Ordinance No. 91-32 CITY OF TIGARD, OREGON
ORDINANCE NO. 91-
ORDINANCE TO AMEND AND REPEAL VARIOUS PROVISIONS OF THE COMMUNITY DEVELOPMENT
8 PERTAINING TO HOME OCCUPATIONS, CHAPTER 18.142.010 THROUGH 18.142.130 AND
2HAPTER 18.31.120 REGARDING NOTICE OF DECISION.
+?HEREAS, the City of Tigard finds it necessary to revise its Community Development
Zode periodically to improve the operation and implementation of the Code; and
WMREAS, the City of Tigard desires to add flexibility to and streamline the home
occupation process; and
WMREAS, the City of Tigard Planning Commission reviewed the staff recommendation
at a public hearing on September 23, 1991 and voted to recommend approval of the
amendment to the City Council; and
WHEREAS, the City Council held a public hearing on October 22, 1991 to consider
the amendment.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Community Development Code shall be amended as shown in Exhibit
"A". Language to be added is UNDERLINED. Language to be deleted
is shown in [Brackets].
This ordinance shall be effective 30 days after its passage by the Council,
approval by the Mayor, and posting by the City Recorder.
J_-SED: By U n&ill) YYtu.S vote of all Council members present after
being read by number and title only, this day of
1991.
f2.(iy (its
Catherine Wheatley, City Recor r
APPROVED: This J day of �L�L , 1991.
i
rald R. ar s, Mayor
Approved as to form:
City 4torney
16 L � 1 1
Date
ORDINANCE No. 91- 3 2
Page 1
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Chapter 18. 142
HOME OCCUPATIONS
Sections:
18.142.010 Purpose
18.142.020 Applicability and Exemptions
18.142.030 [Administration and Approval Process] Nonconforming Uses
[18.142.032 Nonconforming Uses]
[18.142.035 Permit Renewal: Applicability]
18.142.040 [Expiration of Approval: Extension of Time Revocation]
General Apnroval Criteria and Standards
18.142.050 [Approval Criteria] Type I and Tv-pe II Home Occupations
Defined
[18.142.055 Additional Requirements for a Home Occupation]
18,142.060 [Approval and Compliance for a Business Tax Certificate]
Permit_ Proc_edures for Type I and Type II Home Occupations
18.142.070 [Time Limit and Revocation] Submission Requirements for Type
II Home Occupations Applications
18.142.080 [Application Submission Requirements] Conditions Applicable
to Type II Home Occupation Approvals
18.142.090 Revocation and Expiration of Home Occupation Permits
18.142.100 Action Regarding Complaints and Violation of Standards
18.142.110 Notice of Decision and Appeals
18.142.120 Penalties
18.142.130 Business Tax Certificate Required
18.142.010 Purpose
A. It is the purpose of this chapter to [regulate home occupations in
residential, commercial, and industrial zones in a manner that
will ensure that the use is]:
[1. A secondary, lawful use to the primary residential use of the
premises upon which they are found; and]
[2. Not disruptive of the residential area. ]
[B. The purpose of this chapter is also to: ]
[1. Permit residents of the community a choice in the use of their
homes as a place- of livelihood and the production or
supplementing of personal income and family income; and]
[2. Establish criteria and development standards for home
occupations conducted in dwelling units and accessory
structures in residential, commercial and industrial zones. ]
[C. The standards contained in this chapter are intended to ensure
that home occupations will be compatible and consistent with the
dOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 1
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residential uses and will not have a detrimental effect on
neighboring properties and the neighboring residents. )
[D. The standards contained in this chapter are intended to promote
the efficient use of public services and facilities by ensuring
these services are provided to the residential population for
which they were planned and constructed rather than for commercial
or industrial use. ]
[E. 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 or without first
obtaining or ensuring that there has been obtained a permit for
such use in the manner provided by this chapter where a permit is
.-eauired.]
[F. It is not the intent of this chapter to regulate hobbies. A home
occupation is to be geared ultimately towards financial gain.
