicants have expressed that the current HOP rules
are too limiting, and that they would prefer more flexibility based on the site characteristics,
and the particular business operation. Conversely, the City has also fielded complaints from
neighbors of existing home based businesses, and concerns from neighbors of proposed
Type II home businesses with regard to impacts on privacy, noise, parking and storage
problems.
Most recently, a proposed hair salon received much publicity, due in large part to the
concerns of the nearby neighbors. Staff found that the salon met the standards for a Type II
home occupation permit, but the decision was appealed to the Hearings Officer by the
neighbors in opposition. The Hearings Officer agreed that the standards for a Type II HOP
had been met with the imposition of several conditions of approval.
Staff met with the Planning Commission during two separate worksessions (November 18,
2002, and February 3, 2003) to discuss various options to amend the home occupation
rules. The Commission realized the difficulty in developing standards aimed at curbing
"problem" type businesses. In developing these restrictions, other more residentially
compatible type businesses would be hampered. Conversely, by creating additional
allowances, more opportunities existed for problem businesses to exploit loopholes. The
commission's consensus from those meetings was that relaxing the rules for a Type II Home
Occupation would overall have detrimental impacts to the surrounding neighbors.
The discussion then extended to Type I Home Occupations. The Commission noted that
there were a number of businesses with infrequent customer contacts and virtually no
external indications of a business activity, that shouldn't have to go through the lengthy and
costly process required for Type II Home Occupation approval. These include businesses
that are primarily paperwork related such as accountants, attorneys, and architects. Instead,
the commission felt some minor revisions to allow a limited number of customers for Type l's
should be considered to simplify the approval process for these generally non-impacting
businesses.
At the same time, the issue of telecommuters was raised. Are these people required to have
a home occupation permit? The code was not clear, although it has been the practice not to
require a home occupation permit if someone is employed by a separate office, as they are
doing business through an off site establishment, and not "from" their homes. Nevertheless,
the Commission felt that the definition of a telecommuter should be clarified and an explicit
exemption provided for telecommuters placed in the code. Additionally, the benefits of
telecommuting on the community should be reflected in the purpose statement of the code.
ZOA2003-00001 PAGE 2 OF 8
4/21/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION
• •
This report reflects those discussions, and proposes suggested code language.
SECTION IV. SUMMARY OF APPLICABLE CRITERIA
'Chapter 18.380 states that legislative text amendments shall be undertaken by means
of a Type IV procedure, as governed by Section 18.390.060G.
Chapter 18.390.060G states that the recommendation by the Commission and the
decision by the Council shall be based on consideration of the following factors:
The Statewide Planning Goals and Guidelines adopted under Oregon Revised
• Statutes Chapter 197;
Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required.
In addition, the Tigard Development Code and Comprehensive Plan have been
acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are
applicable to this proposal:
Statewide Planning Goal 1 — Citizen Involvement:
This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans
and for changes to the Comprehensive Plan and implementing documents. This goal has
been met by complying with the Tigard Development Code notice requirements set forth in
Chapter 18.390. Notice has been published in the Tigard Times Newspaper prior to the
public hearing. As the proposed changes represent a lesser restriction to allowable uses
than what presently exists, no Ballot Measure 56 specific notice was required. Two Public
Hearings are held (one before the Planning Commission and the second before the City
Council) in which public input is welcome. The City CIT members were also notified of the
proposed changes.
Statewide Planning Goal 2 — Land Use Planning:
This goal outlines the land use planning process and policy framework. The Comprehensive
Plan was acknowledged by DLCD as being consistent with the statewide planning goals.
The Development Code implements the Comprehensive Plan. The Development Code
establishes a process for and policies to review changes to the Development Code
consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate
a request for amending the Code consistent with Goal 2.
Any applicable Metro regulations;
Title 1: (Metro code 3.07.110-3.07.170)
Requirements for Housing and Employment Accommodation
The Home Occupation provisions are not a consideration for Metro's calculation of
employment density. Alteration of the rules governing home occupations will therefore not
affect compliance with Metro's Code and Functional Plan.
ZOA2003-00001 PAGE 3 OF 8
4/21/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION
• •
•
• Applicable Comprehensive Plan Policies:
Comprehensive Plan Policy 1.1.1:
This policy states that all future legislative changes shall be consistent with the Statewide
Planning Goals and the Regional Plan adopted by Metro. As indicated above under the
individual Statewide and Regional Plan goals applicable to this proposed amendment, the
amendment is consistent with the Statewide Goals and the Regional Plan.
Comprehensive Plan Policy 2.1.1:
This policy states that the City shall maintain an ongoing citizen involvement program and
shall assure that citizens will be provided an opportunity to be involved in all phases of the •
planning process. This policy is satisfied because notice of the proposed amendment was
mailed to all Citizen Involvement Team (CIT) Members and the amendment was announced
at a regular monthly Focus on Tigard (formerly CIT) meeting. Notice was published in the
Tigard Times of the Public Hearing and notice will be published again prior to the City
Council public hearing. Public input has been invited in the notice.
Comprehensive Plan Policy 2.1.2 and 2.1.3:
In pertinent part, this policy states that the Citizen Involvement Team program and the
Citizen Involvement Team Facilitators shall serve as the primary means for citizen
involvement in land use planning. Policy 2.1.3 states that information on land use planning
issues shall be available in understandable form. These policies were satisfied because
notice of the proposed amendment was mailed to all Citizen Involvement Team (CIT)
Members and the amendment was announced at a regular monthly CIT meeting. The
written notices were written in plain understandable form, and included phone numbers and
a contact person for anyone who may have questions.
• Any applicable provision of the City's implementing ordinances.
Code Section 18.742:
This chapter establishes procedures and criteria for establishing a Home Occupation
business within a residence. The purpose of this chapter is to permit residents an
opportunity to use their homes to engage in small scale business ventures which could not
be sustained if they had to lease commercial space. This chapter also serves to establish
standards to ensure that home occupations are conducted lawfully and subordinate to the
residential use of the property and are conducted in a manner that is not detrimental or
disruptive to neighboring properties or residents.
The proposed amendment will not affect the ability for residents to utilize their homes to
engage in small scale ventures. Staff, however, has concerns that the proposed allowance
for clients visiting the residence under the Type I Home Occupation permit may be disruptive
to neighboring properties or residents. This is discussed further under the Staff Analysis
section, below.
ZOA2003-00001 PAGE 4 OF 8
4/21/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION
•
• •
•
Code Section 18.380:
This section regulates amendments. It outlines the process for reviewing Development Code
Text Amendments. The present amendment will be reviewed under the Type IV legislative
procedure as set forth in the chapter.
Code Section 18.390:
This chapter establishes standard decision-making procedures for reviewing applications.
The amendment under consideration will be reviewed under the Type IV legislative
procedure as detailed in the chapter.
SECTION V. STAFF ANALYSIS
The proposed amendments do add greater flexibility for the small business operator who has
very few client contacts. The intention of this allowance is to enable a bookkeeper,
accountant, or other predominantly paperwork orientated business to have an occasional
client over to sign papers, or for brief consultations. Presently, even this occasional visit
would require the proprietor receive approval of a full-blown Type II Home Occupation
permit, complete with a 5-6 week review, public notification, and $215 fee. With these
revisions, a simple Type I permit process, issued over the counter for a $30 fee is all that
would be required.
Secondly, the proposal offers an exemption to those people who work for a business, but do
so from their homes. The code is presently silent on whether or not these people, commonly
referred to as telecommuters, require a home occupation permit. While it has not been the
practice to require telecommuters to obtain a Home Occupation permit, since it is not explicit
in the code, there remains the potential that the practice may change over time. In general,
if someone files their taxes using the home address, then they are required to have a Home
Occupation Permit, otherwise, if the business address for tax purposes is elsewhere, then its
assumed they are telecommuting. Staff agrees that telecommuting is generally a positive
contribution to the city as it reduces the demand on our city streets, saves fuel and reduces
pollution, and provides a more constant presence in our neighborhoods to monitor and
report illegal activity.
The difficulty with these proposed changes is constructing definitions that are broad enough
to cover the various types of businesses that have infrequent needs for customer visits as
well as telecommuters, but narrow enough that the provisions won't be exploited. Also,
there are concerns related to the feasibility of enforcing some of the proposed revisions, as
they pertain to number of visits permitted per a week long period. This would require that if a
complaint were filed, the enforcement staff would have to maintain a record of the number of
visits during a whole week to see if more than five business related clients showed up at the
house. How does one distinguish a business related visit from a personal visit? Under the
present guidelines, the enforcement staff need only confirm one visitor as a business
customer to realize that a violation of the rules has occurred. By introducing an allowance for
a limited number of clients to the residence, the tendency for the business to continue
growing beyond the limitation will not be in check. Since Type I permits are issued without
notice or opportunity for an appeal, the neighbors will not be aware of the fact that a
ZOA2003-00001 PAGE 5 OF 8
4/21/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION
•
• •
business is being conducted, but will notice an increase in traffic and activity at the house. If
they are not aware that there are rules limiting the extent of the business visits, they might
not be inclined or know to file their complaints with the City.
As for the proposed exemption for telecommuters, while staff agrees that the concept behind
telecommuting should be supported for its community benefits and low neighborhood
impact, the difficulty in explicitly defining the term is troublesome. The proposed language is
derived from The Merriam Webster Dictionary: to work at home by the use of an electronic
linkup with a central office. The American Heritage® Dictionary of the English Language,
Fourth Edition defines Telecommuting as: To work at home using a computer connected to
the network of one's employer. However, each of these definitions is so broad, it can be
construed to include real estate and insurance agents, Avon and Herbalife salespeople, or
numerous independent contractors who run their office from their home, but are tied into
their project company's computer system. The danger with the exemption is that the various
standards that apply to other Type I home occupations, such as size limitations, prohibitions
on client visits or outside employees, parking limitations, and other nuisance standards in
this chapter would not apply. -
One possible alternative would be to further clarify a telecommuter as a regular employee of
a parent company, who is covered under the terms of the parent company's business
license or tax. To prevent potential impacts to residential neighbors, rather than exempt
telecommuters, they would be subject to the Type I Home Occupation Standards, but
exempt from the fee. One alternative that had previously been raised was removing the
Type I permit form procedure, as the same information is collected on the City's business tax
form, which is also required of all home occupations. This would save the applicants and
staff time in processing a redundant form. The business tax form would need to be modified
to include a section pertaining to operating a home based business. The applicant would
initial a box that listed the basic standards for a Type I Home Occupation, signifying that they
acknowledge and agree to abide by the standards. The fee for the Type I Home Occupation
would be repealed, but would be integrated into the Business Tax fee, in the form of a code
compliance surcharge. This would be to cover the cost of code enforcement that is required
on all business activities, from sign code enforcement to identifying and citing improper
home based businesses.
Other considerations in this proposed amendment include ORS 197.047 (i.e. Ballot Measure
56 notification) which requires that for any land use related legislative action that limits the
allowable uses of property, individual notice to all affected property owners is required. As
the amendments as proposed in this report represent a "loosening" of the standards and
restrictions, no individual notice has been mailed. If the Commission determines that greater
restrictions should be imposed, then re-notification may be necessary.
Also, areas outside the City limits in the county's Urban Services Area that are under the
City's planning jurisdiction, are subject to the City's Development Code, but only as the code
was adopted formally by the county board of supervisors. Any change that is subsequently
implemented by the City must then be ratified by the County Supervisors before the rules are
effective in the "Urb". In the.interests of fairness and to facilitate administration of the code,
the City should consider structuring its ordinance to become effective simultaneous with the
County's adoption and effective date of these changes.
ZOA2003-00001 PAGE 6 OF 8
4/21/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION
•
• •
Lastly, it should be noted that the County adopted additional home occupation standards to
address the concerns of the Bull Mountain residents when the intergovernmental agreement
was signed. These additional standards include prohibitions on the outside storage of
inventory, equipment, or vehicles associated with the home occupation; prohibiting the
distribution of materials or sales of any kind from the home; and prohibiting the parking of a
commercial vehicle (including a truck, trailer, or fifth wheel) used for the home occupation.
SECTION VI. OTHER ALTERNATIVES
No Action - The present home occupation standards would remain in effect.
Limited Action — Provide a fee waiver exemption for telecommuters, as defined in the
proposed amendments or as further refined, and acknowledge the benefits of telecommuting
in the purpose section of the chapter.
Alternate Action — Make Type I Home Occupations an exempt procedure similar to issuance
of a business tax, subject to present performance standards. Type I Home Occupations
would be tracked by the Finance Department along with regular businesses. An annual
code compliance fee would be imposed on all business taxes to off-set the costs of enforcing
illegal signs, and improperly operated home businesses.- This would eliminate one additional
application form and procedural step in issuance of Type I Home Occupation Permits.
Expanded Action — Make other revisions to the Home Occupation standards as identified
through the public hearing process.
SECTION VII. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS
The City of Tigard Code Compliance Officer responded with -several comments. She
notes that the time allowance provided for Type I HOP clients differs from Type II client visits
(8am to 8pm versus 8am to 10pm). With regard to the proposed exemption for
"telecommuters" she notes that Herbalife and Avon salespeople, insurance agents, and
pyramid schemes could argue, for example, that "the corporate office is in Texas, and I send
and receive e-mail from there..."
The code compliance officer has had first-hand experience in enforcing the existing home
occupation standards and notes that there are other sections of the chapter that could be
clarified to facilitate successful enforcement of improperly operated home businesses, such
as:
Section 18.742.040(A)(2) — add the following language "there shall be no more than 3
deliveries or pickups by suppliers or parcel services"
Section 18.742.050(A)(1) — . add language addressing sub-contractors, such as "The
following characteristics of a Type I home occupation shall be prohibited: a. outside
volunteers, employees, subcontractors or any other work related personnel that are
engaged in the business activity other than the persons principally residing on the premises."
Similar language should appear for Type II permits under 18.742.050(A)(2) — "No more than
one outside volunteer, employee, subcontractors or any other work related personnel
ZOA2003-00001 PAGE 7 OF 8
4/21/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION
• •
who is not a principal resident of the premises."
