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ZOA91-0002 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. 1.1 3 - A1T 91-- 3 • ..',',...:,..:,„..',.7.:4.4.',. Jam. Ilgr... 1 w. .W-t'•.. ...,....: ii 1 ,' 1 ,71 t",....; Y ?;� t _ '. .4'..., ,∎..I • p I 4. • i i 1. ',h, • n{ a .,�. i { t 34 _ �- •V 'tie • . , _ CITY OF TIGARD, OREGON ' P RESOLUTION NO. 82-125 (4 { A RESOLUTION OF THE TIGARD CITY COUNCIL PRESCRIBING NEW PLANNING FEES AND .f.= , CHARGES MD REPEALING RESOLUTION NO. 79-7 & 79-9. WHEREAS, The City of Tigard has adopted planning ordinances pursuant to Chapters 227 and 92 of the Oregon Revised Statutes; and- `` WHEREAS, the adopted planning ordinances require that for the purpose. of defraying the expenses arising from or incident to investigation, evaluation and processing of application fees and charges be prescribed; and i:: j.; 4. '� WHEREAS, Ordinance No. 82-72 granted the City Council the authority to set ' rates for fees and charges. p, {-e NOW, THEREFORE, i . BE IT RESOLVED by the Tigard City Council that: ': SECTION 1s Resolution No. 79-7 b 79-9 be repealed in their entirety and . that fees and charges for planning applications be levied according to the following new schedule attached as Exhibit "A". ' PASSED: This __ day of 1??,kp,il, , 1982, by the Tigard City Council. w Mayor - City of Tigard r ATTEST: �p��p YA • ', J • r e City -corder - i y of r rd Iii .". :, E RESOLUTION NO. 82-125 / 4: t EXHIBIT A ' COMPREHENSIVE PLAN PROCESSING Text Only $450 . ,�i Map Only $650 Both Text and Map $10OV ZONE CHANGE PROCESSING Two Acres or Less $350 Two to Ten Acres $750 Ten or More Acres $1250 plus $75 per acre over 10; not to Y° exceed $2000 PLANNED DEVELOPMENT PROCESSING ,,; a,F � ; Preliminary Plan Review $450 General Plan Review $550 ' CONDITIONAL USE PROCESSING Conditional Use review $300 . '' Home Occupancy $ 25 TEMPORARY USE PROCESSING One to Three Months '% . by Planning Director $ 50/month ° i' e Three Months to One Year t by Planning Commission $150 ..• Special Exemption for ;: Non-Profits -0- �, VARIANCE (ZONING) PROCESSING '� ' Approval by Hearing Officer $300 Administrative Variance $200 = SENSITIVE LANDS PROCESSING j i Sensitive Lands Review $500 '( Y."' SITE DESIGN REVIEW PROCESSING . !f i Under $10,000 $ 75 ' . $100,000 - $499,999 $300 0.. $500,000 - $999,999 $400 $1,000,000 or more $500 plus $1 per $10,000 over $1 million; not to exceed $2000 . °I LAND DIVISION PROCESSING al CD Minor Land Partitions • uJ Residential $150 • '..' Non-Residential $300 Subdivision & Major Land Partitions Preliminary Plat $250 plus $5 per lot Final Plat $100 plus $1 per lot i 4 t OTHER PROCESSINGS Street/Land Dedication $100 • ' Street/Land Vacation •$250 . Review by Planning Commission $150 plus transcript cost h s •. Review by City Council $275 plus transcript cost . * iriar,e7 ,,,,:, CITY OF TIGARD, OREGON VV cx-sk... 4 . 1 RESOLUTION NO. 91�-Q) ✓tn :'C •- A RESOLUTION OF . TIGARD CITY COUNCIL PD USTING ES AND CHARGW471. 4L FCT C. S J'S /3'-n "'� TS R?PEALING RESOLUTION NO. 87-159`� YdG�f`E&�FF;C�� �����N ' New o2pr—NCE. �fYa-Mt- -e�'S, tde-n ,,►nnv� 2 S' t v ti- akr c� ,' WHEREAS, the City of Tigard has adopted planning ordinances pursuant to Chapters "' 227 and 92 of the Oregon Revised Statutes; and 4 1 WHEREAS, the adopted planning ordinances require that for the purpose or defraying the expeneee arising from or incident to investigation, evaluation and processing applications, fees and charge be prescribed; and ; =, { WHEREAS, Section 3.32 of the Tigard Municipal Code grants the City Council the r authority to set rates for fees and charges by resolution; and r WHEREAS, the Tigard City Council on September 24, 1984 moved to set rates for -...4. fees at 80% of average cost- and b�C J -1-�.. 'TT 7 r �Q. r 1"- 0. c id-N,c- x o 4� nJ 2,s-- (.4=.,N4-,-.,e, WHEREAS, the-see pravl. .. .ery cefs have c ailed' sine. ..-,0, +; d c rraa .,ere ,art-update,and is2ce v,`.t r►,ee.i C. ;mire' .. .+.. (zit-men-1v - ee / 7 9/ ram B 1 the-er€ectki ed—fees 'art ee e-t. 3.99,. ' '' NOW, THEREFORE, BE IT RESOLVED the Tigard City qouncil that: ,` + X55 i -, Section 1 Resolution No.8! La to be-repealed in its entirety and Fees and Charges shall a levied according to the attached new schedule, . "Exhibit A. Section 2: This resolution shall. be effective on and after the first day of .. February, 1991. tf PASSED: This c o day of / /.1-e a, 1 191. WY .,, , % ' Mayor -`City of Tigard L . ATTEST: -e-1: 1/.- . 42t"7.,tt___ : to 4 City Recorder City of Tigard br/FeeRes.ksl J RESOLUTION NO 91- 0/ _ _ - - Page 1 EXHIBIT •A" • { 4APPEALS, Director's Decision to Planning Commission $235.00 , . costs Planning Commission/Hearin s Off. to Council �' 9 9 $315.00 ; transcript ;_ BLASTING PERMITS . . . . . . . $125.00 ' . COMPREHENSIVE PLAN PROCESSING , Text only, Map only, or both . . $675.00 t .: ~ CONDITIONAL USE PROCESSING • ,_ Conditional Use Review $365.00 •: ' FLEXIBLE SETBACK STANDARDS . . . . . . . . . . $ 80.00 4 ^`+' HISTORIC OVERLAY DISTRICT $ 80.00 ' • ,a. HOME OCCUPATION Original Permit .T P 4:4t. . . . $ 5' . 'O /'.J .0 • ^ Renewal . ;11 INTERPRETATION OF COMMUNITY DEVELOPMENT CODE . . .. $. 55.00�yearz�, c�-a. by Community Development Department LAND PARTITION Residential and Non-residential. . . . . . . $235.00 LOT LINE ADJUSTMENT . . . . . . . . . $50 00 ;; PLANNED DEVELOPMENT PROCESSING "' Conceptual and detailed plan review . . . $500.00 y: ,:.-., SENSITIVE LANDS f;, Flood plain $520.00 Wetlands/Steep slopes/Drainageway . . $235.00 I SIGN CODE EXCEPTIONS $230.00 SIGN PERMIT 0-24 sq. ft. . . . . . . . . $ 10.00, •r .. 24-100 sq. ft. $ 25.00 ; 100 + sq. ft $ 35.00 y;,':'-:.:1 Temporary signs . . . . . . . . . . . . . . $ 10.00 each sign b SITE DEVELOPMENT REVIEW Under $10,000 $ 80.00 $ 10,000 - $ 99,999 $155.00 $ 100,000 - $499,999 $315.00 ,r $ 500,000 - $999,999 . . . . . . . . . $415.00 ,'" - $1,000,000 or more $520.00 + $1 per $10,000 over $1 million not to exceed $2000. .. SUBDIVISION PRELIMINARY PLAT $415.00 + $5/lot Subdivision Variance, if needed . . . $105.00 TEMPORARY USE Director' Decision $ 50.00 Special exemption/Non-Profit . . . . . . . $ -0- I TREE REMOVAL PERMIT $ -0-- •`vi -:..-1-'''. - VACATIONS 'j?s Streets and public access $300.00 deposit - actual �;: �.> costs charged VARIANCE } - , Administrative . . . . . . . . . . . . $80.00 Sign Code $230.00 ZONE CHANGE ANNEXATIONS Cd : Less than 10 acres $520.00 10 acres or more $625.00 ZONE CHANGE PROCESSING Less than 10 acres $520.00 , . 10 acres or more . . . . . . . . . . . $625.00 l ZONE ORDINANCE AMENDMENT $310.00 rte CO LIJ JOINT APPLICATION PLANNING FEE 100% of highest planning `° fee plus 10€ of all additional planning fees related to the proposal. ,,: brlResl.ksl 4 4' x 1 4 . . . f Newsletter Article { � HOME OCCUPATIONS The City of Tigard recently revised its home occupation requirements. Home Occupations are small-scale business ventures conducted within a dwelling unit. Effective November 28, 1991, 1. there are two types of Home Occupations called Type I and Type II. Type 1 Home Occupations are those exhibiting no evidence of a f,' business. Type I Home Occupations do not allow: `' o employees or volunteers other than those residing at the dwelling unit .; o exterior signs . 'Any o clients or customers ,.; o external storage To gain approval for a Type 1 Home Occupation, an applicant need ,= only to complete a City application, agree to meet the Type I " standards and conditions and pay the required fee. �s ; Type II Home Occupations may show limited evidence of a business being conducted. As such, approval requires notification of + a adjacent property owners within 250 feet. Conditions of approval k°', may be required including limitation of hours of operation, site and building design features, limitation of area, landscaping and others to minimize impact. Approval generally requires about three n 1 weeks for processing. y, Type II Home Occupations allow: o a 1.5 square foot sign e. °' F o one employee or volunteer not residing at the dwelling } o up to six daily customers or clients o storage if entirely screened from view a. a A significant change in the new provisions is that neither the. Type en . 1 or Type II Home Occupation requires renewal after obtaining co approval. Approval is good for the life of the business unless it 1' is revolked for violation of home occupation conditions and standards. Home Occupation businesses still, however, require an Annual Business License. If you have any questions, please call Victor Adonri of the Community Development Department at 639-4171. ' ete a `4t I .:� 7 '' J a i t i 1 '1 4 ' .'- l '']% -,. v-4 1 r e. e. ., , , .. . - t• e a ., _ .. ., y i„, Newsletter Article ;: HOME OCCUPATIONS The City of Tigard recently revised its home occupation . -44 requirements. Home Occupations are small-scale business ventures conducted within a dwelling unit. Effective November 28, 1991, -y there are two types of Home Occupations called Type I and Type II. Type I Home Occupations are those exhibiting no evidence of a business. Type I Home Occupations do not allow: , o employees or volunteers other than those residing at the -5.4 -.� ; dwelling unit ' o exterior signs Y o clients or customers T s t ' o external storage To gain approval for a Type I Home Occupation, an applicant need r only to complete a City application, agree to meet the Type I standards and conditions and pay the required fee. Type II Home Occupations may show limited evidence of a business '' being conducted. As such, approval requires notification of A;- adjacent property owners within 250 feet. Conditions of approval 'F%may be required including limitation of hours of operation, site a and building design features, limitation of area, landscaping and others to minimize impact. Approval generally requires about three weeks for processing. :"? 411 410 . t.�� A i CITY OF TIGAROp OREGON CASE NO. --ii -J�J n-* ,' :RECEIPT NO.: - 4% ' HOME OCCUPATION PERMIT RENEWAL xA=` CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639-4171 , This renewal application shall include the following: of"' . 1. The required fee as established by the City Council ( .00). , ,% 2. One (1) copy of the sheet of questions with responses - No application for renewal will be accepted unless it is accompanied by all of the above. "4 APPLICANT: BUSINESS NAME: ADDRESS: 1 Y > TAX MAP AND LOT NO. EXPIRATION DATE OF HOME OCCUPATION PERMIT: EXPIRATION DATE OF CURRENT BUSINESS TAX CERTIFICATE: . rt'z Y' HOME TELEPHONE NUMBER: BUSINESS PHONE: . EXPLAIN THE NATURE OF THE BUSINESS...BE SPECIFIC... , This renewal application shall be submitted to the Planning Department for review. Certain conditions may be added to the approval of this permit. 0. To continue operation of your business, you must also maintain a current Business Tax Certificate. "' CC If approved, your Home Occupation Permit Renewal will be valid for one year and shall be renewed annually. You will be notified in the mail of the -, Director's decision. The decision may be appealed as provided by 18.32.310(b) of the Code. CD (Signature) (Date) -- ;. PLEASE COMPLETE ALL. QUESTIONS ON THE BACK OF THIS FORM. 0257P/0021P ' Revd: 5/87 4 • • TO APPLY FOR A HOME OCCUPANCY RENEWAL PLEASE ANSWER THE FOLLOWING QUESTIONS: 1. Do you have any paid employees who don't reside at the home? l 2. Do ou have customers/clients coming to Y g your residence? If so how many per day? 3. Do you have deliveries or pickups made of products or supplies to your ' 4 residence? If so, how many and what type? 4. What will your hours and days of operation be? 5. Does the business generate any noise which can be heard outside of the structure? • a.: 6. How many square feet is your residence and how many square feet are devoted to the operation of your business, including storage areas? 7. What vehicles are associated with the business that are garaged at the residence? • 8. Do you store any materials, vehicles or products outdoors at the premises in conjunction with the business? ,; °—' 9. Do you have any signs or advertising visible from the exterior of the premises? "y CO 10. Please show the floor layout of your house and the area used for your home occupation on the attached graph paper. Please designate those areas J which are utilized 1) entirely for the home occupation and 2) partially for the home occupation. Please designate the approximate dimensions of the room(s) used for the home occupation. 11. Have you made any changes to your business since your original application as approved by the Director? r (dmj/0257P) }a 4or p17 Y 1 1lr Ye4+0•1r.^) 6'. HOBS OCCUPATIONS , t '� The City of Tigard recently revised its home occupation ; ' requirements. Home Occupations are small-scale business ventures rF k conducted within a dwelling unit. Effective November 28, 1991, there are two types of Home Occupations called Type I and Type II. Type I Home Occupations are those exhibiting no evidence of a i, business. Type I Home Occupations do not allow: o employees or volunteers other than those residing at the dwelling unit A o exterior signs { , . o clients or customers o external storage 5? To gain approval for a Type I Home Occupation, an applicant need only to complete a City application, agree to meet the Type I Y ' standards and conditions and pay the required fee. Type II Home Occupations may show limited evidence of a business 9 -. being conducted. A,s such, approval requires notification of r , adjacent property owners within 250 feet. Conditions of approval may be required including limitation of hours of operation, site and building design features, limitation of area, landscaping and '': others to minimize impact. Approval generally requires about three ' „ weeks for processing. r - Type II Home Occupations allow: ' ' • ,r o a 1.5 square foot sign x4 o one employee or volunteer not residing at the dwelling 14 ;. o up to six daily customers or clients ' a. o storage if entirely screened from view Qe A significant change in the new provisions is that neither the Type , I or Type II Home Occupation requires renewal after obtaining approval. Approval i.s good for the life of the business unless it ;-: is revol.ked for violation of home occupation conditions and - ea standards. Home Occupation businesses still, however, require an en Annual Business License. If you have any questions, please call Victor Adonri of the Community Development Department at 639-4171. a S FFF �d f 0 1 ,r'_. i� 4- . . fSIDEerraAL HOME OCCUPATION CITY OF TIGIMD OREGON < This t ti al a . :g .tope y own of r d hat a ow ', '.-re (a) ve en r d f.: a le,,,:_ pat. Permit. • BeaSineSS Name: i32 Eauint Cony. Inc. File No.: HOP 91-0001 Name of Applicant: Richard V% Larkin Property Address: 112350.SW Katherine Street e 4 .e Tax Nap: 221 3BD Lot No.: 4900 Zone: R-4.5 009140e DATE: 12/31/91 Nature of Business: Distributing com any for elastic storage tanks ,, '. !'; a Natice...L.a...h•s, r . 'X 'a n : . .li'z ::.n , . - ..r a .l esiva-.. _ Jhas--APPROVD-' 'S`H pation. , Thee Home Occupation is subject to the following conditions: 4° S �lie/b '1 . .. -ee. 1. The Home Occupa ion use an storage of materials d g products s 11 not h occupy more than 5 pence of theNresidence gross floor area. / ' 2. a use shall be a sec dart' use to he pr use of the use as a t � r idence. 3. Thee shall be no pai.. employees working 'n the home in con unction with ' =s the usiness who are residents of the ''owe. t 4. There shall be no cust -rs or ellen .- •gyring to tie residence in P � i ., conjun ion with t a busi se. 5. There rah-11 be n. signs or -dvertisin: visible from . e exterior of the premises. 6. There shall be no outdoor stor. a 0, materials, ve^'cles, or products on the premise= Indoor storage or Materials or pr.0 is shall not exceed the liinitati s imposed by the p o visions of th- Bui ing, Fire, Health, and Housing es. 111 7. There s .-11 be noise,. •.noxious ..:o •=, vibrations, are, fumes, electri.al interfe.ence, h- t (detect. .1- to normal senso perception outsid= the structu e), t :ffic, and d'r charge of materials, gases,. or fluid: ,into the rani.ary sewer or sto n drainage systems whi h are in excel= of what is no 1 associated ith esidential uses. ` S. The Home Occupation Pe, ,'t shall be enewed a nually. .'�. 9. A •uuiness tax shall be pa'14 ennua ly for the business. 25- e(N 6 h v Y.,e. 0 C,C.karp �-i-►'-o•.,a A-Yz L < tiNc o s J c clir° . e‘) v.a,�,-, $.4 at it-k-% AA s 3-F5-'re a'i-1-D r ! 4. 4, r4 1., a ') 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 . , L `3 1.. .l., ki .A= ... 1..:'r "I ,l ,, ' ` f A . # - .... t h{ , K S 1i t• / S If at of the preceding conditi•ne arq/no. met, this Home Oc .ation Permit will be irN) .iately invalidated. + ` `':A Notice wa= posted at City all and mailed to: ' •. XX The .pplicant and owners. XX • • -re of record within the . ed distance XX a�.. Th affected Neighborhood Pl. •� . rg Organization XX A-fected governmental agencie `- T E DECISION S...(:. :: FIERY. ON FEBRUARY 16, '. , 1 SS 101 APPEAL PILED. • • .. Any party to the ieion may appeal thin d- isi on in .ccordance th Section ' N. 16.32.370 of the 6....., ■i ty Development Code ixich provid- = that a • itten appeal Y twist be filed th t'•e CITY RECORDER with a 10 days of '_ notic is given and ' sent. 1, The deadline or filing ,f an appeal i- 3:30 PH _ , . i r 3 : If you hay any questions, lease . =11 the City of Tigard .:' i, g Department, ;,. •;' T i g a r d Ci Hall, 13125 SW :,._1 El ,,., PC Sox 23397, Tigar.:, Ore v on 97223, 639- ° 4171. 1- -� Attik PREP • -+?• BY: • n Pomeroy, 6• elo,:-at Assistance DATE Planner ith S. Liden, Senior 'Tanner DA APPROVED {.. : bha/SOP91-O1.131II�1 ,1 : ,,. J c: f 5.., es � cam,t..f/.v-�r s. { e Jam- ci t.)-4.,, L, / 4.t M `. caor..•r°•,1 't :O rt c9. Q`FA.. - ' 9 { 6fri.c,/c,„,),(2,„. 070 -c--'•1 (2:7P-'s l 9 ` - - ! r Y _ ., _i.,,,,�, •y1 .4 i�"7 .f._ iY ,� . , , op-- ‘,12.,..#1.0.4-aw-4..41,4/1 0... eomig,44m-p--G-A-pw '..7-- 7 , i. }:-.:.'Yr. HOME OCCUPATION PERMIT y Permit #.....A.....: H0P90-0002 DATE ISSUED: / / . ; 1 Parcel • 2S1148A-01000 Zoning: R-4.5 } , Business Name.....: GRI_MSON COMPANY, INC. ., Business Address..: 09970 SW SERENA .'...'-':4.:.2.:: Applicant Name....: PAUL GRINSTAA r.'. Nature of Business: Office for saner -,actor,, ''''''':4:" '" Business Tax No...: H0P90-0002 . .t :,:` ` t ,d# !�c as"g'I=24W$4a s7!tt==asAae= oR -- ----._ _mom `�' L _ wow �� , This Home Occupation is subject to the following conditions: I" ' v..� t, 1. The Home Occupation use and storage of materials and products shall not occupy more than 25 percent of the residence gross floor area. '''.. ..' 4'... 4 2 The use shall be a secondary use to the primary use of the house as a " residence. ,` y:4),..1*.jo. 3. There shall'be no paid employees working in the home in conjunction with the business who are not residents of the home. r' * 4. There shall be no customers or clients coming to the residence in conjunction with the business. , :; 5. There shall be no signs or advertising visible from the exterior of the "T �" premises ;,, G. There shall be no outdoor storage 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. ., • f7; i 7. There shall be no noise, obnoxious odors, vibrations, glare, fumes, electrical interference, heat (detectable to normal sensory perception „;: outside the structure), traffic, and discharge of materials, gases, or x. fluids into the sanitary sewer or storm drainage systems which are in excess of what ia: normally associated with residential uses. _s'. 4 8 The :tome Occupation Permit shall be renewed annually.. s ;. `.. 9. A business tax shall be paid annually for the business. ; � • +' If any of the preceding conditions are not met, this Home Occupation Permit ;. M woo • will be immediately invalidated. Oi 1 cANT": t , LU J, , . a ..a'.x•- ? 4 c +x J : .„ tt ' 1- 4 7' 1 t.; > xY, r` t' `.; Chapter 18.142 , � i a 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 Approval Criteria and Standards 18.142.050 [Approval Criteria] Type I and TyIT Home Occupations _ Defined , :' [18.142.055 Additional Requirements for a Home Occupation] f ': 18.142.060 [Approval and Compliance for a Business Tax Certificate] Permit Procedures for Type I a yp __ nd T, pe I z Home Occupations 18.142.070 [Time Limit and Revocation] Submission Rguirements for Tgpe II Home Occulaations applications s 18.142.080 [Application Submission Requirements] Conditions Applicable 1, t pe II Home Occupation Approvals 18.142,090 Revocation and Ex.iration of Home Occupation Permits 18°142.100 Action Regarding Complaints and Violation of Standards 18.142.110 Notice of Decision and Apis 18.142.120 Penalties 18.142.130 Business Tax Certificate Re. ired d d ' t 18.142.010 Purpose 4 '' ; 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 ', $ v premises upon which they are found; and] [2. Not disruptive of the residential area. ] 1 [B. The purpose of this chapter is also to: ] i ie 2, [1. Permit residents of the community a choice in the use of their co homes as a place of livelihood and the production or supplementing of personal income and family income; and] 03 [2. Establish criteria and development standards for home 0 occupations conducted in dwelling units and accessory u structures in residential, commercial and industrial zones.] f [C. The standards contained in this chapter are intended to ensure ; that home occupations will be compatible and consistent with the HOME OCCUPATION ORDINAaiCE SECTION 18.142 PAGE 1 ua 'smalwllss nil • i L 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 i s of, contrary to the provisions of this chapter or without first obtaining or ensuring that there has been obtained a permit for S ','' such use in the manner provided by this chapter where a permit is \ _ required. ] [F. it is not the intent of this chapter to regulate hobbies. A home y� occupation is to be geared ultimately towards financial gain, ..'s:,N. " (Ord. 89-06; Ord. 87-20; Ord. 84-73; Ord. 83-52) ] 1. Permit residents an o2oortunity to use their homes to engage .in a �z°. small-scale business ventures which could not be sustained if it 1, a were necessary to lease commercial quarters ec , or bause the nature ,.: M' of the activity would make it impractical to exg_and to a full- ., . S i scale enterprise; and .1 c, s'. sr 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 grot�erty and are conducted in a manner t that is not detrimental or disru.tive in terms of a. .earance or 4 aperationn to neighbors Properties and residents. '` 18.142.020 j„Exemptioans] A licability and Exemptions B. 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 F of, contrary to the provisions of this chapter. [A. ] B. Exemptions from the provisions of this chapter are: 1. Garage sales; a ' E ? 2. For-;•ro f it •roduction of •roduce or other food .roducts drown �; w on the premises. This mad! include temporary or seasonal sale ,, of produce or other food products grown on the premises. a 5 Fermin. activities shall be consistent with the definition of farming contained in TDC_Chapter 18.21(Definitions - . lig 3. [Not-for-profit hobbies; ] Hobbies which do not result in payment to those engaged in such activity' t s, s BONE OCCUPATION ORDINANCE SECTION 18.142 PAGE 2 x, i Z" 1.s 't u. 1 try �" � t i '•� 1 ?:t =7 . , " ♦ !' r a t M 4 Proven nonconforming [use] home occusations as :•er TDC Section 18.142.032. (Ord. 90-41; Ord. 89-06; Ord. 87-20; Ord. 83-52) 18.142.039_ fAdininietration and Approval Frocess1 Nonconforminq Uses [A. The applicant of a home occupation proposal shall be the occupant ice' 4 of the property. ] • '`r [B. For a single home occupation carried on at two or more Tigard :: residences, one joint business tax application shall be required 4 ' 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 ' k; policy, information given by staff to the applicant during the preapplication conference is valid for not more than six months:] • ',e ., [1. Another preapplication conference is required if any variance application is submitted six months after the preapplication; z `v and) I [2. Failure of the Director to provide any of the information ,1; required by this chapter shall not constitute a waiver of the standard, criteria or requirements of the application. ] y` [E. The Director shall approve, approve with conditions or deny any • ;, application for a home occupation. The Director shall apply the a, standards set forth in Section 18.142.050 when reviewing an 4 ', 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 maybe . , ;e,,y,' appealed in accordance with Subsection 19.32.310.A. (Ord. 89-06; ,�� Ord. 87-20; Ord. 83-52) ] A. Ongoing home occu.ations ma. be 'ranted nonconformin. status provided that they were: • M 1. Permitted under County authority prior to annexation to the x ed City and have been in continuous operation since initial to approval; h 2. Permitted under City authoritv,�rior to 93 and ave since w J to been in continuous operation. B. 1. A nonconformin. situation is further soverned by TDC Chapter 18.132 (Nonconforming Situations) . Such use may continue ,: - until the use is expanded or altered so as to increase the HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 3 f 1 • .' l's` . .,. .P Z. .:'''" ;l`'„ "V . .1- . .3 4' *. 1 x .. .. ,4 G + 4 ,. d, x level of noncompliance with the present City title. (Ord. 89- f. , 06; Ord. 87-20) { 2. The burden of proving a home occuoation's nnonconforminc status rests with the •ro•ert. .owner or tenant. e. J J Co Dome occupations without Cites or County approval which cannot .rove nonconformin. status shall be considered in violation of F; this chapter and shall cease until the appropriate approvals have • '' been granted 118.142.032 Nonconforming Uses] { <; [A. Certain types of use may be granted nonconforming status by the • '� Cityc ] a: ` [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. ] [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 34 4 Chapter 18. 132. Such use may continue until the use is expanded or altered so as to increase the level of noncompliance with the *' t present City title. (Ord, 89-06: Ord. 87-20) ] 1, 18.142.040 General A..roval Criteria and Standards A. All home occupations exce.t those that have proven nonconformin. } status shall observe the followin• criteria in addition to the standards established for A_•e I and A•a II Uses described in Section 18.142.050 of this chapter. ) '' 1. Home occupations mdy b nl e undertaken oy by the principal >v occupant(s) of a residential prot�ert ®. l r 2. There shall be no more than three deliveries per week to the � residence by suppliers; .. s is y - 2. 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 t the p Chaffer rovisions of TUC Cher 18.090 (Environmental r''- Performance Standards) ; 4. The home occupation shall be operated entirely within the , r dwelling unit and a conforming accessory structure. The total HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 4 ':t .3 . 4 Y': r; "- .. /. , • 0 .,' ;; area which may be used in the accessory building for either erial product storac�,e and/or the business activit y shall not, exceed 528 square feet. Otherwise, the home occu ao tign ;.''. [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; �� 6 A home occu.ation shall not make necessa: a chance in the Uniform Buildin. 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; 't 6. More than one business activity constituting two or more home occupations shall be allowed on one .ro•ert on1 if the combined floor s.ace of the business activities does not f,_ exceed 25 percent of the combined 'rose floor area of the s,;` '- residence and accessorgstructure. Each home occupation shall apples for a separate home, occupation peryl t o if required as eta r this chapter, and each shall aa.so have separate Business Tax Certificates; 7. There shall be no storageand/or distribution of toxic or "; ,p. flammable materials, and spray ainting or spray fini.shing operations that involve toxic or flammable materials which in :_•, the ud ement of the Fire 1�iarshall „pose a dangerous risk .to the residence, its occu ants. ang_L_ r surrounding properties. . - { ti4:` Those individuals which are en.a.ed in home ocou pations shall }-- make available to the fire marshall for review the Material 4, Safety Data Sheets which pertain to all goten►tially toxic and/or (namable materials associated with the use. .:; 8. No home occuQation shall reouire ate► on or off-street barking other than that normally rei.red for a residence• , ee. 9. The following uses are not allowed as home occupations: a. Auto-body repair and„,p intinc� - , IL g b. Qngoing mechanical repair conducted outside of an ch entirely enclosed building, c. .junk and salvage operations. of to t- w d. Storage andpor sale of fireworks. 1 0. There shall be no exterior storage gf vehicles of any kind used for the businessexce..t that one commerciall licensed { e ;;';'_; HOME OCCUPATION ORDINANCE SECTION 18. 142 PAGE 5 f A 0 • 1:. , . ..:. .. ,, .. - _ :.,, ., vehicle of not more than three-quarters ton Wig may be parked outside of a structure or screened area. } L142.035 Permit Renewal: Applicabi1itSr] 5 4 [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 i 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 renewal application: shall be approved or denied in accordance with the provisions set forth in Section 18.142.040. ] 'j [C. Home occupation businesses which existed without a valid home occupation permit prior to November, 1983 shall apply for a home i' occupation permit under the provisions of this chapter or prove � A si ' 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 r _> 18.142.040. (Ord, 89-06; Ord. 87-20; Ord. 83-32) ] 18.142.950 Type T and Type I1 Home Occupations Defined 5 x A. Home occupations shall. be administered as either Tempe 5 or T pE II uses. N separate home occu ion permit and/or fee is required i °; , a for each property on which a Type II home occupation is . undertaken. In addition to the eneral criteria outlined in n Section 18.142.040, home occupations shall observe the followi g {z; z^ ' additional standards: s j .�.t ; s 1. Type I Home, Occu coons a A Tye 5: home occupation shall � :. exhibit no evidence that a business is being conducted from -'s the premises. A T y p e Y h o m e occupation shall not R e m i t: t 1 i . . .•t; a. Outside volunteears or employees to be engaged ;; ,: ', in the business activity other than the persons a. rinci all residing on the premises s t A to b gt a . Exterior sinae whichaidentifies _the property as a business locations c. Clients or Customers to visit the premises for an 0 reasons ai ', d. Exterior storage of materials HONE OCCUPATION ORDINANCE SECTION 18.142 PAGE 6 a 4 , i� x_ 1,.. a ,„ �.' •' y ;' t -r t g- -SID ; 2 2 II Home Occu.ations: Pro.ert on which a ,es II home 1 , ' occupation i;s located may show evidence that a business is er., * i beinc conducted from the premises, wherefore the llowin fog is ; +4 allowed for e II home occu ations: a. One non-illuminated aicn, not exceedinea 1.5 s feet,. p which shall be attached to the residence or accesso ..1 ' /:: structure or �l iced in a window: t b, No more than one outside volunteer or employee who is not a ranci al resident of the premisegi :,:, J11 K : c_. No more than six daily customers or clients nstomers 4 .;1" and clients may not visit the business between the hours of 10:00 • .m. and 8:00a.m.and. shall not .enerate e ' excessive traffic or moncoo,ze on-street ags incr. i . { d. tora.e of materialsi goods and ermaipment which is , ', ew screened entirely from vi b a solid fence. Storm e ? shall not exceed five percent of the total lot area and ".,w` shall not occur within the front yard or the required .a-0.4 side side yard setback, d 118.142.040 Expiration of Aporoniai r Extension of Time Revocation] j [A. Approval of a home occupation by the Director shall be effective for a one-year period. ] [E. The Director shall renew the permit upon:] a; , } '+ [1. Application and payment of a fee by the applicant; and] f:, [2. Finding that:] [a. All of the conditions of approval have been satisfied;] '` [b. There has been no change in the original application . ..:''c approved by the Director; ] (C. There have been no changes in the facts or applicable - policies on which the approval Was based; ] a.- [d. The applicable approval criteria in Section 18.142.050 are satisfied; and] y. ni [e. The applicant certifies that he/she is complying with the CD conditions of approval and agrees to comply in the future. ] [C. The Director shall give notice of the renewal as provided by t Section 18.32.120 of this title only in the case where a real or HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 7 1- 4' i , . , .. ... . ,. , .... , , 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 ` 4 J > conditions are not satisfied as provided by the original p � 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 ita J. permit was based be sold or legally transferred to a family +1 member who is not a resident of the home; or] 4'- [2. If the applicant moves his residence. (Ord. 89-06; Ord. 87- ti 20; Ord. 83-52) ] ].8_.1_42.060 Permit Procedures for TyLoe I and Tie II Home Occupations A. Type I and II Home Occupations s_ A person wishing to engage in a T pe 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 r *1 ..; abide by the provisions of this chapter, and acguire an annual i Business Tax Certificate. A. Additional Permit Procedures for Tie II Home Occupations: A =' person wishing, to engage in a Type II home occupation is required to have a pre=api►i.ic;lttion conference with Cit: staff in accordance S < with TDC Section 18.32.040 and is also re.. fired to submit an application and a fee. ' ` 1. The decision to approve, approve with conditions, r deny an applicati on for a Tt�r3e II Tome occupation germit shall be made • ' by the Comxnuni.t pevelopment Director u X �n findings of whether ' ,r j` or not the proposed use: a.. Is in conformance with the standards contained in this i chapter a t ? b. Will be subordinate to the residential use of the property: d '< c. Is undertaken in a manner that is not detrimental nor cry disruptive in terms of appearance or operation o neighboring properties and residenns 2. The Director's decision to dept' an application or approve it with conditions may be appealed to the Hearings Officer. 3. U.on a. 'roval of a . , II home occu.ation as.slicat on, the '' Community Development Director shall issue a preliminary notice of a. .roval and •rovide notice of the same to the affected Neighborhood Planning Ar nization a3nd property 1 t. HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 8 F4 :. { a 1 i' •i _.._ ) .. 1 ' Y - t 4 as < r 'r , h ;s. • } owners within 250 feet of the property line of the proposed use. The decision shall be final within tamntda„ys fall®wanes{ the day of hailing of notice unless appealed to the Hearings Officer. C. .Appeals shall be made in accordance with TDC Subsection 182,310A // at a cost equal to sixty(6 ercent of the City's standard , ApepseCI. fee. (Ord. 89-06; Ord. 87-20; Ord. 83-52) . ,4.; 13_,...142_,059 A proval 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 exceptions ] ` (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: ] ,. r\ [a. Entirely within the dwelling unit and a conforming e ` accessory structure. . The use and storage of materials ,r ' * 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 accessory building rr that is used must meet Uniform Building Code requirements ; and be in conformance with Chapter 1$.144 of this title. yk 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 ' -1, e property only if the combined floor space usage of both home occupations do not exceed 25 percent of the gross A floor area of the dwelling as calculated in this ,.