(Ord. 89-06; Ord. 87-20; Ord. 84-73; Ord. 83-52) ]
1. Permit residents an opportunity to use their homes to engage in
small-scale business ventures which could-not-be sustvned 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
18.142.020 r Exemptions] Applicability and Exemptions
A. 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.
[A. ] B. 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
farming contained in TDC Chapter 18.26 (Definitions) ;
3. [Not-for-profit hobbies;] "Hobbies which do not result in
payment to those engaged in such activity:
.TOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 2
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4. Proven nonconforming [use] home occupations as per TDC Section
18.142.032. (Ord. 90-41; Ord. 89-06; Ord, 87-20; Ord. 83-52)
18.142.030 [Administration and Approval Process] Nonconforming Uses
[A. The applicant of a home occupation proposal shall be the occupant
of the property. ]
[B. For a single home occupation carried on at two or more Tigard
residences, one joint business tax application shall be required
but each business partner_ must apply for a separate home
occupation permit. ]
[C. A preapplication conference with City staff is required in
accordance with Section 18.32.040.]
[D. Due to possible changes in State statutes, or regional or local
policy, information given by staff to the applicant during the
preapplication conference is valid for not more than six months:]
[1. Another preapplication conference is required if any variance
application is submitted six months after the preapplication;
and]
[2. Failure of the Director to provide any of the information
required by this chapter shall not constitute a waiver of the
standard, criteria or requirements of the application. ]
[E. The Director shall approve, approve with conditions or deny any
application for a home occupation. The Director shall apply the
standards set forth in Section 18.142.050 when reviewing an
application for a home occupation.]
[F. Notice of the Director's decision shall be given as provided by
Section 18.32.120. The decision of the approval authority may be
appealed in accordance with Subsection 18.32.310.A. (Ord. 89-06;
Ord. 87-20; Ord. 83-52) ]
A. Ongoing home occupations may be granted nonconforming status
provided that they were:
1. Permitted under County authority Drior to annexation to the
Cit1* and have been in continuous operation since initial
approval;
22.. Permitted under City authority_ »rior to 1983 and have since
been in continuous operation.
B. 1. A nonconforming-situation is further governed by TDC Chapter
18.132 (Nonconforming Situations) . Such use may continue
until the use is expanded or altered so as to increase the
ROME OCCUPATION ORDINANCE SECTION 18.142 PAGE 3
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level of noncompliance with the present City title. (Ord. 89-
06; Ord. 87-20)
2. The burden of proving a home occupation's nonconforming status
rests with the property owner or tenant.
C. Home occupations without City or County approval which cannot
Prove nonconforming, status shall be considered in violation of
this chanter and shall cease until the appropriate approvals have
been granted.
L-1-8.142-032 Nonconformina Uses]
[A. Certain types of use may be granted nonconforming status by the
City: ]
[1. Home occupations under County authority prior to annexation to
the City which have been in continuous operation, and which
have been, or would have been found to meet the County's
requirements; and]
[2. .Home occupations under City authority which have been in
continuous operation and which began operation prior to 1983. 1
[B. The burden of proving a nonconforming status which preserves
nonconforming rights, rests with the property owner or tenant.
Such a status is further governed by the regulations contained in
Chapter 18.132. Such use may continue until the use is expanded
or altered so as to increase the levelofnoncompliance with the
present City title. (Ord. 89-06; Ord. 87-20) ]
18.142.040 General Approval Criteria and Standards
A. All home occupations except those that have proven nonconforming
status shall observe the following criteria in addition to the
standards established for Tvpe I I and Tyne II Uses described in
Section 18.142.050 of this chapter.
1. Home occupations may be undertaken on, the princiyal
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 =cribration smoke dust
odors. heat or glare noticeable at or beyond the Rroperty line
resulting from the operation Home occupations shall observe
the provisions of TDC Chanter 18.090 (Environmental
Performance Standards) ;
4. The home occupation shall be operated entirely within the
dwelling unit and a conforming accessory structure._ The total
.IOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 4
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;;. 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
[use] and associated storage of materials and products shall
not occupy more than 25 percent of the combined residence and
accessory structure gross floor area. The indoor storage of
materials or products shall not exceed the limitations imposed
by the provisions of the building, fire, health and housing
codes;
9. 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 and be in conformance with TDC Chapter
18.144 of this title;
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 25 percent of the combined gross floor area of the
residence and accessory structure 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 judgement of the Fire Marshall 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 marshall for review the Material
Safety Data Sheets which pertain to all notent i a T ly toxic
and/or flamable 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:
ate. Auto--body repair and painting.
b. Ongoing 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
.TOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 5
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vehicle of not more than three-quarters ton GVW may be harked
outside of a structure or screened area.