Section 18.742.070(A)(2) — clarify the terms "excessive traffic" and "exclusive use of on-
street parking" in subsections (a) and (b). Also, add a provision to revoke a Home
Occupation Permit, such as "d. the applicant has provided false information on the
application, or has subsequently intensified the nature of the business beyond the
original approval."
The City of Tigard Long Range Planning Division has had an opportunity to review this
proposal and made several comments. Primarily, the concerns focused on the lack of
clearly defined terms, such as "central off-site office" and "telecommuting". With a lack of
clear definition, especially as it relates to exempting "telecommuters" there exists the
potential for abuse of the purpose of the code. For example, a telemarketer may make the
argument that they are merely telecommuting, and do not need a home occupation permit.
Moreover, since they are exempt, the size limitations, performance standards and prohibition
against outside employees would not be applicable. With this consideration, it is very
important that the definition be precisely constructed to achieve the intent of the commission.
The City of Tigard Police Department has had an opportunity to review this proposal and
has no objections.
•
The City of Durham has had an opportunity to review this proposal and has no objections.
The City of Beaverton has had an opportunity to review this proposal and has no
objections.
The City of King City, the City of Lake Oswego, the City of Portland, the City of
Tualatin, Metro, and Washington County were notified of the proposed amendment and
did not respond.
ATTACHMENT:
Exhibit A — Proposed Development Code Text Changes
April 14, 2003
PREPAR D BY:MORGAN RACY DATE
Associate Planner
4110P_
. / April 14, 2003
APPROVED BY:DICK BEWERS P •RFF DATE
Planning Mana•er
ZOA2003-00001 PAGE 8 OF 8
4/21/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION
• •
Exhibit A - 1
ZOA 2003-00004
HOME OCCUPATION AMENDMENT
PROPOSED DEVELOPMENT CODE TEXT CHANGES
ADDITIONS: Indicated by UNDERLINE&SHADING
DELETIONS: Indicated by STRIKETHRU
Home Occupations 18.742-1 11/26/98
Chapter 18.742
HOME OCCUPATIONS
Sections:
18.742.010 Purpose
18.742.020 Applicability and Exemptions
18.742.030 Nonconforming Uses
18.742.040 General Approval Criteria and Standards
18.742.050 Type I and Type II Home Occupations Defined
18.742.060 Permit Procedures for Type I and Type II Home Occupations
18.742.070 Revocation and Expiration of Home Occupation Permits
18.742.080 Business Tax Certificate Required
18.742.010 Purpose
A. Purposes. It is the purpose of this chapter to:
1. Permit residents an opportunity to use their homes to engage in small-scale
business ventures which could not be sustained if it were necessary to
lease commercial quarters, or because the nature of the activity would
make it impractical to expand to a full-scale enterprise; and
2. Establish approval criteria and standards to ensure that home occupations
are conducted as lawful uses which are subordinate to the residential use of
the property and are conducted in a manner that is not detrimental or
disruptive in terms of appearance or operation to neighboring properties
and residents.
3: Encourage`telecommuting to"reduceitraffic congestion, total vehicle
miles.traveled,:and'airp`oll`ution, and-to increase safety'in°the
neighborhoods by maintaining a presence during,the°work-day
18.742.020 Applicability and Exemptions
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.
B. Exemptions. Exemptions from the provisions of this chapter are:
1. Garage sales; S
2. For-profit production of produce or other food products grown on the
premises. This may include temporary or seasonal sale of produce or other
• •
food products grown on the premises. Farming activities shall be consistent
with the definition of agriculture/horticulture contained in Chapter 18.130,
Use Classifications;
3. Hobbies which do not result in payment to those engaged in such activity;
4. Proven nonconforming home occupations as per Section 18.742.030.
5::cxP.ersonsIworking from:home_bytheTuse.of an'electronic linkup with"a
centraloff-site-of ice (i e. telecommuters)J-
18.742.030 Nonconforming Uses
A. Nonconforming home occupations. On-going home occupations may be
granted nonconforming status provided that they were:
1. Permitted under County authority prior to annexation to the City and have
been in continuous operation since initial approval;
2. Permitted under City authority prior to 1983 and have since been in
continuous operation.
B. Governing regulations. Nonconforming home occupations will be regulated as
a nonconforming situation, per the following:
1. A nonconforming situation is further governed by Chapter 18.760,
Nonconforming Situations. Such use may continue until the use is
expanded or altered so as to increase the level of non-compliance with this
title;
2. The burden of proving a home occupation's nonconforming status rests with
the property owner or tenant.
C. Violations. Home occupations without City or County approval which cannot
prove nonconforming status shall be considered in violation of this chapter and
shall cease until the appropriate approvals have been granted.
18.742.040 General Approval Criteria and Standards
A. General criteria. All home occupations except those that have proven
nonconforming status shall observe the following criteria in addition to the
standards established for Type I and Type I I Uses described in Section
18.745.050 of this chapter.
1. Home occupations may be undertaken only by the principal occupant(s) of
a residential property;
2. There shall be no more than three deliveries per week to the residence by
suppliers;
3. There shall be no offensive noise, vibration, smoke, dust, odors, heat or
glare noticeable at or beyond the property line resulting from the operation.
Home occupations,shall observe the provisions of Chapter 18.725,
Environmental Performance Standards;
4. The home occupation shall be operated entirely within the dwelling unit and
a conforming accessory structure. The total area which may be used in the
accessory building for either material product storage and/or the business
• •
activity shall not exceed 528 square feet. Otherwise, the home occupation
and associated storage of materials and products shall not occupy more
than 25% of the combined residence and accessory structure gross floor
area, but in no case shall the portion of the home occupation occupying the
accessory use exceed 528 feet. The indoor storage of materials or products
shall not exceed the limitations imposed by the provisions of the building,
fire, health and housing codes;
5. A home occupation shall not make necessary a change in the Uniform
Building Code use classification of a dwelling unit. Any accessory building
that is used must meet Uniform Building Code requirements;
6. More than one business activity constituting two or more home occupations
shall be allowed on one property only if the combined floor space of the
business activities does not exceed the limitation of space imposed in
Section 4 above. Each home occupation shall apply for a separate home
occupation permit, if required as per this chapter, and each shall also have
separate Business Tax Certificates;
7. There shall be no storage and/or distribution of toxic or flammable
materials, and spray painting or spray finishing operations that involve toxic
or flammable materials which in the judgment of the Fire Marshal pose a
dangerous risk to the residence, its occupants, and/or surrounding
properties. Those individuals which are engaged in home occupations shall
make available to the Fire Marshal for review the Material Safety Data
Sheets which pertain to all potentially toxic and/or flammable materials
associated with the use.
8. No home occupation shall require any on or off-street parking other than
that normally required for a residence;
9. The following uses are not allowed as home occupations:
a. Auto-body repair and painting;
b. On-going mechanical repair conducted outside of an entirely-enclosed
building;
c. Junk and salvage operations;
d. Storage and/or sale of fireworks.
10.There shall be no exterior storage of vehicles of any kind used for the
business except that one commercially licensed vehicle of not more than
three-quarters ton gross vehicle weight (GVW) may be parked outside of a
structure or screened area.
18.742.050 Type I and Type II Home Occupations Defined
A. Type I and II home occupations defined. Home occupations shall be
administered as either Type I or Type II uses. A separate home occupation
permit and/or fee is required for each property on which a Type II home
occupation is undertaken. In addition to the general criteria outlined in Section
18.742.040, home occupations shall observe the following additional
standards:
1. Type I Home Occupations: The following characteristics of a Type I home
occupation shall be prohibited:
•
• •
a. Outside volunteers or employees to be engaged in the business activity
other than the persons principally residing on the premises;
b. Exterior signs which identifies the property as a business location;
c. to:Sunday}clients or customers.
- •• • - - - --• - = • - -; Customers ancf clientsshall on t
visit the.business between tine,hours off8::00 PM-'and 8:00:AM:I
d. Exterior storage of materials.
2. Type II Home Occupations: Property on which a Type II home occupation is
located may show evidence that a business is being conducted from the
premises. Therefore the following is allowed for Type II home occupations:
a. One non-illuminated sign, not exceeding 1.5 square feet, which shall be
attached to the residence or accessory structure or placed in a window;
b. No more than one outside volunteer or employee who is not a principal
resident of the premises;
c. No more than six daily customers or clients. Customers and clients may
not visit the business between the hours of 10:00 PM and 8:00 AM and
shall not generate excessive traffic or monopolize on-street parking;
d. Storage of materials, goods, and equipment which is screened entirely
from view by a solid fence. Storage shall not exceed five percent of the
total lot area and shall not occur within the front yard or the required side
yard setback.
18.742.060 Permit Procedures for Type I and Type II Home Occupations
A. Type I home occupation permit. A Type I home occupation permit will be
processed by means of a Type I procedure, as governed by Section
18.390.030, after a demonstration that the proposal complies with all
development criteria in Sections 18.742.040A and 18.742.050 Al.
B. Type II home occupation permit. A Type II home occupation permit will be
processed by means of a Type II procedure, as governed by Section
18.390.040, after a demonstration that the proposal complies with all
development criteria in Sections 18.742.040A and 18.742.050 A2. and subject
to the following approval criteria:
1. Is in conformance with the standards contained in this chapter; and
2. Will be subordinate to the residential use of the property; and
3. Is undertaken in a manner that is not detrimental nor disruptive in terms of
appearance or operation to neighboring properties and residents.
C. Conditions of approval. The Director may impose conditions upon the approval
of a Type I I home occupation permit to ensure compliance with the
requirements of this chapter. These conditions may include, but are not limited
to, the following:
1. Further limiting the hours, days, place and manner of operation;
2. Requiring site and building design features which minimize environmental
impacts such as noise, vibration, air pollution, glare, odor and dust;
•
• •
3. Requiring additional building setbacks, and increased lot area, depth or
width;
4. Further limiting the building area and outdoor storage used by the home
occupation and restricting the location of the use on the site in relationship
to adjoining uses;
5. Designating the size, number, location and design of vehicle access points;
6. Requiring street right-of-way to be free at all times of vehicles associated
with the home occupation;
7. Requiring landscaping, buffering and/or screening, of the home occupation
from adjoining uses and establishing standards for the continued
maintenance of these improvements;
8. Requiring storm drainage improvements, and surfacing of parking and
loading areas;
9. Limiting the extent and type of interior or exterior building remodeling
necessary to accommodate the home occupation;
10.Limiting or setting standards for the location and intensity of outdoor
lighting;
11.Requiring and designating the size, height and location of fences and
materials used for their construction;
12.Requiring the protection and preservation of existing trees, and other
vegetation, watercourses, slopes, wildlife habitat areas and drainage areas;
13.Limiting the type and number of vehicles or equipment to be parked or
stored on the site; and
14.Any other limitations which the Director considers to be necessary or
desirable to make the use comply with the purposes stated in Sections
18.745.040 and 18.742.050.
18.742.070 Revocation and Expiration of Home Occupation Permits
A. Grounds for revocation. The Director may:
1. Revoke a home occupation approval if the conditions of approval have not
been or are not being complied with and the home occupation is otherwise
being conducted in a manner contrary to this chapter.
2. The Director shall approve the use as it exists, revoke the home occupation
permit, or compel measures to be taken to ensure compatibility with the
neighborhood and conformance with this chapter after reviewing a
complaint. Complaints may be originated by the City of Tigard or the public.
Complaints from the public shall clearly state the objection to the home
occupation, such as:
a. Generation of excessive traffic;
b. Exclusive use of on-street parking spaces;
c. Other offensive activities not compatible with a residential neighborhood.
B. Cessation of home occupation pending review. If it is determined by the
Director in exercise of reasonable discretion, that the home occupation in
question will affect public health and safety, the use may be ordered to cease
pending Hearings Officer review and/or exhaustion of all appeals.
• •
C. Waiting period for re-application. When a home occupation permit has been
revoked due to violation of these standards, a minimum period of one year
shall elapse before another application for a home occupation on the subject
parcel will be considered.
D. Invalidation of permit. A home occupation permit shall become invalid if the
applicant moves his or her residence.
18.742.080 Business Tax Certificate Required
A. Granting of business tax certificate. No business tax certificate will be issued
for a home occupation until:
1. The person wishing to engage in a Type I home occupation pays the one-
time review fee and agrees to comply with the provisions of this chapter; or
2. The applicant for a Type II home occupation has been approved and the
application certifies that the home occupation will be operated in strict
compliance with the provisions of this chapter and the conditions of
approval.
Miscellaneous Permits 18.385-3 11/26/98
18.385.020 Home Occupation Permits
A. Type I home occupation permit. A Type I home occupation permit will be
processed by means of a Type I procedure, as governed by Section
18.390.030, after a demonstration that the proposal complies with all
development criteria in Sections 18.742.040A and 18.742.050 Al.
B. Type II home occupation permit. A Type II home occupation permit will be
processed by means of a Type II procedure, as governed by Section
18.390.040, after a demonstration that the proposal complies with all
development criteria in Sections 18.742.040A and 18.742.050 A2. and subject
to the following approval criteria:
1. Is in conformance with the standards contained in this chapter; and
2. Will be subordinate to the residential use of the property; and
3. Is undertaken in a manner that is not detrimental nor disruptive in terms of
appearance or operation to neighboring properties and residents.