- , subsection; ] J -. [3. The home occupation shall be a secondary use to the primary use of the residence as a dwelling; ] r M [4. In residential zoning districts, there shall be no exterior ,_: indication of the home occupation; no exterior signs shall be A used; no other on-site advertising visible from the exterior shall be used which informs the public of the use except the . es '' 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 e` signage for walls shall not exceed four square feet. Such HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 9 a _ j r signs require a City sign permit as stipulated in Section ;, 18.114020 of this title;] t- s [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 4; by the provisions of the building, fire, health, and housing A 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 ` T.. ,{ property necessitating customer traffic to the residence;] [9. The home occupation shall not produce any noise or obnoxious odors, vibrations, glares fumes, electrical interference, heat (detectable to normal sensory perception outside the w ee 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 a. i forth in Chapter 18.90; 4 ] 4 . p [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) ] 4 ' 18.142.070 Submission Re. irements for a.e II Home Occu•ation Applications A. An application for a Tye II home occugatiorz shall be made on ,'. forms provided by the Community Development Director and shall be - accompanied by: '; a. ;< 1. One copy of the applicant's statement or narrative which 4'; explains how the proposal conforms to the a�prnval criteria in CO Sections 18.142.040 and 18.142.050: t -.1 2. The required fee; L: CQ 3. A site p?an of the property drawn to scale with a north arrow Indicated. The site plan shall show all ma or features of the ,. 4 property including buildings, ma or vegetation, access for .ublic streets sidewalks etc. r , '- - HOME OCCUPATION n.:DINANCE SECTION 18.142 PAGE 10 8 1 . .,., .- ., . • ,.,,.:,.., e el ..... „,,, La'.-.L ... 4. One floor plan sf all structures on the property which are to be used for the home occupations • 5. One title transfer instrument; 6. One assessor's map; 7. Property owner's signature(s) or written authorization. (Ord. a� 89-06; Ord. 87-20; Ord. 86-23; Ord. 83-52) 18.142. [055] 080 [Additional Requirements for a Home Occupation] Conditions • Applicable try Type II Rome Occupation iipprovals A. The Community Development Director may impose conditions [on the oe- ;' 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 Tie II bone occupation permit to ensure the regnigements of this chapter are complied with. These , .`. conditions may include, but are not limited to the following: � ' _ 1. Further limiting the hours, days, places and manner of operation; 4 ,.' 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 area [or lot] depth or width; 4. Further limiting the building area [extent] anC outdoor w _ storage used by [of] the home occupation [use] and restrictins r :? 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 [at all times] associated with the iFiome occupation; "` i 7. Requiring landscaping, hufferina and/or screening, [drainage, a- and surfacing of parking and loading areas] of the home • occupation from adjoining uses and establishing standards for : the continued maintenance of these ins rovements; T 8. Requiring stomm drainage improvements. anad surfacing of CD uj parkins , and loading areas L .� [8. ] 99.. Limiting the extent and type of interior or exterior building remodeling necessary to accommodate the home occupation; `" HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 11 • (9. ] 10. Limiting or setting standards for the location and 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 fences and materials [for fences] used for their construction; :. 12. Requiring the protection and preservation of existing trees, [soils, ] and other vegetation, watercourses, stoves, 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) eeel, 18.142.060 Approval and Compliance fora Business Tax Certificate] [A. No business tax certificate will be issued for a home occupation until the home occupation application is approved and the applicant certifies that the home occupation will be operated in ,en strict compliance with the provisions of this chapter and the ee conditions of approval. (Ord. 89-06; Ord. 87-20; Ord. 83-52) ] X18.142.070 Tame 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. ] , [R. The Director may revoke a home occupation approval if the conditions are not satisfied as provided by the original home a. 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 i., 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; OLd. 87-20; Ord. 83-52) ] LLI [18.142.080 Application Submission Requirements] [A. An application shall be made on forms provided by the Director and shall be accompanied byz ] HONE OCCUPATION ORDINANCE SECTION 18.142 PAGE 12 [1. One copy of the applicant's statement or narratS..ve which rt ` explains how the proposal conforms to the standards in section 18.142.050; ] [2. A list of names and addresses of all persons who are property , owners of record immediately abutting the site; ] ' [3. The required fee;] n [4. One plot plan of the property; ] [5. One floor plan of all structures on the property;] a 3-1 [6. One title transfer instrument; ] [7. One assessor's map; ] [8. The application form; and] 4; [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 Ex.iratton of Home Occupation Permits m ::;' Al. The Community Develo p ant Director may revoke a home occupation approval if the conditions of _approval have not been or are Hot , " being complied with and the home osculation is otherwise being ;, conducted in a manner contrary to this chaster. The .rocess for f' revocation shall be as .rovided for in Section 18.142.120. B. When a home occupation permit has been revoked due to violation of . these standards _a ma nn_u period of one year shall elapse before ^ . another application for a home occupation on the subiect_,parcel .42 . . . . will be considered. j. ; i, C. A home occupation permit shall become invalid if the applicant :,-''''I-4. moves his or her residence. : 18.142.100 Action Re.ardi.n• om lairnts and violation of $tandarda A. All home occu.ations are sub;ect to review b the Tie and Comm unit a Development Director. i fa B. ;Complaints: Comrplaints may be originated by the City of Tigard or the public. Complaints fom r the_pp. li.c shall clearlyMate the the ob action to the home occuatpion, such as: ca' 0 i 1. Generation of excessive traffics 2. Exclusive use of on-street parkins uses; HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 13 3' P S ! T 'A. R , 3. Other offensive activities not coma�atible w lth a residential neighborhood. X C. Review of Complaints: Com.laints shall be reviewed by the • Director. The Director shall either a. .rove the use as it Mists, revoke the home occupati p on erarmit or com.el measures to be taken to ensure compatibility with the neighborhood rind conformance with this Chapter. The operator of the home occupation may appeal the Director's decision to the Hearings Officer. ti D. Cessation of Home Occupation Pend n_g Review: If it is determined • by the Community Develo ment Director in exercise..of reasonable discretion, that the home occupation in question will affect W public health and safetv, .the use may be ordered to cease pending Hearings Officer review and/or exhaustion of all appeals. µ Violation of such an order shall be deemed a violation of this ‘, `' code and sub ect to .enalties as described in Section 18.142.140. 7 • E. Notice of A. •eal Hearin.: Written notice of a hearin. on an , ' ;` a.•eal of the Director's decision to either revoke or not revoke ;, a homeoccuoation permit, shall include its date, time and place d and shall be iven to the property owner(s and the person(s) undertaking the use if other than the owaner(s Written notice shall also be •iven to •ro:ert owners within 250 feet of the use 4. and the affected Neighborhood Planning Organization, and the s>` co mplainantl s) , if any F. Hearings Officer Review: The Hearin•s Officer shall either approve the use as it exists revoke the .ermit or com.el ; suitable restrictions and conditions to ensure compatibility with the neighborhood. 1- .; 18. 142.110 Notice of Decision and Appeals A. Written notice of the Hearings Officer's or Communit Develo•ment Director's decision and associated findings shall be sent to the !e person(s) undertaking the activity,_ the groperty (mf different a'' J than abovel, and persons gar tic i ag tine in the above proceedings. z: B. The determination of the Community Development Director or t Of Hearings Officer shall become. final unless s sealed t 18. 142.120 Penalties • A. Non-com-•liance with the orders of the Communit_ Development Director or Hearin•s Officer as referred above: is aninfraction 0 au guni.shable by TMC Section 1.16.370. 18. 142.130 Business Tax Certificate Re._ ired - L Jw HOME OCCUPATION ORDI +TANCE SECTION 18.142 PACE 14 _ 't -. _ .i", .. a1, k . , k•�t .. Y.. .s. ... i.. Y A. No Business Certificate• will be issued for a home occu a iog until : 1. Th croon wishin• to en.a•e in a i.e I home occu.ati.on .a s the one-time review See an aegrees to comply with tha provisioans of this cha tern or '' to 2. 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 ai.rector A.l .iy. Type II Home OccuRations . a 142.060 12:3. 9 %. :,7-!,,, 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) ] (ii) Flexible Setback Variances; ( (iv) ] (iiil Lot Line Adjustments, and [ (v) ] (iv) Administrative Variances Ai \kelly\ch18142a i cc OWN .3 . \,. HONE OCCUPATION Ol'T)INANCE SECTION 18.142 PAGE 15 „:..":- . i . �;i:.. n �.., i u - L, i, t .Y a �.Y Y J'=. .. ? S•Li . i Newsletter Article HOME OCCUPATIONS 3 • 3; . ' The City of Tigard recently revised its home occupation .;;. requirements. Home Occupations are small-scale business ventures conducted within a dwelling unit. Effective November 28, 1991, there are two types of Home Occupations called Type I and. Type II. Type I Home Occupations are those exhibiting no evidence of a business. Type I Home Occupations do not allow: o employees or volunteers other than those residing at the Ari dwelling unit , ' o exterior signs o clients or customers o external storage � =; To gain approval for a Type I Home Occupation, an applicant need ,` only to complete a City application, agree to meet the Type I standards and conditions and pay the required fee. Type II Home Occupations may show limited evidence of a business - being conducted. As such, approval requires notification of r , , adjacent property owners within 250 feet. Conditions of approval ='t ` may be required including limitation of hours of operation, site ' and building design features, limitation of area, landscaping and 'j" others to minimize impact. Approval generally requires about three weeks for processing. k . Type II Home Occupations allow: o a 1.5 square foot sign 4 o one employee or volunteer not residing at the dwelling o up to six daily customers or clients 4, M is o storage if entirely screened from view co A significant change in the new provisions is that neither the Type . I or Type II Home Occupation requires renewal after obtaining $u' „, approval. Approval is good for the life of the business unless it - is revolked for violation of home occupation conditions and CD standards. Home Occupation businesses still, however, require an ,- Annual Business License. To cover the cost of review, the fee for a Type I Home Occupation awl , (-\, is $20. For a Type II Home Occupation, it is $100. If you have any questions, please call Victor Adonri of the 4 Community Development Department at 639-4171. ; . k { -0 'ti R 44 i:.. .. .4 s :..3 .% r : a r 4 4 4 4. 4 a „; =t: :1,':ll'.: a -•�-�� RESIDENTIAL LPG CITY.,::::�. • OF I i. a .4 HOME OCCUPATION ”' x NOTICE OF DECISION OREGON ti This is to notify all abutting property owners of Y•. record, that the below named person(s) ee have been approved for a Some Occupation Permit. : Business Name: B2 Equiemert Comoanv. Inc. File No.: HOP 91-0001 Name of Applicant: Richard V. Larkin ' Property Address: 12350 SW Katherine Street r Tax Map: 2S1 3BH Lot No.: 4900 gee-el-NE Zone: R--4.5 EBNBW a-SAS: '12/31/91 ?' Nature of Business: Distributin• corn an for elastic storage tanks . { i + Notice is hereby given that the Planning Director's Designee for the City of Tigard has APPROVED this Home Occupation. t This Home Occupation i�.s subject to the following conditions ii 43 • { 1. The Home Occupation use and storage of materials and p oduc : shah. not rte, 1, occupy teem than 25 percent of the residence gross floor ar;a. . \f' ,` 2. The use s all be a secondary use to the primary use of he house as a 1f ., residence. "' 3. There shall ,.e no paid employees working in the home in conjunction with t ; Yfj the business -ho are not residents of the home. ,,r 4. There shall no customers or clients com g to the residence in -,e'e''''''II conjunction wit the business. { 5. There shall be n. signs or advertising vie .•le from the exterior of the premises. F ' ' 6. There shall be no outdoor storage of m erials, vehicles, or products on the premises. Ind..r storage of materials or products shall not exceed + L the limitations ias. sed by the prow sloes of the Building, Fire, Health, ape Housing Codes. Cl • J 7. There shall be no no>se, bnoxious odors, vibrations, glare, fumes, electrical interference at (detectable to normal sensory perception outside the structure), raffia, and discharge of r- terials, gases, or e fluids -into the sanita zewee or storm drainage systems which are in excess-of what is no fly •esociated with residential uses. +` B. The Home Occupatio Permit 8 all be renewed annually. e 9. A business tax s` all be paid annually for the business. ,,a r,,,,J 1 ,, 13125 SW Hall Blvd.,P©.Box 23397,Tigard,Oregon 97223 (503)639-4171 - • :• 1;.. .. , ,4 ,• r i. : tl- 4:''''' ° 1 . i. is t'-* i . • is 8 r " .. yP If any of the preceding conditions are not met, this Home Occupation Perma.t will be immediately invalidated. " Notice was posted at City Hall and mailed to: X1 The applicant and owners. :' XX Owners of record within the reglaired distance Yx The affected Neighborhood Planning Organization • WC Affected governmental agencies; THE DEC/SION' SHALL BB Fxw i ON FEBRUARY 16, 1991 , ASS AN ,APPS IS AILED. Alty party to the decision may,appeal this decision in accordance with Section 18.32.370 of the Community Development Cede which provides that a written appeal '; met be filed with the CITY RECORDER within 10 days after notice i0 given and sent. a The deadline for filing of an appeal is 3:30 PH pEBRuAtzw i ti. 7 gA1 If you have any questions, please call. the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Illvd., PO Dox 23397, Tigard, Oregon 97223, 639- 41/1. /- ``� -c=7/ PREPARED BY: *.-n Pcmercy, D .De.elopment Assistance DATE Planner b Keith S. Lidea, Senior Planner DA APPROJED A . bkm/HOP 91-©3.DKX eg �; s.k • _ i I- 7. 5 7 w it A3 el a AP/014 /O-Z9--9, 411 410 - '4 y G-f'y co wino . Chmgter 18.142 $,. HOL OCCUPA'T'IONS Sections: 18.142.010 Purpose 18.142.020 AmakolaLLLMAJA Exemptions 18.142.030 [Administration and Approval Process] Nonconforming Uses a [18.142.032 Nonconforming Uses] , [18.142.035 Permit Renewal: Applicability] a 18.142.040 [Expiration of Approval: Extension of Time Revocation] ' Genera], Approval Criteria and Standards 18.142.050 [Approval Criteria] Type I an type 7[I Home Qccu ations 7. Defined [18.142.055 Additional Requirements for a Home Occupation] 18.142.060 [Approval and Compliance for a Business Tax Certificate] Permit Procedures for e I and Type II Home Occupations 18.142.070 [Time Limit and Revocation] Submission Requirements for Tvpa II Home Occupations Applications 18.142.080 [Application Submission Requirements] onditions Applicable r to A.e II Home Occupation Approvals 18. 142.090 Revocation and Exp tion 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 , "a premises upon which they are found; and] . : [2. Not disruptive of the residential area. ] F. t. [H. The purpose of this chapter is also tos ] , 1 [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 ` La occupations conducted in dwelling units and accessory in 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 i HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 1 • 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 i < 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 • h such use in the manner provided by this chapter where a permit is required. ] '' [E. 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) ] £'t 1.. Permit residents an opportunity to use their homes to- engage in small-scale business ventures which could not be sustained if it were necessaur to lease commercial guartersLeor because the nature ,,' { of the activit r would majece_ it impractical to expand to a full scale enterprises and i � �f 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 a that is not detrimental or disruptive in terms of appearance or or .. Qperation_to rae3.cf lboring properties and residents. 18.342.020 JExemnptions] Applicabi its anc Exemptions `t: 4. B. 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. I - .' [A. ] B. Exemptions from the provisions of this chapter are: m 1. Garage sales; r; 2. For-profit production Qf produce orother food taroducts grown L on the premises. This array include temporary or seasonal sale of produce or other food products grown on the premises. a Fermin• activities shall be consistent with the definition of Ell C.9 farming contained in TDC Chapter 18 26 ita (Defitions) ; •Y 3. [Not-for-profit hobbies;] Hobbies which do not result in payment to those ended in such activity; s . ' .. . HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 2 3 4. Proven nonconforming [use] home occupations as ,per TDC Section 18.3.42.032.. (Ord. 90-41; Ord. 89-06; Ord. 87-20; Ord. 83-52) 18.142.030 [Administration and Approval Process,j Nonconforming Uses , [A. The applicant of a home occupation proposal shall be the occupant i: T of the property. ] 4 [E. 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 'e. accordance with Section 18.32.040. ] ' 1 [D. Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the F ` 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. Fail ure 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. ] $ ' i [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 ,, 4' 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 " 1 appealed in accordance with Subsection 18.32.310.A. (Ord. 89-06; y:' Ord. 87-20; Ord. 83-52) ] '; :<r A. Ongoin me g ho o pa ccutions may be ranted nonconforming status `; provided that t y were: 1. Permitted under County authority prior to annexation to the '. City and have been in contimmuLjappration since initial },. proval L r 2. Permitted under City authority prior to 1983 and have since Ea been in continuous o eration. ! B. 1. A nonco on nforming situati is further governed by TDC Chapter 18.132 (Nonconforming Situations e . Such use may continue " until the use is expanded or altered so as to increase the ' HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 3 a J 1 , , . J level of noncompliance with the present City title. (Ord. 69- s 06; Ord. 87-20) ..f r . 2. The burden of proving a home occupetion's nonconforming status rests with the property owner or tenant. A:+ C. Dome occupations without City_ or County approval which cannot prove nonconformlin. status shall be considered in violation of y this chapter and shall cease until the ar gpooriate approvals hove ^ been granted. 318.142.032 Nonconforming Uses] [A. Certain types of use may be granted nonconforming status by the City:] [1, Home occupations under County authority prior to annexation to `=i1 the City which have been in continuous operation, and which ~` ' have been, or would have been found to meet the County's $ d• requirements; and] [2, Home occupations under City authority which have been in : ' }; continuous operation and which began operation prior to 1983. ] ' [B. The burden of proving a nonconforming status which preserves nonconforming rights, rests with the property owner or tenants 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 level of noncompliance with the _k~ 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 nonconforminga 0. •..rf status shall observe the followin• criteria in addition to the standards established for Tvoe I and Type II Uses described in Section 18.142.050 of this chapter. 3. Home ovations may be undertaken only by the principal occupants) of a residential pertys a° 3. There shall be no more than three deliveries � per week to the �s residence by suppliers; j3. There shall be no offensive noise vibration smoke dust -i odors, heat or glare noticeable at or beyond the property line CO resultin. from the o.eration. Home occupations shall observe Lid the provisions of TDC Chapter 18.090 (Environmental Performance Standards, 4. The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure. The total. HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 4 1C-° 9 1 1 i ...ii ,„ 1 .. . . . e 0 .... -„... -... , ,. .. t . ... area which nbay be used in the accessory building for either ,- material oroduct storage and/or the business activity shall L'' "=a not exceed 528 square feet. Otnerwiee, 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 gloss floor area. The indoor storage of ii 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 chance in the Uniform Building Code use classification of a dcuelling unit. Any accessory building that is used must meet Uniform Building o Code requirements and be in conformance with TDC Chapter ,$ 18.144 of this title; _ More than one business activity constituting taro or mlore home occurations shall be allowed on one •ro•ert onl if the combined floor spage of the business activities does not x exceed 25 percent of the comb ..nevross floor area of the as residence and accesso structure. Each home occupation shall aptly for a _separate home occupation eperglt, if required as e ,''' per this chapter, and each shall also have seuarate Business ;. "-.'-`,Se..', Tax Certificates: '. 7. There shall be no storag and0or distribution of toxic or flammable materials and s re ainting or spray finishing operations that involve toxic or flammable materials which in s. the judgement of the Fire Marshall pose a dangerous risk to the residence, its occupants, and/or surrounding armperties. t' " Those ind .viduals which are ena►r;ged in home occupations shall { ' make available to the fire marshall for review the Material Safety Data Sheets which pertain to all potentially toxic and or flamable materials associated with the use Az 8. No home occupation shall require any on or off®street parking } other than that normall re• ired for a residence; } 9. The following uses are not allowed as home occupations: _: m a. Au to-body repair and �aainti.ng. ° b• Ongoing mechanical. repair conducted outside of an ,, 4 entirely enclosed building,. :' e c. Junk and salvage operations.< t7 Isi d. Storage and/or sale of fireworks. sm 10. There shall be no exterior storacte of vehicles ©f any kind ,,,', used for the business excest that one commercial' licensed HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 5 Io". 7I -f 3 41* . vehicle of not more than three-quarters ton G array be ,parked outside of a structure or screened area. 4 r; ,r 18,,142.035 Permit Renewal: Ap»l3cability] [A. Home occupation permits issued under the provisions of this title shall expire after one year and an application for renewal of the � :.5 permit shall be filed with the City prior to the expiration date - to continue lawful operation of the home occupation business. The _; 4 permit renewal application shall be approved or denied in accordance with the provisions set forth in Section 18.142.040.] , _ = ',: [H. Home occupation permits which received City approval prior to Y November, 1983 but may be nonconforming as defined in Chapter 18.132 or Section 18.142.032 shall be renewed annually. The .r : permit renewal application shall be approved or denied in l .r accordance with the provisions set forth in Section 18142.040.] [C. Home occaiiation businesses which existed without a valid home '= a 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 k4F prior to the expiration date under the provisions of Section 18.142.040. (Ord. 89-06. Ord. 87-20; Ord. 83-32) ] ' {; 2 vo 18. 142.Oa0 e I and Type II H Ocu orne cpations Defined - A. Home occupations shall be administered as es ther Tyke i or a II ee* es uses. A separate home occupation permit and/or fee is re iced ° for each property on which a Type TI home occgpati.on is undertaken. In addition to the general criteria outlined in e. Section 18.142.040, home occupations shall observe the following additional standards: -i�' 1.. Mype I Home Occupations: c I home occupation shall a' exhibit no evidence that a business is ondu beingccted from ' ' the premises. A Type I home occupation shall not permit: , a. Outside volunteers or employees to be enraged n„ an the business activit. other than the .ersons v re principally zasidanQ ern the ses premi `! L b. Exterior n sige which identifies the _ propertyr as a , business location• 1 CD c Clients or Customers to visit the premises for _a. y reason.: - d. Exterior store a of materials i ti = HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 6 d 2. a II Home Occupations: Pro,varty,on which a P e II home occupation is located _raa show exit ence that a ;!rosiness is ."; being conducted from the t h e following is 4 '' allowed for Tgpe II homes occupations: i nnV- a. One non-illuminated igrn. not elgeedinct 1.5 A,;guare feet which sham. be attached to the residence or accessor str uctt, re or 1p aced in a windows •s. b. No more than one outside volunteeror em,lovee who is not rincipal resident of the premisess tr No more than sir daily ustomers or clients. Customers and clients may not visit the business between the hours ;< of 10x00 p.nR. and 8:00 as and shall not generate ''' excessive traffic or utionnn®li a can-street p rkino. , d. Storage of materiais, pods, and eauiommt which is -/ screened entirely from view bra solid fence. Storms, shall not exceed five •ercent of the total lot area and { shall not occur within the front and or the required f side yard setback: . '. { 18.3.442.Q 0 Expiration of�,•, pproval 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. F inding that s ] " '=' [a. All of the conditions of approval have been satisfied;] [b. There has been no change in the original application �� t + approved by the Director; ] [c. There have been no changes in the facts or applicable ,.. n policies on which the approval was based; ] r: m [d. The applicable approval criteria in Section 18.142.050 ; are satisfied; and] Ea [e. The applicant certifies that he/she is complying with the conditions of approval and agrees to comply in the _tu. ..a 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 ,' . '� HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 7 } d • y 4 4"`." :.•,, ♦ ''N 1' t. '. , 1 t y '' ' '' ''%4 a ® t 4- • w - - 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. ] ';..-1-4'.2 ' [E. A home occupation permit shall become invalids] [1. Should the property on which the original home occupation • :,r' permit was based be sold or legally transferred to a family ti. 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 oe I and :Asa II Home Occusations A. .0e I and II Home Occu•ationss A •erson wishin• to en•a.e in + a Type I or TAI home occupation must be a principal occupant r of the •ro•ert a a one-time review fee to the Cit a•ree to .' abide by the .rovisions of this chaster and ac. ire an annual ,: ,,, Business Tax Certificate. B. Additional Permit Procedures for 4•e II Home Occu•ationsa A v. fir` = person wishin.� to en ease in a 4•e II home occu.ation is required ' t 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. Sa 1. The decision to approve, approve with conditions, or den�r an n y f a• .lication for a ,.e II home occu•ration ;•ermit shall be made '' b the Communit Develo•ment Director u•on findin•s of whether t.. or not the proposed use: r c. Is in conformance with the standards contained in this chapter; ~<• y b. Will be subordinate to the residential use of the property; a edc. Is undertaken inaammanner that is not detrimental nor es disruptive in terms of appearance or operation to ; nei hborin ro erties and residents., i FA . 2. The Director's decision to den an a• •lication or a• •rove it x 0 with conditions may be appealed to the Hearings Officer. as °s 3. Upon approval of a Tne II home occupation application, the , Community Development Director shall issue a m liminar , notice of _Lproval and provide notice of the same to the affected Neighborhood Planning Organization and property 44 , HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 8 rt 5 - • s owners within 25g feet of the property .line of the proposed use. The decision shall be final within twenty dates followina the day of mailing of notice unless appealed to the Hearing Officer. C. Appeals shall be made in accordance with TDC Subsection .18.32,3107 yr at a cost equal to sixtsr (60 'percent o€ the wit 's standard ; w " 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: ] e • ? [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:] f 4 .; [a. Entirely within the dwelling unit and a conforming i` accessory structure. The use and storage of materials t'. see and products shall not occupy more than 25 percent of the combined residence and accessory structure gross floor , r area. The total area used in the accessory building shall not exceec_ 500 square feet. Any accessory building that is used must meet Uniform Building Code requirements and be in conformance with Chapter 18.144 of this title. �S Variances to the accessory use requirements may be ' r applied for as per Chapter 18.134; and] ,y [b. More than one home occupation shall be allowed on any one , property only if the combined floor space usage of both A home occupations do not exceed 25 p 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; ] a. [4. In residential zoning districts, there shall be no exterior #=` indication of the home occupation; no exterior signs shall be used; no other on-site advertising visible from the exterior '4 shall 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 { '"'l 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 HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 9 3 s,y < , ,, a 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;] . z [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; ] e ' [9. The home occupation shall not produce any noise or obnoxious , s odors, vibrations, glare, fumes, electrical interference, heat (detectable to normal sensory perception outside the structure) , traffic or discharge of materials, gases, or '. i fluids into the sanitary sewer and storm drainage systems A.? which are either in excess of what is normally associated with k =;, residential use or which exceed the performance standards set forth in Chapter 18.90; ] ! � [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 Tvp II Home Occupation Ap lications A. An application for a Type II home occupation shall be made on {,_ ..*A forms provided by the Community Develo mo ent Director and shall be ' accompanied by: 1. One copy of the applicant's statement or narrative which . c explains how the proposal conforms to this aP roval criteria in Sections 18.142.040 and 18.142.05Qr co 2. The required fee; W 3. A site elan of the pro erty drawn to scale with a north arrows indicated- The site •lan shall show all ma or features of the property including buildings malor vggptation, ;ce_es e L. for public streets, sidewalks, etc HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 10 ,1_ - t ' 1 4. One floor plan of all structures on the property which are to ' be used for the home occux�etion(s) : fi 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 a II Home Occuy�ation 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 SCI home occupation permit to ensure * 1. the requirements of this chapter are complied with. These conditions may include but are not limited to the followin. , 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, s' glare, odor, and dust; '. l 3. Requiring additional building setbacks [areas], and increased ,Z ''. lot area [or lot] depth or width; 4. Further limiting the building area [extent] and outdoor store a us ed by [of] the home occupation [use] and restricting K, the location of the use on the site in relationships to a Adel i.ning 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 . l" vehicles [at all times] associated with the home occupation; 7. Requiring landscaping, buffering and/or screening, [drainage, a' • and surfacing of parking and loading areas] of the home aeo 3 W occupation from adjoining„hses anti establishing standards. for the continued maintenance of these improvements•; 8. Requiring storm drainage improvementss and sur ,icing of m parking and loading areasl la '. [8. ] 9. Limiting the extent and type of interior or exterior ' building remodeling _necessary to accommodate the home occupation; Sri: - HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 11 ;,. 1 ''} a` r. i 1 . , e 0 . i "_,"), [9. ] 10., Limiting or setting standards for the location and intensity of outdoor lighting; k.� [10. Requiring berming, screening, or landscaping and the �> establishment of standards for their installation and s:' maintenance; ] 11. Requiring and designating the size, height, location, of fences and *haterials [for fences] used for their construction; 12. Requiring the protection and preservation of existing trees, .s . . [soils, ] and other vegetation, watercourses, slopes, wild .ife '; :, habitat areas, and drainage areas; a: 1k5 13. Limiting the type and number of vehicles or equipment to be • F - t parked or stored on the site; and • e 14. Any other limitations which the Director considers to be ee r necessary or desirable to make the use comply with the purposes stated in Sections 18.142. [050] 040 and 18.142.050. 4• ' w. (Ord. 89-06; Ord. 87-20) ' 518.142.060 Approval and Compliance fora Business Tax Certificate] [A. No business tax certificate will be issued for a home occupation `j. until the home occupation application is approved and the ,`; , , ` applicant certifies that the home occupation will be operated in a, 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] f '' = [A. The Director may approve a home occupation application subject to r' a specific time period at the termination of which there shall be -, eitir a renewal application to determine if all of the conditions and e 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 r;°. [ conditions are not satisfied as provided by the original home occupation permit or the most recent renewal permit. ] M [C. Failure to pay the annual renewal fee shall result in the assessment of an additional five dollar processing fee if paid a` t 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) ] [18. 142.080 Application Submission Requirements] [A. An application shall be made on forms provided by the Director and shall be accompanied by: ] - ROME OCCUPATION ORDINANCE SECTION 18.142 PAGE 12 5 t•' 6 y - -V 4 ' .2... ` ' e '.S. 4. ,'' . , -4 i '`'‘% ' 4 r .. +. _.-, e • . .. . 4. , . , . • , . .1. ,....... . . . . ., dn. [1 One copy of the applicant's statement or narrative which rti explains how the proposal conforms to the standards in Section 18.142.050; ] 1 [2. A list of names and addresses of all L persons who are property owners of record immediately abutting the site; ] [3. The required fee; ] a' [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; ] ` u [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) ) • i 18.142.090 Revocation and Ex.iration of Home Occu.ation Permits j F A. The agnmILMilamplopmEIL Director may 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 chazer. The process for ,` n.r revocation shall be as •rovided for in Section 18.142.120. , B. When a home occupation permit has been revoked due tg violation of these standards, a minimum period of one year shall elapse before ; . another a.• .lication for a home occupation on the subject parcel will be considered. f k :, B. A home occupation permit shall become invalid if the applicant • 2',.. moves his or her residence. i; 18. 142.100 Action Recaardi.ng Complaints and Violation of Standards ®, A. All horse occupations are subject to reviews .y the Tigard Community - Development Director. B. Complaints: Complai tns may be originated bar the City of 'Tigard or the public. ,Complaints from the ..01101.11a shall clearly state the J objection to the home occupation, such as: 1. Generation of excessive traffiel f= 2. Exclusive use of on-street parkinq_sRaces: ',:' 4 >. ) HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 13 ; `nr Y . a S-s- _t:- r? r o r.