18.142.035 Permit Renewal_ L--Applicability]
[A. Home occupation permits issued under the provisions of this title
shall expire after one year and an application for renewal of the
permit shall be filed with the City prior to the expiration date
to continue lawful operation of the home occupation business. The
permit renewal application shall be approved or denied in
accordance with the provisions set forth in Section 18.142.040. ]
[B. Home occupation permits which received City approval prior to
November, 1983 but may be nonconforming as defined in Chapter
18.132 or Section 18.142.032 shall be renewed annually. The
permit renswal application shall be approved or denied in
accordance with the provisions set forth in Section 18.142.040. ]
[C. Home occupation businesses which existed without a valid home
occupation permit prior to November, 1983 shall apply for a home
occupation permit under the provisions of this chapter or prove
nonconforming status as per Section 18.142.032. The original
permit shall be valid for one year and shall be renewed annually
prior to the expiration date under the provisions of Section
18.142.040. (Ord. 89-06; Ord. 8;-20; Ord. 83-32) ]
18.142.050 Tvpe I and Type II Home Occupations Defined
A Home occupations shall be administered as either Type 'I or Type II
uses. A separate home occuAation permit and/or fee is required
for each property on which a Type II home occupation is
undertaken. In ,addition to the eneral criteria outlined in
Section 18.142.040 home occupations shall observe the followincr
additional standards:
1. Type I Home Occupations- A Type I home occupation shall
exhibit no evidence that a business is-beinq conducted from
the premises. A Tyne I home occupation shall notpermit
A-. Outside volunteers or employees to be enaacale
in the business activity other than the persons
principally residing on the premises;
b. Exterior sianaae which identifies the property as a
business location
C. Clients or Customers to visit the premises for any
reason:
d. Exterior storage of materials
IOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 6
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2. TTyae II-Ho e 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 iremises:
C. No more than six daily customers or clients. Customers
and clients may not visit the business between the hours
Of 10.00 p m and 8:00 a.m.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:
f18.142.040 Expiration of Approval: Extension of Time Revocation]
[A. Approval of a home occupation by the Director shall be effective
for a one-year period.]
[B. The Director shall renew the permit upon: ]
[1. Application and payment of a fee by the applicant; and]
[2 Finding that:]
[a. All of the conditions of approval have been satisfied;]
[b. There has been no change in the original application
approved by the Director;]
[c. There have been no changes in the facts or applicable
policies on which the .approval was based; ]
[d. The applicable approval criteria in Section 18.142.050
are satisfied; and]
[e. The applicant certifies that he/she is complying with the
conditions of approval and agrees to comply in the
future. ]
[C. The Director shall give notice of the renewal as provided by
Section 18.32.120 of this title only in the case where a real or
1011E OCCUPATION ORDINANCE SECTION 18.142 PAGE 7
alleged violation has been reported to the Planning Division. The
decision may be appealed as provided by Subsection 18.32.310.A.]
[D. The Director may revoke a home occupation approval if the
conditions are not satisfied as provided by the original home
occupation permit or the most recent renewal. ]
[E. A home occupation permit shall become invalid: ]
[1. Should the property on which the original home occupation
permit was based be sold or legally transferred to a family
member who is not a resident of the home; or]
[2. If the applicant moves his residence. (Ord. 89-06; Ord. 87-
20; Ord. 83-52) ]
18.142.060 Permit Procedures for Type I and Type II Home Occupations
A. Tv$e I and II Home Occupations: A person wishing to engage in
a Tyne I or Type II home occupation must be a principal occupant
of the property, pay a one-time review fee to the City, agree to
abide by the provisions of this chapter, and acquire an annum
Business Tax Certificate.