C. Conditions of approval. The Director may impose conditions upon the approval
of a Type II home occupation permit to ensure compliance with the
requirements of this chapter. These conditions may include, but are not limited
to, the following:
1. Further limiting the hours, days, place and manner of operation;
2. Requiring site and building design features which minimize environmental
impacts such as noise, vibration, air pollution, glare, odor and dust;
3. Requiring additional building setbacks, and increased lot area, depth or
width;
4. Further limiting the building area and outdoor storage used by the home
occupation and restricting the location of the use on the site in relationship
to adjoining uses;
•
5. Designating the size, number, location and design of vehicle access points;
6. Requiring street right-of-way to be free at all times of vehicles associated
with the home occupation;
7. Requiring landscaping, buffering and/or screening, of the home occupation
from adjoining uses and establishing standards for the continued
. maintenance of these improvements;
" 8. Requiring storm drainage improvements, and surfacing of parking and
loading areas;
9. Limiting the extent and type of interior or exterior building remodeling
necessary to accommodate the home occupation;
10.Limiting or setting standards for the location and intensity of outdoor
lighting;
11.Requiring and designating the size, height and location of fences and
materials used for their construction;
12.Requiring the protection and preservation of existing trees, and other
vegetation, watercourses, slopes, wildlife habitat areas and drainage areas;
13.Limiting the type and number of vehicles or equipment to be parked or
stored on the site; and
14.Any other limitations which the Director considers to be necessary or
desirable to make the use comply with the purposes stated in Sections
18.745.040 and 18.742.050.
D. Grounds for revocation. The Director may:
1. Revoke a home occupation approval if the conditions of approval have not
been or are not being complied with and the home occupation is otherwise
being conducted in a manner contrary to this chapter.
2. The Director shall approve the use as it exists, revoke the home occupation
permit, or compel measures to be taken to ensure compatibility with the
neighborhood and conformance with this chapter after reviewing a
complaint. Complaints may be originated by the City of Tigard or the public.
Complaints from the public shall clearly state the objection to the home
occupation, such as:
a. Generation of excessive traffic;
b. Exclusive use of on-street parking spaces;
c. Other offensive activities not compatible with a residential neighborhood.
E. Cessation of home occupation pending review If it is determined by the Director
in exercise of reasonable discretion, that the home occupation in question will
affect public health and safety, the use may be ordered to cease pending
Hearings Officer review and/or exhaustion of all appeals.
F. Waiting period for re-application. When a home occupation permit has been
revoked due to violation of these standards, a minimum period of one year
shall elapse before another application for a home occupation on the subject
parcel will be considered.
G. Invalidation of permit. A home occupation permit shall become invalid if the
applicant moves his or her residence.
• • pjoritin
Request to Schedule a Council Agenda Item
• - File with Greer in City Administration when completed-
Meeting Date May 13, 2003 Packet Material Due April 29, 2003 at 5 p.m.
(See 2003 Council Meeting Schedule&Deadlines)
Agenda Topic (state as you want the title to appear on the agenda)
Home Occupations Code Amendment (Z0A2003-00001)
Meeting Type/Item Placement Item Information (check all that apply)
Business - Executive Session ❑ Local Contract Review Board ❑
Business - Business Meeting ® Motion requested(specify below) ❑
Business - Consent Agenda ❑ Ordinance
Business -Study Meeting ❑ PowerPoint presentation ❑
Special ❑ Public Hearing ❑
Special - Executive Session ❑ Public Hearing - Informational ❑
Workshop ❑ Public Hearing - Legislative
Public Hearing -Quasi-Judicial ❑
Receive and File ❑
• Resolution ❑
Estimated time needed at meeting (not required for consent agenda) 20 Minutes
Staff contact person(s) Morgan Tracy
If a motion (other than an ordinance or resolution) is requested, please specify "Should
Council N/A
If a legal ad is required, please specify your publication date April 24, 2003
Other information/instructions N/A
Remember to submit an Agenda Item Summary and
Fact Sheet with your packet materials.
sea
s
X•2'
0 AO
Ao
•
y • •
Council Agenda Item Checklist
• Agenda Topic:
Meeting Date:
Get your item scheduled
❑ Complete a"Request to Schedule a Council Agenda Item" and e-mail the form to
"#Agenda" or deliver the form to City Administration
Schedule the item as soon as possible.Scheduling is tentative and can be changed.
If final Council action is needed, schedule the item for a business meeting on the 2nd
or 4th Tuesday of the month. If the item is educational or if staff is seeking general
direction from the Council,then the item may be better suited for a workshop
meeting on the 3rd Tuesday.
The form"Request to Schedule a Council Agenda Item" can be found on"Tig 20" -
the City's Intranet site. (These forms are also called"blue sheets" but do not need to
be on blue paper.)
Get non-electronic documents scanned- submit by noon on the Friday preceding the Council
packet material deadline
❑ Submit any items to be scanned to Office Services -Refer to "Scanning Information
• for Council Packet Items"
What to submit to the City Recorder's Office and how to label files by the Council packet
material deadline (two weeks before the meeting on a Tuesday by 5 p.m.):
❑ Label files with the meeting date (MM-DD-YY),brief item description, document type,
and,if applicable,number of revision(rev-#). Document types include:
-Agenda Item Summary- AIS
-Attachment-ATTACH#
-Ordinance-ORD
-Resolution- RES
-Memorandum-MEMO
-Appointments-APPTS
Examples of actual file names include:
10-29-02 Annexation AIS 10-29-02 Annexation ORD rev-2
10-29-02 Annexation ATTACH 6 rev-1 10-8-02 Tree Board Appts RES
10-29-02 St Maintenance Fee MEMO
❑ Council Agenda Item Summary (AIS) (Form is on Tig 20)
List all attachments under the "Attachment" section of the Agenda Item Summary. If
attachments are part of a resolution or ordinance,label accordingly i.e. -
Attachment 1: Proposed Ordinance
Exhibit A: Proposed Development Code Amendments
Exhibit B: Map of affected properties
Attachment 2: Draft June 17th Planning Commission Minutes
\\TIG333\USR\DEPTS\ADM\PROCESSES\COUNCIL AGENDA ITEM CHECKLIST V2.DOC Page 1
•
❑ Ordinance or Resolution (Forms are on Tig 20)
If making code changes,this should be reflected in the title of the ordinance,for •
example:
An ordinance amending(deleting/adding) section of the Tigard
Municipal Code pertaining to
❑ Supporting Memorandum
This memo should be written if more details and background are needed to explain
the item or to provide focus for the Council.
❑ Fact Sheet (Form is on Tig 20)
Complete a Fact Sheet for all meeting items except Study Session or Consent Agenda
items. Do not list the Fact Sheet as an attachment.
❑ Attachments
Label all attachments and place in order listed on the Agenda Item Summary under
"Attachments."
❑ PowerPoint Presentation
Before submitting to the City Recorder-
❑ Proofread and spell check all documents
❑ Check to see that documents are ordered according to the AIS "Attachment" section
•
Do not list the Fact Sheet as an attachment
❑ Obtain Department Head initials on the Agenda Item Summary
How to Submit to the City Recorder-
• Deliver hard copies of all documents in the packet item
Documents should be submitted single-sided on letter size (8-1/2" x 11") or legal
size (11" x 14") paper.
❑ Send electronic copies of all documents to "#Agenda"
Send one e-mail for each agenda item, attaching all the files related to that item.
Label files as listed on the first page.
Save PowerPoint presentations (whether submitted as part of the Council packet or not) in
I:\citywide\cc presentations by 10 a.m. on the Friday preceding the meeting
❑ Via e-mail, notify Liz Newton that the presentation is ready for review and provide
corresponding filename.
•
\\TIG333\USR\DEPTS\ADM\PROCESSES\COUNCIL AGENDA ITEM CHECKLIST V2.DOC Page 2
411bMMUNITY NEWSPAPOIS
P.O. BOX 370 PHONE (503)684-0360 Legal TT 10 2 0 5
BEAVERTON, OREGON 97075 Notice
Legal Nntiro erl..ertiin.. -
The following will be considered by the Tigard Planning.
City of Tigard Commission on Monday April 21, 2003 at 7:00 PM at the Tigard
X131312 5 SW Hall Blvd. Civic Center-Town Hall, 13125 SW Hall Blvd.,Tigard, Oregon; ,
and Oregon 9 7 2 2 3 Public oral or written testimony is invited. The public hearing on this
g g matter will be held under Title 18 and rules of procedure adoptedtby
Accounts Payable the Council and available at City Hall or the rules.of procedure set
• forth in Section:18.390.060E:;'The Planning Commission's review is.
for the ipiirposef of making�a recommendation:to..theCity Council=on
the request. The Council-will.-then hold,a public hearing on.the
request prior to making a decision. : )
! Further information may be obtained from the City of.Tigard
AFFIDAVIT OF p Planning Division at 13125 SW Hall Blvd.,Tigard,Oregon 97223 or
1 by calling 503-639-4171.
STATE OF OREGON, ) SS PUBLIC HEARING ITEM:
COUNTY OF WASHINGTON, ) - ZONE ORDINANCE AMENDMENT(ZOA)2003=00001
> HOME OCCUPATIONS CODE AMENDMENT
1, Kathy Snyder REQUEST: To amend the Home Occupation requirementsAvithin.
being first duly sworn, depose and say thm the Tigard Development Code to allow no more,than:5,i';weekly
Director, or his principal clerk, of th'1-ga:customers or clients between the hours of 8:00 AM to 8:00;P ;under.
a newspaper of general circul tton as de'the Type I Home Occupation Permit, and to add'.'.y,erl iage
and 193.020; published at Tigard acknowledging telecommuting and exempt telecommuters from the
- aforesaid county and state; that the Home Occupation Permit requirements. As these_ are"only
Public Hearing/Z OA 2 0 0 3—0 0 01 recommended amendments, the Planning Commission and City
a printed copy of which is hereto annexed Council may opt to modify the specific language or make changes to
entire issue of said newspaper for ONE.other 'relevant sections of Chapter 18.742. (Home Occupations).
LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW
consecutive in the following issues: CRITERIA: Statewide Planning Goals 1 and 2;•Comprehensive
Plan Policies 1 and 2; and Community Development_Code chapters
April 3 , 2003 18.380, 18.390 and 18.742. "' .:=' -•
TT 10205-Publish April 3, 2001
I 1
►. —y —. .i1a•.... .
• 41
Subscribed and sworn to��fore me this 3rd day of Apri 1, 2003
ii(I 1C�1// 13CL/ -=:_=,,, OFFICIAL SEAL
'''=
• •
NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER:
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,
IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
CITY OF TIGARD
Community(Development
Shaping Better Community
PUBLIC NEARING NOTICE
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD PLANNING
COMMISSION ON MONDAY, APRIL 21, 2003 AT 7:00 PM, AND BEFORE THE TIGARD CITY COUNCIL ON
TUESDAY, MAY 13, 2003 AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL
OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE
HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC ON THE FOLLOWING
APPLICATION:
FILE NO.: ZONE ORDINANCE AMENDMENT (ZOA) 2003-00001
FILE TITLE: HOME OCCUPATIONS CODE AMENDMENT
APPLICANT: City of Tigard OWNER: N/A
13125 SW Hall Boulevard
Tigard, OR 97223
REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to
allow no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00
PM under the Type I Home Occupation Permit, and to add verbiage acknowledging
telecommuting and exempt telecommuters from the Home Occupation Permit
requirements.
LOCATION: Citywide. _
ZONE: N/A.
APPLICABLE
REVIEW
CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and
Community Development Code Chapters 18.380, 18.390 and 18.742.
THE PLANNING COMMISSION'S REVIEW IS FOR THE PURPOSE OF MAKING A RECOMMENDATION
TO THE CITY COUNCIL ON THIS REQUEST. THE CITY COUNCIL WILL ALSO CONDUCT A HEARING
ON THIS REQUEST PRIOR TO MAKING A DECISION ON THIS REQUEST.
THE PUBLIC HEARINGS ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE
RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF
PROCEDURES ADOPTED BY THE TIGARD PLANNING COMMISSION AND/OR CITY COUNCIL AND
AVAILABLE AT CITY HALL.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE
CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND
QUALIFIED BILINGUAL GUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438- TELECOMMUNICATIONS
THAN E ONE WEEK PRIOR TO THDEDHEARING TO MAKE ARRANGED El TS. FOR THE DEAF) NO LESS
• •
ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN
WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE
PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION AND CITY COUNCIL
WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC
HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION OR
CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN
ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE
APPLICATION.
IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7) DAYS
PRIOR TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE
HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE
HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS
AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT
THE FIRST EVIDENTIARY HEARING (ORS 197.763(6).
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST
FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN.
APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE PLANNING COMMISSION OR CITY
COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING
IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE
APPLICABLE CRITERIA LISTED.
FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE
OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT
TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL,
AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR
COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE
LAND USE BOARD OF APPEALS BASED ON THAT ISSUE.
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR
INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER
PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST
SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE
FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250
PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MORGAN TRACY AT
(503) 639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY
EMAIL AT morgan @ci.tigard.or.us.
•
•
•
• •
Request to Schedule a Council Agenda Item
- File with Greer in City Administration when completed-
Meeting Date May 13, 2003 Packet Material Due April 29, 2003 at 5 p.m.
(See 2002 Council Meeting Schedule&Deadlines)
Agenda Topic (state as you want the title to appear on the agenda)
Home Occupations Code Amendment (ZOA2003-00001
Meeting Type/Item Placement Item Information (check all that apply)
Business -Executive Session ❑ Local Contract Review Board ❑
Business - Business Meeting ® Motion requested (specify below) ❑
Business - Consent Agenda ❑ Ordinance
Business - Study Meeting ❑ PowerPoint presentation ❑
Special ❑ Public Hearing ❑
Special - Executive Session ❑ Public Hearing - Informational ❑
Workshop ❑ Public Hearing -Legislative
Public Hearing -Quasi-Judicial ❑
Receive and File ❑
Resolution ❑
Estimated time needed at meeting (not required for consent agenda) 15 minutes
Staff contact person(s) Morgan Tracy
If a motion (other than an ordinance or resolution) is requested, please specify "Should
Council
If a legal ad is required, please specify your publication date April 10, 2003
Other information/instructions
Remember to submit an Agenda Item Summary and
Fact Sheet with your packet materials.