� 33.. Other offensive activities not compggiblemitilarmidantial neighborhood. Aa c. Review of Comnplaints a Com lai nts shall be revsewed bar the Director. The Director shall either approve the use as it exists: ` revoke the home occupation„permit, or comiael measures to be taken to ensure com�patibs.li.ty with the saeiahborhood and Qmnforrance with this Chapter. The operator of the home occupation may appeal the .fir j ` Director's decision to the Hearings Officer. r D. Cessation of Home Occupation Pending Review: If it is determined by the Community Development Director in exercise of reasonable discretion, that the home occjpation in etuestion will affect , ; •ublic health and safet the use ma be ordered to cease sending Hearings Of ficer review and/or exhaustion of all ampeals. t' Violation of such an order shall be deemed a violation of this code and subject to r�enaities as described in Section 18.142.140. • fi 5 E.. Notice of Appeal Hearing: Written notice of a hearing on an a..eal of the Director's decision to either revoke or not revoke r = ' a home occupation •ermit shall include its date time and •lace x a: and shall be given to the =ppert.y owner( ) and. the persoas), ' _ undertaking the use if other than the owner() . Written notice ,' �' shall also be given to property owners within 250 feet of the use - and the affected Neighborhood Planninsg Organization, and the ° complainants) , if any. 4 F. Hearings Officer Review The Hearin.s Officer shall either = approve the use as it exists, revoke the permit, or compel = ', suitable restrictions and conditions to ensure com•atibility with the neigh hod boro . , ..„.•,. 18.142.110 Notice of Decision and Appeals '.+°.:'- '' A. Written notice of the Hearing Officer's or Community Devel meat i ' Director's decision and associated findingsshaL be sent to the persons) undertaking (the activity,, the property cif different than above) , and per p sons articivating in she aboveg aroceedi. gL. 4. a B. The determination of the Communit Development Director or ;',: = Hearings Officer shall become final unless appealed. co 1.8.142.120 Penalties • s ` — A. Non-compliance with the orders of the Community Development ,` Y t9 Director or Hearings Officer as referred above, is an infraction LIS Punishable b,�► T'IC Section 1.16.370. y 18.142.130 Business Tax Certificate Recuired ' e' HONE OCCUPATION ORDINANCE SECTION 18.142 PAGE 14 A , v K If. Y ,•1 A" No Business Certificate will be issued for a home occupation until: n. 1. The person wishinc o enrage in & T rpe I home occupation page the one-time review fee and a gees to comma with the provisions of this chaaggE o3C 2. 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.]..boiv. Type II Home Occupations (Ch. 78.1 2.060.b.3 c. All owners of record cf property immediately abutting a site subject to the following types of director's decisions: (i) Temporary Uses, [ (ii) Home Occupations; ] [ (iii) ] 4111 Flexible Setback Variances; - [(iv) ] (iii) Lot Line Adjustments, and =f ((v) ] (iv) Administrative Variances A_ \kelly\ch18142a • 1 Sid. J HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 15 s y -f! y s w .t§ u ♦ .:. { , Al c r ♦ . •� :.y.• ' • , 4 . • • e. Public hearing was closed. ;k f. RESOLUTION NO.91-69 A RESOLUTION REQUESTING ANNEXATION OF ONE PARCEL CONSISTING OF 1.40 ACRES INTO THE CITY OF TIGARD AND TO CHANGE THE ZONE FROM WASHINGTON COUNTY R-5 (RESIDENTIAL,5 UNITS/ACRE)TO THE CITY OF TIGARD 4-4.5 (4.5 • „ UNITS/ACRE). { Motion by Councilor Schwab, seconded by Councilor Johnson to approve Resolution 91-69. • Motion was approved by a unanimous vote of Council g. ORDINANCE NO.91-31 -AN ORDINANCE REQUESTING ADOPTION OF FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 91-15) (JURNEY) AND DECLARING AN EFFECTIVE DATE. v Motion by Councilor Kasten, seconded by Councilor Johnson to approve { �* Ordinance 91-31 which changes the zone from Washington County R-5 to the City of Tigard R-4.5. Ordinance was approved by a majority vote of Council present; Councilor ti . Johnson voted "No.” 5. PUBLIC HEARING - ZONING ORDINANCE AMENDMENTL O,4 C w1 c-f3t3: < .• { AMEND AND REPEAL VARIOUS PROVISIONS OF THE COMMUNITY { DEVELOPMENT CODE CHAPTER ".142 PERTAINING TO HOME OCCUPATIONS. 1 is a Public hearing was opened. 1 ! : b. There were no declarations or challenges. c. Community Development Director reported on proposal to amend and repeal various provisions of the Community Development Code Chapter 18.142 pertaining to Home Occupations. A copy of the information a presented by Community Development Director is filed with the Council 4 meeting materials. Also distributed was an errata sheet noting changes to , Section 18.142.060, Permit Procedures for Type I and Type II Home Occupations. d. Council agreed with the provisions, but recommended rewording Section 18.142.100, C, (1) and (2) as follows: • CITY COUNCIL MEETING MINUTES OCTOBER 28, 1991 - PAGE 4 • . Review of Complaints: Complaints shall be reviewed by the Director, The Director shall either 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: The operator of the home occupation may appeal the Directors decision to the Hearings Officer. Council also agreed to include the changes noted on the Errata Sheet as described above. (Note: Said errata has been filed with the Council meeting packet material). e. Public testimony: None. f. Public hearing was closed. Motion by Councilor Schwab, seconded by Councilor Kasten to approve Ordinance 91-32 with amendments to Section 18.142.100, C, (1) and (2); and amendments to Section 18.142.060 as noted on the errata sheet. • gi Ordinance was approved by a unanimous vote of Council present. 6. EXECUTIVE SESSION: Cancelled 7. ADMINISTRATIVE REVIEW: • a. Councilor Schwab reported on the Metro meeting regarding Greenspaces. b, Western Bypass meeting will be held on October 31 at 1:30 with ODOT and neighboring cities. Valerie Johnson and Pat Reilly will attend. 8. ADJOURNMENT: 8:40 p.m. Attu r • Jo Ha e , Records g Secretary A 01166 /(4. Mayor, City of Tigard m y y Date: ___11J/f/q/ ccml 028.91 CITY COUNCIL MEETING MINUTES - OCTOBER 28, 1991 - PAGE 5 fa • 4 y <. .. , .i a 4 �U • r a .:•'i. • ''1+ .,• a ...• .. , ry 4a... 1i `,i •. ,.,f k . OT IC `. F A O 1110 )lust Be Piled' Within 5 Wor - Days See OAR 660-/D-04® .; Jurisdiction City of Tigard Local Pile Number :ZOA 91-0002 Date Mailed llili91 - Date of Adoption October 28, 1991 ,. Date Proposal was Provided to DLCD . August 23, 1991 " Type of Adopted Action „(Check,all that apply) • Comprehensive Land Use , }New band Use ;.f :* Plan Amendment X Regulation Amendment' Regulation d ` 3 Please complete (1) for text amendments and (B4-for map amendments • A. Summary of Adopted Action (A:brief description is adequate. Please avoid highly technical terms and zone code abbreviations. Please do not write: 4v "see attached."): Arnandr a v9 and_ p a9`, of tea,- � ovasions o Ti and Develo nt Gore bertainina to Home Occupations; creating.TYPE I and TYPE II`process and notice on TYPE II: • Describe How the Adopted Amendment Differs from the Proposal (If it is the same, write "Same." If it was not proposed, write "N/A."): • u',• ...e•- „ ' . • ..� .• � S. gt* .B in. bo h A•- I and II ', . are one time reviews and'18.142.100 (C)„review of c• •laints eliminating sub'ective violations. B. If the Action Amends the Plan or Zone Map, Provide the Following Information for Each Area Which was Changed (Provide a separate sheet for each area s' Multiple sheets can be submitted as a single adoption action. Please . ; include street address whenever possible. Do not use tax lot number alone.): •,• Previous Plan Designation:„. New,Plan-Designation • • .„i fl. Previous Zone: New Zone: + Location: U3 r U3 ` • Acreage Involved: dbl Does this Change Include a Goal Exception? Yes No For Residential Changes Please Indicate the Change in Allowed Density in Units Per Net Acre Previous Density: New Density: • 4 -.; .., 1 ' a . 'R. .4.y 1 .1.1.;., • ., ..,.„ ..., . ,. . 4 .„. .. . .., . . ., ,, . . . . . ..„, . ... , . .. . . . ., .-. ' j If Notice of Proposal was Not Sent to DLCD 45 pays Prior to the Final Bearing, a Please Indicate 1ahy:. a Statewide Planning Goals are inapplicable - Emergency Circumstances 4equired Expedited Review List Statewide Goals Which May Apply: . Goals 1 & 2 J. {.. List any State or Federal Agencies, Local Gov€rnment or Local Special Service - Districts Which may be Interested in or Impacted''by the Adoption: ' Norse , .. 4 ---� 44e 4 • i Direct Questions and Comments To:_ Dick Bewersdorff, City of Ticlard "'r 13125 SW Hall Blvd..,. Tigard, OR 97223 .. �. '` (Phone) E39-4171 ext 316 i •r Send To: Department of Land Conservation and Development j.. ‘.' 1,:%,"::," 1175 Court Street, N.E Salem, Oregon 97310-0590 1 "~`a' Attach One (1) Copy of the Adopted Action to this Form'and/or three (3) Copies of ' u Bound Materials and Maps Larger than 8 1/2 by 11 Inches. NOTE: If more copies of this form are needed, please contact the DLCD office at t' 373-0050, or this form may be duplicated on green paper. Failure to provide notice of an adopted plan or land use regulation amendment results in an extension of the appeal period. Appeals may be filed within 21 days of the date the proposal is Pgi ., mailed to DLCD. Statutes require mailing within 5 days of the action becoming final (See OAR 660-18-040). J * FOR DLCD OFFICE USE * * * • DLCD File Number ' epa>adoptfonn A 1I ,CITY OF TIGARD, OREGON 'D-CC. I:.. ORDINANCE NO. 91-- ,. T ORDINANCE TO AMEND AND REPEAL VARIOUS PROVISIONS OF THE COMMUNITY DEVELOPMENT <r y ,ODE PERTAINING TO HOME OCCUPATIONS, CHAPTER 18.142.010 THROUGH 18.142.130 AND 'HA:PTER 18.31.120 REGARDING NOTICE OF DECISION. ', art :" EREAS, the City of Tigard finds it necessary to revise its Community Development , :ode periodically to improve the operation and implementation of the Code; and WHEREAS, the City of Tigard desires to add flexibility to and streamline the home .' . 3ccupation process; and :=, AREAS, the City of Tigard Planning Commission reviewed the staff recommendation s 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 CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Community Development Code shall be amended as shown in Exhibit 2 °A". Language to be added is UNDERLINED. Language to be deleted s:`: z _-- is shown in [Brackets] . t„ . f .j This ordinance shall be effective 30 days after its passage by the Council, ' approval by the Mayor, and posting by the City Recorder. ' PASSED: By Unalit'ffnCLLS vote of all Council members present after .a being read by number and title only, this r ' day of j L, 1991. i', Catherine Wheatley, City Recori(-r ` APPROVED: This cN day of 4100.4v /-_r , 1991. j: Adgillr.if ,e/ ,/-.... - e - r=rald. R. : `rar•s, Mayor" o +: Approved as to form: (.9 ..10.111111 - IA . 13 City t •rney Date ORDINANCE No 91- ■ Page 1 >q;.it • . 0 ‘. Chapter 18.142 �4 Rte. z': HOME OCCUPATIONS 3 Sections: 18.142.010 Purpose , . 18.142.020 Applicability and Exemptions a_ 18.142.030 [Administration and Approval Process] nonconforming Uses ; [18.142.032 Nonconforming Uses] ,1 [18.142.035 Permit Renewal: Applicability] 18.142.040 [Expiration of Approval: Extension of Time Revocation] '`,� • General Approval Criteria and Standards 18.142.050 [Approval Criteria] Tie I and T �e II . Home Occupations Defined 9A [18.142055 Additional Requirements for a Home Occupation] 18.142.060 [Approval and Compliance for a Business Tax Certificate] ` Permit Procedures for T I and Tree II Home Occupations 18.142.070 [Time Limit and Revocation] Submission Requirements for Type II Home Occupations Applications 18 142.080 [Application Submission Requirements] Condition£ pjiicable , to Tyoe II Home Occupation Approvals a ee 18.142.090 lReiree_g on and Ex ation 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 s 18.142.010 Purpose e : p. A. It is the purpose of this chapter to [regulate home occupations in J. ;j. Y 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 --;e=" premises upon which they are found; and] E t if `. [2. Not disruptive of the residential area. ] i. - [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] ,- j [2. Establish criteria and development standards for home ;' .j w occupations conducted in dwelling units and accessory structures in residential, commercial and industrial zones.] [G. The standards contained in this chapter are intended to ensure that home occupations will be compatible and consistent with the ' .. HOME OCCUPATION ORDINANCE SECTION 18.342 PAGE 1 7 • y i i t'.: c V i a MP 410• s � 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 required. ] . } [F. It is not the intent of this chapter to regulate hobbies. A home e t: 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 engag in small-scale business ventures which could not be sustained if it were necessary to lease commercial quarters, or because the nature k of the activity would make it impractical to exzaand to a full- scale enterprise: and 1 ' � 2. Establish a 'royal 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 • A f° that is not detrimental or disru•tive in terms of a. . -arance or aeration to nei•hborin• •ro•erties and residents. .? `_; 18.142.020 [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; at 0 2. For-profit production of produce or other foo ct d produs rg ©wn L on the •remises. This ma include tem•orary or seasonal sale of produce or other food products grown on the premises. Farming activities_shall be consistent with the definition of ita CD farming contained in TDC Chapter 18.26 (Definitions) ; eu 3. [Not-for-profit hobbies;] Hobbies which do not result in payment to those engaged in such activity; ,'; , HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 2 • .' . I' .:-..4.'1,.. ' . • 0 r Jj 4 Proven nonconforming [use] hpme occutaations as per TDC Section 18.142.032. (Ord. 90-41; Ord. 89-06; Ord. 87-20; Ord. 83-52) t 18.142.030 rAdn inistration and A_proval Process) Nonconfor ang jses t ' [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 ;J.,'= a policy, information given by staff to the applicant during the .*,`` t preapplication conference is valid for not more than six months:] [1. Another preapplication conference is required if any variance - t application is submitted six months after the preapplication; and] [2. Failure of the Director to provide any of the information '°v required by this chapter shall not constitute a waiver of the t '= ' standard, criteria or requirements ' ' quirements of the application. ] .� [E. The Director shall approve, approve with conditions or deny any +. J application for a home occupation. The Director shall, apply the 'r standards set forth in Section 18.142.050 when reviewing an { application for a home occupation. ] W ' [F. Notice of the Director's decision shall be given as provided by .A Ya• • -. 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) ] #•15 "t A- Ongoing home occupations may be granted nonconforming status provided that they were: 1.. Permitted under County authority prior to +annexation to the �p City and have been in continuous operation since initial t: approval ;y 2. Permitted under City authority_prior to 1983 and have since been in continuous operation B. 1. A nonconforming situation is farther governed by TDC Chapter 18.132 (Nonconforming Situations) . Such use may continue until the use is expanded or altered so as to increase the e HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 3 Y level of noncompliance with the present City- title. (Ord. 89- � y ' 06; Ord. 87-20) 2. The burden of •rovin• a home occu•ation's nonconformin• status `' rests with the property owner or tenant. C Home occupations without City or County approval which cannot 4j prove nonconformin• status shall be considered in violation of , this chapter and shall. cease until the appropriatean„proyals have s i., been granted. 118. 142.032 Nonconforming Uses] [A. Certain types of use may be granted nonconforming status by the ? ' City: ] [1. Home occupations under County authority prior to annexation to i` ," the City which have been in continuous operation, and which ,r 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. ] t << - (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 ' k ' or altered so as to increase the level of noncompliance with the 7.4',-.7: .‘, present City title. (Ord. 89-06; Ord. 87-20) ] ' - 18.142.040 General A• •roval Criteria and Standards A. All home occupations except those that have proven nonconformin• status shall observe the following criteria in addition to the standards established for D:3e I and Type IT Uses described in Section 18. 142.050 of this chapter. 1. Home occupations may be undertaken only by the principal occupant(s) of a residential property• pp s M 2. There shall be no more than three deliveries per week to the co . residence by suppliers; J 3. There shall be no offensive noise, vibration, smoke, dust, M • odors heat or •lare noticeable at or be and the property line 0 resulting from the operation. Home occupations shall observe '' the provisions of TDC Chapter 18.090 (Environmental ' a Performance Standards)j L 4 . The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure. The total _' HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 4 '' J. 1 s Sit. ?• ,. 1:' - 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 `?t` [use] and associated storage of materials and products shall '., , not occupy more than 25 percent of the combined residence and 4- '' accessory stricture 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; r 5. A home occupation shall, not make necessary a change, in the Uniform Building Code use classification of a dwelling unit. Pasty accessory building that is used must meet Uniform Building Code requirements and be in conformance with TDC Chapter 4r -` 18.144 of this title; 10 .; 6. More than one business activitlr constituting two or more horns w •- occu.ations shall be allowed on one .ro.ert onl if the r ' combined floor apace of the business activities does not exceed 25 percent of the combined gross floor area of the ; '_ '' residence and access() structure. Each home occupation shall <,, any fora separate home occupation H .ermit if sec aired 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 • f lane able materials and s.ra. •aintin• or s.ra finishin. , o.erations that involve toxic or flammable materials which in the judgement of the Fire Marshall pose a .dangerous risk to • t the residence. its occupantsQ and/or surrounding properties. .�•: Those individuals which are en,a•ed in homeaccu.ations shall make available to the fire marshall for review the Material • ,: Safetyat .Da Sh pz: eets which pertain to all tially t ox ten ic • ' 4 and/or flamable. materials associated with the use. :'•":-± . a. No hone occupation shall require anv on or off-street parking • 1 other than that normally rewired fora residences • ..%' 4' 9. The fofollowin. uses are not allowed as home occupati.ans: `' le. a. Auto-body repair and paintingL cil d b. Ongoing mechanical repair conducted outside of an !4 entirely enclosed building. r M e, Junk and salvage operations. w d. Storage and/or sale of fireworks. 10. There shall be no exterior storage of vehicles of and kind ' '' used for the business exce.t that one commercially licensed- ,• HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 5 1 ,,r 1 i i a 1 a , r - / -- ;,t e' -1 N' 4 vehicle of not more than three-quarters ton GVW may be parked '-e . '... outside of a structure or screened area t el42.035 Permit Renews': Applicability] [A. Home occupation permits issued under the provisions of this title shall expiro after one year and an application for renewal of the 1• e'4 permit shall be filed with the City prior to the expiration date. • to continue lawful operation of the home occupation business. The '-':',e .'' permit renewal application shall be approved or denied in accordance with the provisions set forth in Section 18.142.040. ] '- 0 ' : �` [B. Home occupation permits which received City approval prior to November, 1983 but may be nonconforming as defined in Chapter ..k: T >' 18.132 or Section 18.142.032 shall be renewed annually. The permit renewal application shall be approved or denied in 4 }J accordance with the provisions set forth in Section 18.142.040. ] ' [C. Home occupation businesses which existed without a valid home ° e occupation permit prior to November, 1983 shall apply for a home ? " ° '4 occupation permit under the provisions of this chapter or prove 4 nonconforming status as per Section 18.142.032. The original permit shall be valid for one year and shall be renewed annually e- prior to the expiration date under the provisions of Section 18.142.040. (Ord 89-06; Ord. 87-20; Ord. 83-32) ] 18.142.050 4.e I and j•e II Home Occupations Defined •' ' A. Home occupations shall be administered as either Type I or a YI uses A separate home occupation permit anti/or fee is required for each y on which a ro ert p Type II home occupation is undertaken. In addition to the •eneral criteria outlined in Section 18.142 .040 home occupations shall observe the following Y ' , ; additional standards: 1. Type I Home Occupations A Tvrae Y home occupation shall 'J'''''. ':,.'',.:10,''.i. exhibit no evidence that a business is being conducted from i ti;_ * '4 the premises. A �_ �I,,,,,home occupation shall not �aermit w ' a. Outside volunteers or employees to be engaged j a ty_ in the business activi other than the o persns f principally residing on the premises: 0 it b. Exterior signage which identifies the, property as a '' L. r business location; , 0 r c. Clients or Customers to visit th_ _,premises for any , reason: d. Exter_or storage of materials; 4, I :)L: y} ~' : F HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 6 1 L 0. t.•y a ' '''}-4' « 4« a' t a $' i 'K, j 'i,1 4 *; t ku r b 2_. II Home Occupations: Property on which a Type II home yy'�y , occupation is located ma show evidence that a business is F. ; being conducted from the .remises. Therefore the followin. is allowed for Type II home occupations: a. One non -illuminated sign, not exceeding 1.S square feet, -: which shall be attached to the residence or accessory '' structure or placed i.n. a window; No more than one outside aolunteer ar employee who is not a principal resident of the premises` c. No .more than six nail customers or clients. Customers and clients ma not visit the business between the hours of 1.0:09 a.m. and 8:00 a,m.and: shall not •enerate excessive traffic or monopolize on-street parking,, d• Storage of materials, aroods, ana equipment which is ee screened entirely from view bra_solid fence. Storage s shall not exceed fig*e percent of the total lot area and { shall not occur vrithin the front yard or the required side yard setback r { 518.142.040 Expiration of Approval Extension of Time Revocation] i'. [A. Approval of a home occupation by the Director shall be effective , ,, for a one-year period. ] i . [B. The Director shall renew the permit upon:.] ,s 4 . ,A [1. Application and payment of a fee by the applicant; and] [2. Finding that: ] '; a. All of the conditions of approval • [ pproval have been satisfied;] , y' [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 et policies on which the approval was based; ] It- [d. The applicable approval criteria in Section 18.142.050 are satisfied; and] rn [e. The applicant certifies that he/she is complying with the _ conditions of approval and agrees to comply in the gn H) 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 HOME OCCUPATION ORDINANCE SECTION 18,142 :_ PAGE 7 It °.1 1 ' alleged violation has been reported to the Planning Division. The decision may be appealed as provided by Subsection 18.32.310.A.] x t [D. The Director may revoke a home occupation approval if the conditions are not satisfied as provided by the original home /: ' r `> occupation permit or the .lost recent renewal.] ,- I ' [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- a tit 20; Ord. 83.52) ] ' ' ;I 18.142..060 Permit Procedures for Type I and Type II Home Occu ations A. Type I and II Home Occupations: A person wishing to engage in a Type I or Tie 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 annual Business Tax Certificate. i` B. Additional Permit Procedures for A.e II Home Occu+ations: A ' person wising h to engage in a Twee II home occupation is reauired ,',' to have a pre-application conference with City staff in accordance ' ' '_ " with TDC Section 18.32.040 and is also rewired to submit an v' application and a fee. o 1. The decision to approve, approve with conditions, or deny an application for a Tie 11 home occupation permit shall be made bythe Community DeveloQt►►ent Director upon findings of whether = or not the proposed uses W 2 a. Is in conformance with the standards contained in this 'y •. chapter: • (1= b. Will be subordinate to the residential use of the — property. a : 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 fa ` with conditions may be appealed to the Hearings Officer. 3. Upon approval of a Type II ,home occupation application, the Community Development Director shall issue „ a preliminary notice of approval and provide notice of the same to the affected Neighborhood Planning Organization and • property •. . HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE N ! •,','. t s '' '., i J. J''. i' ' ' '4 n ice" t t• 410 411 . owners within 250 feet of the property line of the proposed use. The decision shall be final within twent da s followin. ' _hie day of mailincg,._of notice unless appealed to the Hearin -, Officer. r 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) . j82142.050 Approval Criteria] r [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; ] ' h [2. The home occupation shall be operated: ] ti [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 accessory building that is used must meet Uniform Building Code requirements a' .• ',:' and be in conformance with Chapter 18.144 of this title. .. Variances to the accessory use requirements may be Li applied for as per Chapter 18.134; and] [b. Mere than one home occupation shall be allowed on anyone 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 •'S1 subsection; ] [3. The home occupation shall be a secondary use to the primary use of the residence as a dwellinc ; ] m [4. In residential zoning districts, there shall be no exterior indication of the home occupation; no exterior signs shall be (0 used; no other on-site advertising visible from the exterior ' 4:, shall be used which informs the public of the use except the address of the home occupation may be displayed; ] e 0 [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 =: HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 9 2 t a:l 1 4.^1 t .Y t`1,1 " y signs require a City sign permit as stipulated in Section i 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 e codes. The applicant shall be required to obtain approval ee se from the relevant fire district prior to storage of any flammable or hazardous materials on the property; ] , : a . ,'a [7. The use shall not include any retail sales other than telephone sales; ] [8. The rise 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 e. , (detectable to normal sensory perception outside the structure) , traffic or discharge of materials, gases, or fluids into the sanitary sewer and storm drainage systems ‹2%.".,4e which are either in excess of what is normally associated with >i residential use or which exceed the performance standards set (' forth in Chapter 18.90;1 t + ; [ 10. There shall be no other paid employees on the premises other *'A [ than those who are permanent residents n of the welling;] ,' { [11. The use shall not require any additional parking other than ea that which is required for the residence; and] ' [12. There shall be no more than three deliveries per week to the s : residence by suppliers. (Ord. 89-06; Ord. 87-20; Ord. 83-52)] i; 18.142.070 Submission:'Requirements for Type II, Home Occupation ,ppl A. An application for a Type II home occupation shall be made on e ' *` • forms provided by the Community Develapment Director and shall be accompanied by: k; n- ±; 1. One copy of the applicant's statement or narrative which ,; Cn explains how the proposal conforms to the a ,oval criteria in .' Sections 18.142.040 and 18.142.050° in 2. The required fee; ' '• 3. A site plan of the property ,].ramp to scale with a north arrow indicated; The site •lan shall show all ma 'or features of the I., property including buildin.s . ma 'or vegetation access for " public streets, sidewalks, etc. HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 10 1 + t..-s r e,. . 4 '.. . 4.'. x".i ,'; 4 3 r :'4,. . a ;. t i.: . c(. 4:Yyi s y.; ' k 4 One floor plan of all structures on the property which are to ,4'` be used for the home occupation(s l ; 4 { 5. One title transfer instrument; 6. One assessor's map; T ', _. 7.. Property owner's signature(s)(s) or written authorization. (Ord. 89-06; Ord. 87-20; Ord. 86-23; Ord. 83-52) ' z , 18.142. (055] 080 (Additional Requirements for a Home Occupation] Conditions '' •';; A.•licable to Asa 11 Home Occupation A! •rovals 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 re �.rements of this chapter are complied with. These ''' y conditions may include, but are not limited to the following: , ' • 3 ',, , 1.. Further limiting the hours, days, place, and manner of operation; y.; `' 2. Requiring site and building design features which minimize e environmental impacts such as noise, vibration, air pollution, -. } glare, odor, and dust; ,';h; t 3. Requiring additional building setbacks [areas] , and increased lot areas, (or lot] depth or width; w :: y 3 4. Further limiting the building area (extent] and outdoor storae�e used by (of] the home occupation (use] 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 (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 Eoccupation from ad-1ointna uses and establishing standards for J the continued maintenance of_theseim_provements; MI 4 g 8. Requiring storm drainara improvements, and surfacing of ' gill�: parking and loading areas [8. ] St. Limiting the extent and type of interior or exterior building remodeling necessary to accommodate the home occupation; ' -i HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 11' ,. Y K h:. s.i. ,: 'fit is µ' J' [9. ] 10. Limiting or setting standards for the location and :® intensity of outdoor lighting; 4 . [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 fences and materials [for fences] used for their construction; 12. Requiring the protection and. preservation of existing trees, t ' { ' [soils, ] and other vegetation, watercourses, slopes, wildlife habitat areas, and drainage areas; 13. Limiting the type and number of vehicles or equipment to be 1 =; parked or stored on the site; and 4 . 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. r' . (Ord. 89-06; Ord. 87-20) `' 18.142.060 A. .royal and Com.liance for a Business Tax Certificate] " .. [A. No business tax certificate will .be issued for a home occupation r until the home occupation application is approved and the ,F' applicant certifies that the home occupation will be operated in L = strict compliance with the provisions of this chapter and the conditions of approval. (Ord. 89-06; Ord, 87-20; Ord. 83-52) ] c% R 118.142.070 Time Limit and Revocation] aa :Y' [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 a occupation permit or the most recent renewal permit. ] • • a- ' [C. Failure to pay the annual renewal fee shall result in the assessment of an additional five dollar processing fee if paid .t within 30 days after the due date; or revocation of the home D3 occupation permit if not paid within 30 days after the due date. W (Ord. 89-06; Ord. 87-20; Ord. 83-52) ] , 18.142.080 A..lication Submission Retuirements] [A. An application shall be made on forms provided by the Director and shall be accompanied by: ] c' HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 12 ,;"'a A i.4 r •. y+..;\' e d r i - i ' aJ r r... i `� _ ?. i a �- r? '. �• c � 2 s J [1. One copy of the applicant's statement or narrative which }' explains how the proposal conforms to the standards in Section A 18.142.050; ] i11. P,, [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; ] P • [6. One title transfer instrument; ] [7. One assessor's map;] • . [8• The application form; and] c [9. Property o per's :signature(s) or written authorization. (Ord. 89-06; Ord. 87-20; Ord. 86-23; Ord. 83-52)] ,t . 18 142.090 Revocation and Ex•iration of Home Occupation Permits A. The Community Development Director may revoke a home occupation •z approval, if the conditions of approval have not been or are not ''W.-:- .' - being complied with and the home oc p tion is otherwise being conducted in a manner contrary to this chapter. The process for . re vocation shall be as brovided for in Section 18.142.120. B. • whan a home occupation permit has been revoked due to violation of these standards a minimum seriod of one ear shall ela•se before another application for .a home occupation on the subject parcel will be considered. C. A home occupation permit shall become invalid if the applicant s, - moves his or her residence. 18. 142.•100 Action Rdeclardinc� Cccm alaants and Violation of Standards All home occupations are subject to review by the Tigard Comumunity 4; I- Development Director. B. Com�laints: Com�alaints maybe origna.ted py the City of Tigard or ii the aub1ic. Complaints from the public shall clearly state the ' :' ob ection to the home occupatioa�„ such as: 1. Generation of excessive traffic• y 2. Exclusive ease of on-street aru saces•ki A P c; p % .'' HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 13 >xt; i o 3.. Other offensive activities not compatible with a residential . neighborhood. C. Review of Com.laints: Com.laints shall be reviewed b, the ' Director. The Director shall either a•. .rove the use as it exists revoke the home occupation permit, or coripel measures to be taken to ensure com.atibilit with the nei•hbor hood and conformance with 4 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 �x=. by the Community Development Director in exercise of reasonable discretion, that the home occupation in ...question will affect '' ,public health and safety, the use ma a ordered to cease pending Hearings Officer review and/or exhaustion ofall appeals. Violation of such an order shall be deemed a violation of this 1 code and subiect top alties as described in Section 18.142.140. } E. Notice of A. eal Hearin. : Written notice of a hearin. on an Appeal of the Director's decision to either revoke or not revoke i . a home occupatio.- pex it, shall include its date time and place and shall be giyen to the property owner(sj and the person(sl f undertaking the use if other than the owner(s . Written notice shall also be given to property owners within 250 feet of the use R. and the affected Neighborhood Planning Organization, and the • # 2gRalainal1t(s j , if any. 4; ! "e1.-.. : F. Hearinc,(s affficer Review: The Hearings Officer shall either Approve the use as it exists` revoke the per,.mit, or compel .gi n. suitable restrictions and conditions to ensure compatibility with _?; the neighborhood. ,,' 18.142.110 Notice of Decision and A. .eals A. Written notice of the Hearings Officer's or Community Development Director's decision and associated in fdings shall be sent to the • r p ns) u erso ndertaki c ng the ai,v t ty, the er _propty (if different �'{ than above) , and persons participating in the abov proceedin:gs_, , B. The determination of the Community Development Director o •' of Hearings Officer shall become final unless an.ealed. 18. 142.120 Penalties .4 A. -Non-com•liance with the orders of the Communit Development i m Director or Hearin.s Officer as referred above., is an infraction 0 punishable by TMC Section 1.16.370. • 18.142. 