B. Additional Permit Procedures for Type II Home Occupations: A
person wishing to engage in a Type II home occupation is required
to have a pre-application conference with City staff in accordance
with TDC Section 18 32 040 and is also required to submit an
application and a fee.
1. The decision to approve, approve with conditions, or-deny -an
application for a Type II home occupation permit shall be made
by the Community Development Director upon findings of whether
or not the proposed use:
a. Is in conformance with the standards contained in this
chapter;
b. Will be subordinate to the residential use of the
property;
C. is undertaken in a manner that is not detrimental nor
disruptive in terms of appearance or operation to
neighboring properties and residents.
2. The Director's decision to deny an application or approve it
with conditions may be appealed to the Hearings Officer.
3. Upon aRproval of a Type II home occupation application, the
Community Development Director shall issue a preliminary
notice of a roval and rovide notice of the same to the
Pp �
affected Neighborhood Planning Organization and property
COME OCCUPATION ORDINANCE SECTION 18.142 PAGE 8
owners within 250 feet of the property tine of the proposed
use. The decision shall be final within twenty days following
the day of mailing of notice unless appealed to the Hearings
Officer.
C. Appeals shall be made in accordance with TDC Subsection 18.32._310A
at a cost equal to sixty (60), percent of the City's standard
appeal fee. (Ord. 89-06; Ord. 87-20; Ord. 83-52) .
!8.142.050 Approval Criteria]
[A. Issuance of a home occupation permit shall be allowed only for
those home occupations which can successfully meet all of the
following approval criteria, without exception: ]
[1. The use shall be a lawful use which shall be carried on by the
occupants of the dwellings; ]
[2. The home occupation shall be operated: ]
[a. Entirely within the dwelling unit and a conforming
accessory structure. The use and storage of materials
and products shall not occupy more than 25 percent of the
combined residence and accessory structure gross floor
area. The total area used in the accessory building
shall not exceed 500 square feet. Any accessv Y bU1.1dAing
that is used must meet Uniform Building Code requirements
(t. and be in conformance with Chapter 18.144 of this title.
Variances to the accessory use requirements may be
applied for as per Chapter 18.134; and]
[b. More than one home occupation shall be allowed on any one
property only if the combined floor space usage of both
home occupations do not exceed 25 percent of the gross
floor area of the dwelling as calculated in this
subsection; ]
[3. The home occupation shall be- a secondary use to the primary
use of the residence as a dwelling; ]
[4. In residential zoning districts, there shall be no exterior
indication of the home occupation; no exterior siarns shall be
used; no other on-site advertising visible from the exterior
shawl be used which informs the public of the use except the
address of the home occupation may be displayed;)
[5. Home occupations in commercial and industrial zoning districts
may be permitted to erect a freestanding sign with a total of
eight square feet in area and six feet in height. Total
signage for walls shall not exceed four square feet. Such
}, MME OCCUPATION ORDINANCE SECTION 18.142 PAGE 9
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signs require a City sign permit as stipulated in Section
18.114.020 of this title; ]
[6. There shall be no outdoor storage or display of materials,
vehicles, or products on the premises. Indoor storage of
materials or products shall not exceed the limitations imposed
by the provisions of the building, fire, health, and housing
codes. The applicant shall be required to obtain approval
from the relevant fire district prior to storage of any
flammable or hazardous materials on the property; ]
[7. The use shall not include any retail sales other than
telephone sales; ]
[8. The use shall not involve direct sales or service from the
property necessitating customer, traffic to the residence; ]
[9. The home occupation shall not produce any noise or obnoxious
odors, vibrations, glare, fumes, electrical interference, heat
(detectable to normal sensory perception outside the
structure) , traffic or discharge of materials, gases, or
fluids into the sanitary sewer and storm drainage systems
which are either in excess of what is normally associated with
residential use or which exceed the performance standards set
forth in Chapter 18.90;1
[10. There shall be no other paid employees on the premises other
than those who are permanent residents of the dwelling;)
[11. The use shall not require any additional parking other than
that which is required for the residence; and]
[12. There shall be no more than three deliveries per week to the
residence by suppliers. (Ord. 89-06; Ord. 87-20; Ord. 83-52)]
18.142.070 Submission Requirements for Type II Home Occupation Applications
A. An application for a Type II home occupation shall be made on
forms provided by the Community Development Director and shall be
accompanied by:
1. One copy of the applicant's statement or narrative which
explains how the proposal conforms to the approval criteria in
Sections 18.142 040 and -18.142.050,-
2.