R8ZuEs-r ER Ccw,vwJTs
•
REQUEST FOR COMMENTS CITY OF IGARD
Community Deve(opment
Shaping A Better Community
•
DATE: March 13, 2003
•
TO: Christine Darnell,Code Compliance Officer
FROM: City of Tigard Planning Division
STAFF CONTACT: Morgan Tracy, Associate Planner (x2428)
Phone: (503)639-4171/Fax: (503) 684-7297
ZONE ORDINANCE AMENDMENT OA)2003-00001
➢ HOME OCCUPATIONS CODE AMENDMENT <
REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to allow
no more than 5 weekly customers or clients betvveen the hours 'of 8:00 AM to 8:00 PM under the Type
Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters
from the Home Occupation Permit,requirements. LOCATION: Citywide. ZONE:. N/A. APPLICABLE
REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies. 1 and 2; and
Community Development Code Chapters 18.380, 18.390 and 18.742. -
Attached is a "DRAFT" of the Proposed Amendments for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY: MARCH 27, 2003. You may use the space provided below or attach a
separate letter to return your comments. If you are unable to respond by the above date; please phone the staff
contact noted above with your.comments and confirm your comments in writing as soon as possible. If you have any
questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR,97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
•
We have reviewed theproposal and have no objections to'it.
_ Please contact of our office.
_ Please refer to the enclosed letter.
Written comments provided below:
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11(Pkase provide the forlirwing information)Name of Person(s) Commenting: 6f p� 2 ,/,•
Phone Number(s): J 7•7
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• • A�
REQUEST FOR COMMENTS OF TIIGARD
Community Development
Shaping A Better Community
DATE: March 13, 2003
TO: Jim Wolf,Tigard Police Department Crime Prevention Officer
FROM: City of Tigard Planning Division
STAFF CONTACT: Morgan Tracy, Associate Planner (x2428)
Phone: (503)639-4171/Fax: (503) 684-7297
ZONE ORDINANCE AMENDMENT (ZOA) 2003-00001
> HOME OCCUPATIONS CODE AMENDMENT Q
REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to allow
no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under the Type
Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters
from the Home Occupation Permit requirements. LOCATION: Citywide. ZONE: N/A. APPLICABLE
REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and
Community Development Code Chapters 18.380, 18.390 and 18.742.
Attached is a "DRAFT" of the Proposed Amendments for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY: MARCH 27, 2003. You may use the space provided below or attach a
separate letter to return your comments. If you are unable to respond by the above date, please phone the staff
contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any
questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PL ASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the ro osal and have no objections to it.
p p objections
Please contact of our office.
Please refer to the enclosed letter.
Written comments provided below:
(Tlase provide the following information)Name of Person(s) Commenting: oy
I Phone Number(s): 1 a5b1 I
Sent By: CITY OF DURHAM; 5035988595; Mar-18-03 9:39AM; Page 1 /1
• •
REQUEST FOR COMMENTS CITY OF TIGARD
Community Development
Shaping Better Community
DATE: March 13, 2003 • t kt
TO: Mill ofBurham city manager MAR 1 4 7003
FROM: City of Tigard Planning Division <<
STAFF CONTACT: Morgan Tracy, Associate Planner (x2428)
Phone: (503)639-4171/Fax: (503) 684-7297 •
ZONE ORDINANCE AMENDMENT (ZOA)2003-00001
➢ HOME OCCUPATIONS CODE AMENDMENT Q
REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to allow
no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under the Type I
Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters
from the Home Occupation Permit requirements. LOCATION: Citywide. ZONE: N/A. APPLICABLE
REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and
Community Development Code Chapters 18.380, 18.390 and 18.742.
Attached is a "DRAFT" of the Proposed Amendments for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY: MARCH 27. 2003. You may use the space provided below or attach a
separate letter to return your comments. If you are unable to respond by the above date, please phone the staff
contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any
questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY
We have reviewed the proposal and have no objections to it.
_ Please contact of our office.
_ Please refer to the enclosed letter.
Written comments provided below:
(TYease pie the fo[rowing information)Name of Person(s) Commenting: /
0G—G- g u,s
Phone Number(s): U3 -6,3 9 -6-a--s%
Isto • •
20 3 __ i.
kos, I nip REQUEST FOR COMMENTS CITY OFTIGARD
Community cDevetopment
00�� Shaping Better Community
u
DATE: March 13, 2003
TO: City of Beaverton Planning Manager
FROM: City of Tigard Planning Division
STAFF CONTACT: Morgan Tracy, Associate Planner (x2428)
Phone: (503)639-4171/Fax: (503) 684-7297
ZONE ORDINANCE AMENDMENT (ZOA)2003-00001
➢ HOME OCCUPATIONS CODE AMENDMENT <
REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to allow
no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under the Type I
Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters
from the Home Occupation Permit requirements. LOCATION: Citywide. ZONE: N/A. APPLICABLE
REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and
Community Development Code Chapters 18.380, 18.390 and 18.742.
Attached is a "DRAFT" of the Proposed Amendments for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY: MARCH 27, 2003. You may use the space provided below or attach a
separate letter to return your comments. If you are unable to respond by the above date, please phone the staff
contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any
" questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
X., We have reviewed the proposal and have no objections to it.
Please contact of our office.
_ Please refer to the enclosed letter.
Written comments provided below:
(&ease provide thefoll'owing information)Name of Person(s) Commenting: iv. 50i4.,72e.
!Phone Number(s): 3 5 24. Z`fZ�J
• •
REQUEST FOR COMMENTS o Ta-ARD
Community cDeve(opment
Shaping A Better Community
DATE: March 13, 2003
TO: Barbara Shields,Long Range Planning Manager
FROM: City of Tigard Planning Division
STAFF CONTACT: Morgan Tracy, Associate Planner (x2428)
Phone: (503)639-4171/Fax: (503) 684-7297
ZONE ORDINANCE AMENDMENT (ZOA)2003-00001
➢ HOME OCCUPATIONS CODE AMENDMENT <
REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to allow
no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under the Type I
Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters
from the Home Occupation Permit requirements. LOCATION: Citywide. ZONE: N/A. APPLICABLE
REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and
Community Development Code Chapters 18.380, 18.390 and 18.742.
Attached is a "DRAFT" of the Proposed Amendments for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY: MARCH 27, 2003. You may use the space provided below or attach a
separate letter to return your comments. If you are unable to respond by the above date, please phone the staff
contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any
questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it.
_ Please contact of our office.
Please refer to the enclosed letter.
Written comments provided below:
(T ase provide the foaming information)Name of Person(s) Commenting:
I Phone Number(s): I
• •
DRAFT
ZOA2003-00001
HOME OCCUPATION AMENDMENT
PROPOSED DEVELOPMENT CODE TEXT CHANGES
ADDITIONS: Indicated by UNDERLINE& H
DELETIONS: Indicated by STRIKETHRU
Home Occupations 18.742-1 11/26/98
•
Chapter 18.742
HOME OCCUPATIONS •
Sections:
18.742.010 Purpose
18.742.020 Applicability and Exemptions
18.742.030 Nonconforming Uses
18.742.040 General Approval Criteria and Standards
18.742.050 Type I and Type II Home Occupations Defined
18.742.060 Permit Procedures for Type I and Type II Home Occupations
18.742.070 Revocation and Expiration of Home Occupation Permits �w
18.742.080 Business Tax Certificate Required
18.742.010 Purpose
A. Purposes. It is the purpose of this chapter to: t� '"-- cAc, ..- t
1. Permit residents an opportunity to use thei homes to engage in small-scale business ventures
which could not be sustained if it were cessary to lease commercial quarters, or because the ri4,14
nature of the activity would make it i ractical to expand to a full-scale enterprise; and
2. Establish approval criteria and st dards to ensure that home occupations are conducted as
lawful uses which are subordin,a a to the residential use of the property and are conducted in a
• manner that is not detrimental o' r disruptive in terms of appearance or operation to neighboring
properties a -si•ents.
�"`� '�,.. A'� ,..�� «";4�.��c• ^a:.,�a^r,�=v+� x^�;d?us" '�'.5? x.°�':' �`�-" ...," .':.': a �n
3Encourage(eleeommu in`a tb r-"="Yce traffic conyeation totaINvehicle$miles#raveledand
r1°. .�, 'H 2t Y..N. 1"{"S1'?®:iPs-ti,..§s '.t :£•'.�Y<.i S.2 ab` i".s�.+-..fr .''f*'-''.e:'Y" °a
ai Pr ollution;t as: safe'ty-Iyn fFeneghboiho�ods�Ey m'amtam�ng$a pr_e"sence
du ngit MAIIMay
18.742.020 Applicability and Exemptions
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.
•
•
cu c • DRAFT
B. Exemptions. Exemptions from the provisions of this chapter are:
1. Garage sales;
2. For-profit production of produce or other food products grown on the premises. This may include
temporary or seasonal sale of produce or other food products grown on the premises. Farming
activities shall be consistent with the definition of agriculture/horticulture contained in Chapter
18.130, Use Classifications;
3. Hobbies which do not result4n payment to those engaged in such activity;
4. Proven nonconforming homebccupations as per Section 18.742.030.
� "`r. ai:x:a.;yu�/'°^ ;:,�',3�,�.s:..::�::('��°. zr-�:'t. H:�"i:�*:..., st*s`.�:�•..3�i:�.a,;
5.,4 P rsons an►orkir from home : .the se��.of.an l'ectronic,li ku with centralnoff site
offce'-i `�te`lecommute s
0Azwo2 S ` LAG p
18.742. onconforming Uses
A. Nonconforming home occupations. On-going home occupations may be granted nonconforming
status provided that they were:
1. Permitted under County authority prior to annexation to the City and have been in continuous
operation since initial approval;
2. Permitted under City authority prior to 1983 and have since been in continuous operation.
B. Governing regulations. Nonconforming home occupations will be regulated as a nonconforming
situation, per the following:
1. A nonconforming situation is further governed by Chapter 18.760, Nonconforming Situations.
Such use may continue until the use is expanded or altered so as to increase the level of non-
compliance with this title;
2. The burden of proving a home occupation's nonconforming status rests with the property owner
or tenant.
C. Violations. Home occupations without City or County approval which cannot prove nonconforming
status shall be considered in violation of this chapter and shall cease until the appropriate approvals
have been granted.
18.742.040 General Approval Criteria and Standards
A. General criteria. All home occupations except those that have proven nonconforming status shall
observe the following criteria in addition to the standards established for Type I and Type II Uses
described in Section 18.745.050 of this chapter.
1. Home occupations may be undertaken only by the principal occupant(s)of a residential property;
2. There shall be no more than three deliveries per week to the residence by suppliers;
3. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or
beyond the property line resulting from the operation. Home occupations shall observe the
provisions of Chapter 18.725, Environmental Performance Standards;
4. The home occupation shall be operated entirely within the dwelling unit and a conforming
accessory structure. The total area which may be used in the accessory building for either
material product storage and/or the business activity shall not exceed 528 square feet.
Otherwise, the home occupation and associated storage of materials and products shall not
occupy more than 25% of the combined residence and accessory structure gross floor area, but
in no case shall the portion of the home occupation occupying the accessory use exceed 528
feet. The indoor storage of materials or products shall not exceed the limitations imposed by the
provisions of the building, fire, health and housing codes;
• DRAFT
5. A home occupation shall not make necessary a change in the Uniform Building Code use
classification of a dwelling unit. Any accessory building that is used must meet Uniform Building
Code requirements;
6. More than one business activity constituting two or more home occupations shall be allowed on
one property only if the combined floor space of the business activities does not exceed the
limitation of space imposed in Section 4 above. Each home occupation shall apply for a separate
home occupation permit, if required as per this chapter, and each shall also have separate
Business Tax Certificates;
7. There shall be no storage and/or distribution of toxic or flammable materials, and spray painting
or spray finishing operations that involve toxic or flammable materials which in the judgment of
the Fire Marshal pose a dangerous risk to the residence, its occupants, and/or surrounding
properties. Those individuals which are engaged in home occupations shall make available to
the Fire Marshal for review the Material Safety Data Sheets which pertain to all potentially toxic
and/or flammable materials associated with the use.
. 8. No home occupation shall require any on or off-street parking other than that normally required
for a residence;
9. The following uses are not allowed as home occupations:
a. Auto-body repair and painting;
b. On-going mechanical repair conducted outside of an entirely-enclosed building;
c. Junk and salvage operations;
d. Storage and/or sale of fireworks.
10.There shall be no exterior storage of vehicles of any kind used for the business except that one
commercially licensed vehicle of not more than three-quarters ton gross vehicle weight (GVW)
may be parked outside of a structure or screened area.
18.742.050 Type I and Type II Home Occupations Defined
A. Type I and II home occupations defined. Home occupations shall be administered as either Type I
or Type II uses. A separate home occupation permit and/or fee is required for each property on
which a Type II home occupation is undertaken. In addition to the general criteria outlined in Section
18.742.040, home occupations shall observe the following additional standards:
1. Type I Home Occupations: The following characteristics of a Type I home occupation shall be
prohibited:
a. Outside volunteers or employees to be engaged in the business activity other than the
persons principally residing on the premises;
b. Exterior sins which identifies• the property as a business location;
c. No more than fiv.'-weekly Monday�to Sunday clients or customers.
Ous omersa d c ents �hallno'test=thebusinessbetweenthe.lio.ursof
. 'R Mand 8:0 AM r� , �, i ,�/'Zc�6�,
8O.O�P � �
d. Exterior storage of materials. t �g� `f L
2. Type II Home Occupations: Property on which a Type II home occupation is located may show
evidence that a business is being conducted from the premises. Therefore the following is
allowed for Type II home occupations:
a. One non-illuminated sign, not exceeding 1.5 square feet, which shall be attached to the
residence or accessory structure or placed in a window;
b. No more than one outside volunteer or employee who is not a principal resident of the
premises;
•
• DRAFT
c. No more than six daily customers or clients. Customers and clients may not visit the business
between the hours of 10:00 PM and 8:00 AM and shall not generate excessive traffic or
monopolize on-street parking;
d. Storage of materials, goods, and equipment which is screened entirely from view by a solid
fence. Storage shall not exceed five percent of the total lot area and shall not occur within the
front yard or the required side yard setback.