130 Business Tax Certificate Required HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 14 t '. < ,:M 4. r a •5. .w :1 . .R. +2'.4 i , .i fi, Z' .., x A. No Business Certificate will be issued for a home occupation until- ` 1.. The person wxshanq. to en a.e a in a ' y e I:home occupation pays the one-time review fee and a rs to comply with the provisions of this chapter; o 2. 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 Director A.l.bbiv. Type II Home Occi;pations C�h. 18,x.42.QS0.b.3 „ ,. , ' ' -'. = c. All owners of record of property immediately abutting a site subject to the following types of director's decisions: (i) Temporary Uses; 8: [ (ii) Home Occupations;] ' [ (iii) ] (ii) Flexible Setback Variances; , {r = [(iv) ] (iii) Lot Line Adjustmentso and , ( (v) ] �(iv) Administrative Variances Yti° it '„ \kelly\ch18142a 3 1HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 15 ?.14.; + 's . .. .. t .,, 4 0 0 . Cater 18.142. HOME OCCUPATIONS > Sections: 18.142.010 Purpose '.; {, 18.142.020 placability and Exemptions 18.142.030 [Administration and Approval Process] nonconformingilEg [18.142.032 Nonconforming Uses] >. [18. 142.035 Permit Renewal Applicability] t 18.142.040 [Expiration of Approval: Extension of Time Revocation] General Approval Criteria and Standards 18.142.050 [Approval Criteria] Tvpe I and T3„ oe II Home Occupations Defined [10.142.055 Additional Requirements for a Home Occupation] 18.142.060 [Approval and Compliance for a Business Tax Certificate] '-, Permit Procedures for Tvr g : and Type II Home Occupations 18.142.070 [Time Limit and Revocation] Submission Requirements for Ty ? '.4.N: II Home Occupations Applications 18.142.080 [Application Submission Requirements] Conditions A ►plicable to pe II Home Occu� n p�roals V 18.142.090 Revocation and Expiration of Home Occu.ation Permits ^ . 18.142.100 Action Re.ardin' Com.laints and Violation of Standards 18.142.110 Notice of Decision and App j 18.142.120 Penalties rti• 18,142.130 Business Tax Certificate Re.. ired 18.142.010 Pur2gg r ,, 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] 3 [2. Not disruptive of the residential area. ] `. a. [H. 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 : M supplementing of personal income and family income; and] k. CD [2. Establish criteria and development standards for home ma 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 4. ;,-` HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 1 4 j a residential uses and will not have a detrimental effect on neighboring properties and the neighboring residents. ] .r _ [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 .,n or industrial use. ] T [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 • .f required. ] [P. It is not the intent of this chapter to regulate hobbies. A home ' " occupation is to be geared ultimately towards financial gain. -,se-"` (Ord. 89-06; Ord. 87-20; Ord. 84-73; Ord. 83--52) ] 1. Permit residents an o. .ortunit : to use their homes to en.a.e in small-scale business ventures which could not be sustained if it e were necessary to lease commercial quarters, or because the mature ''= of the activit would make it im.ractical to exoand to a full scale enterprise; and 2. Establish a• •roval criteria and standards to ensure that home _ occupations are conducted as lawful uses which are subordinate to k the :residential use of the property and are conducted in a manner that is not detrimental or disru•ti_ve in terms of a. •earance or ` o eration to nei.hborin. .ro.erties and residents. 4 ■ 18.142.020 [Exemptions] Applicaty 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: ;: r . 1. Garage sales; a. 2. F'or-profit ,production of produce or other food products crown on the remises. This ma include tem.ora or seasonal sale L of produce or other food products grown on the premises. Perming activities shall be consistent with the definition of { farming contained in TDC Chapter 18.26 (Definitions) . 0 3. [Not-for-profit hobbies; ] Hobbies which do not result in payment to those engaged in such activity; ;" { _ HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 2 , 41O 410 %,"/ I . " 4. Proven nonconforming [use] home cux� ocations as per TDC Section 18.142.032. (Ord. 90-41; Ord. 89-06; Ord. 87-20; Ord 83-52) 18.142,030 [Administrations and Approval Process] Nonconforming Uses A. The applicant of a home occupation [ pp occupation proposal shall be 'the occupant . of the property. ] , [H. 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 n occupation permit. ] [C. A preapplication conference with City staff is required in ..1 accordance with Section 18.32.040. ] [D. Due to possible changes in State statutes, or regional or local max - policy, information given by staff to the applicant during the preapplication conference is valid for not more than six months:] 4 [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 r 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 ;:t 9A standards set forth in Section 18.142.050 when reviewing an application for a home occupation. ] " [F. Notice of the Directors decision shall be given as provided by -' Section 18.32,120. The decision of the approval authority may be .e appealed in accordance with Subsection 18.32.310.A. (Ord. 89-06; Ord. 87-20; Ord. 83-52) ] t ,? A. Ongoing home occupations MAY----13-e--W- 1 nonconforming status provided that they were: M = 1. Permitted under Count authorit. •rior to annexation to the s., ,n City and have been in continuous operation since initial r approv0li j 1. Permitted under Cityauthority prier to 1983 and have sine . - been in continuous operation y3 W i 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 t HOME OCCUPATION ORDITCE SECTION 18.142 PAGE 3 '',:'.-,l 4::::. Y 1+ level of noncompliance with the present City title. (Ord. 89- 06; Ord. 87-20) S ':'` 2. The burden of proving a home o(:CU :tion's nonconforming, status ` rests with the property owner or tenant. C. dome occupations without C.. t or Count a•. +royal which cannot +; prove nonconforming status shall be considered in violation of this chapter and shall cease until the appropriate approvals have been granted. [18.142.032 Nonconforming uses] a, [A. Certain types of use may be granted nonconforming status by the A City: ] ' [1. Home occupations under County authority prior to annexation to the City which have been in continuous operation, and which * jl have been, or would have been found to meet the County's a requirements; and] [2. Home occupations under City authority which have been in continuous operation and which began operation prior to 1983• ] [B. The burden of proving a nonconforming status which preserves nonconforming rights, rests with the property owner or tenant., e- Such a status is further governed by the regulations contained in ` + . Chapter 18.132. Such use may continue until the use is expanded =. r 4 or altered so as to increase the level of noncompliance with the present City title. (Ord. 89-06; Ord. 87-20)] 4 e, 18 142.040 General Approval Criteria and Standards y A. All home occupations exce.t those that have i proven nonconforming i status shall observe the following criteria in addition to the standards established fore I and a II Uses c:escribed in • { Section 18.142.050 of this chapter. ;. • A- e • 1% , 1. Home occupations may be undertaken only by the principal occu.•ant ' s of a residential •ro+.ert . , 2 mo 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 probe line resulting from the operation. Home occupations shall observe w the provions of T er . (E �e - Performance Standards]-. 4. The home occupation shall be operated entirely within the 't dwelling unit and a conforming accessory structure. The total y,s s HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 4 c<;3` . ■ area whitLmay be used in the accessory building for either it ' material product storage and/or the business :activity shall , . s• : rc not exceed 528 square feet. Otherwise, the home occupation [use] and associated storage of materials and products shall t 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 s ,'' by the provisions of the building, fire, health and housing codes; 5. A home occu ation shall not make necessary a chancle in the '- 7 Uniform Buildin• Code use classification of a dwellin• unit. ''` Any accessory building that is used must meet Uniform Building Code requirements and be in conformance with TDC Chapter 16.144 of this title; 'a 6. More than one business activity constituting two or more home I; occupations shall be allowed on one pr erty only_ if the 4 combined floor Apace of the business activities does not ' exceed 25 percent of the combined gross floor area of the y: =r:-e, residence and accessory structure. Each home occupation shall . t aa.ply fora separate home occupation permits if required as '; per this cha•ter and each shall also havese•arate Business F • rs. Tax Certificates ai' ' 7. There shall be no storage and/or distribution of toxic or . flammable materials, and spray el tine or spray finishing 'ii ''' eperations 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 surroundine properties. t - tr Those individuals which are engag d in home occupations shall ` . make available to the fire marshall for review the Material '' t '` afet Data Sheets which ertain to all potentialA _toxic • " , ' and/or flamable materials associated with the use. 6.. No home occur. .1_on shall require aeagr on or off-street parking es i other than that normally r,t uired for a residence: 9. The following uses are not allowed as home occupations a. Auto-body repair and painting. . rs- ` b. Oncoin�, i mechancal repair conducted outside of an entirely enclosed buildino. c. Junk and salvaa . perations aci d. Storage and or sale of fireworkay 1 III 10. There shall be no exterior storage of vehicles of any kind used for the business except ghat one commercially licensed Y HOME OCCUPATION ORDINANCE SECTION 18 142 PAGE 5 } .e e vehicle of not more than three- rters ton C Ana be oharked outside of a structure or screened area. L14,142,05 Pe;rmit Renewal: Applicability] 1 ' [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 18.142.041 . ] :'' [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 f permit renewal application shall be approved or denied in ''' x e;. 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 r occupation permit under the provisions of this chapter or prove eke, - , nonconforming status as per Section 18.142.032. The original permit shall be valid for one year and shall be renewed annually se 1w prior to the expiration date under the provisions of Section 'a 18,142.040. (Ord. 89-06; Ord. 87-20; Ord. 83-32) ] e. 18.142.050 Tyoe I and Type II Home Occupations Defined A. Home occu.ations shall be administered as either ': ..•e I or Type II uses. A separate home occupatl on permit and/or fee is required , `, for each property on which a Tie II home occupation is undertaken. In addition to the •enera]. criteria outlined in Section 18.1.42.040, home occupations shall observe the followim j additional standards: te' .L e, is Tie I Home Occupations: A Tie I home occupation shall exhibit no evidence that a business is beincconducted from • ;4, ', the premises. A Tvoe I home occupation shall not peraait: a. Outside volunteers or eueployees to be end • IL in the business activit, other than the •ersons ' la pra.nc rally res iding on the premises b. Exterior si•na•e which identifies the •roperty a.s a business location- `' 7 CO Clients or Customers to visit the 'remises for any o reason; d. Exterior store eg�of material "i v %{• ': HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 6 A . x ` 2.. Type II Haze ®ccupations: Property on which a TygLa II home , ' occupation is located may €haw evidence that a business is { ;.: being conducted from the premises. therefore the following Allowed for Tie 1I home occupstxons: a. One non-illuminated ss.cm• not exceeding 1.5 square feat. which shallbe attached to the residence or accessory stir ctureglaced in a waiadowa s b. No more than one outside volunteer or ean?slo ee who is not a principal resident of the premises: c. No more than six daily gustomers or clients. Customers ' ; 4 and clients ma not visit the business between the hours of 10x00 p.m. and 8:00 a.m.and shall not generate ,, .- excessive traffic or monogolize on-street parking. d orms of materials, goods, and equipment which is ., ;_ screened entirely from view by a solid fence. Story e is . shall not exceed five .ercent of the total lot area and 1. shall not occur witn the fr nt d, l' yard o or the require , ' hi side yard setbacks. '_` . ,= ` 18.142.040 Ex.iration of A•.roval: Extension of Time Revocation] '-' [A. Approval of a home occupation by the Director shall be effective ' . for a one-year period. ] ,Z' [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 ..t .``* approved by the Director; ] [c. There have been no changes in the facts or applicable n. policies on which the approval was based;] co , [d. The applicable approval criteria in Section 18.142.050 } are satisfied; and] [e. The applicant certifies that he/she is complying with the 4 conditions of approval and agrees to comply in the d 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 ' HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 7 4a } s • M�. a ae,. i..• i. a • .. . .y - '' - • ;.� i ..� I•... - v • / .4' i 1 i 4'.• 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] -,n , ' -' ,:4 : [2. If the applicant moves his residence. (Ord. 9- ; r . - 20; Ord. 83-52) ] 1 x} 18. 142.060 Permit Procedures for Type I and Type U Home Occupations °' A Tie I and II Home Occupations: A person wishing to engage in s: a 4•e I or ;i•e II home occupation must be a .•rinci•al occupant of the pr party. _pay a c►ne-time review fee to the Cityrlree to . abide by the provisions of this chatter, and acquire an annual K: Business Tax Certificate. B. Additional Permit Procedures for 4•e II Home Occu•ationss A Ramp wishinc�to enquge in a Type II home occupation is required to have a ire-a. ilication conference with City staff in accordance ;; with TDC Section 18.32.040 and is also required to submit an. �, ' application and a fee. 4 1. The decision to approve, approve with conditionr deny an • ,,i s, oa•.lication for a a•e I I home occu•ation ..ermit shall be made ; t d' by the Community Development Director upon findin-c,s of whether• 1,{ or not the proposed use: ' t { _44 a.. Is in conformance with the standards contained in this .. chapter -i .°'-.- 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 ppp2arance or operation to 4 neighboring pr®parties and residents. , . M 2. The Director's decision to den an a:• •lication or a•:.rove it 0 with conditions may be appealed to the Hearings Officers _: J i. 3. Upon approval of a Type II home occupation application, the •'+', Community_ Development Director shall issue a preliminan: ■ notice of a..:.roval and •rovide notice of the same to the affected Neighborhood_ Planning Organizataon aid property HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 8 y t'a 1. { _..'-, :. ~ • i tip 4 t . .1 f � Y i v +A •1.. .•0 a ? '1• 1•J. 1 4.', owners within 250 feet of _tie property line of the posed use The decision shall be final within twenty days followi the day of mailing of notice unless appealed to the Hearings Officer. Y ' ` C. Appeals shell be made in accordance with TDC Subsection 18.32.310A at a cost ecual to sixty (6®) ,gaercentsf the City°g standard 'E appeal fees (Ord. 89-06; Ord. 87-20; Ord. 83-52) . 4 [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 I` e:.., occupants of the dwellings;] - [2. The home occupation shall be operated:] ' 4 [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 .4 '-' `' combined residence and accessory structure gross floor ;.-se, area The total area used in the accessory building shall not exceed 500 square feet. Any accessory building ' that is used must meet Uniform Building Code requirements 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 1 property only if the combined floor space usage of both "y. home occupations do not exceed 25 percent of the gross=:'''s'', floor area of the dwelling as calculated in this '1* subsection; ] [3. The home occupation shall be a secondary use to the primary +. use of the residence as a dwelling; ] -, a. . se [4. In residential zoning districts, there shall be no exterior t� indication of the home occupation; no exterior signs shall be used; no other on-site advertising visible from the exterior , shall be used which informs the public of the use except the ea address of the home occupation may be displayed;] Nu [5. Home occupations in commercial and industrial zoning districts a= 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 .4, HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 9 r' 1 k •�,..Y 1 t ,r` LJ {•{ i } . +fir ..,* ♦1 \•r- , :. 4, '1 l y r 1 '1 .1 ,' signs require a City sign permit as stipulated in Section , 18.114.020 of this title;] 'i [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; ] e. [7.[7. The use shall not include any retail sales other than telephone sales; ) , e e [8. The use shall not involve direct sales or service from the 4 :- property necessitating customer traffic to the residence;] x ,5; [9. The home occupation shall not produce any noise or obnoxious odors, vibrations, glare, fumes, electrical interference, heat e ' (detectable to normal sensory perception outside the structure) , traffic or discharge of materials, gases, or '` fluids into the sanitary sewer and storm drainage systems C'; 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; ] v [10. There shall be no other paid employees on the premises other A, than those who are permanent residents of the dwelling; ] ': [11. The use shall not require any additional parking other than .'A 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 Req irements for Tempe II Home Occupation Apdications A. An application for a Type II Ylome occupation shall be made on "=° 't < forms provided by the Community Development Director and shall be accompanied by: IX1. One copy of the applicant's statement or narrative which =` w explains how the proposal conforms to the approval criteria in Sections 18.142.040 and_ 18.142.IQ50: ` 2.. The required fee;; ®® ,; ILI 3. &site plan of the property drawn to scale with a north arrow indicated; The site_,plan shall show, all ama or features of the property including buildings, maior vegetation, ccess for public streets, sidewalks, etc. u. HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 10 Y. Y i_, a 4. One floor plan of all structures on the property which are to be used for the home occupat,-on(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 Re , [ ] [ Requirements for a Home Occupation] Conditions .._ amicable to Tae 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 occ pation permit to ensure :: i ' the requirements of this chapter are complied with These r5'= conditions may include, but are not limited to the followin•: 1. Further limiting the hours, days, place, and manner of operation; e 2. Requiring site and building design features which minutiae '.« r ‘i environmental impacts such as noise, vibration, air pollution, glare, odor, and dust; 3. Requiring additional building setbacks [areas], and increased ,'; 43., =1 lot area [or lot] depth or width; r 4. Further limiting the building area [extent] and outdoor = storage: rased by [of] the home occupation [use] and restricting the location of the use on the site in relationship to adioin..e. uses; ' 5. Designating the size, number, location, and design of vehicle ,t j_.4. access points; .,, 6. Requiring street right-of-way to be free at all time of vehicles [at all times] associated with the kome occupation; • ®. 'y W 7. Requiring landscaping, buffering and or screening, [drainage, c and surfacing of parking and loading areas] of the home `� occupation from ad oinin. uses and establishin standards for : g the continued maintenance of these im.rovernents; 8. Requiring storm drainage imDrovements�, and surfacing of f a parking and loading re aas: [8. ] 9. Limiting the extent and type of interior or exterior '.'': building remodeling nec ess ry a to accommodate the home .= occupation; HOME OCCUPATION ORDINANCE SECTION 18.142 . PAGE 11 r1 e-tip .,. afiligrAIMPIIIIL, . . _ . . [9. ] 10. Limiting or setting standards for the location and intensity of outdoor lighting; [10. Requiring berming, screening, or landscaping and the establishment of standards for their installation and maintenance; ] , 4 j. 11. Requiring and designating the size, height, location, of fences and materials [for fences] used for their construction; - 12. Requiring the protection and preservation of existing trees, [soils, ] and other vegetation, watercourses, sores, wildlife x habitat areas, and drainage areas; .' 13. Limiting the type and number of vehicles or equipment to be , T _; parked or stored on the site; and � d'; 14. Any other limitations which the Director considers to be necessary or desirable to make the use comply with the . v-4 purposes stated in Sections 18.142. [050] 040 and 18.142.050. (Ord. 89-06; Ord. 87-20) j.142.060 Approval and Com.liance for a Business Tax Certificate] e� • ''. [A. No business tax certificate will be issued for a home occupation i until the home occupation application is approved and the .m ''1' applicant certifies that the home occupation will be operated in ,.' • , , strict compliance with the provisions of this chapter and the l : ; ' conditions of approval.. (Ord. 89-06; Ord. 87-20; Ord. 83-52) ] :s wb `= 118.142.070 Time Limit and Revocation] ', [A. The Director may approve a home occupation application subject to i � . 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 r`. 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 m 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 ei within 30 days after the due date; or revocation of the home ., ` occupation permit if not paid within 30 days after the due date. A (Ord. 89-06; Ord. 87-20; Ord. 83-52) ] 4 J 118.142.080 Application Submission Rec�uireanents] [A. An application shall be made on forms provided by the Director and shall be accompanied by: ] •, HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 12 .z 1.. - a, [1. One copy of the applicant's statement or narrative which explains how the proposal conforms to the standards in Section 18.142.050; ] ., [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 maw ] [8. The application form; and] [9. Property owner's signature(s) or written authorisation. (Ord. `} - 89-06; Ord. 87-20; Ord. 86-23; Ord. 83-52) ] 18.142.090 Revocation and Ex•iration of Home Occusation Permits t ' A. The Community Development Director may 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 contra to this chaster. The -•rocess for revocation shall be as •rovided for in Section 18.142.120. B. When a home occupation permit has been revoked due to violation of � ', these standards a minimum .eriod of one ear shall ela•se before another application for a home occupation on the sub ect parcel will be considered. Yd. C. A home occupation permit shall become invalid if the applicant moves his or her residence. { r / 18.142. 100 Action Re.ardin• Com•laints and Violation of tandards A. All home occujpations are subct to review by the Ticrnrd Community ''` A VMS Development Director. B. Com•laints s Com.laints ma be ori•:inated by the City of ard or ,'` the -•ublic. Com•laints from the •.ublic shall clearl state the ob ection to the home occupation; such as: 1. Generation of excessive traffic,, 2. Exclusive use of on-street parking s ap cest 4 HONE OCCUPATION ORDINANCE SECTION 18.142 PAGE 13 a 4 4. c , } ,r 3. Other offensive activities not compatible with a residential neighborhood. ' ' Review of Com.laints: Com.laints shall be reviewed by the Director. The Director shall either a• .rove the use as it exists revoke the home occu.ation .ermit or compel measures to be taken to ensure compatibility with the neighborhood and conformance with is this Chapter. The ogerator of the home occupation may apgeal the Director's decision to the Hearings Officer. ` D. cessation of Home Occupation Pending. Reviews if it is determined by the Communit: Develo•ment Director in exercise of reasonable :4 '` discretion that the home _oocu'ation in cuestion will affect '• ' gubljc health and safety, the use may be ordered to cease pending Hearings Officer review and or exhaustion of all a• •eals. Violation of such an order shall be deemed a violation of this , code and sub ect to `enalties as described in Section 18.142.140. . ;:-, E. Notice of Appeal Hearing: Written notice of a hearing_ on an t `% appeal of the Director's decision to either revoke or not revoke �, -. a home occupaton i _permits shall include its date, time and lace 'y'. and shall be given to the property ownerM, and the personLE 7 undertakin. the use if other than the owner s . Written notice shall also be given to property owners within 250 feet of the use ' and the affected Neighborhood Planni _OrganiYation, and the complainant(s), if any. F. Hearings Officer Review: The Hearin s Officer shall either iy prove the use as it exists, revoke the permit, or compel =f suitable restrictions and conditions tp ensure compatibility with the neighborhood. .` 18. 142.110 Notice of Decision and appeals < P_ Written notice of the Hearings Officer's or Com�axanitt Development ,' Director's decision and associated findinas shall be sent to the ., s; zgg 1 undertakin. the activity the prot�erty(if different than above) , and persona participating in the above proceedings. -. a. B. The determination of the Community Development Director or ti Hearings Officer shall become final unless appealed r ,r W ; 18,142.120 Penalties ;. A. Ion-com n pliace with the orders of the Communityevelopment Director or Hearings Officer as referred above is an infraction unishable by TI+iC Section 1.16.370. 18. 142. 130 Business Tax Certificate Reuired k crr HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 14 ,i.. .y. it+ f i y1 .' .t. '• r l� ti - No Business Certificate will issjed: for a borne occu eta on �, 1. The person wishing to engage L a '`'er@ I home occupation oays the one-time review fee and agrees to comDj,y with the rovision€ of this chaptara or 2. 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 3,. this chapter and the conditions of approval. 18.32.120 Notice of Decision bar DArector • A.l b..iv. a II HoYme Occupatio as Ch. 1& 42.060.b.3. c. All owners of record of property immediately abutting a site c subject to the following types of director's decisions: (i) Temporary Uses; r. 4•,. [(LI) Home Occupations; ] [(iii) ] 3 i Flexible Setback Variances; [ (iv) ] (ii.i) Lot Line Adjustments: and ( (v) ] (iv) Administrative Variances • \kelly\ch18142a I{St - .. HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 15 t -.„ . tot M1 old, . ... • EXHIBIT "A" ghgpter 18.142 HOME ®CCiJPATIONS A, ' Sections: n; ry '. 18.14E2.010 Purpose 18.142.020 Applicability and Exemptions 18.142.030 [Administration and Approval Process] Noaxconforming Uses [18.142.032 Nonconforming Uses] [18..142.035 Permit Renewal: Applicability] 18.142.040 [Expiration of Approval: Extension of Time Revocation] General Approval Criteria and Standards ` 18.142.050 [Approval Criteria] nTpe I and e II Home Occu rations a' Defined [18.142.055 Additional Requirements for a Home Occupation] ' 18.142.060 [Approval and Compliance for a Business Tax Certificate] <: . Permit Procedures 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 App?].cable , °'. to a II Home Occu ation A royals 18.142.090 Revocation and Expiration of Home Occupation Peramits 1 : 18.142.100 Action Regardin. Com.laints and Violation of Standards `< 18.142.110 Notice of Decision and peal€t s 18.142.120 Penalties 4 Y 18.142.130 Business Tax Certificate Required ."...r., • ,, 18.142.010 Purpose A ,'','' A. It is the purpose of this chapter to [regulate home occupations in re=idential, 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: ] • a, [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] y Ca [2. Establish criteria and development standards for home occupations conducted in dwelling units and accessory i ` • -I structures in residential, commercial and industrial zones. ] i.Y' [C. The standards contained in this chapter are intended to ensure that home occupations will be compatible. and consistent with the {'j HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 1 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 y : - 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 x obtaining or ensuring that there has been obtained a permit for such use in the manner provided by this chapter where a permit is _ required• ] [F. It is not the intent of this chapter to regulate hobbies. A home e„--, 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 omportunit o use their homes tin ,{ • `• - small-scale business ventures which could not be sustained if it were necessaryetalgegelsgmegreiegesmeeeteree or because the nature 14 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 4. ' the residential use of the property and are conducu ted in a manner { ' S M• _, that is not detrimental or disruptive in ...toms of appearance or x �= operation to kieie;hboAino rroperties and resideY nts x 18.142.020 1Exemptions] 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. ., '" r: " [A. ] B. Exemptions from the provisions of this chapter area ;, M 1. Garage sales; eZ ce 2. For-profit production of produce ar other food products c,�rown on the premises. This may include temporary or seasonal.Msa1e of produce or other food products grown on the premises. ettl Farming activities shall be consistent with the definition of 2aramin. contained in TDC Charter 18.26 Definitions , -e Ill —1 3. [Not-for-profit hobbies; ] Hobbies which do not result in i payment to those engaged in such activity; � .t HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 2 4 �. i A 4. Proven nonconforming [use] ktome occupations as per TDC Section 4 _. 18.142.030. (Ord. 90-41; Ord. 89-06; Ord. 87-20; Ord. 83-52) ;_ : 18.142.030 Administration and A••oroval Process Nonconformin. 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. ] 41 ..:4=, [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:] a [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 r standard, criteria or requirements of the application.] , [E. The Director shall approve, approve with conditions or deny any f-µ•; 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. ] [ °. 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 18.32.310.1 . (Ord. 89-06; (4 Ord. 87-20; Ord. 8352) ] A. On.oin. home .occu•ations ma be •: anted nonconform status , . 1 provided that they were: ,'. a. m 1. Permitted under Count:, authorit •rior to annexation to the City and have been in continuous ®aeration since initial approval; M 2. Permitted under Cit authorit •rior to 1983 and have since 0 been in continuous operation. J B. 1. A nonconforming situation is further governed b C Chapter $ 18.132 (Nonconforming Situations) . Such use may continue until the use is expanded or altered so as to , increase the i s` HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 3 level of noncompliance with the present City title. (Ord. 89- i 06; Ord. 87-20) y:; `' 2., The burden of •rovin• a home occu•ation's nonconformin. status c y. rests with the property owner or tenant i 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. [18.142.032 Nonconforming Uses] [A. Certain types of use may be granted nonconforming status by the , , City:] I [1. Home occupations under County authority prior to annexation to i �'} <'' ,, 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.] :� [E. The burden of proving a nonconforming status which preserves i 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 level of noncompliance with the present City title. (Ord. 89-06; Ord. 87-20) ] 18.142.040 General A• •roval Criteria and Standards A. All home occupations except those that have proven no nconforming status shall observe the followin• criteria in addition to the standards established for Type I and Tie II Uses described in ,. t * Section 18.142.050 of this chapter. 1. Home occupations may be undertaken oni b the •rinci•al =.a 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 en resulting from the operation. Home occupations shall observe 0 the ro pvisions of TDC Chapter 1 ( 8.090 Enyironmenta1. f Performance Standards 4. The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure. The total HOME OCCUPATION ORDINANCE SECTION 13.142 PAGE 4 , ,, „. , , „. . . e 0 area which xsaav be used in the accessory building for either material product storage astnd/ax the bus .nes-+ activity shall not exceed 528 square feet. Otherwise, the home occupation " .•V, (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; 8 ; home occupation shall not make necessa .•v a change ill the ., `` 'ni.form Buildin• Code use classification of a dwelling unit. x• Any accessory building that is used must meet Uniform Building '' Code requirements and be in conformance with WC Chapter . : 18.144 of this title; 66.. Fiore than one business activity_ constituting two or more home occupations shall be allowed on one propert an3y _if the combined floor space of the business activities does not _ exceed 25 percent of the combine_gross floor area of the residence,and accesso atruscture, Bach home occupation shall 4' apply fora separate home occupation ermit, zf re,�c wired as per this chapter _ and each shall also have se•arate Business Tax Certificates. 77. There shall be no storasse nd/or d[i,stributionof toxic or flammable materials and spray painting or spray fini shinty o erations that involve toxic or flammable materials which n a the jud ement of the Fire Marshall pose a dangerous risk to * *4 the residence its occupants and/or surrounding erties, Those individuals which e en as ed in h ome uu occationss shall -e- :z make available to the fire marshall for review the Material afet Data Sheets which 'ertain to all ••tentiall: toxic and or flamable materials associated with the use. 8. N o ocuatio ll �eire e n or off-street parking her than that normallyu3red for a residence. •`, . 9. The following uses are not allowed as home occupnations: ti = a. Auto--body repair and painting. at b. Ongoing mechanical repair conducted outside of an , entirely enclosed buildi g n . . c.. Junk a W o d. Strage and/or sale of fireworks. 10. There shall be no exterior storage of vehicles of and kind used for the business except that one commercially licea►sed 4 HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 5 /i. '' . .Tom; :F`y 1 •�..V ri. t +'�• 1 - . .7.' { n vehicle of not more than three-quarters ton GVW may be parked outside of a structure or screened area. L8.142.035 Permit Renewal .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 j ' November, 1983 but may be nonconforming as defined in Chapter .-, 18.132 or Section 18.142.032 shall be renewed annually. The permit renewal application shall be approved or denied in accordance with the provisions set forth in Section 18.142.040.]' ,. h, [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 y�; 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. 87-20; Ord. 83-32)] ` r 18.142.050 _Type I and Type 11 Ho pme Occuations Defined q A. Home occupations shall be administered as either Tyne 1 or Type 11 uses. A se•agate home occu•ation sermit and or fee is refired , for each biro„ rty on which a Type 11 home _ ®c__cupation is undertaken. In addition to the .eneral criteria outlined in ,4 Section 18.142.040 home occu.ations shall observe the following - additional standards: 1. Type. I Home Occupations: A Tvte 1 home occupation shall exhibit no evidence that a business is being conducted from t.-. the .remises. A p e 1 home occu•ation shall not •erlsit: v' a. More than one outside volunteer or customer to be engag d no in the business activit. other than the .ersons p' E principally residing on the premises;. CO ' b. Exterior si. a.e which identifies the .ro+ert as a business location: J ea 0 c, Clients or Customers to visit the _premises for anv 1. w reasony d. Exterior storage of materials; y • HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 6 • .4 . -,,.t, ;.LV > y.7+''.■ 4., ,. 4- 4 a 2 4 %•' t. A Y } . 't 4 i;:.",,, %ri i—.] '. 