nd18.142.0502. The required fee;
3. A site plan of the property drawn to scale with a north arrow
indicated; The site plan shall show all major features of the
property including buildings, _major vegetation, access for
public streets, sidewalks, etc.
IOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 10
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4. One floor plan of all structures on the property which are to
be used for the home occupation(s) ;
5. One title transfer instrument;
6. One assessor's map;
7. Property owner's signature(s) or written authorization. (Ord.
89-06; Ord. 87-20; Ord. 86-23; Ord. 83-52)
18.142. [055] 080 [Additional Requirements for a Home Occupation] Conditions
Applicable to Type II Home Occupation Approvals
A. The Community Development Director may impose conditions [on the
approval of a home occupation permit which he finds are necessary
to ensure the use is compatible with other use in the vicinity.]
upon the approval of a Type II home occupation permit to ensure
the requirements of this chapter are complied with. 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 [areas], and increased
lot areas [or lot] depth or width;
4. Further limiting the building area (extent] and outdoor
storage used by [of] the home occupation [use] and restricting
the location of the use on the site in relationship to
adjoining_ uses,-
5.
ses;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 [at all times] associated with the home occupation;
7. Requiring landscaping, buffering and/or screening, [drainage,
and surfacing of parking and loading areas] of the home
occupation from adioinina uses and establishing standards for
the continued maintenance of these improvements.-
B.
mprovements;8. Requiring storm drainage improvements and surfacing of
parking and -loading.-areas;
[8. ] 9. Limiting the extent and type of interior or exterior
building remodeling necessaxy to accommodate the home
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occupation;
fOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 11
[9. ] 10. Limiting or setting standards for the location and
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intensity of outdoor lighting;
[10. Requiring berming, screening, or landscaping and the
establishment of standards for their installation and
maintenance; ]
11. Requiring and designating the size, height, location, of
f ences and materials [for fences] used f.or their construction;
12. Requiring the protection and preservation of existing trees,
[soils, ] 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 18.142. [050] 040 and 18.142.050.
(Ord. 89-06; Ord. 87-20)
[18.142.060 Approval and Compliance for a Business Tax Certificate]
[A. No business tax certificate will be issued for a home occupation
until the homy occupation application is approved and the
applicant certifies that the home occupation will be operated in
strict compliance with the provisions of this chapter and the
conditions of approval. (Ord. 89-06; Ord. 87-20; Ord. 83-52) ]
118.142.070 Time Limit and Revocation
[A. The Director may approve a home occupation application subject to
a specific time period at the termination of which there shall be
a renewal application to determine if all of the conditions and
provisions of this chapter have been satisfied. The permit shall
be renewed if all of the conditions have been satisfied. ]
[B. The Director may revoke a home occupation approval if the
conditions are not satisfied as '-provided by the original home
occupation permit or the most recent renewal permit. ]
[C. Failure to pay the annual renewal fee shall result in the
assessment of an additional five dollar processing fee if paid
within 30 days after the due date; or revocation of the home
occupation permit if not paid within 30 days 'after the due date.
(Ord. 89-06; Ord. 87-20; Ord. 83-52) ]
j_18.142.080Application Submission Reguirements]
[A. An application shall be made on forms provided by the Director and
shall be accompanied by: ]
TOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 12
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[1. One copy of the applicant's statement or narrative which
SL explains how the proposal conforms to the standards in Section
18.142.050; 1
[2. A list of names and addresses of all persons who are property
owners of record immediately abutting the site;]
[3. The required fee; ]
[4. One plot plan of the property; ]
[5. One floor plan of all structures on the property; ]
[6. One title transfer instrument; ]
[7. One assessor's map; ]
[8. The application form; and]
[9. Property owner's signature(s) or written authorization. (Ord.