18.742.060 Permit Procedures for Type 1 and Type II Home Occupations
A. Type I home occupation permit. A Type I home occupation permit will be processed by means of a
Type I procedure, as governed by Section 18.390.030, after a demonstration that the proposal
complies with all development criteria in Sections 18.742.040A and 18.742.050 Al.
B. Type II home occupation permit. A Type II home occupation permit will be processed by means of a
Type II procedure, as governed by Section 18.390.040, after a demonstration that the proposal
complies with all development criteria in Sections 18.742.040A and 18.742.050 A2. and subject to
the following approval criteria:
1. Is in conformance with the standards contained in this chapter; and
2. Will be subordinate to the residential use of the property; and
3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or
operation to neighboring properties and residents.
C. Conditions of approval. The Director may impose conditions upon the approval of a Type II home
occupation permit to ensure compliance with the requirements of this chapter. These conditions
may include, but are not limited to, the following:
1. Further limiting the hours, days, place and manner of operation;
2. Requiring site and building design features which minimize environmental impacts such as
noise, vibration, air pollution, glare, odor and dust;
3. Requiring additional building setbacks, and increased lot area, depth or width;
4. Further limiting the building area and outdoor storage used by the home occupation and
restricting the location of the use on the site in relationship to adjoining uses;
5. Designating the size, number, location and design of vehicle access points;
6. Requiring street right-of-way to be free at all times of vehicles associated with the home
occupation;
7. Requiring landscaping, buffering and/or screening, of the home occupation from adjoining uses
and establishing standards for the continued maintenance of these improvements;
8. Requiring storm drainage improvements, and surfacing of parking and loading areas;
9. Limiting the extent and type of interior or exterior building remodeling necessary to
accommodate the home occupation;
10.Limiting or setting standards for the location and intensity of outdoor lighting;
11.Requiring and designating the size, height and location of fences and materials used for their
construction;
12.Requiring the protection and preservation of existing trees, and other vegetation, watercourses,
slopes, wildlife habitat areas and drainage areas;
13.Limiting the type and number of vehicles or equipment to be parked or stored on the site; and
1.4.Any other limitations which the Director considers to be necessary or desirable to make the use
comply with the purposes stated in Sections 18.745.040 and 18.742.050.
` { • •
rift •
18.742.070 Revocation and Expiration of Home Occupation Permits
A. Grounds for revocation. The Director may:
1. Revoke a home occupation approval if the conditions of approval have not been or are not being
complied with and the home occupation is otherwise being conducted in a manner contrary to
this chapter.
2. The Director shall approve the use as it exists, revoke the home occupation permit, or compel
measures to be taken to ensure compatibility with the neighborhood and conformance with this
chapter after reviewing a complaint. Complaints may be originated by the City of Tigard or the
public. Complaints from the public shall clearly state the objection to the home occupation, such
as:
a. Generation of excessive traffic;
b. Exclusive use of on-street parking spaces;
c. Other offensive activities not compatible with a residential neighborhood.
B. Cessation of home occupation pending review. If it is determined by the Director in exercise of
reasonable discretion, that the home occupation in question will affect public health and safety, the
use may be ordered to cease pending Hearings Officer review and/or exhaustion of all appeals.
C. Waiting period for re-application. When a home occupation permit has been revoked due to violation
of these standards, a minimum period of one year shall elapse before another application for a
home occupation on the subject parcel will be considered.
D. Invalidation of permit. A home occupation permit shall become invalid if the applicant moves his or
her residence.
18.742.080 Business Tax Certificate Required
A. Granting of business tax certificate. No business tax certificate will be issued for a home occupation
until:
1. The person wishing to engage in a Type I home occupation pays the one-time review fee and
agrees to comply with the provisions of this chapter; or
2. The applicant for a Type II home occupation has been approved and the application certifies that
the home occupation will be operated in strict compliance with the provisions of this chapter and
the conditions of approval.
Miscellaneous Permits 18.385-3 11/26/98
18.385.020 Home Occupation Permits
A. Type I home occupation permit. A Type I home occupation permit will be processed by means of a
Type I procedure, as governed by Section 18.390.030, after a demonstration that the proposal
complies with all development criteria in Sections 18.742.040A and 18.742.050 Al.
B. Type II home occupation permit. A Type II home occupation permit will be processed by means of a
Type II procedure, as governed by Section 18.390.040, after a demonstration that the proposal
complies with all development criteria in Sections 18.742.040A and 18.742.050 A2. and subject to
the following approval criteria:
1. Is in conformance with the standards contained in this chapter; and
2. Will be subordinate to the residential use of the property; and
3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or
operation to neighboring properties and residents.
• •
C. Conditions of approval. The Director may impose conditions upon the approval of a Type II home
occupation permit to ensure compliance with the requirements of this chapter. These conditions
may include, but are not limited to, the following:
1. Further limiting the hours, days, place and manner of operation;
2. Requiring site and building design features which minimize environmental impacts such as
noise, vibration, air pollution, glare, odor and dust;
3. Requiring additional building setbacks, and increased lot area, depth or width;
4. Further limiting the building area and outdoor storage used by the home occupation and
restricting the location of the use on the site in relationship to adjoining uses;
5. Designating the size, number, location and design of vehicle access points;
6. Requiring street right-of-way to be free at all times of vehicles associated with the home
occupation;
7. Requiring landscaping, buffering and/or screening, of the home occupation from adjoining uses
and establishing standards for the continued maintenance of these improvements;
8. Requiring storm drainage improvements, and surfacing of parking and loading areas;
9. Limiting the extent and type of interior or exterior building remodeling necessary to
accommodate the home occupation;
10.Limiting or setting standards for the location and intensity of outdoor lighting;
11.Requiring and designating the size, height and location of fences and materials used for their
construction;
12.Requiring the protection and preservation of existing trees, and other vegetation, watercourses,
slopes, wildlife habitat areas and drainage areas;
13.Limiting the type and number of vehicles or equipment to be parked or stored on the site; and
14.Any other limitations which the Director considers to be necessary or desirable to make the use
comply with the purposes stated in Sections 18.745.040 and 18.742.050.
D. Grounds for revocation. The Director may:
1. Revoke a home occupation approval if the conditions of approval have not been or are not being
complied with and the home occupation is otherwise being conducted in a manner contrary to
this chapter.
2. The Director shall approve the use as it exists, revoke the home occupation permit, or compel
measures to be taken to ensure compatibility with the neighborhood and conformance with this
chapter after reviewing a complaint. Complaints may be originated by the City of Tigard or the
public. Complaints from the public shall clearly state the objection to the home occupation, such
as:
a. Generation of excessive traffic;
b. Exclusive use of on-street parking spaces;
c. Other offensive activities not compatible with a residential neighborhood.
E. Cessation of home occupation pending review If it is determined by the Director in exercise of
reasonable discretion, that the home occupation in question will affect public health and safety, the
use may be ordered to cease pending Hearings Officer review and/or exhaustion of all appeals.
F. Waiting period for re-application. When a home occupation permit has been revoked due to violation
of these standards, a minimum period of one year shall elapse before another application for a
home occupation on the subject parcel will be considered.
G. Invalidation of permit. A home occupation permit shall become invalid if the applicant moves his or
her residence.
A • •
REQUEST FOR COMMENTS CI trailGARD
Community Deve(opment
ShapingA Better Community
DATE: March 13, 2003
TO: PER ATTACHED
FROM: City of Tigard Planning Division
STAFF CONTACT: Morgan Tracy, Associate Planner (x2428)
Phone: (503)639-4171/Fax: (503) 684-7297
ZONE ORDINANCE AMENDMENT (ZOA)2003-00001
➢ HOME OCCUPATIONS CODE AMENDMENT <
REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to allow
no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under the Type I
Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters
from the Home Occupation Permit requirements. LOCATION: Citywide. ZONE: N/A. APPLICABLE
REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and
Community Development Code Chapters 18.380, 18.390 and 18.742.
Attached is a "DRAFT" of the Proposed Amendments for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY: MARCH 27, 2003. You may use the space provided below or attach a
separate letter to return your comments. If you are unable to respond by the above date, please phone the staff
contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any
questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it.
_ Please contact of our office.
_ Please refer to the enclosed letter.
Written comments provided below:
(T&ase provide the foaming information)Name of Person(s) Commenting:
I Phone Number(s): I
CITY • TIGARD REQUEST FOR CONNTS •
NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS
FILE NOS.: FILE NAME:
. ,. . . _,.
:" 'CITIZEN INVOLVEMENT,._ S �:
14-DAY PENDING APPLICATION NOTICE TO CIT AREA: �entral East South est IRIProposal Descrip.in Library CIT Book
'''''':--',.';;;;,;'''','':' ;''''--.;'' '-',;:',-'. ''-- -i-1 -, ': ,i'-.:. -.::::- ''---" :-:'„..-',:i.',,,,;:cirromets. ,- :::,,i: ::-;-,-,2. !--,, ,,:',: --:,,r.,',-,,,,..-,.:.;::,-::;,:,:,,,.::.: ..: 1',,,,,:1,.,:.-;-:::,:---: :,,-.::,
_ de,Cr, fee.•Ieelf/U4rt4Alize..1 .-,u.!( -/
Z LONG RANGE PLANNING/Barbara Shields,Planning Mgr. _COMMUNITY DVLPMNT.DEPTJPIanning-Engineering Techs. POLICE DEPTJJim Wolf,Crime Prevention Officer
_BUILDING DIVISION/Gary Lampella,Building Official _ENGINEERING DEPT./Brian Rager,Dvlpmnt.Review Engineer_WATER DEPT./Dennis Koellermeier,Operations Mgr.
_CITY ADMINISTRATION/Cathy Wheatley,City Recorder _PUBLIC WORKS/John Roy,Property Manager _PUBLIC WORKS/Matt Stine,Urban Forester
✓PLANNER-POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING! _C.DJSherman Casper,Permit Coord.(soRfcuP re:TIF)
I ..., . >
I•SPECIAL DISTRICTS
_ TUAL HILLS PARK&REC.DIST.*_ TUALATIN VALLEY FIRE&RESCUE* _ TUALATIN VALLEY WATER DISTRICT♦ _ CLEANWATER SERVICES*
Planning Manager Fire Marshall Administrative Office Lee Walker/SWM Program
15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue
Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124
•
;LOCAL AND STATEJURISDICi10NS
ITY OF BEAVERTON II! CITY OF TUALATIN * _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS
_ Planning Manager Planning Manager 2501 SW First Avenue Jennifer Good ridge
_ Irish Bunnell,Development Services 18880 SW Martinazzi Avenue PO Box 59 775 Summer Street NE
PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Salem,OR 97301-1279
Beaverton,OR 97076
_ OR.PUB.UTILITIES COMM.
METRO-LAND USE&PLANNING * _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE
CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380
City Manager Portland,OR 97232-2736 Portland,OR 97232
PO Box 23483 _ Bob Knight,Data Resource Center(ZCA) US ARMY CORPS.OF ENG.
Durham,OR 97281-3483 _ Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP_Kathryn Harris
)[Mel Huie,Greenspaces Coordinator(CPAz0A) Larry French(comp.Plan Amendments Only) Routing CENWP-OP-G
V CITY OF KING CITY* _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946
City Manager _ C.D.Manager,Growth Management Services Salem,OR 97301-2540 Portland,OR 97208-2946
15300 SW 116th Avenue
King City,OR 97224 (/WASHINGTON COUNTY
_ OR.DEPT.OF ENERGY(Powedines in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp.
/ Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue
V CITY OF LAKE OSWEGO* Routing TTRC–Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13
Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124
PO Box 369 Portland,OR 97208-3621 _Brent Curtis(CPA)
Lake Oswego,OR 97034 _/Gregg Leion(CPA)
_ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _nne LaMountai�GAruRB)
/CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Marah Danielson,Development Review Coordinator _Phil Healy(IGAA,RB)
—
David Knowles,Planning Bureau Dir. Regional Administrator _Carl Toland, Right-of-Way Section(vacations) _Steve Conway(General Apps.)
Portland Building 106,Rm. 1002 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Sr.Cartographer(CPMZCA)MS 14
1120 SW Fifth Avenue Portland,OR 97201-4987 Portland,OR 97209-4037 _Jim Nims(ZCA)MS 15
Portland,OR 97204 _Doria Mateja(ZCA)MS 14
—ODOT,REGION 1 -DISTRICT 2A
—WA.CO.CONSOLIDATED COMMUNIC.AGENCY(WCCCA)"911"(Monopole Towers) Jane Estes,Permit Specialist
Dave Austin 5440 SW Westgate Drive,Suite 350
PO Box 6375 Portland,OR 97221-2414
Beaverton,OR 97007-0375
r; ; °.�,, UTILITY PROVIDERS AND SPECIAL°AGENCIES
—PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe R/R Predecessor)
Robert I.Melbo,President&General Manager
110 W.10th Avenue
Albany,OR 97321
_SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _AT&T CABLE —
TRI-MET TRANSIT DVLPMT.
Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations only) Pat McGann (If Project is Within''/.Mile of A Transit Route)
. 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner
Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street
Beaverton,OR 97006-4886 Portland,OR 97232
—PORTLAND GENERAL ELECTRIC —NW NATURAL GAS COMPANY —VERIZON — QWEST COMMUNICATIONS
Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Jeri Cella,Engineering
9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rm 110
Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219
—.TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 _ AT&T CABLE cueps Ed I la1/14 dsswt
Marsha Butler,Administrative Offices Jan Youngquist,Demographics&Planning Dept. Diana Carpenter
6960 SW Sandburg Street 16550 SW Merlo Road 3500 SW Bond Street
Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Portland,OR 97232
* INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN S00' OF THE SUBJECT PROPERTY FOR ANY/ALL
CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). h:tpatty'rmstersxRequest For Comments Notification List 2.doc (Revised: 1/3/03)
REQUEST FOR COMMENTS C.OF TIIIGARD
Community Devetopment
Shaping A Better Community
DATE: March 13, 2003
TO: INTERESTED PARTIES[Formerly CIT Members-List Attached]
FROM: City of Tigard Planning Division
STAFF CONTACT: Morgan Tracy, Associate Planner (x2428)
Phone: (503)639-4171/Fax: (503) 684-7297
ZONE ORDINANCE AMENDMENT (ZOA)2003-00001
➢ HOME OCCUPATIONS CODE AMENDMENT Q
REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to allow
no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under the Type
Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters
from the Home Occupation Permit requirements. LOCATION: Citywide. ZONE: N/A. APPLICABLE
REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and
Community Development Code Chapters 18.380, 18.390 and 18.742.