4•., `: 2, Tie II Home Occupations: Property on c�hich a T II _home occu•ation is located ma show evidence that a business is j'' a b conducted frog the Qte miss. Therefore the followina is is allowed for Type II home occupations° ., a.. One non-illuminated not exceeding 1.5 square feet which shall be attached to the residence or accessory structure er placed in_a window rt b. No more than one outside volunteer or employee who is not ; a •rinci .al resident of the :•remises i , c, No more than six dais customers or clients. Customers and clients may not visit the business between the hours of 10:00 p,m. and 0:00 a. .annd shall not generate excessive traffic or mono. •line on-street •arkin d. Storage of materials, goods, and ec ,uent which is. screened entirely from vista a solid fence. Storage shall not exceed five •ercentof the total lot area and shall not occur within the front yard or the required side yard setback` [x..8.142.0 0 R iration of Approval: Extension of Time Revocation] F' [A. Approval of a home occupation by the Director shall be effective for a one-year period. ] t [H. The Director shall renew the permit upon:] r1>' ,n [1. Application and payment of a fee by the applicant; and] [2. Finding that:] [a. All of the conditions of approval have been satisfied;] i, [b. There has been no change in the original application :` r Sar,.I 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] g , ..1 . [e. The applicant certifies that he/she is complying with the CO conditions of approval and agrees to comply in the future. ] ;`. ..a [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 ' HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 7 fi x t i t ,.. i' . . . .... . .. .t. _ :r+ 1 .: ,. >,� .. .. 4.• • - n lir' alleged violation has bee n re orted to the Plannin decision may be appealed as provided. by Subsection 18.32.310.x,.] e [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.] , 13,, 5 [E. A home occupation permit shall become invalids)e [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- 20s Ord. 83-52) ] 38 142.060 Permit Procedures for i.e L and ,�.• II Home Occu.ations k A. Type I Home Occupations: A Tie I home oup ccation does not 4 o require a home occu�ion permit or annual review and renewal. A. . person wishing_p engage in a Type I home occupation must lie a •rinci•al occu.ant of the •rosert •a : a one-time review fee to the City, agree to abide by the provisions of this chapter. and acquire an annual Business Tax Certificate. e.1 * , B. Permit Procedures for A.e II Home Occupations: A .erson wishing to engage in a Type II home occupation is required to have apse- application conference with Citv_staf in accordance with TDC. Section 38.32.040 and is also re. iced to submit an application and a fee, t k 3. The decision to a• .rove a.•rove with conditions or den an . a pplication for a =_ II home occup tio an permit shall be made the Community Dev lopment Director upon .findings of whether or not the proposed use: eel p a. Is in conformance with the standards contained in this chapter; , ' b. Will be subordinate to the residential use of the a., property IX z '' c. Is undertaken in a manner that is not detrimental nor disruptive in terms of a ea pprance or operation to neiyhborinc properties and residents. i _ The Director's decision to deny an application or approve it , with conditions may be appealed to the Hearings Officer. 3. Upon approval of a Type II home occupation application® the ' Communit Develo.*_nent Director shall issue a p imina notice of a.. .roval and .rovide notice of the same to the 'r: HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 8 K: 14. of is affected Neighborhood Planning O:cLtani.zaton and property f , owners within 250 feet of the prosed use. The decision shall be final within twent da s followine „the da ry of mailing ,; of notice unless_ appealed to the Hearinc, s Officers f C. A•, ale shall be made in accordance with TDC Subsection 1832.310A 1'± at a cost equal to s,xtgr [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 r•°: following approval criteria, without exception:] 1.-:, '. [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 4 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 a area. The total area used in the accessory building shall not exceed 500 square feet. Any accessory building that is used must meet Uniform Building Code requirements and be in conformance with Chapter 18.144 of this title. r Variances to the accessory use requirements may be k, e', applied for as per Chapter 18.134; and] " (b. More than one home occupation shall be allowed on any one r 4 property only if the combined floor apace 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 IZ indication of the home occupation; no exterior signs shall be used; no other on-site advertising visible from the exterior shall be used which informs the public of the use except the '• ei address of the home occupation may be displayed;] to • la [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 a HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 9 ie. 7 ;. signs require a City sign permit as stipulated in Section 18.114.020 of this title;] .L [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 � ,. � 4.. 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; ] , e [7. The use shall not include any retail sales other than , '' d`' telephone sales; ] s < [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 w odors, vibrations, glare, fumes, electrical interference, heat (detectable to normal sensory perception outside the structure), traffic or discharge of materials, gases, or r ,- J 4+ fluids into the sanitary sewer and storm drainage systems A. i. which are either in excess of what is normally associated with i residential use or which exceed the performance standards set forth in Chapter 18.90; ] ,s [10. There shall be no other paid employees on the pre�amises other { than those who are permanent residents of the dwelling; ] !" [11. The use shall not require any additional parking other than x. ee that which is required for the residence; and] s [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 ,+e II Home Occu.ation A.' .lications • s A. An application _for a Type II home occupation shall be made on } I :°f 1'. forms provided by the Commmunity Dej1e oQment Director and shall be { accompanied by: j _ A. O. a • E w 1. One copy of the applicant's statement or narrative which y 0 explains how the proposal conforms to the approval criteria in i Sections 18.142.040 and 18.142.050, 74 • t 2. The required fee; CD 3. A site elan of the pxpperty drawn to scale with a north arrg 1; indicated; The site plan shall show all major features of the 44 preperty including buildings, major vegetation, access for public streets, sidewalks, etc. p ' HONE OCCUPATION ORDINANCE SECTION 18.142 PAGE 10 2 ry �f 0 e . .., - ,. . . 4. One floor plan of all structures on the property which are to 3., be used for the h6me occMPaton(os j • • : 5. One title transfer instrument; 6. One assessor's map; 2. 7. Property owner's signatures) 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 4 14pplicable to Tv®e �tI , cane Occupatian A pravals A. The Community Development Director may impose conditions [on the - approval of a home occupation permit which he finds are necessary r to ensure the use is compatible with other use in the vicinity.] upon the approval of a Type �I hone occupation ermit to ensure et the rer�uire;ments of this chapter are coan,.plied with, These e: 5: conditions may include but are not limited to the fallowin+ : + , 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 bpi] inc setbacks [areas], and increased lot area [or lot] depth or width; • .1 , 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 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 [at all times] associated with the he occupation; an„ f' `: 7. Requiring landscaping, bufferin anc or screening, [drainage, - CO and surfacing of parking and loading areas] of the home ,.. occupation from ad':oianin•. uses and establishin•: standards for .� the continued maintenance of these improvements; 1111 8. Requiring storm drainage improvements, and surfacing of parking, aaad loading areas; [8. ] 9. Limiting the extent and type of interior or exterior building remodeling necessary to accommodate the homes occupation; e . , , HOME OCCUPATION ORDINANCE, SECTION 18.142 PAGE 11 { y.' [9. ] 10. Limiting or setting standards for the location and t. A .j: intensity of outdoor lighting; �•: ;F. [10. Requiring berming, screening, or landscaping and the ` ,, establishment of standards for their installation and maintenance;] Requiring and designating the size, height, location, of fences and materials [for fences] used for their construction; `'{,.' 12. Requiring the protection and preservation of existing trees, [soils,] and other vegetation, watercourses, slopes, wildlife f habitat areas, and drainage areas; 13. Limiting the type and number of vehicles or equipment to be ,_ 9' 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 5< purposes stated in Sections 18.142. [050] 940 and 18.142.050. (ord. 89-06; Ord. 87-20) . ee 518.142.060 Approval.- and Compliance for a Business Tax Certificate] , [A. No business tax certificate will be issued for a home occupation . -f until the home occupation application is approved and the " applicant certifies that the home occupation will be operated in f 4 strict compliance with the provisions of this chapter and the - ' ` conditions of approval. (Ord. 89-06; Ord. 87-20; Ord. 83-52) ] [18.1.42.070 Time Limit and Revocation] [A. The Director may approve a home occupation application subject to a specific time p period at the termination of which there shall be f a renewal application to determine if all of the conditions and ` provisions of this chapter have been satisfied. The permit shall e:' be renewed if all of the conditions have been satisfied. ] [B. The Director may revoke a home occupation approval if the f conditions are not satisfied as provided by the original home ed occupation permit or the most recent renewal permit. ] C. Failure to [C. pay the annual renewal fee shall result in the assessment of an additional five dollar processing fee if paid 1 Mama' t within 30 days after the due date; or revocation of the home • al 4 MS occupation permit if not paid within 30 days after the due date. i w (Ord. 89-06; Ord. 87-20; Ord. 83-52) ] [18. 142.080 Application Submission Requirements] [A, An application shall be made on forms provided by the Director and shall be accompanied by: ] M HONE OCCUPATION ORDINANCE SECTION 18.142 PAGE 12 1 i a,"h • 1 r fi� [1. One copy of the applicant's statement or narrative which -: explains how the proposal conforms to the standards in Section ...-,: .., 18.142.050;] [2. A list of names and addresses of all persons who are property owners of record immediately abutting the site;] -4, , } [3. The required fee;] [4. One plot plan of the property;] ti [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 Comr�unityr Development Director may revoke a home occupation } approval if the conditions of a prova]. have not been or are not being complied with and the home occupation is otherwise being conducted in a manner contra to this chaster. The rocess for revocation shall be as srovided for in Section 18.142,120 B. When a home occupation permit has been revoked due to violation of these standards a min%mum period of one year shall elapse before `, y another application for a home occupation on the subject parcel ;;: === 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• Complaints and Violation of Standards ' n. A. All home occupations are sub to review by g y the Tiard Communit ' fDevelopment Director. L B. Coat plaints: Complaints pray be originated by the Citw of Tigard or t the public. Complaints, from the public shall clearly state the objection to the home occupation, such as: in 1. Generation of excessive traffic s 2. Exclusive use of on-street parking spaces; { HONE OCCUPATION ORDINANCE SECTION 18.142 PAGE 13 :., • A - ;-. • _ 0 ii 3. Other offensive activiti not compatible with a residential ' es neighborhood. C. Review of Com•laints: Com•laints shall be reviewed through one of , two alternative pggagdures. The Community Development Director shall determine whether tine complaint involl,es either a subjective or objective breach of standards. { .2 1. If it is determined that the violatipn(S in question are objective complaint shall be reviewed 4y_the Director. The Director shall either 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 Chaster. The operator of the home occupation may appeal the Director's decision to the Hearings Officer. , 2. If it is determined that the alleired violations are u jab i in nature, the Community Development Director shall arrange to meet with the complainant and the operator of the home occupation and develop a means for resolving the complaint D. Cessation of Home Occu•ation Pendin. Review: If it is determined s by the Community Development Director in exercise of reasonable discretion that the home occupation in • estion will affect .ublic health and safet the use ma be ordered to cease pending ;4 Hearings Officer review and or exhaustion of all a• .eals. iolation 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 Hearin.: 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 •lace --<' e and shall be given to the property owner sand the persons) undertaking the use if other than the owner(s 4 , Written notice , shall also be given to property owners within250 feet mf the use .^ ,e,; and the affected Nei•hborhood Planning Or•anization and the Y_ (e, ' complaina nd nt(s) . if a ■ F. Hearings Officer Review: The Hearings Officer shall either g. aoprgve the use as it exists revoke the .•ermit, or com•el .,:z: . EC ' suitable restrictions and conditions to ensure compatibility with the neighborhood. 18.142.110 Notice of Decision and Appeals t ta 0 A. Written notice of the Hearings Officer's or Comrnunit Develo.ment A Director's decision and associated findings shall be sent to the r person(,s l undertaking the activity, the prolerty (if dif ferettt than above) , and persons participating in the above_roceed nos. fit; HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 14 4b B. The determination of the Communit;; Develo.ment Director or Rearm •s Officer shall become final unless appealed. 18.142.120 Penalties A. Npn--coi pliance with the orders of the Gomununii y Development Director or Bearincfficersas referred above is an infraction punishable TM Section 1.16 37©. 18,142.130 Business Tax Certificate Ro ,uiree A- No Business _ ertificate will be issued for _a home occu.ation y :. until: ;< 1. The person wl.shi.n• to en.a e in a I e- I home occu.ation •a 's the one-time review fee and agrees to com ly with the provisions of this chapters or 7.; 2. 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 b- Director A.l.b.iv. 4.e II Home Occu.at ons f Ch. 18.142.060.b.3. 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) ] (ii) Flexible Setback Variances; `a [ (iv) ] iii Lot Line Adjustments, and ((v) ] (iv) Administrative Variances ems 4 \kelly\ch18142a �r. HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE .,15 u j. '; = EP.ATA F: EXHIBIT "A" , b "; r HOME OCCUPATIONS Y 18.142.060 Permit Procedures four yj e I and Tie II' Home Oocaapationa A. e I and II Home` Occu ations s A person wishxrag to y . engacie in a Tye I and Type I I home occ ration must be a principal occupant of the Property. tray a one-time review - ti - fee to the ty. agree to: abide byr the provisions of this chapter, and acquire_an annual Business T: z Certificate. B. Additional Permit Procedures for Tie II Home i 4r ®ccupations a person wishing to era awe in Tie II , y., home occupation' is required to have a tre-anp cation_ .+ ?', R- conference with City staff in accordance with TDC Section 10,32.040 and is also revired to submit an app1iration and a fee. • oll ' ..._.._... .......... .......,.+,......—."."............... ..��.�.s•.,..am.._... w..�r�... �..............—.+".�... ....r .. - 4.. 1 '. x _ }, COUNCIL. AGfet ITEM NO. 5 ix CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY A G E N D A OF October 2 2. 19 9 DATE SUBMITTED: Octo ,9 ber . 191 ISSUE/AGENDA TITLE: Home 0cc. Amend. PREVIOUS ACTION: Planning Commission recommendati.on 1_ om Se.tember 23 , ' : Public Hearin t Tr PREPARED BY: DEPT HEAD OK 4111W CITY ADMIN OR "RI/REQUESTED BY: �d Hu by `i _ISSUE BE OIL THE COUNCIL Should the City make revisions to the Home Occupation provisions of the Community Development Code? r STAFF RECOMMENDATION It is recommended that the Development Code Chapter 18.142 be amended to create Type I and Type II Home Occupations with revised review criteria and standards. INFORMATION SUMARY The Planning Commission, NPO°s and City staff have spent part of the last several months studying the Home Occupation permit process. The attached ordinance *„Y reflects revisions due to that study. It is an attempt to simplify the process :'. for both the public and City administration. In essence, the process for the type of home occupations which the City now allows would be a simplified over--the- counter review. These would be called "Type I" Home Occupations and would be � issued with no notice to surounding propety owners and no yearly renewals. In -{ = addition, a new type of home occupation would be created which would allow up to six customers, one employee and one sign. This "Type II" Home Occupation would is require notice to property owners within 250 feet of the property on which home occupation is proposed '' - - „ PROPOSED ALTERNATIVES 1. Approve the changes as recommended by the Planning Commission by adopting the attached ordinance, 1 ., 2. Modify or add to the proposed changes. 3. Retain the existing code provisions. a. 2 _ FISCAL NOTES The amendments would eliminate the need for renewal of Home Occupations. This ' would reduce revenue approximately $750 yearly based on average number of renewals (75 per year @ $10 each) . • • j. �. t i MEMORANDUM .- CITY. OF TIGARD, OREGON t F • ;`-,, TO: Pat Reill; FROM: Ed Murphi r K :' DATE: October 3, 1'91 SUBJECT: Proposed Amendments to Development Code Ch. 10.142 pertaining to Home Occupations OVERVIEW { a ;' Summary: The Planning Commission, NPO's and City staff have spent , part of the last several months studying the Home Occupation permit ;'. process. The attached ordinance reflects that study. It is an `. attempt to simplify the process for both the public and City t' administration: The revised ordinance provisions also create new standards and flexibility for home occupations by creating different review processes and standards for two distinct types of Home Occupations -- the Type I and the Type II. a Policy Implications: Should the City allow Home Occupations :,< exhibiting no evidence of a business to be permitted with minimal review (Type I) and establish new criteria and standards for Type 4 ,F, II Home Occupations where there is a xtbrnal evidence of a business (sign, customers and employee) , • / . Financial Impact: This would eliminate the need for renewal of 3 Type I Home Occupations (approximately 75 a. year at $10 each or • $750 a year in fees) . i j{ Recommendation: It is recommended that the Development Code be ;' � +A amended to create Type I and Type II Home Occupations. ,,' ®. ANALYS I S Background The City had received some complaints regarding existing home occupation requirements relative to the limitation of some home ,1 ' uses and the complexity of the process. City staff initiated the C9 proposed changes because of the public comments and its experience . f with code provisions in other jurisdictions. City staff has been concerned that the existing process for many home uses is too time } consuming and unnecessary especially in terms of the revenue - produced to time spent. Individual members of the public are in some instances inconvenienced by the existing process without Inns , , ' significant benefit to the general public. Many communities ;,r S y. f ! r a• tr " including Gresham and Albany, among others, have more permissive a a,, home occupation provisions than Tigard. y F1 , - Staff developed the attached home occupation revisions. The ` , provisions are the result of the review of the NPO's and the • Planning Commission. ,..; Summary of the Proposed Chanaes The purpose section of the Home Occupation requirements (18.142.010) has been substantially shortened and indicates that home occupations are to permit small scale business ventures in the home and that the standards are to ensure there is no disruption to . " neighboring properties. • . The applicability/exemption section (18.142.020) adds exemptions for profit production of produce grown on the premises, hobbies , r which do not result in payment to those engaged in the activity and e Y , for non conforming home occupations established prior to annexation -: and prior to 1983. A , "' r3 Section 18.142.030 establishes new guidelines for the consideration of home occupations that would be considered non conforming. 1'.,' Section 18.142.040 establishes criteria and standards for all home y ' occupations relating to effect beyond the property line, maximum ";,; square footage, toxic and flammable materials, uses not allowed and w A, limits on external storage of vehicles. : essef' n e `'K., Section 18.142 050 defines Type I and Type II Home Occupations Ve :si: Type I Home Occupations basically exhibit no external evidence of a business while Type II's may indicate external evidence such as .; a sign, 6 clients, external storage behind a fence and one 4, employee. Section 18.142.060 establishes permit procedures. In effect, Type • I's would require only an initial review and no renewal. This is T � , a simple over-the-counter administrative review. Type II's would ,L require notice to property owners within 250 feet with the decision s, final after a period of 20 days to allow time for NPO appeal. __ a. Appeal fees are suggested to be reduced to 60% of the standard ,..,, appeal fee of $235. l 0 Submission requirements for a Type II Home Occupation are established in Section 18.142.080. i. i1 + , ,ry Section 18.142.080 establishes modified conditions that may be ,;; applied to Type II's. ;s ' Section 18.142.090 provides a basis for revoking a home occupation ' 44 4. should conditions of approval not be followed or if the use is being conducted contrary to the requirements of the Chapter. 5_ 3 A complaint process is established in Section 18.142.100 while - t Y 4, 18.142.110 provides requirements for appeal of a decision on a s complaint. Section 18.142.120 refers to penalties as an infraction of. the Tigard municipal Code. Section 18.142.130 coordinates the Home Occupation permit with the Business Tax Certificate. Section 18.32.120 is changed to delete home occupation decisions from notices to adjacent property owners since 18.142.060 requires �y greater notice (to 250 feet) . Alternatives o Change the Development Code as proposed o Add changes or modify the proposed changes (for instance deletion of Type II home occupations) } ' o Retain the existing code provisions -I Conclusion • The proposed changes will simplify and improve the process for the a public and staff administration as well as provided more flexibility for certain types of home occupations. a: , a .t,. .. i � CITY'OF .''TIGARD, OREGON. CE NO. 93.'"'®RDI2M X5N,1 ' ORDI NCE T® %MEND AND REPEAL VAH$IOYTS PROVISIONS OF COMMUNITY DDVEIOPN ENT' '.::::: i :®DE PERTAINING TO Fib QCCDPAT,CBNS, CE�J?TE� 18.142.010 ODGH' 18.142.130 AND + 1, R 18'31*120 REGARDING`NOTICE OF' DECISION. ' +1BE , the City of 1igard finds s it necessary to revise its C unity Development ,�; 'ode' periodically to improve the operation and implementation of the Code; anti ' iR ^, :he City of Tigard desires to add flexibility to and streamline the home 1 occupation processP and REAS, on City of Tigard Planning Comm .ssian reviewed the staff recommendation , at a public hearing on September 23,E 1991 and voted to rec mmend approval of the ' amendment to the City Council; and '..1-: .-11'''" "s , the City Council held a public hearing on October 22, 1.991 to consider the amendment } THE CITY OF TIGM ORDAINS AS FOLLOWS s SECTION S.z The Community Development Code shall be amended as shown in Exhibit :•.-4`K. NA". Language to be added is U1�DDEf LINED. Language o deleted t=} ' � is shown in [Brackets]. d<` This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. t '-• PASSED: Ey ' vote of all Council members present after being read by.number and title only, this clay o f J_a;.s: 91 , ' :a:. Catherine Wlhertley, City Recorder I991� • APPROVED: This day of { �; Gerald R. Edwaards, Mayor form: Approvers as to 1: City Attorney . Date 1" ORDINANCE No- 91- 4 !4': Page 1 4l 4 't, 5 ..b:, s. 1 t r ! t{ I 4'P- y.i EXHIBIT o'A" Cher 18.142 HOME OCCUPATIONS ` 1 Sections: !i "` 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 Approval Criteria•and Standards 18.142.050 [Approval Criteria] Tie I and Type II Home Occuations Defined ` �, [18.142.055 Additional Requirements for a Home Occupation] 18.142.050 [Approval and Compliance• for a Business Tax Certificate] Permit Procedures 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 VI_Type II Home Occupation Approvals ` 18.142.090 Revocation and Expiration C Home Occupation Permits 18.142.100 Action Regarding.Com•laints and Violation ation of Standards ,:- ^ 18.142.110 Notice of Decision and Appeals .. 18.1421120 Penalties 18.142.130 Business Tax Certificate Required 18.142.010 Purpose K 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- [1. A secondary, lawful use to the primary residential use of the premises upon which they are found; and] ,:. J ,. [2. Not disruptive of the residential area. ] •` L_ [B. The purpose of this chapter is also to:] t [1. Permit residents of the community a choice in the use of their homes as a place of livelihood and the production or k supplementing of personal income and family income; and] d„ [2. Establish criteria and development standards for home ' I occupations conducted in dwelling units and accessory ILI 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 HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 1 d, 1 J: k s, .. . .- x .4'... v ... ■ ,. e _ .•; '1'. 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 r, these services are provided to the residential population for ` which they were planned and constructed rather than for commercial or industrial use. ] a } r ' [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 n ; obtaining or ensuring that there has been obtained a permit for such use in the manner provided by this chapter where a permit is required. ] [F. It is not the intent of this chapter to regulate hobbies. A home YS occupation is to be geared ultimately towards financial gain. ; z: (Ord. 89-06; Ord. 87-20; Ord. 84-73; Ord. 83-52) ] � , 1. Permit residents an oop rtunity to use their homes to enrage in small-scale business ventures which could not be sustained if it 3 were necessarcr to lease commercial arters or because the nature of the activity would make it Limsracticald to a full scale enterprises 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 .ro•-rt and are conducted in a manner that is not detrimental or disruptive in terms of appearance or Qperation to neigh g borinrorti p pe es and residents. z 18.142.020 [Exemptions] Applicability anti Exemptions ;.. 11. 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 i - 4'. of, contrary to the provisions of this chapter. I [A. ] B. Exemptions from the provisions of this chapter are: 1s Garage sales; - 2. For-profit production of produce or other food products grown Y'; t. o `i y a of produce or other food products grown on the premises. al Farming activities shall be consistent with the definition of :` t9 farming contained in TDC Chapter 18.26 4,.,>efinit ion.sj o 3. [Not-for-profit hobbies;] Hobbies which do not result in payment to those enraged in such activity M ' NONE OCCUPATION ORDINANCE SECTION 18.142 PAGE 2 , ,e.:‘i , "y I dT ,, 4. Proven nonconforming [use] Some occupations as per EflC Section , _ . 18.142.032. (Ord. 90-41; Ors . 89-06; Ord. 87-20; Ord. 83-52) . „: 18. 142.030 [Administration and Approval Process3 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 =,a ea, accordance with Section 18.32.041 . ] [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 c.ix months:] z z ' [1. Another preapplication conference is required if any variance :- application is submitted six months after the preapplication; ." ;; and] e [2. Failure of the Director to provide any of the information 4 required by this chapter shall not constitute a waiver of the , standard, criteria or requirements of the application.] [B. The Director shall approve, approve with conditions or deny any a °'4 application for a home occupation. The Director shall apply the a : a standards set forth in Section 18.142.050 when reviewing an application for a home occupation. ] _'' x1} ' [F. Notice of the Director's decision shall be given as provided by e.',. 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)] 1a A. Ongoing home occupations may be granted nonconforming etatus a. provided that they were: w * 1. Permitted under Count authority prior to annecation tothe _ City and have been in continuous aeration since initial ,: ca 1 approval a 2y Permitted under City authority prior to 1983 and have sine in : been in continuous operation. t 69 B. 1. A nonconforming situation is further governed. by_TDC Chapter 18 432 (Nonconforming Situations) . Such use may continue until the use is expanded or altered so as to increase the HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 3 41. n '.9 4 i. e l r b 1 ,x a {., 4s 1 M• { ' level of noncompliance with the present City title. (Ord. 89- , 06; Ord. 87-20) ' 2... The burden of proving a home occupation's noncomf®x�nin status , rests with the „property owner or tenant. e' C. Home occupations without Cit or Count: a• roval which cannot prove nonconfornr to status shall be considered in violation of this chapter and shall cease uftil the appropriate a• .rovals have been granted. J. 18.142.032 Nonconforminc_ Uses] 4. _'',7 [A. Certain types of use may be granted nonconforming status by the ` City: ] , [1. Home occupations under County authority prior to annexation to i the City which have been in continuous operation, and which i' t ti? have been, or would have been found to meet the County's ,' requirements; and] -- [2. Home occupations under City authority which have been in < ''• _`;,'4 continuous operation and which began operation prior to 1983. ] ., se ,- [B. The burden of proving a nonconforming status which preserves i .}aa. > nonconforming rights, rests with the property owner or tenant. k' `` ' Such a status is further governed by the :.gulations contained in •`1 Chapter 18.132. Such use may continue until the use is expanded -' or altered so as to increase the level of noncompliance with the :. present City title. (Ord. 89-06; Ord. 87-20) ] q de-1-'e. 19.142.040 General Approval Criteria and Standards A. All home occupations except those that have proven nonconforming 1 , <' status shall observe the followin• criteria in addition to the standards estaseor Tp d y Section 18.142 050 of this chapter. _ J 1. Home occupations may be undertaken only the principal 1,°' . occupant(s) of a residential property; .. D. ,' 3. There shall be no more than three deliveries per week to the GC residence by suppliers; CO 3. There shall be no offensive noise vibration. smoke dust, odors, heat or glare noticeable at or beyond the propert r line al resulting from the operation. Home occupations shall observe the provisions of TDC Chapter 18.090 Environmental wPerformance Standards) ; r; 4. The home occupation shall be operated entirely within the r dwelling unit and a conforming accessory structure. The total • ' HMO OCCUPATION ORDINANCE SECTION 18.142 PAGE 4 t w is a , jY area which maybe used in the accessory building for either material product storage and/or the business activit shall 3 :_ 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; { • e. i b. A home occu•ation. shall not make necessary a change in the Uniform Bnil ding Code use classification of a dwelling unit. Any accessory building that is used must meet Uniform Building Any Code requirements and be in conformance with TDC Chapter a 13.144 of this title; 6_•O. More than one business activity consta,tutina two or more home : . occupations shall be allowed on one property only if the �• �, _. combined floor - s.ace of the busin_busin-ss activities does not exceed 25 percent of the .combine oss floor area of the residence and accessary structure. Each home occupation shall: t • ;` ap�llr fo*. a separate home occuation permit, £ required as per this chapter, and each shall also have separate Business Tax Certificatest 7 There shall be no storage apd/or distribution of toxic or flammable materials and s.ra .aintin or sera finishing °, operations that involve toxic or flammable materials which in the iudaement of the Fire Marshall pose a daps eerous risk to to t' ,�� ? '. the residence its occu•ants and or surroundin •ro erties z Those individuals which are engaged in home occupations shail make available to the fire marshall or review the Material Safet Data Sheets which ertain to all otentially toxic ,'; 1�`` and or 2lama.ble materials associated with the use. _`? T-- 8. No home occupation shall recuire_my on or off-street parking tt y . other than that normally_zet haired for a residence; .11'i- .,. 9. The following uses are not allowed as hone occupations a. Auto-bodyrerair and paintinet ix 1 b. Ongoing mechanical repair conducted outside of an , . { entirely enclosed building . - c. Junk and salvage operations. fil 6U d. Storage andLor sale of fireworks. ILU 10. There shall be no exterior storage of vehicles of jy kind . used for the business exce.t that one comma-rciall : licensed r , 4 1 ` HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 5 e., k vehicle of not more than three-mart:ers ton GVW xaay be_parked t ' outside ofa structure or screened area $,8.142.035 Permit Renewal: Applicability] • [A. Home occupation permits issued under the provisions of this title n. 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 renewal application shall be approved or denied in 1 , accordance with the provisions set forth in Section 18.142.040.] (C. Home occupation businesses which existed without a valid home a ''� ' occupation permit prior to November, 1933 shall apply for a home xs ' occupation permit under the provisions of this chapter or prove nonconforming status as per Section 118.142.032. The original z ;:+ a 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. 87-20; Ord. 83-32) ] n f: -2.:-.-. 18.1.42.050 e I and Tvtae II Home Occupations Defined .,'..,n y4 A. . Home occupations shall be administered as either Type I or Type II uses. A separate home occupation pe: Lt and or fee is required for each_property on which a II home occupation i,s undertaken In addition to the general criteria outlined in Section 18.142.040 home occu•ations sh,al.l observe the £ollowinar o., additional standards: 1. Type I Home Occupations: A Type I home occimiatlon shall • n' exhibit no evidence that a business is being■conducted from they ,premciaes. . A Yugo I home occu�,tion shall not permit t a. Outside volunteers or emAlovees to be enca '.' in the business activi tIr other than the. persons ®. parineipalllr residing on the nremi.s :. • 0 b. Exterior sianage which identifies the roperty as a business locations . c Clients or Customers to visit thep_remiees for any gn reasonI tgt -.9 d. Exterior storage of materials; HONE OCCUPATION ORDINANCE SECTION 18.142 PAGE 6 ' k, • z • .. •1. �wY ... •:., .. r, .s 1 `.\, 1. .- _ _ .. .. �F a. x i .t r .'�ti. fl. �'). . Alk NW 0 r 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 fol.lowinq allowed for Tyke I I home occupations 1 _� ' a. One non-illuminated si. not exceeding 1.5 s. are feetC a which shall be attached to the_ residence or accessory; structure or placed in a windows b. No more than one outside volunteer or em loyee who is not a principal resident of the premises c. No more than six Bail customers or clients. Customers e and clients may not visit the business between the hours ' - 'e of 10:00 p.m. and 8:00 a.m.and shall not generate excessive traffic or monopolise onm street parkin ' d. Storage of materials, goods, and equipment which is screened entirely from view by a solid fences Storage shall not exceed five percent of the total lot area and shall not occur within the frontward or the required side yard setback; `{ l'' 518.142..