89-06; Ord. 87-20; Ord. 86-23; Ord. 83-52) ]
18.142.090 Revocation and Expiration of Home Occupation Permits
A. The Community Development Director may revoke a home occupation
approval if the conditions of a�,proval have not been or are not
being complied with and the home occupation is otherwise being
conducted in a manner contrary to this chapter. The rocess for
revocation shall be as providedfor in Section 18.142.120.
B. When a home occu ation permit has been revoked due to violation of i
these standards a minieriod of one year shall elapse before
another a lication for a home occupation on the sub ect arcel
will be considered.
C. A home occupation permit shall become invalid if the applicant
moves his or her residence.
18.142.100 Action Re ardin Com laints and Violation of Standards
A. All home occupations are subject to review by the Tigard Community
Development Director.
B. Complaints Complaints ma Y be originated by the Cites of Tigard or
the public Camplaints from the public shall clearly state the
objection to the home occupation such as:
1. Generation of excessive traffic:_
2. Exclusive use of on-street parking spaces:
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!OME OCCUPATION ORDINANCE SECTION 18.142
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3. Other offensive activities not compatible with a residential
neighborhood.
E, Review of Complaints: Complaints shall be reviewed by the
Director. The Director shall either approve the use as it exists,
revoke the home occupation vermitL or compel measures to be taken
to ensure compatibility with the neighborhood and conformance with
this Chapter. The operator of the home occupation may appeal the
Director's decision to the Hearings Officer.
D. Cessation of Home Occupation Pending Review: If it is determined
by the Community Development Director in exercise of reasonable
discretion, that the home occupation in guestion will affect
public health and safety the use may be ordered to cease pending,
Hearings Officer review and/or exhaustion of all appeals.
Violation of. such an order shall be deemed a violation of this
code and subject to penalties as described in Section 18.142.140.
E. Notice of Appeal Hearing: Written notice of a hearing on an
appeal of the Director's decision to either revoke or not revoke
a home occupation permit shall include its date, time and place
and shall be given to the nroperty owner(s1 and the person(sl
undertaking, the use if other than the owner(s) . Written notice
small also be given to property owners within 250 feet of the use
and the affected Neighborhood Planning Organization, and the
complainant(,sl , if any.
F. Hearings Officer Review: The Hearings Officer shall -either
approve the use as it exists. revoke the vezmit, or compel
suitable restrictions and conditions to ensure compatibility with
the neighborhood.
18.142.110 Notice of Decision and Appeals
A. Written notice of the Hearings Officer's or Community Development
Director's decision and associated findings shall be sent to the
person(s) undertaking the activity, the property (if different
than above)_. and Dersons participating in the above proceedings
B. The determination of the Community Development Director or
Hearings Officer shall become final unless appealed.
18.142.120 Penalties
A. Non-compliance with the orders of the Community Development
Director or Hearings Officer, as referred above, is an infraction
punishable by TMC Section 1.16.370.
18.142.130 Business Tax Certificate Required
t [OME OCCUPATION ORDINANCE SECTION 18.142 PAGE 14
i"
A. No Business Certificate will be issued for a home occupation
e until:
1. The person wishing to enaaae in a Tvpe I home occupation paha
the one time review fee and aarees to comply_ with the
provisions of this chapter-1--gr-
2.
hapter; or2. The application for a Type II home occupation has been
approved and the applicant certifies that the home occupation
will be operated in strict compliance with the provisions of
this chapter and the conditions of approval.
18.32.120 Notice of Decision by Director
A.l.b.iv. Type II Home Occupations (Ch 18 142.060.b.3. 1
C. All owners of record of property immediately abutting a site
subject to the following types of director's decisions:
(i) Temporary Uses;
[ (ii) Home Occupations; ]
[ (iii) ] Jila Flexible Setback Variances;
[(iv) ) (iii) Lot Line Adjustments, and
[ (v) ] iv Administrative Variances
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TOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 15
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