Attached is a "DRAFT" of the Proposed Amendments for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY: MARCH 27, 2003. You may use the space provided below or attach a
separate letter to return your comments. If you are unable to respond by the above date, please phone the staff
contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any
questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it.
_ Please contact of our office.
Please refer to the enclosed letter.
Written comments provided below:
(4'lease provide the foQowing information)Name of Person(s) Commenting:
I Phone Number(s):
• •
Jack Biethan Louise Fronville
11023 SW Summerfield Drive#4 15760 SW Oak Meadow Lane
Tigard, OR 97224 Tigard, OR 97224
Brooks Gaston Tim Esau
10272 SW Meadow Street PO Box 230695
Tigard, OR 97223 Tigard, OR 97281
Don & Dorothy Erdt Ross Sundberg
13760 SW 121st Avenue 16382 SW 104th Avenue
Tigard, OR 97223 Tigard, OR 97224
Ellen Beilstein Sue Rorman
14630 SW 139th Avenue 11250 SW 82nd Avenue
Tigard, OR 97224 Tigard, OR 97223
Martha Bishop Naomi Gallucci
10590 SW Cook Lane 11285 SW 78th Avenue
Tigard, OR 97223 Tigard, OR 97223
Vanessa Foster Michael Trigoboff
13085 SW Howard Drive 7072 SW Barbara Lane
Tigard, OR 97223 Tigard, OR 97223
Susan Beilke Dieter Jacobs
11755 SW 114th Place 7775 SW Spruce Street
Tigard, OR 97223 Tigard, OR 97223
Nathan and Ann Murdock Alexander Crag head
PO Box 231265 12205 SW Hall Boulevard
Tigard, OR 97281 Tigard, OR 97223-6210
Kristen Miller David Chapman
8940 SW Edgewood Street 9840 SW Landau Place
Tigard, OR 97223 Tigard, OR 97223
Paul Owen Craig Smelter
10335 SW Highland Drive PO Box 1467
Tigard, OR 97224 Tualatin, OR 97062
• •
Harold and Ruth Howland Rex Caffall
13145 SW Benish 13205 SW Village Glenn
Tigard, OR 97223 Tigard, OR 97223
Kevin Hogan Josh Thomas
14357 SW 133rd Avenue 10395 SW Bonanza
Tigard, OR 97224 Tigard, OR 97224
Gretchen Buehner
13249 SW 136th Place
Tigard, OR 97224
Jon Sirrine
12761 SW 133rd Avenue
Tigard, OR 97223
Judith Anderson
16640 SW Jordan Way
King City, OR 97224
Beverly Froude
12200 SW Bull Mountain Road
Tigard, OR 97224
Brad Spring
7555 SW Spruce Street
Tigard, OR 97223
Brian Wegener
9830 SW Kimberly Drive
Tigard, OR 97224
Barry Albertson
15445 SW 150th Avenue
Tigard, OR 97224
Patricia Keerins
12195 SW 121st Avenue
Tigard, OR 97223
CITY OF TIGARD - CITYWIDE CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT CityWide.doc) UPDATED: March 13, 2003
FLANN IIJG Sc &Em i&y
MATERIALS
NJ • • A
AFFIDAVIT OF MAILING z 'n
CITY OF TIGARD
Community Development
S hoping A Better Community
•
•
I, Tatricia L. Lunforrd being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for
the City of Tigard, Washington County, Oregon and that I served the following:
(Check Appropriate Box(s)Below)
® NOTICE OF PUBLIC NEARING FOR: 10A2003-00001/HOME OCCUPATIONS CODE AMENDMENT (4/21/2003 & 5/13/2003)
(File NoJName Reference) (Date of Public Hearing(s)
City of Tigard Planning Director
Tigard Hearings Officer
Tigard Planning Commission (4/21/2003)
Tigard City Council (5/13/2003) .
A copy of the said notice being hereto attached, marked Exhibit"A", and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Exhlbit'B", and by reference made a part
hereof, on March 31,2003,and deposited.in the United States Mail on March 31,2003;postage prepaid.
AP r e �
V (Person tha 'repared Notice) '
STATE OAF O(1ZiEGON )
County o ff Washington )ss.
City of Tigard )
Subscribed and sworn/affirmed before me on the Il day of rX ,x2003.
OFFICIAL SEAL
:--a , DIANE M JELDERKS
\Z-4::- NOTARY PUBLIC-OREGON
r Y COMMISSION N0. t
•
MY COMMISSION EXPIRES SEPT.S .07,2003
NO Y PUBLIC OF 0: i
i/dex4) .
My Commission 3.:- es: 9/7 613
•
NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: •
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, EXHIBIT 4
IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
CITY OF TIGARD
Community Development
Shaping A Better Community
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD PLANNING
COMMISSION ON MONDAY, APRIL 21, 2003 AT 7:00 PM, AND BEFORE THE TIGARD CITY COUNCIL ON
TUESDAY, MAY 13, 2003 AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL
OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE
HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC ON THE FOLLOWING
APPLICATION:
FILE NO.: ZONE ORDINANCE AMENDMENT (ZOA) 2003-00001
FILE TITLE: HOME OCCUPATIONS CODE AMENDMENT
APPLICANT: City of Tigard OWNER: N/A
13125 SW Hall Boulevard
Tigard, OR 97223 -
REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to
allow no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00
PM under the Type I Home Occupation Permit, and to add verbiage acknowledging
telecommuting and exempt telecommuters from the Home Occupation Permit
requirements.
LOCATION: Citywide.
ZONE: N/A. J
APPLICABLE
REVIEW
CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and
Community Development Code Chapters 18.380, 18.390 and 18.742.
THE PLANNING COMMISSION'S REVIEW IS FOR THE PURPOSE OF MAKING A RECOMMENDATION
TO THE CITY COUNCIL ON THIS REQUEST. THE CITY COUNCIL WILL ALSO CONDUCT A HEARING
ON THIS REQUEST PRIOR TO MAKING A DECISION ON THIS REQUEST.
THE PUBLIC HEARINGS ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE
RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF
PROCEDURES ADOPTED BY THE TIGARD PLANNING COMMISSION AND/OR CITY COUNCIL AND
AVAILABLE AT CITY HALL.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE
CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND
QUALIFIED BILIN03) 684-2772 GUAL INTERPRETERS FOR HE DEAF) NO LESS
PRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438
(VOICE)ONE WE) WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS.
• •
ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN
WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE
PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION AND CITY COUNCIL
WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC
HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION OR
CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN
ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE
APPLICATION.
IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7) DAYS
PRIOR TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE
HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE
HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS
AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT
THE FIRST EVIDENTIARY HEARING (ORS 197.763(6).
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST
FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN.
APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE PLANNING COMMISSION OR CITY
COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING
IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE
APPLICABLE CRITERIA LISTED.
FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE
OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT
TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL,
AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR
• COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE
LAND USE BOARD OF APPEALS BASED ON THAT ISSUE.
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR
INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER
PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST
SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE
FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 )
PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MORGAN TRACY AT
(503) 639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY
EMAIL AT morgan @ci.tigard.or.us.
- • •
Jack Biethan Louise Fronville EXHIBIT
11023 SW Summerfield Drive#4 15760 SW Oak Meadow Lane
Tigard, OR 97224 Tigard, OR 97224
Brooks Gaston Tim Esau
10272 SW Meadow Street PO Box 230695
Tigard, OR 97223 Tigard, OR 97281
Don & Dorothy Erdt Ross Sundberg
13760 SW 121st Avenue 16382 SW 104th Avenue
Tigard, OR 97223 Tigard, OR 97224
Ellen Beilstein Sue Rorman
14630 SW 139th Avenue 11250 SW 82nd Avenue
Tigard, OR 97224 Tigard, OR 97223
Martha Bishop Naomi Gallucci
10590 SW Cook Lane 11285 SW 78th Avenue
Tigard, OR 97223 Tigard, OR 97223
Vanessa Foster Michael Trigoboff
13085 SW Howard Drive 7072 SW Barbara Lane
Tigard, OR 97223 Tigard, OR 97223
Susan Beilke Dieter Jacobs
11755 SW 114th Place 7775 SW Spruce Street
Tigard, OR 97223 Tigard, OR 97223
Nathan and Ann Murdock Alexander Crag head
PO Box 231265 12205 SW Hall Boulevard
Tigard, OR 97281 Tigard, OR 97223-6210
Kristen Miller David Chapman
8940 SW Edgewood Street 9840 SW Landau Place
Tigard, OR 97223 Tigard, OR 97223
Paul Owen Craig Smelter
10335 SW Highland Drive PO Box 1467
Tigard, OR 97224 Tualatin, OR 97062
• •
• •
Harold and Ruth Howland Rex Caffall
13145 SW Benish 13205 SW Village Glenn
Tigard, OR 97223 Tigard, OR 97223
Kevin Hogan Josh Thomas
14357 SW 133rd Avenue 10395 SW Bonanza
Tigard, OR 97224 Tigard, OR 97224
Gretchen Buehner
13249 SW 136th Place
Tigard, OR 97224
Jon Sirrine
12761 SW 133rd Avenue
Tigard, OR 97223
Judith Anderson
16640 SW Jordan Way
King City, OR 97224
Beverly Froude
12200 SW Bull Mountain Road
Tigard, OR 97224
Brad Spring
7555 SW Spruce Street
Tigard, OR 97223
Brian Wegener
9830 SW Kimberly Drive
Tigard, OR 97224
Barry Albertson
15445 SW 150th Avenue
Tigard, OR 97224
Patricia Keerins
12195 SW 121st Avenue
Tigard, OR 97223
CITY OF TIGARD - CITYWIDE CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT CityWide.doc) UPDATED: March 13, 2003
• •
FAX TRANSMITTAL iIG�
CITY OF TIGARD
Community(Development
Shaping Better Community
DATE: April 21, 2003
TO: Sylvia MaKinster, Legals Section/Community Newspapers (Fax) 503-620-3433
FROM: Patricia Lunsford, City of Tigard Planning Division (Phone) 503-639-4171, x320.
PLACE UNDER CITY OF TIGARD LOGO LEGAL NOTICE SECTION OF TIGARD TIMES,THE FOLLOWING:
The following will be considered by the Tigard Planning Commission on Monday April 21, 2003 at 7:00
PM at the Tigard Civic Center- Town Hall, 13125 SW Hall Blvd., Tigard, Oregon.
Public oral or written testimony is invited. The public hearing on this matter will be held under Title 18 and
rules of procedure adopted by the Council and available at City Hall or the rules of procedure set forth in
Section 18.390.060E. The Planning Commission's review is for the purpose of making a recommendation to
the City Council on the request. The Council will then hold a public hearing on the request prior to making a
decision.
Further information may be obtained from the City of Tigard Planning Division at 13125 SW Hall Blvd.,
Tigard, Oregon 97223 or by calling 503-639-4171.
PUBLIC HEARING ITEM:
ZONE ORDINANCE AMENDMENT (ZOA) 2003-00001
➢ HOME OCCUPATIONS CODE AMENDMENT <
REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to allow
no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under the Type I
Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters
from the Home Occupation Permit requirements. LOCATION: Citywide. ZONE: N/A. APPLICABLE
REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and
Community Development Code Chapters 18.380, 18.390 and 18.742.
(THERE IS NO MAP TO BE PUBLISHED WITH THIS NEWSPAPER PUBLICATION. THANK YOU)
TT PUBLISH DATE: APRIL 3, 2003
• •
FAX TRANSMITTAL 1_y�
CITY OF TIGARD
Community cDeve(opment
Shaping Better Community
DATE: April 18, 2003
TO: Sylvia MaKinster, Legals Section/Community Newspapers (Fax) 503-620-3433
FROM: Patricia Lunsford, City of Tigard Planning Division (Phone) 503-6394171, x320.
PLACE UNDER CITY OF TIGARD LOGO LEGAL NOTICE SECTION OF TIGARD TIMES,THE FOLLOWING:
The following will be considered by the Tigard City Council on Tuesday May 13, 2003, at 7:30 PM at the
Tigard Civic Center- Town Hall, 13125 SW Hall Blvd., Tigard, Oregon.
Public oral or written testimony is invited. The public hearing on this matter will be held under Title 18 and
rules of procedure adopted by the Council and available at City Hall or the rules of procedure set forth in
Section 18.390.060E.
Further information may be obtained from the City of Tigard Planning Division at 13125 SW Hall Blvd.,
Tigard, Oregon 97223 or by calling 503-639-4171.
PUBLIC HEARING ITEM:
ZONE ORDINANCE AMENDMENT (ZOA) 2003-00001
➢ HOME OCCUPATIONS CODE AMENDMENT Q
REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to allow
no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under the Type I
Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters
from the Home Occupation Permit requirements. LOCATION: Citywide. ZONE: N/A. APPLICABLE
REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and
Community Development Code Chapters 18.380, 18.390 and 18.742.
(THERE IS NO MAP TO BE PUBLISHED WITH THIS NEWSPAPER PUBLICATION. THANK YOU)
TT PUBLISH DATE: APRIL 24, 2003
• • A
120 DAYS = N/A CITY� -
OF TIGARD
Community(Development
Shaping A Better Community
CITY OF TIGARD
Washington County, Oregon
NOTICE OF FINAL ORDER BY THE TIGARD CITY COUNCIL
Case Number: ZONE ORDINANCE AMENDMENT(ZOA) 2003-00001
Case Name: HOME OCCUPATIONS CODE AMENDMENT
Names of Owners: N/A
Name of Applicant: City of Tigard
Address of Applicant: 13125 SW Hall Boulevard Tigard, OR 97223
Address of Property: Citywide
Tax Map/Lot Nos.: N/A
A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A ZONE
ORDINANCE AMENDMENT (ORDINANCE NO. 03-??).
THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS,
NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND
RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE
PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON APRIL 21 2003 FOR THE PURPOSE OF
MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC
HEARING TO RECEIVE TESTIMONY ON MAY 13 2003 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS
DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER.
Subject: > To amend the Home Occupation requirements within the Tigard Development Code to allow
no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under
the Type I Home Occupation Permit, and to add verbiage acknowledging telecommuting and
exempt telecommuters from the Home Occupation Permit requirements. LOCATION:
Citywide.
ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2;
Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380,
18.390 and 18.742.
Action: > ® Approval as Requested ❑ Approval with Conditions ❑ Denial
Notice: Notice was published in the newspaper, posted at City Hall and mailed to:
® Affected Government Agencies ® The Affected Citizen Involvement Team
Final Decision:
THIS IS THE FINAL DECISION BY THE CITY AND BECOMES EFFECTIVE ON , 2003.
The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard
Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon.
Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land
Use Board of Appeals (LUBA) according to their procedures.
Questions: If you have any questions, please call the City of Tigard Planning Division or the City
Recorder at (503) 639-4171.
'Form 2
DLCD NOTICE OF ADOPTION
This form must be mailed to DLCD within 5 working days after the final decision
per ORS 197.610 and OAR Chapter 660 - Division 18
(See reverse side for submittal requirements)
Jurisdiction: City of Tigard Local File No.: ZOA2003-00001
(If no number,use none)
Date of Adoption: May 13, 2003 Date Mailed: May 15, 2003
(Must be filled in) (Date mailed or sent to DLCD)
Date this proposal was sent or mailed: March 4, 2003 (48 days)
(Date mailed or sent to DLCD)
Comprehensive Plan Text Amendment _ Comprehensive Plan Map Amendment
X Land Use Regulation Amendment _ Zoning Map Amendment
New Land Use Regulation _ Other:
(Please Specify Type of Action)
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached."
To amend the Home Occupation requirements within the Tigard Development
Code to allow no more than 5 weekly customers or clients between the hours of
8:00 AM to 8:00 PM under the Type I Home Occupation Permit, and to add
verbiage acknowledging telecommuting and exempt telecommuters from the
Home Occupation Permit requirements.
Describe how the adopted amendment differs from the proposed amendment. If it is the same,
write "Same." If you did not give notice for the proposed amendment, write "N/A."
(Same)
Plan Map Change from: N/A to N/A
Zone Map Change from: N/A to N/A
Location: Citywide Acres Involved: N/A
Specify Density: Previous: N/A New: N/A
Applicable Statewide Planning Goals: 1 & 2.
Was an Exception adopted? Yes: _ No: X
DLCD File No.: •
'dorm 2
Did the Department of Land Conservation and Development receive a Notice of Proposed
Amendment FORTY FIVE (45) days prior to the first evidentiary hearing? Yes: X No:
If no, do the Statewide Planning Goals apply. Yes: _ No: _
If no, did The Emergency Circumstances Require immediate adoption. Yes: _ No: _
Affected State or Federal Agencies, Local Governments or Special Districts: DLCD, Metro,
ODOT and the City of Tigard.
•
Local Contact: Morgan Tracy, Associate Planner Area Code + Phone Number: 503-639-4171
Address: 13125 SW Hall Boulevard
City: Tigard, OR Zip Code + 4: 97223-8189
ADOPTION SUBMITTAL REQUIREMENTS
This form must be mailed to DLCD within 5 working days after the final decision
per ORS 197.610 and OAR Chapter 660-Division 18
1. Send this Form and Two (2) Copies of the Adopted Amendment to:
ATTENTION: PLAN AMENDMENT SPECIALIST
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT
635 CAPITAL STREET NE, SUITE 150
SALEM, OREGON 97301-2540
COPY TO:
Metro Land Use & Planning ODOT—Region 1, District 2-A
600 NE Grand Avenue Jane Estes, Permit Specialist
Portland, OR 97232-2736 5440 SW Westgate Drive, Suite 3
Portland, OR 97221-2414
2. Submit Two (2) copies of adopted material, if copies are bounded please submit
two (2) complete copies of documents and maps.
3. Please Note: Adopted materials must be sent to DLCD not later than
five (5) working days following the date of the final decision on the amendment.
4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted
findings and supplementary information.
5. The deadline to appeal will be extended if you do not submit this Notice of Adoption within
five working days of the final decision. Appeals to LUBA may be filed within
TWENTY-ONE (21) days of the date, the "Notice of Adoption" is sent to DLCD.
6. In addition to sending the "Notice of Adoption" to DLCD, you must notify persons who
participated in the local hearing and requested notice of the final decision.
7. Need More Copies? You can copy this form to 8-1/2x11 green paper only ; or call the
DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or Email your
- request to Larry.French(o�state.or.us —ATTENTION: PLAN AMENDMENT SPECIALIST.
Fora 1 - • •
rAN
O
I OTI CE OF PROPOSED AMENDME
c:::?), is form must be received by DLCD at least 45 days prior to the first evidentia he
per ORS 197.610, OAR Chapter 660 - Division 18
and Senate Bill 543 and effective on June 30, 1999
(See reverse side for submittal requirements)
Jurisdiction: City of Tigard Local File No.: ZOA2003-00001
(If no number,use none)
- Date of First Evidentiary Hearing: 4/21/2003 Date of Final Hearing: 5/13/2003
(Must be filled in) (Must be filled in)
Date this proposal was sent or mailed: March 4, 2003 (48 days)
(Date mailed or sent to DLCD)
Has this proposal been submitted to DLCD? _Yes X No Date: N/A
Comprehensive Plan Text Amendment _ Comprehensive Plan Map Amendment
X Land Use Regulation Amendment _ Zoning Map Amendment
New Land Use Regulation _ Other:
(Please Specify Type of Action)
Briefly summarize the proposal. Do not use technical terms. Do not write "See Attached."
A Zone Ordinance Amendment to amend the current home occupation rules to
allow for a limited number of customers to visit the residence under the Type I
home occupation permit rules.
Plan Map Change from: N/A to N/A
Zone Map Change from: N/A to N/A
Location: Citywide Acres Involved: N/A
Specified change in Density: Current: N/A Proposed: N/A
Applicable Statewide Planning Goals: 1 & 2.
Is an Exception proposed?_Yes X No
Affected State or Federal Agencies, Local Governments or Special Districts: City of Tigard
Local Contact: Morgan Tracy, Associate Planner Area Code + Phone Number: (503) 639-4171
Address: 13125 SW Hall Boulevard
City: Tigard, OR Zip Code + 4: 97223-8189
DLCD No.:
Form 1 • •
SUBMITTAL REQUIREMENTS
This form must be received by DLCD at least 45 days prior to the first evidentiary hearing
per ORS 197.610, OAR Chapter 660-Division 18
and Senate Bill 543 and effective on June 30, 1999.
1. Send this Form and Two12) Copies of the Proposed Amendment to:
ATTENTION: PLAN AMENDMENT SPECIALIST
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT
635 CAPITAL STREET NE, SUITE 150
SALEM, OREGON 97301-2540
COPIES TO:
Metro Land Use & Planning
600 NE Grand Avenue
Portland, OR 97232-2736
ODOT—Region 1, District 2-A
Jane Estes, Permit Specialist
5440 SW Westgate Drive, Suite 3
Portland, OR 97221-2414
2. Unless exempt by ORS 197.610 (2), proposed amendments must be received at the
DLCD's SALEM OFFICE at least FORTY-FIVE (45) before the first evidentiary
hearing on the proposal. The first evidentiary hearing is usually the first public
hearing held by the jurisdiction's planning commission on the proposal.
3. Submittal of proposed amendments shall include the text of the amendment and any
other information the local government believes is necessary to advise DLCD of the
proposal. "Text" means the specific language being added to or deleted from the
acknowledged plan or land use regulations. A general description of the proposal is
not adequate.
4. Submittal of proposed "map" amendments must include a map of the affected area
showing existing and proposed plan and zone designations. The map should be on
8 1/2 x 11 inch paper. A legal description, tax account number, address or general
description is not adequate.
5. Submittal of proposed amendments which involve a goal exception must include the
proposed language of the exception.
6. Need More Copies? You can copy this form on to 8-1/2x11 green paper only8-1/2x11
green paper only; or call the DLCD Office at (503) 373-0050; or Fax your request to:
(503) 378-5518; or email your request to Larry.French(a�state.or.us — ATTENTION:
PLAN AMENDMENT SPECIALIST.
• •
ZOA2003-00001
HOME OCCUPATION AMENDMENT
PROPOSED DEVELOPMENT CODE TEXT CHANGES
ADDITIONS: Indicated by UNDERLINE&;SHADING
DELETIONS: Indicated by STRIKETHRU
Home Occupations 18.742-1 11/26/98
Chapter 18.742
HOME OCCUPATIONS
Sections:
18.742.010 Purpose
18.742.020 Applicability and Exemptions
18.742.030 Nonconforming Uses
18.742.040 General Approval Criteria and Standards
18.742.050 Type I and Type II Home Occupations Defined
18.742.060 Permit Procedures for Type I and Type II Home Occupations
18.742.070 Revocation and Expiration of Home Occupation Permits
18.742.080 Business Tax Certificate Required
18.742.010 Purpose
A. Purposes. It is the purpose of this chapter to:
1. Permit residents an opportunity to use their homes to engage in small-scale business ventures
which could not be sustained if it were necessary to lease commercial quarters, or because the
nature of the activity would make it impractical to expand to a full-scale enterprise; and
2. Establish approval criteria and standards to ensure that home occupations are conducted as
lawful uses which are subordinate to the residential use of the property and are conducted in a
manner that is not detrimental or disruptive in terms of appearance or operation to neighboring
properties and residents.
3. Encoura•e telecommutin• to reduce traffic con•estion, total vehicle miles traveled and
air pollution and to increase safe in the neighborhoods by maintaining a •resence
during the work day. •
18.742.020 Applicability and Exemptions
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.
• •
B. Exemptions. Exemptions from the provisions of this chapter are:
1. Garage sales;
2. For-profit production of produce or other food products grown on the premises. This may include
temporary or seasonal sale of produce or other food products grown on the premises. Farming
activities shall be consistent with the definition of agriculture/horticulture contained in Chapter
18.130, Use Classifications;
3. Hobbies which do not result in payment to those engaged in such activity;
4. Proven no nconform ing home occupations as per Section 18.742.030.
5. Persons workin• from home b the use of an electronic linku• with a central off-site
office (i.e. telecommuters):
18.742.030 Nonconforming Uses
A. Nonconforming home occupations. On-going home occupations may be granted nonconforming
status provided that they were:
1. Permitted under County authority prior to annexation to the City and have been in continuous
operation since initial approval;
2. Permitted under City authority prior to 1983 and have since been in continuous operation.
B. Governing regulations. Nonconforming home occupations will be regulated as a nonconforming
situation, per the following:
1. A nonconforming situation is further governed by Chapter 18.760, Nonconforming Situations.
Such use may continue until the use is expanded or altered so as to increase the level of non-
compliance with this title;
2. The burden of proving a home occupation's nonconforming status rests with the property owner
or tenant.
C. Violations. Home occupations without City or County approval which cannot prove nonconforming
status shall be considered in violation of this chapter and shall cease until the appropriate approvals
have been granted.
18.742.040 General Approval Criteria and Standards
A. General criteria. All home occupations except those that have proven nonconforming status shall
observe the following criteria in addition to the standards established for Type I and Type II Uses
described in Section 18.745.050 of this chapter.
1. Home occupations may be undertaken only by the principal occupant(s) of a residential property;
2. There shall be no more than three deliveries per week to the residence by suppliers;
3. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or
beyond the property line resulting from the operation. Home occupations shall observe the
provisions of Chapter 18.725, Environmental Performance Standards;
4. The home occupation shall be operated entirely within the dwelling unit and a conforming
accessory structure. The total area which may be used in the accessory building for either
material product storage and/or the business activity shall not exceed 528 square feet.
Otherwise, the home occupation and associated storage of materials and products shall not
occupy more than 25% of the combined residence and accessory structure gross floor area, but
in no case shall the portion of the home occupation occupying the accessory use exceed 528
feet. The indoor storage of materials or products shall not exceed the limitations imposed by the
provisions of the building, fire, health and housing codes;
• •
5. A home occupation shall not make necessary a change in the Uniform Building Code use
classification of a dwelling unit. Any accessory building that is used must meet Uniform Building
Code requirements;
6. More than one business activity constituting two or more home occupations shall be allowed on
one property only if the combined floor space of the business activities does not exceed the
limitation of space imposed in Section 4 above. Each home occupation shall apply for a separate
home occupation permit, if required as per this chapter, and each shall also have separate
Business Tax Certificates;
7. There shall be no storage and/or distribution of toxic or flammable materials, and spray painting
or spray finishing operations that involve toxic or flammable materials which in the judgment of
the Fire Marshal pose a dangerous risk to the residence, its occupants, and/or surrounding
properties. Those individuals which are engaged in home occupations shall make available to
the Fire Marshal for review the Material Safety Data Sheets which pertain to all potentially toxic
and/or flammable materials associated with the use.
8. No home occupation shall require any on or off-street parking other than that normally required
for a residence;
9. The following uses are not allowed as home occupations:
a. Auto-body repair and painting;
b. On-going mechanical repair conducted outside of an entirely-enclosed building;
c. Junk and salvage operations;
d. Storage and/or sale of fireworks.
10.There shall be no exterior storage of vehicles of any kind used for the business except that one
commercially licensed vehicle of not more than three-quarters ton gross vehicle weight (GVW)
may be parked outside of a structure or screened area.