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. ] A } [a. The Director shall renew the permit upon:] [1. Application and payment of a fee by the applicant; and] JY [2. Finding that: ] r } Y' a [a. All of the conditions of approval have been satisfied;] chan a b. There has been no in the on C g original application }` �� , , approved by the Director;] Y.. [C. There have been no changes in the facts or applicable $_ policies on which the approval was based; ] z [d. The applicable approval criteria in Section 18.142.050 I° , are satisfied; and] L [e. The applicant certifies that he/she is complying with the conditions of approval and agrees to comply in the w : future. ] . taa ? - [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 r I e. r HONE OCCUPATION ORDINANCE SECTION 18.142 PAGE 7 ,, j + a .�.LY ♦r• a a d ,� r w;°s h , `E.... s ;: { e ° 'y ,c { i ' .,i+t . ,,.. . . . t•,, ..„ . e - • . .. • • • ,. , _ - ,. _ . ,:.,_ .= alleged violation has been reported to the Planning Division. The 4I decision may be appealed as provided by Subsection 18.32.310.A. ] 74, " "The [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. ] r [E. A home occupation permit shall become invalid: ] e, [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- r` 20; Ord. 83-52) ] 18.142.060 Permit Procedures for Type I and Type II Home Occupations "S!,. { A. Type I Home Occupations: A Type I hoarse ocC p tlon does not y f,; require a home occupation permit or annual review and renewal. A y. person wishing to engage i n a Type I home occupation muct be a p nc ipal. occupant o f the nrg2ert f,Pam a T one-tune review _tee to ' 'A the. City, agree to abide by the paovisions of this chapter, and ," mire an annual Business Tax Certificate. , s, B_. Permit Procedures for Type II Horae Occupations: A person wishing to engage in a Type II home occupation is required to have a pre- lication conference with City staff in accordance with TDC ; Section 18.32.040 and is also re•L fired to submit an a• •lication and z`' , a fee. te 1 The decisiontico approve, approve with conditions, or deny an 5' application for a Type II home occupation permit shall be made ¢'a s bar the Community Deyelz�pment Director upon. findings of whether or not the proposed use: ae Is in conformance with the standards contained in this f<. jiy Chapter i b. Will be subordinate to the residential use of the propertys 1 c. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or operation to , neie�hboring properties and residents. 4 ra 2. The Director's decision to deny an application or approve it e. C with conditions may be appealed to the Hearings Officer. 3_. Upon approval of a Tyke II home occupation applications the Comnaunit Development Director shall issue a prel minaret notice of a. •roval and •rovide notice of the same to the , ` , HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 8 <: x {. yo- '• r • , . affected Neighborhood ng Oxtxanization and property owners within 250 feet of the •ro•est line of the proposed •'' " use The decision shall be final aithi:n twenty days followinxa J T the day of mailincd of n®tice unless appealed to the Hear .nc{ s Officer. x 0. C. A..-als shall be made in accordance with TDC Subsection 18.32.310A at a cosh ecrual to sixty 4601 percent of the .City's standard Appeal fee. (Ord. 89-06; Ord. 87-20; Ord. 83-52) . n j8.142.050 ApnrgTal Criteria] [A. Issuance of a home occupation permit shall allowed only for x " ll be home occupations which can successfully meet all of the -; following approval criteria, without exception:] � 4 [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:] v" 1 } (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 i combined residence and accessory structure gross floor 4 area The total area used in the accessory building 1 shall. not exceed 500 square feet. Arty accessory building ,, * that is used must meet Uniform Building Code requirements j =' and be in conformance with Chapter 18.144 of this title. s Variances to the accessory use requirements may be ' 'f ` applied for as per Chapter 18.134; and] 5 ; [b. More than one home occupation shall be allowed on any one p4 property only if the combined floor space usage of both si; 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 ' a • use of the residence as a dwelling;] 1., x c [4. In residential zoning districts, there shall be no exterior j 5:: indication of the home occupation; no exterior signs shall be .r used; no other on-site advertising visible from the exterior a shall be used which informs the public of the use except the ; gn CD address of the home occupation may be displayed;] IA . • [5. Home occupations in commercial and industrial zoning districts x . 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 . e..4 HONE OCCUPATION ORDINANCE SECTION 18.142 PAGE 9 • 4 ,. signs require a City sign permit as stipulated in Section �a 18.114.020 of this title;] [6. There shall be no outdoor storage or display of materials, o 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 i ,` 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 F}` odors, vibrations, glare, fumes, electrical interference, heat %.H { (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; ] k Z.. .' [10. There shall be no other paid employees on to premises other .A than those who are permanent residents of the dwelling;] Y:. -P( a' : [11. The use shall not require any additional parking other than 4,, that which is required for the residence; and] a....- [12. There shall be no more than three deliveries per week to the ,r,s 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 fpr a Type II home occupation shall be made on forms provided by the Community Development Director and shall be ., accompanied by: W 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- M 2. The required fee; M3. A site plan of the property dra +n to scab with a north arrow indicated- The site len shall show' all ma or features of the '' property including builrlincs, ma-�or veuetation, access for public streets sidewalk. etc. HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 10 f, r 4 M` • , 4. One floor plan of all structures on the property which are to .• ,' ' be used for the home: occosaation(s) 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 h 1 ,:> A. The Community Development Director may impose conditions [on the ' approval of a home occupation permit which he finds are necessary t " to ensure the use is compatible with other use in the vicinity. ] a " f u•on the a• •royal of a A•e . I home occu ation permit to ensure _ ,pert the re irements of this chaster are com.lied with. These• conditions may include, but are not limited to the followin . e ,' M 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 area.„ for lot] depth or width; 4. Further limiting the building area [exxtent]. and outdoor ' 44• ; storage used by [of] the home occupation [use] and restricting the location of the use on the site in relationship to '' `;+ adioining uses; '`t:'` 5. Designating the size, number, location, and design of vehicle ' access points; ti - ,.: 6< Requiring street right-of-way to be free at all times of r'' vehicles [at all times] associated with the home occu a�tion; , EL, ;< 7. Requiring landscaping, buffering and/or screening, [drainage, and surfacing of parking and loading areas] of the home to occupation from adjoining uses" and establishing standards for ' the continued maintenance of these im.rovements; ,{ 8. Requiring storm drainage immproyements, and surfacing of ; v parking and loading areas; [8. ] 9. Limiting the extent and type of -interior or exterior building, remodeling necessary to accommodate the home 'h' occupation; l: HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 11 , ).'.: 4 .,. .... .. ... .. a r . [9. ] 10. Limiting or setting standards for the location and intensity of outdoor lighting; e .'r [10. Requiring berming, screening, or landscaping and the establishment of standards for their installation and .,,,-7,,,,. maintenance;] 1:1:7' �.J 11!. Requiring and designating the size; height, location, of ' fences and materials [for fences] used for their construction; et 12. Requiring the protection and preservation of existing trees, [soils,] and other vegetation, watercourses, slopes, wildlife • habitat areas, and drainage areas; = 4 ': 13. Limiting the type and number of vehicles or equipment to be t. 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 f' 4 ,i. ' A. purposes stated in Sections 18..142. [050] 040 and 18.142.050. : .r (Ord. 89-06; Ord. 87-20) .r , ,e pp aroval and Compliance for a Business Tax Certificate] [A. No business tax certificate will be issued for a home occupation . until the home occupation application is approves 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) ] A . ' '''e 118.142.070 Time Limit and Revocation] is � ', " [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 ze 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 a, occupation permit or the most recent renewal permit. ] co [C. Failure to pay the annual renewal fee shall result in the ". :, assessment of an additional five dollar processing fee if paid =a within 30 days after the due date; or revocation of the home ;' al occupation permit if not paid within 30 days after the due date. 0 (Ord. 89-06; Ord. 87-20; Ord. 83-52) ] J= [18.142.080 Application Submission Requirements] [A. An application shall be made on forms provided by the Director and shall be accompanied by:] " ,�': .. HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 12 i 'P � j 4 R4 ;Y, • [1. One copy of the applicant's statement or narrative which , explains how the proposal conforms to the standards in Section ,i � : 18.142.050; ] [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, ] . o ,. [5. One floor plan of all structures on the property, ] [6. One title transfer instrument; ] '.4 [7. One assessor's map; ] [8. The application form; and] tii [9. .Property owner's signature(s) or written authorization. (Ord. o ‘,.1..;:,. 89-06; Ord. 87-20; Ord. 86-23; •Ord.• 83-52) ] ti. • 18.142.090 Revocation and E •iration of Home Occupation Permits • :' A. The •Community Development Director may ,revoke a home occupation '' approval if the'conditions of approval have not been or are not bein. com.lied with and the home occupation is otherwise being conducted in a manner contrary to this chapter. The rIa ocess for revocation shall be as ,•rovided for in Section 18.142.120. B. When a home occupation permit has been revoked due to violation of these standards, a minimum period of one_year shall elapse before if another application fora home .occupation on the sub• ect parcel will be considered. C. A home occupation permit shall become .invalid if the applicant r:; moves his or her residence. 18.142.100 Action Re.ardin. Complaints and violation of. Standards r> A. All home occu.ations are sub act to review b, the Ti.and Communi• tz O. Development Director._ E. to Be Complaints: Complaints y be originated bile City of Tigard or the public. Complaints from the public shall clearly state .the ob ection to the home occu.ation such .s: { • c o 1. Generation of excessive trafficL uu • "d 2. Exclusive use of on-street parkingsspacesl z{ HOME OCCUPATION 'ORDINANCE . SECTION 18.142 . PAGE 13 T + i, •f�: a }?' i _ '?, + .. �.. t.- `:> A.• • �� .t. 1' 3. Other offensive activities not compatible u th a residential .• neighborhood. c. review of Complaints: Complaints shall be reviewed throucrh one of two alternative procedures. The Community Development Director ' shall determine whether the complaint involves either a slab jective '` or objective breach of standards. 1. If it is determined that the violation{sL n ■question a a objective, the complaint shall be reviewed by the Director. The Director shall either approve the use as it exists. revoke the home occupation pennit„j or com ep 1 measures to he taken to { : ensure compatibility with the_neiborhood and conformance with this Chapter. The operator of the home occupation may ' a'•eal the Director's decision to the Hearings Officer. 2. If it is determined that the.alle•ed violations are sub. ective iQ in nature, the Comnnuni ty Development Director shall arrancre to : meet with the complainant and the opator of the home t• ' .`: occupation and develo. a means for resolvin. the com.l.int _ D. Cessation of Home Occupation Pending Review: If it is determined by the Community Development Director in exercise of reasonable discretione that the home occupation in question will affect ,. ' p d sblic health a f the use may rdered t ding y , ,, ' Hearin•s Officer review and or exhaustion of all a• .eats. Violation of such an order shall be deemed a violation of this :, code and subiect to penalties .s described in Section 18.142.140. • ; E. Notice of Appal Hearing: Written notice of a .hearing ©n an x - appeal o.f the Director's decision to either revoke or not revoke a home occupation permit, shall include its date •time and lace +; and shall be given to the property owner(s) and the person.(s), undertakin. the use if other than the owner s , Written notice 2� shall also e b given to property owners within 250 feet of the use and the affected Neighborhood Planning Organization. and the complainant i, if any,. E F. Hearings Officer. Review: The Hearings Officer shall either approve the use as it exists revoke the "ermi.t or compel suitable restrictions and conditions to ensure compatibility with • Ix the neighborhood. N 18. 142. 110 Notice of Decision and A. •eals A. Written notice of the Hearings Officer's or Community Deveisrpmexat Director's decision and associated findin.s shall be sent to the ?. � persons) undertaking the activity. ~ the ►ropert i. y ( f different . •a than above and persons aarticipating in_ the above proceedings. HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 14 ri • Y. } , t .. t .. 1 1 4 y.1 '`.'• it,. 8 �•.', B. The determination of t4ae.. ,ommunit Cte eloa� Bent 1�9rectA or ,I ° Hearings Officer shall become final„unl s ppealed. ' i "" 18.142.120 Penalties . ._3. °" A. Non--compliance_with the orders of the Community Dev 17, ° Director or Hearings Officer, as referred above is an infraction punishable by TMC Secticarn_ 3..16 al R1. I.' 18 14� 13R &business Tak CA___Irt i ficate Resru11reti Aa No Business Certificate will ,be issued for a hope occupation until: t 1. _ pexson wishinar to enc��cge in a TVOae I home occupation gays ., the one-time son of review_ ter and a egis to corn 1 with the `� p rs 2. 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. s, 18.32.120 Notice of Decision by Director 4 A.1.b.iv. . Joe II Home Occu ations _ Ch. 18.142.060.b.3 ; c. All owners of record of property immediately abutting a site ,_ subject to the following' types of director's decisions: J.,` � i (i) Temporary Uses; ` [(ii) Home Occupations; [ (iii) ] lill Flexible Setback Variances; ` [(iv) ] 11111 Lot Line Adjustments, and [ (v) ] Uml Administrative Variances i -. \trolly\ch18142a 1,14 i 1.: : '44':{ HOME OCCUPATION ORDINANCE SECTION 18.142 PAGE 15 r t , ' - _—- ` MEMORANDUM CITY OF TIGARD, OREGON .r TO: Planning Commission A. FROM Planning Division DATE: August 28, 1991 ': / k, SUBJECT: Proposed Amendments to Development Code Ch. 16.142 pertaining to Home Occupations OVERVIEW Summary: The Planning Commission, NPO's"`and City staff have spent a ` part of the last several months studying the Home Occupation permit process. The attached ordinance reflects that study. It is an attempt to simplify the process for both the public and City °; ; administration. The revised ordinance provisions also create new standards and flexibility for home occupations by creating different review- processes and standards for two distinct types of Home Occupations -- the Type I and the Type II. { -- Policy Implications: Should the City allow Home Occupations exhibiting no evidence of a business to be permitted with minimal review (Type I) and establish new criteria and standards for Type II Home Occupations where there is external evidence of a business , `' (sign, customers and employee) . Financial Impact:, This would eliminate the need for renewal of Type I Home Occupations (approximately 75 a year at $10 each or J' $750 a year in fees) Recommendation: It is recommended that the Development Code be "" e- amended to create Type I . and , .; Typ Type I I Home Occupations. The ' Commission action is to make a recommendation to the City Council. — ANALYSIS a'° i £ y Background iiii� The City had received some complaints regarding existing home SD occupation requirements relative to the limitation of some home a`; uses and the complexity of the process. City staff initiated the proposed changes because of the public comments and its experience with code provisions in other jurisdictions. City staff has been concerned that the existing process for many home uses is too time consuming and unnecessary especially in terms of the revenue .. produced to time spent. Individual members of the public are in. " 'w ' some instances inconvenienced by the existing process without 1 1 {qY f, - : : significant benefit to the general public. Hany communities - including Gresham and Albany, among others, have more permissive ,k• ` a home occupation provisions than Tigard. Staff developed the attached home occupation revisions. The - a provisions are the result of the review of the NPO's and the ;' Planning Commission. Summary of the Proposed Changes .: The purpose section of the Home Occupation requirements (18.142.010) has been substantially shortened and indicates that home occupations are to permit small scale business ventures in the home and that the standards are to ensure there is no disruption to neighboring properties. The applicability/exemption section (18.142.020) adds exemptions °`' for profit production of produce grown on the premises, hobbies which do not result in payment to those engaged in the activity and for non conforming home occupations established prior to annexation z and prior to 1983. '' 3 . Section 18.142.030 establishes new guidelines for the consideration .,, 4 of home occupations that would be considered non conforming. j' ' Section 18.142.040 establishes criteria and standards for all home , occupations relating to effect beyond the property line, maximum -' square footage, toxic and flammable materials, uses not allowed and limits on external storage of vehicles. Section 18.142.050 defines Type I and Type II Home Occupations. �_ Type I Home Occupations basically exhibit no external evidence of e a business while Type II's may indicate external evidence such as ' , . a sign, 6 clients, external storage behind a fence and one employee. '-. 4 Section 18.142.060 establishes permit procedures. In effect, Type . -: I's would require only an initial review and no renewal. This is .:(-- en `. a simple over-the .counter administrative review. Type II's would require notice to property owners within 250 feet with the decision ' a, final after a period of 20 days to allow time for NPO appeal. : ca Appeal fees are suggested to be reduced to 60% of the standard , le appeal fee of $235. g Submission requirements for a qu Type II Home Occupation are A established in Section 18.142.070. s' ei Section 18. 142.080 establishes modified conditions that may be -1 applied to Type II's. . Section 18.142.090 provides a basis for revoking a home occupation should conditions of approval not be followed or if the use is being conducted contrary to the requirements of the Chapter. F I A 4: 4 Y . ./ i.5 a ,. - . . . ,:- .---. , ,t• , i ,,..-,-',, '.% t - - , t 4 t n A complaint process is established in Section 18.142.100 while 18.142.110 provides requirements for appeal of a decision on a complaint. Section 18.142.120 refers to penalties as an infraction of the Tigard Municipal Code. j Section 18.142.130 coordinates the Home Occupation permit with the :: Business Tax Certificate. Section 18.32.120 is changed to delete home occupation decisions from notices to adjacent property owners since 18.142.060 requires greater notice (to 250 feet) . Alternatives o Change the Development Code as proposed • {• ,..' 0 Add changes or modify the proposed changes (for instance ., . deletion of Type II home occupations) o Retain the existing code provisions Conclusion The proposed changes will simplify and improve the process for the ":*. public and staff administration as well as provided more flexibility for certain types of home occupations. :.i try a.� • I• ra L sJ - 4 .S i ALL S� •x NOTI OF PROPOSED ACS' ION - A , Must be sent to DLCD 45 days prior to the final hearing ".- See OAR 660-18-020 .• Jurisdiction City of Tigard _ ; �° Date Mailed 8-23-91 Local File Humber 91-0002 -Date Set for Final Hearing on Adoption - `: J Month r Day Year Time and Place for Hearing - Tigard City Hall y • • 13125 S.W. Hall Blvd. Type of Proposed Action (Check all that apply) • Comprehensive . Land Use New Land Use • Plan Amendment •X` Regulation Amendment . Regulation t = Please Complete (A) for Text••Amendments and (B) for Map Amendments • • A. Summary and Purpose of Proposed Action (Write a brief x -` i•; - description of the proposed action. Avoid highly technical • ;I , terms and stating "see attached"... ) : • • Amendment and re• al of various •rovi-ions of Ti..d ve o ment c a ChAate-r 18.142 pertaining ;M1' 1 � � q to Home Occupations: �x � . -� ��s_' . .�- t ..,rr- ,; r, Occupations exhif�i in. no . ' - Y - .t !'.r i- -.r ►i•.` a. .-i•, so i f ion• of • M 0 - - it- - - •rt, a rr►-� '•-i., °gn ernatomet^c, and t?np1. ayee)• .3.) - - „f;, . •axt .1 •1L:I411-1 .l . • ,!• I. •• • 01 ••—.~h e.l. • I I .9 tr1.• - 3 1 A for Type IT°Home Occcutaatioris'and reuealing 18 32:120A a c i, reauir3 rmg notice only. : ,, to adjacent property:,owners.•.-' �R,..', y , ` t1 ,. B. • For. ,Map Amendments Fill'Out the ,Following. (For 'each area to 'r (i '��`' , be ,changed; .provide a separate sheet of necessary Do not use e •4 ; 1!N• '1 ti tax lot number alone e) y i Y ` ,�, a t 3, r'a ''..-'1'''.'''''. ' ti :.;,� t i.{; K` 4i.:' -;:?$^G 3 .f 't' ;` r . ,. ` z 00. „µ.Salt �r'}, [ •t 4 n , t ,i s.Yi jr� fj "t;."- r?;� (y- ei+ '�,ac..esl !-,, d } F, }.4. '' Current Plan DeT.-.,„--,-,,,. ,...„,....,.nation w?r _ ,Proposed'PlanDesign'ion'�;'vt `;' ', .•- r r p ''-'' r '.- ;h ; ..r• -v f,S� s»t; x�,• ...•'T 7 .17'•!;,-..-7-1.3v.?.'4 r• r�.1` l�.w _j ii r�yr 1 '� t fi�-S ue2 , Y jt:` a ti ''rP ' •'{� s'r a>a. . ttrlj,��is'•+tC � '�• 'i 7 r, 1 t t • - ,_t. , i '. .,,a C?; r. 4.,` � i vP: YY .,1,•",1- :*!...: •:1-", •f fi ts''�».)t f ',?....,-;,.4-31.141.'`v .S• k}!s4 i•?•®. :r Current..done ``°s , 'j▪ • • l f ,.� Proposed Zone: a . vas* , ii �Sy'fi. J t F r 4 , Location: .; 2 w �, Y 7 ' t, I , '';'' ..1 W, i,::• r t r,. S r ... s.w t, Y t ;. �.rit ft iii;,;, t'lc ' .rG�.;i• r ,, ,t• a Acreage. Involved. L .1• . ,,:i • `y .�" r� ''t ',.r +y.{.D I`"*k4?i bt '''4'.4•'=`^-441.0' r` ;t Y nr' >, µ- '.Does this Change'�Includ -, . . . ; '' ; ,� - r t y-Ja�r6N,t L'IP,.` ,y �, Y t i � � '38n Exception?. � : F Ye5 t''� ':`-��S'',- �!De`>?� ,�',3•r ..S.,'•;.:>, •' .. .. y.4 •. r. •:::''' ‘•'•.' at ,••• .r;•''..7.�•'1 r ,s: 4.!'F;yid r =*.* !!. a• ;',. For .Residential,::Changes Please'Specify,tine Change xa FLll otiaed t�" 4't ti Density in Units '_Per''Net Acre:-4 , y s' M1w, ^ �n''r ,.;+�,*.>°x ,' 4 - , -4.':.,..-4' .r T :1 4:7-- ; t>'r 1 fi. 1'� ` P #��S. r 9a - t ,; Current Den i'''4‘ 1 c. r aiv+ a �s •, sity ,Vt' a Ni` Proposed Density. ';`.F.,"',..,1..da.•11 r,y F 4 �t � S ti.; :.. µ .yK .'zti .0 A•,, 4,7.�'¢,.z}-. J .f,G2',J•Ay. �i%FU '� 1.•Ch .A.t.• iA q.� ti t 7 1 ' '[ 7 4. t- e .. n ' 1 y�. i 1K tt'i. �7. F �i..a..� " .t i +. r •r? , ' .{. .f ;• S. .. 4 •g;V. t .. " • . - • • r t¢ • List Statewide. Goals Which (ay 'Apply to the Proposal:. . Goals I and II ti List -any State or.Federal Agencies° Local` Goverment.or Local Special .^ =': Service Districts Which may be Interested in or Impacted by the h' Proposal: -,,-• None :, /. y Direct Questions and Comments To Dick Bewersdorff • 13125 S.W. Hall Blvd. r Tigard, 97223 sJ;: r` { (Phone) 639-4171, ext. 316 :-."....t."--4� - - y ;- c f- �; ' Please Attar Three'.(3) .Copies Jof the`-.Proposal` to :this Ferri and 4' i" � ` £ Malo" �. w.R ;.• `at ' 'Department •of Land :Conservation and .Development a,, ' ,_ "-!-1175 Court Streetmr•.N E4 4;�. s - j ► ' .1: ' .{.'. . , Y, Salem,- Oregon 97310 U590 k , ...-,...- 1,4j., y t 4 -17-t" ` Y. .i *�` • DTOTE: If' more copies,of •this form ace needed. .please contact' tYae -DI.�D ..,,"'-'"4'-'-• . of fide. at; 373-0050, or:this:.form may.-be duplicated on green paper , 'f a f 3 Please, be advised.that'.statutes;,require the ."text" :of'�.a' proposal, eta be,• ;, ` :provided:;: A- generar description. of,the intended -action is not; `` M 1 L,'' y ` k sufficient: =Proposed •:plan 'and band use regulation;amendments must tae : " sent`: ° DLL® at: Least' 45''Hays 'priort�' the" final. hearing ` �` °' ,' ss�� .. ', _ -. �.: . Sze•- ..0 f¢'1• y - } •'. , "h - . * * * FOR DLCD OFFICE USE•* *• fe •``" ✓ :rY T , .yh a .y 44 t f' S •'° wf .,' \ 't- i •+MxY.•d.K r Y ,f4 A ` t .• , j(� t •i f{t,7' yet ,' t 1._ eZ + t' Wi t 1,4 ,,,,v . :�M1 a M1 .: Tj X tN.,st a L. y.Y�:f,"4 .. . J ,t DLCD+File` Number w , ._ 'r:..- i # `Days Notice ' �j,. v+ a !`';s `. ) {•" •t � - t i�ti .F Y .Ya � :K y +YY+.h�{ '',a.}1 a ';.) a K+ssr •�• - i f,n t A �', r .'#,. ` a F _ _ ` ,4 r Y• .J.fst .- -.f x t f h Y ii �i; r'2;',. `- �,'A y a x N ,Y{aY' , . .. . ",1,:3 .Y, '�K �4 J.- y"Yi 't •{ *.t�1 e Y -v,tit-� tei -z>•.r '.3 °!:i,i �t 11 4f+ f'ppf w.. 4` c5+. +L^S''1..1�s { •� �, \ ..,�.,) hka'• , Z.' .+,.5 .y t4.=w •4 , 1:` f C .e ,za - ft- l;�}° bs :i 1 i.4 ,.;'7 "+ i4 t a .+. `...4`t x '� y .. i 2 s t a t i 4 :• F. s 1 tiYy � • �r� _!4pa>propoodforti. .... s S. r t < a a t a 1 _ . a .. .ter r 1 ."G i^ ...fi.-,.... ....... .: - ... .. • 1 . r, • z; To: Ron Bunch May 13, 1991 . From: Dick Bewersdorff ' ' Re: Revised Home Occupation Standards My comments regarding the proposed provisions are limited. I t appreciate the quality of the HOP draft and proposed revisions. • . The following suggestions are offered for consideration: v. HOP Process in General • a . I would suggest even more emphasis on simplifying the process and t procedures to include limiting and preferably eliminating notification. In talking to Gresham staff, it was indicated that f.; most HOPs are treated much the same way as a business license. They have tried to limit the number of instances where a'` discretionary review is necessary. The concept has been that most ,, HOPs are"OIL and nobody really cares except when two neighbors are ..3:4•.' f already fighting over something else" . Gresham rarely receives any } :; ;y response to the notification. ` I would suggest making all HOPs subject to the Type I process It z� = - the desire is to liberalize the kinds and numbers of HOPsr make all HOPs subject to the standards similar to those of the Type II and issue approval according to the proposed Type I procedure. ; Enforcement could be in response to complaints and then application of the ordinance standards. The above will be more responsive to individual applicants and also eliminate a considerable amount of administrative cost and time Annual Review '; it .,°- The annual review provision would appear to be an unnecessary administrative step that would create an inconvience to the ,1'., ;_ ; applicant and also would require an additional administrative "tickler" or tracking process. "" E ` Procedures Any amendment would appear to need an accompanying revision of the b requirements of Section 18.32 since HOPS are included in the procedural and notice requirements of all other Director's decisions. The proposed provisions of notification are different w . and therefore would conflict with Section 18.32. , 7 4 * ,a `' 4 4. r + .. 4∎ t `/3 a" ., 4 — , '3 i _ F ' 4 533$N,W Eastman Parkway ' ::::: it Gresham.Or�flon 97030 3e25 t ., FACSXMILS.TRANSNXSSION COVER SHEET s:. ® J Name FAX number s -? C•17Y -fi €e rn.2 y Company FROM: / I °S'l'fila&ri___,.." .. , • , - Name ,��A/t Al { Division SUBJECT 14„,JI t£ 2C l_.L T ArpgAL COMMENTS: ' I.- pages to follow (excluding this shoot) CO i t ''''\ ■ Our facsimile telephone number 1,5...e....e. (503) 661.9927 —; " 'This number in to bs used for business tranaMisaion • only, and is not available for advertising purposes. , -'r Should you encounter difficulties with this z. { :' \ transmission, phase calla..,.<o...........($03)668-2376 t f' }:. a , ''a E/l d .!26E 199(E0s) 'vJt1HS32J5 JO AII) EP:VT T6t ET WW NO 9 Z£,Z0 66 Mi 21/90 CD 61209991 XS AAOW2W , -- arinsa2s S3DVd 1. 3DVS11 3W 1 i 13V1S al NO 1133NNOD '131 NO 1133NNOn mow ..Y HORS OCCDPATI(Og0 10.5500 Home Occupations. Persons desiring to operate iTusa nesses .n their home must apply for a development y j p. J`• d•' p0emi N. 10.55071 Home occta ations, Claceificatlon. All hem* occupations s a e c ass a an rev ewed es minor home occupations pursuant to the standards of section 4.0600 ' ®.4 T ' of the Community Development 6t.ondordo DOCUment or ati major home occupations pursuant to the standards of section 4.0621 of the Community Development Standards , t` .", Document. A home occupation proposal need not comply with Article 6, Public Facilities Standards, of the Community Development 6tandardc Document. A 10.6502 Acme Occupation A ligation. An application for a minor ', ome occupa on s a be reviewed by the manager under the Type z procedure. An application for a major homes , : occupation shall be reviewed by the manager under the ' `: Type II procedure. Application for the development permit shall be made by the person wishing to conduct j_` the use and the owner of the property on forms provided by the airy. 10.5504 i:ome uccu stionft Ronetaa1. The development permit for a ma or cue occupa`UUon shell be renewed every two fr „ year's. Renewal of the permit shall be accomplished in 1. the same manner t e an epplim ation for a now permit. r; ¢s a' 10.5505 Rome Occu ation, Revocation. The development permit # r or m nor�iome oaow a Oat'shall be valid se long as an .;.,• active business license is maintained provided that the permit complies with the Community Development A' i Standards. The permit for either a minor or major home ., ;; Occupation may be revoked at any time fors c. (a) i violation of any provision of this code. De (b) A violation of any term or condition of the CC permit. ,1 L (c) Failure to pay the city business license when ".. due. 0 10.5506 Some Occu ation. Residential Sales Excluded. A Weve.opment perm or ems occupat on s a not be ' + required to conduct short term sales from a residence. Such sales shall not exceed three days in duration or 10 dare total in a calendar year. 4. r 4-L 44 �.r; ,. ., , S✓z'd 2.2GS l99(60S) WWHS3WO AO A1/0 OP:Pl S6. ET A W SECT'Z9N: 4.0600 - EITEIOCCUranONS, Section:n: 4.0610 - General Provisions k. . (A) It is the intent of the section to: (1) protect residential areas from adverse impacts of activities associated with hose occupations. (Z) Protect the right of neighboring residents to the peaceful enjoyment of their neighborhood and homes. (3) To a/low home occupations to exist and to allow residents of the community a choice to us* their homes as a place of business as long as they are not in violation of the provisions of Section e. 4.0600 et seq. and the Gresham Develcpment Code. '.Y (le) No person she,' carry on a home occupation without first obtaining a permit for such use in the manner provided by section 4.0600 et seq and the Gresham r+evelopm nt Code. section; 4,0620 - standards a£ a .iinr r Otrtet.inna The following standards are established for minor home occupations: (A) No signs shall be used indicating the existence of the home =, I. O%Lpation. '3= (s) 7ltere is no display or other evidence that will indicate from public rights-of-way or abutting residences that the dwelliog unit is used in whole or in part for any purpose other than as a dwelling. o ti. (C) There shall be ho change in the Uniform wilding Code occupancy classification of the dwelling unit or any portion of the dwelling unit. . > , (D) No more than 25% of the floor area of all structures on the lot or 1000 square feet, whichever is less, may be used in connection with a home occupation or for storage purposes in connection with a hem occupation. (E) There shall be no outside storage of materials or 04 ignt Y* associated with the home occupation. Nor shall there be any storage or use of explosive, flammable, radioactive, toxic or, other hazardous materials that are not normally found in the home nor in amounts not s normally associated with a residence. Specific limitations and A; requirements for the storage of hazardous materials in a residence are found in and regulated by Lhe Uniform Fire Code. (F) No one other than residents of the dwelling shall be engaged in the hoMp occupation at the dwelling site. t • IV 5 Sib'd 2265 199(60S) WtHS3aJ JO AJ.I0 6P:PT S6, ET AUW 1..:.•::!..-...,:. _ . ,_::-.... . .... - . ,, e 0 , -- ,,, . c.;) No commercially-licensed vehicle in exceed of 3/4 ten ftl6nufrp6e carer i rating shawl be utilized or parked at the dwelling unit by any resident of the pr ides in connection with the home occupation. J (It) The use shall not gecerate pedeetrian or vehicular traffic to the dwelling unit. However? one delivery per weep from commercial .i liese is allowed provided that the d eli t See do not restrict ti traffic circulation on the public street and oidewalks. , (x) The generation of any noise, vibratione, odors, h.at, glare or visual or audible electrical interference or flvotuctione in the line ;.. : voltage detectable beyond any property line is prohibited. After approval and prior to thR issuance of the Development permit the Liapppplicant x£ahe11 arppli:abl provide proof that he/she hme paid the City cense. e. (Amended by Ord. 1142 passed 7/10/09, effective 0/17/'J9.) :7:,::%- '• . ..., ',', a 4 Moa: 4.0622 . Stande mf 9n s orc upsd:ian The standards establiathcd for a major ham occupation are as act out in . Section 4.062( except that Standard a. shall be replaced with subsections A,, B., and c. below and that standard P. Shall be replaced with subsection ° ? D. below: ] (A) o more than ei.ht customers may enter the presses on a daily > ,, basic. (a) No more than two customers, may enter the premises at any single )..-.4'2'.e''. ti n• f • (C) No customers may enter the premises between 10:00 pm and glop am. z • ;': (R) No mere than one person in addition to residents of the dwelling shall bb engaged in the home occupation at the dwezla:ag site. I } : i ::: i. °. 1v-6 z; S/S'd 1255 T99(E0S) WtS389 40 AII0 SP:VI The Et, AttW 1. .."a .+S` le ]1.4 Say .... ... . ti SI-. •a • :' '"' 10.5508 Home Occu aJion, A••licabilit . The provisions of sec one 1 . ii to 1 . . 1 ; e all apply to all hone occupations in the city, including those in operation on the effective date of this code. At the time of first , renewal, the City will determine whether the home occupation is a major or minor home occupation. `- LOT LImm A JUSTMENTFi 10.5510 Lot Line Ash ustments. The manager may approve lot line a ustmen 0 u ner the Type I procedure provided that no .�•' new lots are created and that the adjusted lots comply with the requirements of the Community Development Standards document with the exception of the Article 6 Public Facility requirements referenced in Sections; i. 2.0112(8) , 2.0122(s) , 2.0132(1), 2.0212(F), 2.0222(F) , 2.0312(N), 2.0412(0), 2.0422(0), 2.0514, 3.0700-3.0730, } 3.1100+3.:8100, 4.0900-4.0940, 6.0100, 6.0200 and 6.0300. The proposal need not comply with section 6.0400 with { y: the exception of the street dedication standards of 6.0410, 0.0423, 6.0430, and 6.0440. If the lot line adjustment application is processed with another development application, all the standards of the Community Development Standards document shall apply. A mount's OF DUILDTMOS 10.5600 Aiovin- of H iidir►- Develc-meat Permit Re-wired. (1) A building that exceeds eight feet in width, 40 feet in ;ength, or extends more than 14 feet from the ground when loaded for moving, may be moved across or • i'.1 .