18.742.050 Type I and Type II Home Occupations Defined
A. Type I and II home occupations defined. Home occupations shall be administered as either Type I
or Type II uses. A separate home occupation permit and/or fee is required for each property on
which a Type II home occupation is undertaken. In addition to the general criteria outlined in Section
18.742.040, home occupations shall observe the following additional standards:
1. Type I Home Occupations: The following characteristics of a Type I home occupation shall be
prohibited:
a. Outside volunteers or employees to be engaged in the business activity other than the
persons principally residing on the premises;
b. Exterior signs which identifies the property as a business location;
c. No more than five weekly-(Monday to Sunday) clients or customers.
; 'Customers and clients shall not visit the business between the hours of
8:00 PM and 8:00 AM.
d. Exterior storage of materials.
2. Type II Home Occupations: Property on which a Type II home occupation is located may show
evidence that a business is being conducted from the premises. Therefore the following is
allowed for Type II home occupations:
a. One non-illuminated sign, not exceeding 1.5 square feet, which shall be attached to the
residence or accessory structure or placed in a window;
b. No more than one outside volunteer or employee who is not a principal resident of the
premises;
• •
c. No more than six daily customers or clients. Customers and clients may not visit the business
between the hours of 10:00 PM and 8:00 AM and shall not generate excessive traffic or
monopolize on-street parking;
d. Storage of materials, goods, and equipment which is screened entirely from view by a solid
fence. Storage shall not exceed five percent of the total lot area and shall not occur within the
front yard or the required side yard setback.
18.742.060 Permit Procedures for Type I and Type II Home Occupations
A. Type I home occupation permit. A Type I home occupation permit will be processed by means of a
Type I procedure, as governed by Section 18.390.030, after a demonstration that the proposal
complies with all development criteria in Sections 18.742.040A and 18.742.050 Al.
B. Type II home occupation permit. A Type II home occupation permit will be processed by means of a
Type II procedure, as governed by Section 18.390.040, after a demonstration that the proposal
complies with all development criteria in Sections 18.742.040A and 18.742.050 A2. and subject to
the following approval criteria:
1. Is in conformance with the standards contained in this chapter; and
2. Will be subordinate to the residential use of the property; and
3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or
operation to neighboring properties and residents.
C. Conditions of approval. The Director may impose conditions upon the approval of a Type II home
occupation permit to ensure compliance with the requirements of this chapter. These conditions
may include, but are not limited to, the following:
1. Further limiting the hours, days, place and manner of operation;
2. Requiring site and building design features which minimize environmental impacts such as
noise, vibration, air pollution, glare, odor and dust;
3. Requiring additional building setbacks, and increased lot area, depth or width;
4. Further limiting the building area and outdoor storage used by the home occupation and
restricting the location of the use on the site in relationship to adjoining uses;
5. Designating the size, number, location and design of vehicle access points;
6. Requiring street right-of-way to be free at all times of vehicles associated with the home
occupation;
7. Requiring landscaping, buffering and/or screening, of the home occupation from adjoining uses
and establishing standards for the continued maintenance of these improvements;
8. Requiring storm drainage improvements, and surfacing of parking and loading areas;
9. Limiting the extent and type of interior or exterior building remodeling necessary to
accommodate the home occupation;
10.Limiting or setting standards for the location and intensity of outdoor lighting;
11.Requiring and designating the size, height and location of fences and materials used for their
construction;
12.Requiring the protection and preservation of existing trees, and other vegetation, watercourses,
slopes, wildlife habitat areas and drainage areas;
13.Limiting the type and number of vehicles or equipment to be parked or stored on the site; and
14.Any other limitations which the Director considers to be necessary or desirable to make the use
comply with the purposes stated in Sections 18.745.040 and 18.742.050.
•! •
18.742.070 Revocation and Expiration of Home Occupation Permits
A. Grounds for revocation. The Director may:
1. Revoke a home occupation approval if the conditions of approval have not been or are not being
complied with and the home occupation is otherwise being conducted in a manner contrary to
this chapter.
2. The Director shall approve the use as it exists, revoke the home occupation permit, or compel
measures to be taken to ensure compatibility with the neighborhood and conformance with this
chapter after reviewing a complaint. Complaints may be originated by the City of Tigard or the
public. Complaints from the public shall clearly state the objection to the home occupation, such
as:
a. Generation of excessive traffic;
b. Exclusive use of on-street parking spaces;
c. Other offensive activities not compatible with a residential neighborhood.
B. Cessation of home occupation pending review. If it is determined by the Director in exercise of
reasonable discretion, that the home occupation in question will affect public health and safety, the
use may be ordered to cease pending Hearings Officer review and/or exhaustion of all appeals.
C. Waiting period for re-application. When a home occupation permit has been revoked due to violation
of these standards, a minimum period of one year shall elapse before another application for a
home occupation on the subject parcel will be considered.
D. Invalidation of permit. A home occupation permit shall become invalid if the applicant moves his or
her residence.
18.742.080 Business Tax Certificate Required
A. Granting of business tax certificate. No business tax certificate will be issued for a home occupation
until:
1. The person wishing to engage in a Type I home occupation pays the one-time review fee and
agrees to comply with the provisions of this chapter; or
2. The applicant for a Type II home occupation has been approved and the application certifies that
the home occupation will be operated in strict compliance with the provisions of this chapter and
the conditions of approval.
Miscellaneous Permits 18.385-3 11/26/98
18.385.020 Home Occupation Permits
A. Type I home occupation permit. A Type I home occupation permit will be processed by means of a
Type I procedure, as governed by Section 18.390.030, after a demonstration that the proposal
complies with all development criteria in Sections 18.742.040A and 18.742.050 Al.
B. Type II home occupation permit. A Type II home occupation permit will be processed by means of a
Type II procedure, as governed by Section 18.390.040, after a demonstration that the proposal
complies with all development criteria in Sections 18.742.040A and 18.742.050 A2. and subject to
the following approval criteria:
1. Is in conformance with the standards contained in this chapter; and
2. Will be subordinate to the residential use of the property; and
3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or
operation to neighboring properties and residents.
•
C. Conditions of approval. The Director may impose conditions upon the approval of a Type II home
occupation permit to ensure compliance with the requirements of this chapter. These conditions
may include, but are not limited to, the following:
1. Further limiting the hours, days, place and manner of operation;
2. Requiring site and building design features which minimize environmental impacts such as
noise, vibration, air pollution, glare, odor and dust;
3. Requiring additional building setbacks, and increased lot area, depth or width;
4. Further limiting the building area and outdoor storage used by the home occupation and
restricting the location of the use on the site in relationship to adjoining uses;
5. Designating the size, number, location and design of vehicle access points;
6. Requiring street right-of-way to be free at all times of vehicles associated with the home
occupation;
7. Requiring landscaping, buffering and/or screening, of the home occupation from adjoining uses
and establishing standards for the continued maintenance of these improvements;
8. Requiring storm drainage improvements, and surfacing of parking and loading areas;
9. Limiting the extent and type of interior or exterior building remodeling necessary to
accommodate the home occupation;
10.Limiting or setting standards for the location and intensity of outdoor lighting;
11.Requiring and designating the size, height and location of fences and materials used for their
construction;
12.Requiring the protection and preservation of existing trees, and other vegetation, watercourses,
slopes, wildlife habitat areas and drainage areas;
13.Limiting the type and number of vehicles or equipment to be parked or stored on the site; and
14.Any other limitations which the Director considers to be necessary or desirable to make the use
comply with the purposes stated in Sections 18.745.040 and 18.742.050.
D. Grounds for revocation. The Director may:
1. Revoke a home occupation approval if the conditions of approval have not been or are not being
complied with and the home occupation is otherwise being conducted in a manner contrary to
this chapter.
2. The Director shall approve the use as it exists, revoke the home occupation permit, or compel
measures to be taken to ensure compatibility with the neighborhood and conformance with this
chapter after reviewing a complaint. Complaints may be originated by the City of Tigard or the
public. Complaints from the public shall clearly state the objection to the home occupation, such
as:
a. Generation of excessive traffic;
b. Exclusive use of on-street parking spaces;
c. Other offensive activities not compatible with a residential neighborhood.
E. Cessation of home occupation pending review If it is determined by the Director in exercise of
reasonable discretion, that the home occupation in question will affect public health and safety, the
use may be ordered to cease pending Hearings Officer review and/or exhaustion of all appeals.
F. Waiting period for re-application. When a home occupation permit has been revoked due to violation
of these standards, a minimum period of one year shall elapse before another application for a
home occupation on the subject parcel will be considered.
G. Invalidation of permit. A home occupation permit shall become invalid if the applicant moves his or
her residence.
• •
U.S Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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o 635 Capital Street NE, Suite 150
N !Salem, OR 97301-2540
PS Form 3800,January 2001 See Reverse for Instructions
p SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
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1. Article Addressed to:
D. Is delivery address different from item 1? ❑Yes
__--—__"_.,'5,enter delivery address below: ❑ No
ATTN: PLAN AMENDMENT SPECIALIST
Oregon Dept. of Land Conservation &Development
335 Capital Street NE, Suite 150
Salem, OR 97301-2540 I`
3. Service Type
i ( Certified Mail ❑ Express Mail
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4. Restricted Delivery?(Extra Fee) ❑Yes 1
2. Article Number 7001 114❑ 0001 9398 2 0 31 1
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PS Form 3811,August 2001 Domestic Return Receipt 102595-o1-M-2509
• •
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PS Form 3800,June 2002 See Reverse for Instructions
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1. Article Addressed to: If YES,enter delivery address below: ❑ No
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4. Restricted Delivery?(Extra Fee) ❑ Yes
2. Article Number
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•
• •
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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY `
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• Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 1? G es
1. Article Addressed to: 'a ~`
If YES,enter delivery address below: ❑ No
'f r,,
ODOT—Region 1, District 2-A •
Jane Estes, Permit Specialist `S?On, r_�
5440 SW Westgate Drive, Suite 350 3. Service Type �/
Portland, OR 97221-2414 �l O n
1�Certified Mail��ExprMail
❑ Registered ❑`Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
- -- j
l 2. Article Number 7002 2410 0003 7046 0620
(Transfer from service label)
PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509.
-'
ITJAL SURV6y REssacH
5usv€y fEsuL!rs
•
411
Home Occupations
♦ Survey of other jurisdictions -
♦ Standards and approaches vary
♦ City of Tigard amended HOP regulations in 1991
♦ Greatest issues related to S.Walker ley
8egaest-
• Traffic
• Impact on neighborhood
• Equity with all types of instruction
♦ Traffic
• Dwelling Unit= 10 vehicle trips per day
• 6 customers = 12 vehicle trips per da
• 60 customers per week=average 3L trips per day(5 days a week)
♦ Fees
• Established to cover cost of processing
• One time permit
. Home Occu •ation Surve
r Use
City Types Who Fee Expiration Deliveries Customers Employees Siz a Bus.Tax Hours Signs Prohibitions Notes
L
Tigard Type I Principal $30 None No more None None 528 sq.ft. $55 8 a— 10 p 11a 1.5 No auto repair, More than 1
Occupants ($172 than 3 per sq.ft. mech repair,junk allowed per
Only URB) week salvage, dwelling
fireworks
Type Principal $545 None - No more than One - $55 - - -
-
II Occupants ($883 6 per day
Only URB)
Beaverton No Permanent N/A N/A N/A 5 or less None N/A $50 N/A 2 sq.ft. No retail sales, - No permit is
Type Residents display graphics required if HOP
Only or banners doesn't reach
• Type,l l limits
(- Staff indicates
if more traffic,
`may not approve
Type Permanent $100 5 years N/A 6 or more One N/A $50 N/A - -
II Residents
Only
Lake Oswego Type I Family Only Only Yearly None N/A None 25%floor $75 N/A None Can't alter Staff says under
Bus. Lic. area neighboythood broad
character parameters of
neighborhood
charter would
deny or prohibit
if too much traffic
and neighbor
complaints
King City Type I Tenants Only Bus. Lic. Yearly None None None N/A $100 first N/A None N/A Code says home
year office generating
$50 each no traffic to site
add'I year and no outward
appearance of
business
Portland Type I Residents Bus. Tax. 2 years 8 a—5 p None None None 2.2%of net 7 a—9 p 10 feet -No repair,
Only income over engines, vehicles
$25, 000 - Dispatch
services
- - No HOP if have
necessary
dwelling unit
Type Residents Bus. Tax. 2 years 8 a—5 p No more than One None '/ 7 a—9 p 10 feet - -
II Only _ 8 per day
L
City Types Who Fee Expiration Deliveries Customers Employees Size Bus.Tax Hours Signs Provisions Notes
West Linn Type I Habitants $100 None No more No more than Up to 3 20%floor $430 if N/A None N/A -
than 5 per 5 per day area or employees
day including 300 sq.ft.
including delivery,
customers excluding
pupils
Type II Habitants $875 None No more No more than Up to 3 30%floor $30 N/A None N/A -
than 10 per 10 per day area or
day including 500 sq.ft.
including delivery,
customers excluding
pupils
ckamas Type II Residents $177 Annual N/A . . No more than No more than N/A N/A N/A 30 sq.ft. -Type II, no -Only Type II's
unty Only 5 vehicle trips 5, vehicles over are reviewed,
No more than - 11,000 lbs. rest are
5 -2 vehicles for accessory uses
repairs
Forest Grove Type I Family $59 for 10 10 years N/A Traffic not to N/A 20% of main N/A N/A None N/A -
Members years exceed building
(to be normal single
increased) family
Gresham Type I Permanent $25 Annual None None None 50%floor $36 7 a— 10 p None Vehicle repair New code
Residents (except area and
postal, maintenance,
FedEx, dismantling,
UPS) crew staging,
industrial
Type II Permanent $250 for 2 2 years None No Limit One 50%floor $36 7 a— 10 p None Vehicle repair New code
Residents years (except area and
,. postal, maintenance,
FedEx, dismantling,
UPS) crew staging,
_ industrial
Tualatin Type I Permanent See Notes See Notes Not over 2 Only by None N/A $50 N/A 1 sq. ft. C-6, CC, MC - No display
Residents ton trucks telephone or inside and M6 users -While Tualatin
mail, except window has code
counselors or provisions, they
tutoring do not process
permits and are
looking at
developing new
requirements