` along a public street of the ci.ty only as follower -� (a) in accordance with a pursuit applied for ''z ' and issued in accordance with this code, and . a (b) by a bonded building mover with adequate • a, . liability insurance. w. (2) A building, for purposes of sections 10.5600 to , 10.5655 shall not include a manufactured home as defined in the community Development Standards document. (Amended by Ord. 1141 passed 7/18/39; effective 0/17/89. ) 10.5605 A ligation for Moving ofeuilding. The manager may gran a eve opn%ent perm€.t under the Type 1 procedure t for the moving of a building. i i 1■ b 95 •24 SrE'3 LEGS T99(E0S) WdHS32i5 40 AiID 61' PT The EZ AyW rs �o` MEMORANDUM , "' CITY OF TIGARD, OREGON , ' , TO: Planning Division Staff FROM: Ron Bunch, Senior Planner Kelly Hossaini, Student Intern �^ DATE: May 8, 1991 SUBJECT: Revised Home Occupation Standards �C j...---fr - ., Attached is a revised Home Occupation Ordinance. Please review .';a-: , this material and get your comments back to us prior to May 15, -: 1991. This material is going to the Planning Commission to be ,' z discussed at their June 3, 1991 meeting. We are including two copies for your review. The first is a "clean" copy of the new ti A ordinance. The second includes all the underlines and deletes. t; There have been substantial changes in the ordinance. We would -' • appreciate it if you paid particular attention to the following: 1) Division of Home Occupations into two categories_ The . ,,-:t, , } ordinance proposes that there be two categories of Home , Occupations (HO's) . Type I HO's would exhibit no evidence El" s that a business is being conducted from the premises. They , .' would not be subject to the HO permit procedure and would -' ' there be no notice to the surrounding property .owners. ` a Instead,operators of Type I HO's would pay a one-time review , •'°` fee, acquire a business certificate and, except in the case of� , ;. ,- complaints, that should be the last we see of them. (9141- '? �; a,' Type II Home Occupations are allowed to evidence limitedT '"'a- business characteristics such as a sign, deliveries to the p, i site, and customer visitation. These uses are required to �" J 7 + 06 have an HO permit. This would require an application a1d a rt fee. The use would also be subject to annual review and + c renewal. The Community Development Director would either 75 approve or deny the permit. Since this process _as some �- opportunities for discretionary decision making, ,a notice - f' procedure is necessary. It may be necessary to provide - .-- w\.' greater notice than what is in our 'current code. Until we w check this with the City attorney, the following is proposed. -d �,.�7 :..�� ZrvSo er { Following the decision for approval, a ler of preliminary °" approval is mailed to the applicant, ice to this effect is ' n o3^' `+ provided� to property owners within 0 feet of the proposed '' ,: . use. The decision is final within ten days following the day after mailing of the notice. During this period, the , . #s. yr t7 •: < .^j < � i a � _• ; k� j '. F 'ate a `'•' •'-t r 8 } = a a ' + ' , .. a • director's decision may be appealed to the Hearing's Officer. The Neighborhood Planning Organization is also provided notice at this time. , ,. 2) Prohibits osn of Specific Uses as Home Occupations: The new ordinance proposes that the City specifically prohibit certain r uses as home occupations. These include: > �: a) Auto-body repair and painting. b) Ongoing mechanical repair conducted outside of an entirely enclosed building. d. :A `- c) Junk and salvage operations. ' d) Storage and/or sale of fireworks in quantities judged by i the Fire Marshall to be dangerous. 3) specific Procedures and Standards Pertaining to Violations and .., Complaints. �1 The current code lacks a definitive process regarding how ' . r. complaints and violations are to be addressed. The new Zi ordinance provides a specific process and outlines penalties (I' for non-compliance. There are also several miscellaneous changes which we would like to point out. These are: - Pie rpose: r .� The purpose section has been shortened. Some of the elements .. have been incorporated into other sections. ' - Applicability and Eacemotions: Farming activities are exempt if they are consistent with the definition of farming within the Tigard Development Code G {> (TDC) . The proposed language does not allow . sale on the • premises of produce. This, has been done to avoid conflict with the definition of "farming. " ag :M - A. .roval Criteria and Standards: , co Vi AApproval criteria and standards have been broken into two , categories. 18.142.040: General Approval Cos tetia and .. m Standards apply to all home occupations. Type I and Type II a CD HO's also have standards which apply specifically. a — Home Occupations in Industrial Districts: This section pertaining to HO's being allowed. larger signs in Industrial Districts has been deleted. Y y . :.Ct . 1.�1�p+��� . y v, , ,, ., , o !' Ent 4y 1,�� ,, � � �,,r ��� t,�i a it �rr� �Ujj ` i J { Y 4L ` f 1 /.' \ h- k 4 •3� .,t a rt.,. t Revocation of Permits It is proposed that if an HO is ;,' revoked because of non-comPliance0 -a mi.nium of one year shall ; elapse before a permit can be applied for. ,, We also chau,ged the organization of the chapter and a lot of s, language. We feel it now reads better, and would be easier to ,use. ` Thank you. 1 •Ci ■ '-; rb/mhomeocc.rb 1 a'; • a, 4. }..: T. ,P::: h Y..•.. l:.. ":i it :: • • Y K HOME OCCUPATION CODE COMPARISON MATRIX n • PERMIT SIGN RETAIL MAXIS # MAXIMUM # MAXIMUM # NAME OF JURISDICTION REQUIRED PERMITTED SALES EMPLOYEES CUSTOMERS DELIVERIES City of Tigard/Current Yes Resi-No No 0 0 3/Week City of Tigard/Proposed - Type I . No No No 0 0 3/Week Type II Yes Yes No 1 6 3/Week City of. Portland Yes Yes No 0 Flexible N/S City of Albany No Yes N/S a5 N/S N/S City of Gresham/Minor Yes No No 0 0 1/Week City of Gresham/Major Yes No Yes 1 8 N/S County of Washington/ Yes Yes No N/S 5/Day N/S Minor 1?. County of Washington/ Yes Yes No 1 9/Day N/S 410 Major z,� N/8 m Not Stated \kelly\matrixho r ' I :, : DATE: April. 16, 1991 t''�f � at MEMO TO Jerry Offer Ron Bunch ,, FROM: Kelly Shafer Hossaini l„.,. SUBJECT: REVISION OF THE HOME OCCUPATION CODE Attached please find a first draft of the proposed Home Occupation Code revisions. I have spoken to Ed and this draft ' incorporates the elements he has said he wants included. I would like comments from both of you before I submit it to Ed, the t' ; ;,.. Council or whomever comes next. ty The biggest change to this Chapter of the code is that home occupations have been divided into two types Type I and Type II. ; A Type I , home occupation is one that has no impact on the .• surrounding neighborhood. The standards associated with this type of home occupation are very stringent and so no permit process is required. A Type II home occupation has some impact on the surrounding neighborhood. The standards and conditions associated ' '' with this type of home occupation are more lenient and so a permit ` ` " - process is used. I have attached a matrix to this memo that lists some chief elements of Tigard's current code, the proposed code and then the ' - e; , handling of those same elements in other jurisdiction's codes. 41: ms`s This should make comparison easier. In particular, some changes and concerns are listed as follows: ._;. 1. In Section 18.142.0108 I added some additional verbiage 4 ,4, regarding home occupations that I found in Albany's code. It "' consists of positive strokes for home occupation in general and I ,.; think it is at least leaning toward what you (Jerry) wanted to see "i is, there. If we need to revise it in any way, let me know. 2. The approval criteria section of the code has been ri % revamped in such a way as to accommodate the new split in home I occupation types. Basically, Type I home occupations have the same criteria as we currently have for all home occupations. The y - g standards that I offer for Type II home occupations are from different jurisdictions. I don't think any of the standards 1 chose are unreasonable. 1 even added restrictions for the new w criteria which might make them more palatable. -I t; {:err 1 3' 4.: .__ - atl ,a z a MEMORANDUM ' 3 '" CITY OF TIGARD, OREGON `- TO: Ron Bunch, Senior Planner , FROM: Ron Pomeroy, Assistant Planner . , DATE: March 5, 1991 :p 5 ° ' SUBJECT: Potential Home Occupation Permit Code changes r � 4.,. In reviewing the Planning Department's current discussion pertaining to potential code revisions to Section 18.142, I offer ,' e`` the following thoughts: In my one year of employment in the Planning Department in the City of Tigard, I have reviewed, and recommended approval for, ,, approximately 57 Home Occupations. S .. Edith regards to the issue of customer traffic in residential zones, ' it has very rarely been the case when it has been necessary to ask an applicant to restructure the operation of their business to conform with the code (ie. no customer traffic in residential zones . On the occasion when this was necessary,hM .v ,�; ) ry, all of the In applicants have been able to do so with the exception of a very few. Examples of those businesses which were not able to comply . z , = with this code requirement are Hair Salons, classes on Sales and xr, ' 4` Marketing Techniques, and Piano Lessons. ; 4 ' I do not see that the CDC is prohibiting them from starting and 4 I ' operating their own business, rather the CDC will not allow them to t ; / operate their business, in the fashion they would like, from their �k place of residence. Perhaps it is the case that neighborhoods . $ ' should not lend themselves to incorporate the operation of all •:" ' types of business. e Should the City desire more flexibility in the operation of Home E Occupations and subsequent enlargement of the underlying definition of neighborhood, I propose the following: The Code should allow no more than five physical customer contacts - ' m per day at the place of residence. This would provide a tangible n• +' limit to the amount of business interaction which Tigard will • Lu experience in residential neighborhoods. This would also direct ; the code change specifically to the portion of the code which seems ,ti to be the "problem. " Notwithstanding this present concern with a portion of Section 18.142, the HOP guidelines have seemed to function well (ie: Tigard has denied no formal application, nor has :, any formal appeal been filed within my one year of experience with the City. ) . y. . rt nee tea. 4 s To use another approach of 'breaking out' certain exceptions to the application of this code will be to ask the Planning Department to determine legal (qualifying) differences between types of music or perhaps types of art or types of lessons. Defining and applying these definitions and lines to actual applications may be more difficult than in theory. Therefore, g propose no additional changes to any portion of this code section. • • ti d'. a. • • • • iti • .rk y e -lr. - . bs < � F•' k Y #� :Rgt�a Besnoh, `„�ab3 Home Occupation 01a aLfio ,tio. :' ''''''''''.:7' Qaest3.o e: Wia1'city go thru each existin' .00ze. ot.oa ,.tioua and. type it #1 61:'.#2?,-'. Notify aii' �aexa�t proipe o mers'ra` aer 'tom i. 15QR. err bot r read eddr�+se r' the. prob7.' a:.in our l PO area o 1/2 acre. lots,'5/4' . . .,: w'ale acres.•o ibit any exxi.sti or'futu re,i coessc strzzcttwes from bei--f ,ti .ize�l for ho 'd''' i 'beet hate 'o003 '4o1 use, ,• , ., ... *° 1a # 722 � ' / ;' •:. .•., .-,...- . , • .,., �9� � f . gyp'" '. y �/ d .. r //���� .s4`if ! Y� /// �f%°°�— s / 9 6w -7,",*---11-"e#e ,.•:-. Ct. '' , r'''I ?/ J } • 4t a C F a a 4 4i! i t o■ .M4 , .. t n w '4. s::4' r LEGIBILITY STRIP a L HOME OCCUPATION CODS: COMPARISON MATRIX 1. PERMIT SIGN RETAIL MAXIMUM # MAXIMUM # MAXIMUM # NAME OF JURISDICTION REQUIRED PERMITTED SALES EMPLOYEES CUSTOMERS DELIVERIES r ' ",.ity of Tigard/Current Yes Resi-No No 0 0 3/Week , City of Tigard/Proposed Type I No Resi-No No 0 0 otJ 3/Week VI't• Type II Yes Resi-Yes: No 1 6 h � �' N/S City of Portland Yes Yes No 0 Flexible N/S City of Albany No Yes N/S .5 N/S N/S City of Gresham/Minor Yes No No 0 0 1/Week City of Gresham/Major Yes No Yes 1 0 N/S County of Washington/ Yes Yes No N/S 5/Day N/S Minor County of Washington/ Yes Yes No 1 9/Day N/S Major N/S = Not Stated ••; ! rvOF 1120 SW. 5th Avenue z. {. Portland, Oregon.972041992 Y �" 1 , Mailin Address: P.O. Box 8120 , r O , OREGON Portland, Oregon 97207-8120 ..y (503)796-7300 y`"..,, "3'-4` BUREAU OF BthLD1NGS FAX (503) 796-6983 , ,..4 HOME OCCUPATION PERMIT NOTICE r>; It has been brought to our attention that you are using or intend to use your residence as a business location. The Bureau of Buildings enforces the City's Zoning Code which regulates the conduct of any business activity which occurs on residentially zoned property. There are two types of Accessory Home Occupations, 1 Type A and Type B. No permit is required for a Type A home occupation. You must obtain a home occupation permit if you conduct a business which meets the criteria or a Type B home ,.; occupation. Type A. A Type A home occupation is one where the residents use , their home as a place of work; however, no employees or .Y . ,. customers come to the home. Examples include artists, crafts people, writers, and consultants. r. --..% :-,..-... :7.. Type 13. A Type B home occupation is one where either one employee X3 Qr up to eight customers per day come to the site - Examples are counselling, tutoring, hair cutting and ; i styling, and chiropractic care. , Please read the list of regulations on the reverse side which apply -' to both Type A and Type B home occupations. If . p your business is or will be a Type B home occupation, please complete the attached application for a two year permit and return it with the listed fee to the Bureau of Buildings, Code Compliance Section, PO Box 8120, ,, Portland, OR 97207-8120. '':. You may call the Code Compliance Section at 796-7305 if you have any questions. en :.,:: ' homocc.sb J { y 1 GENERAL REGULATIONS - TYPE A AND TYPE. B HOME OCCUPAT ONS 1. Any type of repair or assembly of vehicles or equipment with internal. combustion ; engine or of large appliances or any other work related to automobiles and their parts is prohibited. 2. Accessory home occupation may not serve as headquarters or dispatch centers ` where employees come to the site and are dispatched to other locations. z 3. Signs must meet the regulations of the base zone; for a residential zone, only one permanent sign, no larger than 1 square foot is allowed. a. All activities must be in completely enclosed structures; exterior storage or 'S display of goods, equipment or materials is prohibited. ...n,,,,:, 5. The dwelling and site must remain residential in appearance and characteristics. Internal or external changes which will make the dwelling appear less " j residential in nature or function are prohibited. , 6. Hazardous substances are prohibited, except at the consumer commodity level. 7 . The maximum noise level for a home occupation is 50 dBA as measured at the nearest property line. 8. No more than one truck, associated with the home occupation, may be parked at the site; the maximum size of truck allowed is a light truck. Light trucks • ," are trucks or similar vehicles with single rear axles and single rear wheels. �7 9 . Deliveries or pick-ups of supplies or products are allowed at the home only `, "' ` between 8 am and 5 pm. Deliveries or pick-ups may not be made by heavy trucks 1., '..Y1\�- . ..... .. - Additional Type B home occupation regulations. The following additional k' regulations apply to Type B home occupations. 1 . Hours. Customers may visit the site only during the hours of 7 am to 9 on 2. Nonresident employees. One nonresident employee or business associate is + allowed with a Type B home occupation provided no customers come to the site. Home occupations which have customers coming to the site are not allowed to have nonresident employees. Adjustments to this subsection are prohibited. i 3. Customers. Only eight customers or clients may visit the site in a day. 4. Retail sales. Retail sales of goods must be entirely accessory to any services 2 O. provided on the site (such as hair care products sold as an accessory to hair V) cutting) ., .<, 5. Number of Type B home occupations. More than one Type B home occupation per dwelling unit is prohibited. o 6. A Type B accessory home occupation is prohibited in a residence with an w accessory rental unit. s 7.. 7 . A. permit is required for a Type B home occupation and may be obtained from the Bureau of Buildings. 7, 8 . Neighborhood Notice of a Type B permit application must be provided to adjacent neighbors r OF 1120 SW 5th 5th Avenue r Portlard, Oregon 972041992 y W Mailing Address: P.O. Box 8120 , PORTLAND, OREGON Portland,:Oregon 97207-8120 'r` Liwr. t503) 796-7300 ` BUREAU OF BUILDINGS FAX (503) 796-5983 TYPE B HOME OCCUPATION PERMIT APPLICATION The City of Portland Zoning Code requires that a home occupation ` permit be obtained from the Bureau of Buildings for any Type B home i" ! occupation. A Type B home occupation is one where smog one non- t i resdent employee works at the site or up to eight custv>mers per • day come to the site. `•_'. In addition to completing the application form, you must complete the Neighborhood Notice of Home Occupation which is to, be provided to all owners of property abutting or across the street from yours .. and to all recognized organizations whose boundaries include your : site For the names and addresses of those organizations, please contact the Office of Neighborhood Associations at 248-4519. .-rst Once you have completed the notice and provided it to the required recipients, you must return a copy of the completed notice along with a list of addresses and organizations notified. You must sign. :: the notice verifying that the requirement has been met. It is your responsibility to gather and provide this information. An ;-.„._•.,- a, application will not be considered as complete until all the, requirements have been met. Return the completed application with the required $50.00 fee (for ,�- a two-year permit) to the Bureau of Buildings, Code Compliance Section, PO Box 8120, Portland, OR 97207-8120. Please make checks I-- payable to "City of Portland." 3t. Home Occupation Notice Area '` ., fa • i 0 . le/r.ifri, Eli , i a n ' . i i la i .'�: i i . I i Site. EI. E1 i ,.:1.:...,),:,...,',$,...--- HR } j . .....SS• � V� r E!Jl \k :.. s > '.. ... 54[In . i _ i � • �l1 homocapp.sb 1. z: ; VI Notice of the home occupation is r. sent to' ` owners of these sites. r . t,' '' OFFICE USE ONLY: ceipt No. +' Date Rec'd A.pproved by , j '1.....:... ' HOME OCCUPATION PERMIT APPLICATION -- TYPES ', .4.-t-'---:: Name (print) Business Name: .,, Is this game registered with the State of Oregon Corporation Commission?. °. Yes No ;;• Address; Zip Code: Mailing Address if Different. Zip Code: 4 Telephone No (home) : (business) : Description of Business: (Include SIC Classification Number, if any) } Vehicle (s) used in the conduct of the this business: X k `_4 of di .-:;.....;;;''f.,„1,4 1. Make: Lic. No. : State: , .. 2. Make: Lic. No. : State: ;. Will there be deliveries made to your home or pick ups made at your home as ; � . part of this business? Yes No if Yes, average number of ?y; deliveries or pick ups daily: x The owners of the following properties have received a copy of the attached A,, �* ' notice. Addresses: •' i i The following neighborhood organization(s) also received a copy of the 1- attached notice: toll . ,' Attach copy of completed Neighborhood Notice of Type B Home Occupation. } CD I verify that I have met all of the code requirements for a Type B home RAA -a , occupation permit. I agree to conduct my business within the limits allowed by the code. I understand that this permit can be revoked if I fail to comply with the regulations and that, if revoked, it cannot be renewed at ,k this address for two years. .i Signature ,. • "° : apphomocc. sb Date 1' NEIGHBORHOOD NOTICE OF TYPE B,HOME OCCUPATION Dear Neighbor: The City of Portland Planning and Zoning Code allows me to' conduct' an accessory home occupation from my residence. My business will be a Type B home occupation by which I may have either one non resident employee r up to eight customers/clients per day dome, to my residence. Section 33.203.060 of the City Code requires that I provide you this notice informing you of my home occupation. Regulations governing the conduct of my home occupation are listed `. on the reverse side. Information about my business is as follows: Name (print) ; Address: Phone: Type of Business: one non-resident employee (check one) Yes No or, if no employee, number of customers expected daily: Hours of Operation: t _ If you have questions about my business, please call me at the above phone number during my business hours. You may call the City of Portland, Bureau of Buildings, Code Compliance Section at 796 7305 if you believe that my business is not conforming to regulations. I have met the requirements of the Code and have provided this .. �':. Notice to my neighbors. w Signature z. • • Applicant: Return a completed copy of this form with your Home, Occupation Permit application: ,: a• :a:P T . Div a ? 4 , . n{ - . .::: . „ . .-„.. • . 0 . GENERAL REGULATIONS TYPE A AND TYPE B HOME OCCUPATIONS 1. Any type of repair or assembly of vehicles or equipment with internal combustion engine or of large appliances or any other work related to automobiles and their parts is prohibited. 2. Accessory home occupation may not serve as headquarters or dispatch centers where employees come to the site and are dispatched to other locations. 3. Signs must meet the regulations of the base zone; for a residential zone, only : one permanent sign, no larger than 1 square foot is allowed. ; 4. All activities must be in completely enclosed structures; exterior storage or ; display of goods, equipment or materials is prohibited. 5. The dwelling and site must remain residential in appearance and characteristics. Internal or external changes which will make the dwelling appear less residential in nature or function are prohibited. 6. Hazardous substances are prohibited, except at the consumer commodity level. 7. The maximum noise level for a home occupation is 50 dBA as measured at the -,, nearest property line. .= 8 . No more than one truck, associated with the home occupation, may be parked at the site; the maximum size of truck allowed is a light truck. Light trucks are trucks or similar vehicles with single rear axles and single rear wheels. 9 . Deliveries or pick-ups of supplies or products are allowed at the home only between 8 am and 5 pm. Deliveries or pick-ups may not be made by heavy trucks. ',' ° Additional Type B home occupation regulations. The following additional 4 ~: regulations apply to Type B home occupations. 1. Hours. Customers may visit the site only during the hours of 7 am to 9 pm. ' }.` 2. Nonresident employees. One nonresident employee or business associate is 'y allowed with a Type B home occupation provided no customers come to .the site. q ,; Home occupations which have customers coming to the site are not allowed to have , .; �a nonresident employees. Adjustments to this subsection are prohibited. ',,V. , r 3 . Customers. Only eight customers or clients may visit the site in a day. 4. Retail sales. Retail sales of goods must be entirely accessory to any services provided on the site (such as hair care products sold as an accessory to hair cutting) . 5 . Number of Type B home occupations. More than one Type B home occupation per dwelling unit is prohibited. 6. A Type B accessory home occupation is prohibited in a residence with an accessory rental unit. b 7 . A. permit is required for a Type B home occupation and may be obtained fxom the Bureau of Buildings. 8 . Neighborhood Notice of a Type B permit application must be provided to adjacent neighbors. y ; J. to : , Y } . . . .4. ° . }_. . ` ,-7y, . r4 :.'- , ''' / F ,. City of Portland ' Bureau of Planning r,_...7 Land Use Permits Sections ACCESSORY O OCCUPATIONS y ` i" 4 1st Floor,Permit Center Chaapter 33,203 �® 1120 S.W., fifth Avenue Portland,OR 9724t4-iSSB 1,/. (603)796-7528 A............ .71IMI.MMIIIMIIIIIYill.IIMISIsteSIMWSMI.M.Weil ......IONYINSIS.INININI.101.01M1' x Sections. 33.203.010 Purpose 33.203.020 Description of Type A and Type B Accessory Home Occupations - 33.203.030 Use-Related Regulations ,.y - 33.203.040 Site-Related Standards a = 33.203.050 Impact-Related Standards 33.203.060 Type B Home Occupation Permit 33.203.010 Purpose ' . Accessory home occupations are activities accessory to uses in the Household Living category. They have special regulations that apply to ensure that home occupations will not be a detriment to 0. the character and livability of the surrounding neighborhood. The regulations ensure that the accessory home occupation remains subordinate to the residential use,and that the residential viability of the dwelling is maintained. The regulations recognize that many types of jobs can be done in a home with little or no effects on the surrounding neighborhood. ea a 4 33.203.020 Descriptions of Type A and Type B Accessory Home Occupations r` r, R. There are two types of home occupations,Type A and Type B. Uses are allowed as home ;..az occupations only if they comply with all of the requirements of this chapter. . M ,',y.. A. Type A. A Type A home occupation is one where the residents use their home as a place a ,.t.' " .a" of work; however,no employees or customers come to the site. Examples include artists, ,; crafts people,writers,arid consultants. Type A home occupations also provide an a opportunity for a home to be used as a business address but not as a place of work. B Type B. A Type B home occupation is one where either one employee or customers come to the site Examples are counselling,tutoring,and hair cutting and styling, C. Bed and breakfast facility. Bed and breakfast facilities are exempt from the i' regulations of this chapter. The regulations for bed and breakfast facilities are stated in j Chapter 33.212.a. D. Family daycare. Family daycare for up to 12 children,including the children of the u, provider,is exempt from the regulations of this chapter as required by ORS 418.817. L 33.203.030 Use-Related Regulations ., a A. Allowed uses. The intent of the regulations of this chapter is to establish performance C9 standards for all accessory home occupations rather than to limit the allowed uses to a f specific list. Uses which comply with the standards of this chapter are allowed by right unless specifically listed in Subsection B. below. {,; 1 You - .b V " 2034 ,,'''. S L; e i A i e 7 1,7. '.mss—',. c+ . yf Chapter 33203 Title 33,Planning and Zoning r Accessory Home Occupations 111/91 7. B Prohibited uses. 1. Any type of repair or assembly of vehicles or equipment with internal combustion engines(such as autos,motorcycles,scooters, snowmobiles,outboard marine . engines,lawn mowers,chain saws,and other small engines)or of large appliances(such as washing machines,dryers,and refrigerators)or any other r work related to automobiles and their parts is prohibited. 2. Accessory home occupations may not serve as headquarters or dispatch centers ses where employees come to the site and are dispatched to other locations • "�` 3. A Type B accessory home occupation is prohibited in a residence with a an a accessory rental unit. v: C Additional Type B home occupation regulations. The following additional ` regulations apply to Type B home occupation _ ` 1. Hours. Customers may visit the site only during the hours of 7 am to 9 pm. F s , 2. Nonresident employees. One nonresident employee is allowed with a Type B Z home occupation provided no customers come to the site Home occupations { which have customers coming to the site are not allowed to have nonresident ,,Y employees. Adjustments to this subsection are prohibited. ,, at. 3. Customers. Only eight customers or clients may visit the site in a day. ,: 4. Retail sales. Retail sales of goods must be entirety accessory to any services • ..; provided on the site(such as hair care products sold as an accessory to hair e. '°., cutting). 5. Number of Type B home occupations. More than one Type B home occupation '. per dwelling unit is prohibited. .Y .1 r; 33.203.040 Site-Related Standards es • ',,< A. Signs. Signs must meet the regulations of the base zone. B . Outdoor activities. z 1. All activities must be in completely enclosed structures. z 2. Exterior storage or display of goods or equipment is prohibited. C C. Appearance of structure and site. The dwelling and site must remain residential • m = in appearance and characteristics. Internal or external changes which will make the C) dwelling appear less residential in nature or function are prohibited. Examples of .s. such prohibited alterations include construction of parking lots,paving of required • setbacks,or adding commercial-like exterior lighting. x Y: d 4 e. L 4, 2 i 203-2 Z i 1. • • ,- .... ,. .. .. 1. . , ,. „,_.. .... , , _,,- ......-. ... --,,. y.--... ,-.. ....--..... ...„ ,,,,-;- ,, -. ._,„ ,.., -, -. . _ ...,,, .,,,,, ,..„ ,!- ..„.,---....,.„,.. „...,--, f... ....,..,„ , .... ....... :-:-,. ....„-_ .. ,..,, ,,...,,,,,-„,.t.. -, • is•.. _ Title 33,Planning and Zon Chapter 33.203 1/1/91 Accessory Home Occupations - 33.203.050. Impact-Related Standards A. Nuisances. Accessory home occupations are regulated by the standards contained in Chapter 33.262,Off-Site Impacts,except noise,which is regulated by Subsection C. , below. j B . Hazardous substances. Hazardous substances are prohibited, except at the consumer commodity level. (See Chapter 33.140,Industrial and Employment Zones, for more information on hazardous substances levels.) C. Noose. The maximum noise level for a home occupation is 50 dBA. Noise level , ' • measurements are taken at the property line. Home occupations that propose to use power tools must doccment in advance that the home occupation will meet the 50 dl3A . standard. { ;; H. Trucks and vehicles. No more than one truck, associated with the home occupation,may be parked at the site The maximum size of truck that is allowed on- M.: site is a light truck. This is the same as for all residential uses in residential zones. r 1 t E, Deliveries. Truck deliveries or pick-ups of supplies or products,associated with _ business activities,are allowed at the home only between 8 am and 5 pm. Vehicles -- used for delivery and pick-up are limited to those normally servicing residential neighborhoods. • u. d. 33.203.060 Type B Home Occupation Permit ,t t A. Purpose. Permits for Type B home occupations must be obtained from the Bureau of Buildings prior to their establishment,to ensure the following: t • That the applicant is aware of the provisions of this chapter which govern accessory n. home occupations; } • That the City has all information necessary to evaluate whether the proposal initially �° 7 , meets and continues to meet code regulations; and • That the distribution and location of Type B home occupations can be documented. ,_ ,`; B . Procedure. A home occupation permit for Type B home occupations will be issued . ` by the Bureau of Buildings for a two year period. It is the responsibility of the v ` applicant to obtain the permit every two years. The review process requires the C ,.,.;_ . applicant to agree to abide with the requirements of this chapter and sign a form showing agreement to these conditions and documentation that the proposal is a Type , B home occupation. The applicant must demonstrate compliance with the +' neighborhood notice requirement,described in Subsection C.below. ,:. ', C. Neighborhood notice. 4. ~` Ca 1. Purpose. The purpose of this requirement is to notify the neighborhood association and nearby property owners of the establishment of a Type B waccessory home occupation,the type of activities which will occur,and the regulations under which the use must operate. 2. Process. a. Notice content. The applicant must complete a notice which describes the standards set forth in this chapter,the type of business activities to take place 1 94. 203-3 .u1 nf.. ♦ a .a .'1 • •:iy .. ♦ J.... fi J' i ., .. ft ..Q a. . 1 .. t;+t [+ a , t . -', Chapter 33203 Title 33,Planning and Zoning ` �,'` Acees>rarylfo�ne Occupations � 111/91 > �`'ii: * at the site,the hours of operation,and either the nonresident employee or expected number of customers on a daily basis. b. Notice recipients. All recognized organizations whose boundaries include the site must receive the notice. In addition,all owners of the property abutting or across the street from the site must receive the notice. See Figure 203-1 for a description of the notice area. The applicant must submit to the , ;� Bureau of Buildings a list of the addresses notified,a copy of the notice #' which was sent,and a signed statement verifying that this requirement has been met. It is the responsibility of the applicant to gather the information to fulfill this requirement. Figure 203-1 •; Nome,Occupation Notice Area 1 0. /hI' r ! 1 -:.: -'4■:- I, .1,11r : / _._!___ ... :.■ ' � ,"..",:,* "3-k' irl .�: ', i . 1,Site i Di ... ;'i r . F}r. ttr ,..r,y y'r r t tits xt .::.'' 1'-3- r4 ' ! 0! ,. ..;_-: ''- .`, . 1.4 [w.] . , . tv- bdi ; ; -: 1` �/[ I I { Notice of the home occupation is sent to owners of these sites. D„ Revocation. A Type B home occupation permit can be revoked for failure to • {`' t comply with the regulations of this Chapter,through the procedures identified in :,' Subsection 3.30.015(b)of Title 3,Administration. When a Type B home Y* occupation permit has been revoked,a new Type B home occupation •permit •will not be issued to the applicant or other persons residing with the'applicant for 2 1 .`. . years. r f yr • t ff 203-4 {' 8 i f 1, ,y 4.1' . . J T. ■.7 z n s ° y i a i Home 0 ,7 l ation Portland Metro of tan Area , CITY' " Notice Coot Allowable Number Number ; J - of of daily f 0 ZI t Area customers em l 30. . o Beaverton Minor ..., no . T . .. :. Efinsmi. 5 0 Major yes X Mailed to 5 years ' N/A 6 1 everyone within ,.. . ;:`�, 300feetby Planning Department _ Gres Mme. Minor yes No notice No limit 25%or 0 0 A 1,000 i a Sq. ft. 4. Major yes Mailed to 2 years 25%or 8,no more 1 everyone 1,000 than two J. within sq. ft. at one 4 = 300 feet by time Planning Department ` Hillsboro n o 25% .0 0 • ' Lake Oswego no ill 25% N/A 0 ' Milwaulde 111111 25%of 5 N/A • ground enrollees ». -' 1. floor area j , Portland 1111111111111111111111111.11111111 MIMI . Minor no 0... 0 Major yes X Applicant $25.00 2 years N/A N/A 1 F must send to t~®8 : adjacent Lpropoerties 1111111111 . ai, a ' Tigard yes X Sent to $50.00 1 year 25%of 0 0 — neighborhood plus residence association by $10.00 and planning annual assessory , department renewal structures 4. ...,..14,-' ",d i ll i...."..j rt . . 4'. t. 3,. • <' Y. .t. , . 4 .4 ..4_u , .fie... j .{f .1: : a"/'! `ZS s•" 11 ,. • -, SUPPLEMENTARY MARX GLlI.ATIONS V . .: f SECTION 4. SUPPLEMENTARY REGULATIONS ' Section 4.01: Accessory Uses General Provisions. Accessory uses t- shall comply with a requirements ox t e princa.pal use except ', where specifically modified by this Ordinance and shall comply with ats '- the following limitations: li,r"r 1. Fences , walls and plantings may be constructed or maintained in .yards with the following limitations: .,. Fences , Walls , or plantings shall be constructed or maintained ;y in yards only so as to permit unobstructed vision of passenger ' vehicle operations when approaching intersecting streets or tn •S L driveways. Fences , walls, and plantings on lot perimeters in• a. areas other than those obstructing the vision of passenger vehicle operators shall be constructed or maintained so as to ensure light and air and maintain aesthetic freedom for adjacent properties. A fence, wall or planting over the height of six . '} (6) feet shall be presumed to be confining and detrimental to :,...7 adjacent properties. K '`" 2. A greenhouse or hothouse may be maintained accessory to a dwelling provided nothing grown is sold on the premises. .,' ( 3. A guest house without kitchen facilities. may be maintained accessory to a dwelling. "-- 4. Regardless of the yard requirements of the zone, a side or rear '; yard may be reduced to 3 feet for an accessory structure erected more than 60 feet from a street other than an alley provided the structure is detached from other buildings by 6 feet or . more and does not exceed a height of one story nor an area of 480 square feet. ` -- 5. A ho�ne`Eoccupa ion shall r of occupy more than one quarter of the ground floor area of the dwelling; Maintain the residential • character of the building; Not have the outward appearance of • a business; Not detract from the residential character of the neighborhood; Not involve outside display or storage of merchandise, materials, or equipment on the premises; Not cause . noise, odor, smoke, gases, fallout, vibration, heat, or glare to be detectable • . ' beyond the limits of the property; Not involve the use of detached garage; Not have more than five enrollees for instruction as a home occupation.`frame '. Occupation Applications shall be rocessed p per the procedures outlined in u� -----section 10.05(A) , Type I Administrative Review. (Aaded 3/17/87, Ord. 1620.) ■ ••-•1 6. Keeping of lives oc or poultry shall be in buildings that • fully comply with building and sanitary codes. The keeping of chickens or other domestic or domesticated fowl shall not exceed 50 in number and shall require the written consent of all owners of real property (or a part thereof) within 100 feet of •= . �. • any point on the boundary of the property on which the chickens , or domesticated fowl are proposed to be kept. • .. N 4I 65 T`, 11-6.3 Hil s.boro Ordinances 11--6.3 ', i .,; (19) Grade (ground level) . The average of the finished `0 %a- r 1 i ground level at the center of all walls of the building. ° In case a wall is parallel to and within five feet of a ' .4 sidewalk, the ground level shall be measured at the ,. sidewalk. (19) Height of building. The vertical distance for the grade ; to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the point midway -'' between the ridge and the eves of a pitch or hip roof. � ' 'j (20) Home occupation. '' A lawful activity commonly carried on `' within a dwelling by members of the family occupying the r; dwelling with no servant, employee, or other person R" being engaged, provided that: • (a) The residence character of the building is . maintained. (b) The activity occupies less than one-quarter of the s ` a' ground floor area of the main building. • ;` (c) The activity is conducted in such a manner as not t, to give an outward appearance nor manifest any .. characteristic of a business in the ordinary --e. meaning of the term nor infringe upon the right of sn. neighboring residents to enjoy the peaceful occupancy of their homes. • (21) Hospital. An establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical, or surgical care and nursing service on a : ., continuous basis. e (22) Hotel. A building with a common entrance consisting of individual sleeping quarters for rental to transients, •,< and i' which no provision is made for cooking in the lodging room. (Amended by 3029-8-79.) (23) Kennel. A lot or building in which four or more dogs or cats at least four months of age are kept commercially t for board, propagation, or sale. (24) Lot. A parcel or tract of land. , 0 (25) Lot area. The total horizontal area within the lot . J lines of a lot. 8/79 fa ( . j/ - 5 - i : V 6/1111^X°11 .:1111111/.;41 . ' LoeOsweoe 48.535 • . ZONING 48.545 Chandler Rd. from Iron Mt. Blvd. 42' . to 10th St. 30 ' Foothills Rd. 30 ' Oak St. from State St. to McVey Ave. 30' Oak St. from McVey Ave. west 25 ' McVey Ave. from State St. to Kilkenny 40 ' _ :.~. McVey Ave. from Kilkenny to south , + City limits 30' ' Pilkington Rd. from Boones Ferry Rd. '1 ' to south City limits 30 ' -4,'; = ` Entire length of South Shore Blvd. . 40' . Upper Dr. from Iron Mt. Blvd. to west i-,, City limits 30 ' West Bay Rd. from South Shore Blvd. X , to Bryant Rd. 30' ; Boones Ferry Rd. within City limits 40 '` r rt State St. from north to south City limits 50 ' -�' ,•': y Carman Dr. north and east of Kruse Way 30' ;' ,,' Carman Dr. south and west of Kruse Way 40' ,, :, 5e General Exceptions to Yard Requirements. k . Except for that portion of the setback which is listed in LOC 48.535(4) , the following exception to the front yard -,i= ... -, requirement for a dwelling is authorized for a lot in any zone. ; ;_, If there are dwellings on both abutting lots with front yards of less than the required depth for the zone, the front yard for ' the lot need not exceed the average front yard of the abutting 2 dwellings. If there is a dwelling on one abutting lot with a front yard of less than the required depth for the zone, the Y front yard for the lot need not exceed a depth one-half way between the depth of the abutting lot and the required front yard depth. (Ord. No. 1851, Sec. 1; 11-16-82. ) ";" 48 .540 Use of Recreational Vehicle as a Dwelling Unit = Prohibited. ,, s. a A recreational vehicle shall not be used as a dwelling unit. This section prohibits any use of such facilities for dwelling purposes for more than 72 hours in any seven day -_ period. (Ord. No. 1851, Sec. 1; 11-16-82. ) -1 48.545 Home Occupations. * A home occupation may be conducted where allowed by other provisions of this chapter if the following conditions are =; continuously complied with i 7; 1. The use does not alter the residential character of the neighborhood nor infringe upon the right of residents in the . vic 'nity to the peaceful enjoyment of the neighborhood. A current and valid business license is maintained. to L_ :r f �� ,a l s. Fyt .c. +.• 48. 545 ZONING 48.547 3. No employees other than family members who reside at . , the dwelling. 4. No outside storage of goods or materials other that vegetation 5. No more than 25% of the dwelling is devoted to non-residential use. (Ord. No 1851, Sec. 1; 11-16-82. ) 48.546 (Repealed by Ord. No 1889, Sec. 2; 5-15-84. ) 48.547 Specific Standards for Secondary Dwelling Unit. A secondary dwelling unit may be allowed in conjunction with a single'-family dwelling by conversion of existing space, .c'' by means of an addition, or as an accessory structure on the existing same lot with an g dwellin g, when the following conditions are met; 1 The site is large enough to allow one off-street parking space for the secondary unit in addition to the required parking for the primary dwelling. 2. Public services are to serve both dwelling units. 3. The number of occupants is limited to no more than two persons in the secondary unit. (Rev. 5-15-84; rm) • sa • } y 279.60 a z .5 ,.7: , SECTION: 4.0600 - HOME CCEMMIONS a Section: 4.0610 '- General Provisions i (A) It is the intent of the section to ' a ,`.: (1) Protect residential areas from adverse impacts of activities z,7_ associated with home occupations. (2) Protect the right of neighboring residents to the peaceful aat , enjoyment of their neighborhood and homes. 7:4-:.:: (3) To allow home occupations to exist and to allow residents of ' '' the community a choice to use their homes as a place of business a1 - as long as they are not in violation of the provisions of Section 4.0600 et seq. and the Gresham Development Code. (B) No person shall carry on a home occupation without first obtaining Y` a permit for such use in the manner provided by Section 4.0600 et seq *` and the Gresham Development Code. x 1 Section: 4.0620 - Standards of a flanor S Occupation y,r The following standards are established for minor home occupations: . J ;,-; (A) No signs shall be used indicating the existence of the home occupation. 's y (B) There is no display or other evidence that will indicate from , `` public rights-of-way or abutting residences that the dwelling unit is t. *; _ used in whole or in part for any purpose other than as a dwelling, (C) There shall be no change in the Uniform Building Code occupancy 3 ` ' A classification of the dwelling unit or any portion of the dwelling unit. (D) No more than 25% of the floor area of all structures on the lot or f 1000 square feet, whichever is less, may be used in connection with a 1 , home occupation or for storage purposes in connection with a home occupation. ne a (r^,) There shall be no outside storage of materials or equipment ao 4 associated with the home occupation. Nor shall there be any storage or use of explosive, flammable, radioactive, toxic or other hazardous materials that are not normally found in the home nor in amounts not ta normally associated with a residence. Specific limitations and { L CD requirements for the storage of hazardous materials in a residence are found in and regulated by the Uniform Fire Code. (F) No one other than residents of the dwelling shall be engaged in the home occupation at the dwelling site. ,. .'+fa`; ;1 , f `s '• 9+`,x • aa+ 1 b rt ` (G) No coercially-licensed vehicle in excess of 3/4 ton { manufacturer's rating shall be utilized or parked at the dwelling unit a by any resident of the premises in connection with the home occupation. (H) The use shall not generate pedestrian or vehicular traffic to the dwelling unit. However, one delivery per week from commercial A suppliers is allowed provided that the deliveries do not restrict a ' a traffic circulation on the public street and sidewalks. (I) The generation of any noise, vibrations, odors, heat, glare or visual or audible electrical interference or fluctuations in the line` p voltage detectable beyond any property line is prohibited. After approval and prior to the issuance of the Development permit the applicant shall provide proof that he/she has paid the City Business •1_ License, if applicable, . (Amended by Ord. 1142 passed 7/18,'89; effective 8/17/89.) s ,y, Section: 4.0621 - Standards of a jeer Occa ati.on The standards established for a major home occupation are as set out in Section 4.0620 except that Standard H. shall be replaced with subsections 2" 2 R., B., and G. below and that Standard F. shall be replaced with subsection ' \' D below: - - (A) No more than eight customers may enter the premises on a daily basis. (B) No more than two customers may enter the premises at any single time. (C) No customers may enter the premises between 10:00 pm and 8:00 am. ee (D) No more than one person in addition to residents of the dwelling .. shall be engaged in the home occupation at the dwelling site `0 1. • • OOH S h: ab .. I'1-6 i R r C. • • • 1 Date 6.6011k!E OCCUPATION PERMIT APPLICATION • TO FHE BUREAU OF BUILDINGS: The undersigned,owner or occupant, at { "mama. • rA between and • hereby makes application to maintain a as a Home Occupation for 2 years in accordance with Planning and Zoning regulations. Attached are a. A petition containing the approval signatures of pro rt owners of at least b 5 50 percent of the surrounding land within 100 feet excluding street widths) of the applicant's property lines; and • b. The required $25.00 filing fee. Yours truly, FOR OFFICE USE ONLY Print Name Rec. No. n Date Recd I Sign Name Petition Address • Fee I kr .. I y: Disposition I Telephone No. INSTRUCTIONS: Return this completed application form and the completed petition form, together with the required $25.00 application fee, to the City of Portland - Permit Center, 1120 S.W. 5th Avenue, Portland, Oregon, 97204-1992. Please make check payable to "Treasurer - City of Portland." la:WBB:ob 12/29/81 { • ' {•.�. .. ;?: r. .. j Si. >,. V 3 e..;''' ` ',i CITY O PORTLAND ZONING REGULATIONS S d� FEE $25.00 FOR TWO YEARS HOME OCCUPATIONS r" = DEFINITION: A lawful profession, craft or service permitted, under such terms and conditions as are specified by this code, to be carried on within a dwelling or on the ' ' same lot as a dwelling as an accessory or secondary activity to the use o� the dwelling }' purposes. • e. r HOME OCCUPATIONS IN R ZONES (a) In R Zones home, occupations in the same lot accessory to the principal uses and transitional uses of a Type 6 classification shall be permitted only in the Ye., following categories: A. ,:!. 1. Office for professional, personal or business service. t .-- 2. Studio for arts, handicrafts or tutoring. " T' 3. Shop for limited or custom production or minor repair service. 4. Headquarters for a craftsman or salesman. a 5. Home babysitting. ' (b) Any such home occupation shall comply with the following limitations: 1. No servant, employee or any person other than a member or members of 4". the family residing within the dwelling shall engage in a home occupation therein or within an accessory building. j ,. p <; 2. No dwelling shall be used as a headquarters for the assembly of employees °' for instructions or other purposes or to be dispatched for work at other locations. '' i 3. No activity shall be allowed which involves the use, storage, milling or . r', manufacture of highly combustible materials or internal combustion .. y ' engines. 4. All aspects of the conduct of a home occupation shall be confined, , ' contained and conducted within the dwelling or within a completely E enclosed Type 1, 2, or 3 accessory building. ., b 5. The aggregate of all space within any or all buildings devoted to one or more home occupations shall not exceed five hundred (500) square feet in floor space. eu6. Any home occupation which causes abnormal automotive or pedestrian traffic or which is objectionable due to unsightliness or emission of odor, o`, dust, smoke, noise, glare, heat, vibration or similar causes discernible on the outside of any building containing such home occupation shall be i, prohibited. 7. No enlargements or alterations to a dwelling or accessory building for the :-.;-',S;' sole purpose of conducting a home occupation shall be permitted. w, . • ` ti::µ • .. .. .Y .:'l. a %.4 a f 1 Z.::1:,: { 4 3 ar , 1 '' 8. The premises shall at all times be maintained as residential in appearance,' cleanliness and quietness. , a {" ° . 9. Dimensions, power rating or weight of such equipment and tools used in the conduct of the home occupation shall not exceed that of normal household equipment and tools, ,; 10. Sign: A home occupation shall be permitted one non-illuminated, non flashing sign, not exceeding three-quarters square foot in area, limited to ._ the name of the occupant and/or a designation of any authorized home occupation conducted on the site. Such 'sign shall be in lieu of, not in addition to, any sign permitter'for a principal use in the underlying zone. 11 Any materials used or any item produced or repaired on the premises shall - not be displayed or stored so as to be visible from the exterior of the " building. 3 12. Customer and client contact shall be primarily be telephone, mail, or in :' their homes and places of business, and not on the premises of the home occupation, except for those home occupations which by their very nature cannot otherwise be conducted except by personal contact with clients. } ': "' K' 13. Products made or sold shall be disposed of primarily by delivery from the ,. , aa, epe ' premises to the homes or places of business of customers. 14. Other than normal passenger automobiles, only one truck of no more than 8,400 pounds gross vehicle weight (GVW) is permitted to be operated, whether owned or rented, in connection with a home occupation. Such truck, if parked on the premises, shall be kept within a completely enclosed $; garage. 15. instructions in music shall be limited to no more than two students at one :',''''....,-1:*4* time and in crafts to no more than six students at one time. . y - 16. Home babysitting is allowed under the following conditions ;, a. Up to and including five children may be cared for on the premises•, 1 i , or b. Up to and including ten children may be cared for if: ;; (1) There is at least 100 square feet of safe, usable open space . ; on the site for outdoor play area; and (ii) Screening is provided separating such outdoor open space ®p from abutting lots. Such screening shall be at least four feet f' — but not more than six feet high, and should be a masonry la , wall, an ornamental wooden fences a chain-link type wire fence with evergreen vines, or a compact evergreen hedge; and j' (iii) 100% of adjacent neighbors indicate approval. This is s Y included within the normally required 50% approval for home { occupations generally. a S" r is p (iv) If, subsequent to granting a home occupation permit for • the care of 6-10 children (paragraph b), a petition from 75% of the abutting property owners is received by the v.-_ Bureau of Buildings opposing the continuation of the increased number of children, the permit shall be amended to allow not more than 5 children. t> ' 17. An office for a physician or dentist is permitted primarily for emergency cases and as an accommodation for retired or part-time practitioners ' 1",.::' and not as a principal office for the practice of the profession. 18. Limitations placed on home occupations in this title shall not be construed as prohibiting home occupations conducted by means of receiving and transmitting signals via a home computer terminal linked to a telecommunications network. 19. A home occupation shall not be permitted where an accessory rental unit is already located on the premises. e'4.,-:f- ;' - (c) Procedure to establish and maintain a home occupation: 'e ` 1. Permits for home occupations shall be issued by the Bureau of Buildings `' ti = • and shall be valid for a period of two years only. It shall be the responsibility of the applicant to apply for a renewal every two years. Before re-issuance of a permit, the Bureau of Buildings shall review the home occupation for compliance with the requirements of the title. A a ' ' permit for a home occupation may be revoked at any time if the ` ,k requirements of this title are not being met. The fee for such a permit .r . .' shall be twenty-five dollars ($25.00) for new permits and twelve dollars ® ' and fifty cents ($12.50)for renewals. 2. No permit shall be issued by the Bureau of Buildings until or unless the i applicant shall have received the favorable approval as indicated by signatures on the authorized application form of owners or contract t. purchasers of not less than fifty percent of all property in the area bounded by lines one hundred feet, excluding street widths, from and parallel to the boundary lines of the lot proposed to contain each home occupation. Area of any property owned or occupied by the applicant shall be excluded in computing required percentage of approval. 3. If, in the opinion of the applicant, the Bureau of. Buildings has acted arbitrarily and capriciously in withholding or revoking a permit for a home occupation, he may request an interpretation of the title by the 5 City Planning Commission as provided in Section 33.114.040. In such za ;i case the dwelling or accessory building to be devoted to a home 0 occupation shall be open for inspection to the staff of the City of 3` '{ 9 Portland Bureau of Planning on any day between 8:00 a.m. and 10:00 p.m. la:WBB:czb . 8/18/82 18/82 1 ..'-;:.;:',2--.1,4 .f t ,.; «. , '..!....e.....-.4:;.4, e ;i e^ i�.$ .s S+" .` _ i n , Yi .. t, va '- .6_. .i 's s O 11PA1ON TIT . -1 ".:-::::: WE, THE UNDERSIGNED, OWNERS OF PROPERTY WITHIN 100 FEET OF LOT(S) , i ,-. BLOCK _-_... .ter ADDITION, CITY OF PORTLAND,_ WHICH I S HAVE NO OBJECTION TO A HOME ,; ,. (ADDRESS) , ., OCCUPATION KNOWN AS A. BEING MAINTAINED BY AT SAID LOCATION, HAVING BEEN ASSURED BY THE•APPLICANT THAT. ,t 1. No SERVANT, EMPLOYEE, OR OTHER PERSON OTHER THAN A MEMBER OR MEMBERS OF 4`_ THE FAMILY RESIDING WITHIN THE DWELLING WILL BE ENGAGED IN SUCH HOME Y : OCCUPATION THEREIN OR WITHIN AN' ACCESSQRY BUILDING ON SAID PROPERTY; ' �,; k 2. THE DWELLING WILL NOT PE USED AS A HEADQUARTERS FOR THE ASSEMBLE OF EMPLOYEES FOR INSTRUCTIONS OR OTHER PURPOSES OR FOR THE DISPATCH OF' "' EMPLOYEES FOR WORK AT OTHER LOCATIONS; {,_ 3 ALL ASPECTS OF THE CONDUCT OF THE HOME OCCUPATION WILL BE 'CONF I NED, '', CONTAINED, AND CONDUCTED WITHIN THE DWELLING OR WITHIN A COMPLETELY ;, ENCLOSED EXISTING ACCESSORY BUILDI?iN,G; .. J . 1HE AGGREGATE OF ALL SPACE WITHIN ANY t R -ALL BUILDINGS DEVOTED TO ONE OR ,F MORE HOME OCCUPATIONS ON THE PROPERTY WILL NOT EXCEED 500 SQUARE FEET IN FLOOR SPACE, a 5. THE DWELLING AND/OR ACCESSORY BUILDINGS WILL NOT BE MODIFIED OR ENLARGED . TO ACCOMMODATE SAID HOME OCCUPATION; ' h;' "4 6. THE PREMISES WILL AT ALL TIMESBEMAINTAINED AS RESIDENTIAL IN APPEARANCE, CLEANLINESS AND QUIETNESS; WILL• NOT GENERATE ABNORMAL AUTOMOTIVE OR PED ESTRIAN TRAFFIC.). AND NOT BE .OBJECTIONABLE DUE TO ,UNSIGHTLINESS OR .'-i-o.o. EMISSION OF ODOR,.—DUST, SMOKE, LAOIS4, GLARE, HEAT, OR VIBRATION DISCERN- IBLE ON THE OUTSIDE OF THE BUILDING(S) . �~ : WE, THE UNDERSIGNED, FURTHER UNDERSTAND THAT THIS PERMIT MAY BE REVOKED FOR CAUSE IF THE ABOVE—NOTED SSURA ES BY THE APPLICAN AND OTHER HOME OCCUPATION REGULATIONS CONTAINED IN IITLE 55 OF THE MUNICIPAL LODE ARE NOT CONTINUALLY -° COMPLIED WITH IN THEIR ENTIRETY. { te,.' ' NAME ADDRESS ' LOT BLOCK ADDITION • a t { g ... .. ��......�� ...�� ..—r..v�� ..rte i.-:‘• -----re.—... —...... — ------- ---- .. : il,..- ,P 06# 1 1 3 .. ARTICL1E 16 HOME OCCUPATIONS 16.010 fume. The home occupation provision is in recognition of the needs of many persons who are engaged in small scale business ventures or personal hobbies,whether conducted for profit or not, which ,i et7 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. 16.015 Definition. An occupation carried on within a dwelling provided the residential character of the building is maintained and the occupation is conducted in such a manner as not to give an outward appearance nor manifest any characteristics of a business in the ordinary meaning of the term, nor infringe upon the en right of neighboring residents to enjoy the peaceful occupancy of their homes. 16.020 Standards. A home occupation shall be allowed as a permitted accessory use to a residence provided that the following conditions are met: i a (1) 'lire use must be carried on only by members of the family residing on the premises and not more : `. than one outside employee or volunteer who shall be limited to no more than 20 hours participation per week. '' (2) There must be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or ,. k,. ,';, beyond the property line resulting from the operation. . u (3) One sign shall be allowed which shall have dimensions of not larger than 12 inches by 18 inches :, 'Z.:2 and which must be placed in a window or attached to the building.• in 12.-ri (4) There shall be no display, other than the allowed sign, which would indicate from the exterior that a the building is being used for any purpose other than a dwelling. ii z= n' + ^, (5) There shall be no visible outside storage of materials other than plant materials. b ` ° ' '' (6) The use shall not adversely affect the residential character of the neighborhood, nor infringe upon r .. z the right of neighboring residents to enjoy the peaceful occupancy of their homes. (7) There shall not be excessive generation of traffic created by the haste occupation, including frequent deliveries and pickups by trucks or other vehicles. t.: (8) The rental of separate living quarters within a single family residence shall be limited to not more i 5 4:.e. than one bedroom which shall not contain separate cooking facilities and which shall have a ea: maximum occupancy of two persons. 131° (9) The use is not prohibited or otherwise regulated by the Albany Municipal Code, AMC Article tom,. 7.84.140 pertaining to Garage Sales and AMC 7.84.150 pertaining to Prohibited Uses. L ' 16.030 Action Regarding Complaints and Violation of Standards. Home Occupations are subject to review by ; ty the Building Official or Albany Hearings Board. et, e. L9 (1) Complaints. Complaints may be originated by the City of Albany or the public. Complaints from 4. the public shall clearly state the objection to the Home Occupation such as: , (a) Generation of excessive traffic (b) Monopoly of on-street parking spaces. ; (c) Other offensive activities not compatible with a residential neighborhood. dcart.16 ,j, 02/19/9 t r - 16-1 Q x t ,• ;,, - . . . .'. . , e"):{ a. 1 M- u;+ ' i a � - s Z 1.,� as )Q 4; ,. . . , .1..;,... , ,.„,. 0 • .. 7 (2) Review of Complaints. Complaints shall be reviewed through one of two alternative procedures. -ii a The Community Development Director of the City of Albany shall make an initial determination II': •. concerning whether the complaint involves the violation of either subjective or objective standards. ,. If it is determined that standards in question are objective, the complaint shall be reviewied by the Building Official aced/or Fire Marshall Following the investigation, the Building Official shall 4 either approve the use as it exists,order ft to be terminated,or compel compatibility with the 4 neighborhood. If it is determined that the standard, alleged to be violated, is subjective in nature, the Community y~' `.A Development Director shall refer the complaint to the Hearings Board for review. Should the person against whom the complaint is made requests a hearing, the issue shall be deemed subjective and the matter shall be referred to the Hearings Board for review. (3) Cessation of Home Occupation Pending Review If it is determined by the Community Development Director, Fire Marshall, and/or Building Official in the exercise of reasonable discretion, that the Home Occupation in question will affect public health and safety, the use may - 'e be ordered to cease pending Hearings Board.review and/or exhaustion of all appeals, Violation of ' -;' i such an order shall be an infraction subject to the penalties set forth in Section 16.050 below, .a (4) Notice of Hearing. Written notice of the hearing, including its date, time, and place shalt be given to the property owner and the person undertaking the use, if other than the property owner, as well as property owners within 300 feet of the use, and the complainant(s), if any (5) Hearin s Board Review. The Hearings Board shall either approve the use as it exists, order it to be terminated, or compel suitable restrictions and conditions to ensure compatibility with the neighborhood. 16.040 Notice of Decision and Appeal. Written notice of the Building Official's or Hearings Board's decision , , + and associated findings shall be sent to the person undertaking the activity, the property owner(s) if.' a. different than the above, and persons participating in the above proceedings. ur The determination of the Building Official or Hearings Board shah become final within seven days ' `oat:- following receipt of th decision, unless appealed as per ADC Section 4.140. r g P @ Pg P ,, 16.050 Penalties: Non-compliance with the orders of the Community Development Director, Building Official, - or Hearings Board, as referred to above,are an infraction punishable as per AMC Section 1.04 01, which • provides for a maximum civil penalty of$500 per offense.. In addition, each violation of this Article shall 4 •• bear a minimum civil penalty of S50 per violation. The procedure for adjudication for infractions shall be as set forth at AMC Section 1.05. F °y. 16.060 Prohibited Uses. The following uses are prohibited as home occupations and are regulated by AMC Section 7.84.150: ii ni, (1) Auto body repair and painting. e. (2) Ongoing mechanical repair conducted outside of an entirely enclosed buildin g. — tail (3) Storage and/or distribution of toxic or flammable materials,and spray painting or spray finishing '• CD operations that involve toxic or flammable materials which in the judgement of the Fire Marshall -.al pose a dangerous risk is the residence, its occupants, and/or surrounding properties. (4) Junk and salvage operations. (5) Storage and/or sale of fireworks in quantities judged by the Fire Marshall to he dangerous. 02/19/90 a, 16-2 z v i 6 5 4:: • " HOME OCCUPATIONS a'... What is a Home Occupation? • Failure to pay the city business license when due. A home occupation is a business or commercial use conducted within a dwelling by its residents. • Violation of Uniform Building or Fire The home occu a . t . n ..+i.,c.,4. :•-the u codes, , . ' { a of dwell gar livin ses. A. Yr The Gresham Development Code classifies home What are the submittal requirements? ` .c occupations as either"Minor"or"Major," ,l: The following information and material must be minor home occupation does not include em- submitted by the applicant. Other materials may w ployees other than the residents of the dwelling be required in some cases. and does not generate additional pedestrian or ve- hicular traffic to the dwelling. CI Application,The application must be signed . by the property owner and the applicant for r „A�inajor home occupation may include not more the home occupation permit or authorized in E } ry • than one employee other than residents of the writing by the owner. dwelling and may generate up to eight (8) cus- 4 { tomer trips to the residence per. day. ® Application Pee. r A home occupation in the City of Gresham re- C3 Site Plan. Submit six(6)copies of a scaled quires a business license. plan on a sheet no larger than 18 x 24 and including at least one copy on a sheet that is ., 8-1/2 x 11 inches showing north, a scale, What dimensions and setbacks of existing struc- hat i�the review process? g 4 0 tures and development on the site,planned ' ' An application for a Minor home occupation.is improvements for the home occupation, • 5` k location of utilities, and adjoining streets �: ,' ' subject to Type I revew, j � g * '>n"in and rights of way. ' ,1 }' An application for a Major home occupation is '' subject to Type II review. 0 Narrative. Explain why the home occupa- tion complies with the applicable standards `i 2 summarized in the following table (Section tO What limits apply to a Home Occupation? 4. ) The Development Permit for a home occupation '-. P P , C.9 may be revoked at any time for the following: n w .a • Violation of any provision of the Gresham • '• Community Development Code. • Violation of any term or condition of the e r a f. Development Permit. "'�Dt:ye pment a Handbook , a:'3 �y 4 • STANDARDS FOR A HOME OCCUPATION ;, The following standards apply to both minor and major home occupations as specified in Sections 4.0620 and 4.0621 of the Coi mmnunity Development Code: • No signs shall be used indicating the existence of the home occupation. • No display or other evidence that will indicate the existence of the home occupation from public rights-of-way or abutting residences. t' • No change in the Uniform Building Code occupancy classification of the dwelling unit or any i a portion of the dwelling unit. QY :. • No more than 25%of the floor area of all structures on the lot or 1000 square feet,whichever is less,may be used in connection with a home occupation cr associated storage. • ::: • No outside storage of materials or equipment associated with the home occupation or storage of fianimable/hazardous materials. • No commercially-licensed vehicle in excess of 3/4 ton shall be utilized or parked at the dwelling in • 1 conre;on with the home occupation. The home occupation shall not generate noise,vibration,odors,heat or other impacts detectible „1-, beyond any property boundary The following aditionat standards apply only to minor home occupations: • No employees other than the residents of the dwelling. • + • The home occupation shall not generate pedestrian or vehicular traffic to the dwelling unit. One(1) delivery per week from commercial suppliers is allowed. - The following additional standards apply only to major home occupations: } • Not more than one(1)person in addition to the residents of the dwelling unit may be engaged in the s ;t home occupation at the dwelling. „ ti° • No more than eight(8)customers may enter the premises on a daily basis. et, , • No more than two(2)customers may enter the premises at any single time. • No customers may enter the premises between 10:00 p.m.and 8:00 a.m. of .e Development Handbook ` 56 5 June,1990 t' e- t` i Id-174 430-59 ort ;' ' A Ilel .port is area of 1`=nd, wate t r a stru- 1)4 e desi:.n ted f. the 1 tiding a : akeoff of hel icop -r. . Nel i orl may e -how ,: subje' to c.., ,pl .ante 1 a .1 Feder,1 d St. a rc lair 3'n's ..' ' incl gad r .g D .r no se co. trol regu '°tion. .for aeror r ut` s. Pe ,na ,. - use hel ... s' sht11' amply t. e requ . yr�-nts of ection . .- _. 430-63 ffere_0eciumation' A home occupation is a lawful activity commonly carried on within a * dwelling by a member or members of the family who occupy the dwelling, where the occupation is secondary to the use of the dwelling for living purposes and the residential character of the t L dwelling is maintained. ' 430-63.1 Home Occupation ('Type I) . A Type I home occupation shall: s'3 A. Require the applicant to obtain a permit which shall be renewed annually;; j .' G. Be operated entirely within the applicant's dwelling; C. Use not more than twenty-five (25) percent of the le floor area used for human occupancy (may include the basement); D. When located in a residential district, limit any external evidence of an occupation to one (I) • identification sign'not to exceed two (2) square feet in areas 4 E. Not •involve the use or storage of tractor trailers, L;; semi-trucks or heavy equipment such' as construction equipment"used in a business; F. Include no retail sales other than telephone sales; 0° G. •Involve fewer than six (6) customers daily entering ., the premises; Produce no noise or obnoxious odors, vibrations, glare, fumes, or electrical interference detectable v 03 to normal sensory perception outside the structure; +; I. Not require any additional parking. J. When located in a commercial or industrial a district, limit any external evidence of an occupation to one (I) identification sign,not to 4 '-4 exceed twenty (20) square feet in area. Y Revised 9/6/90 4 d lor IV-175 430-63.2 Home Occupations (Type II) A Type II Home Occupation shall: A. Require the applicant to obtain a permit which shall be renewed annually; U. Be operated entirely within a residential 7. structure or permitted accessory structure. :z Where a garage is used, additional off-street. - parking shall be provided in a manner not detracting from the character of the surrounding area; C. Area Al l owed for a Home Occupation (1) Inside the UGB (a) Use no more than twenty-five (25) percent of the floor area used for human occupancy (may include the basement); or (b) Use no more than four-hundred (400) square feet of allowed accessory structure. (2) Outside the UGB (a) Use no more than twenty-five (25) ee e percent of the floor area used for human occupancy (may include the 7 basement), or (b) Where an accessory building is used, other than storage of farm equipment or ' vehicles, the home occupation shall be limited to one-thousand (1000) square lr. feet. D. Require no remodeling of the exterior of the CL dwelling or the accessory structure which changes the residential character; r'! co E. When located in a residential district, limit any external evidence of an occupation to one (1) LID identification sign not to exceed two (2) square 1111 feet in area; F. When located in a corcial or industrial district, limit any external evidence ofan occupation to one (1) identification sign not to exceed twenty (20) feet in area. Revised 9/6/90 t o L 0 a . IV-1 76 _ r{ G Not involve the use or storage of heavy vehicles or heavy equipment or involve warehousing or distribution; i H. Involve no retail sales on the premises; I. Produce no noise or obnoxious odors, vibrations, glare, fumes or electrical interference detectable to normal sensory perception outside the structure; J. Involve fewer than ten (10) customers daily entering the premises; K. Employ no more than one (1) person in addition to y{ ; those who are permanent residents of the dwelling; and • ` ,'; L. Provide a plan for any additional parking ,: required which shall be approved if , (1) The residential character of the parcel is not changed; and (2) The parking area does not detract from the , visual appearance of the residence. 430-65 N,spital • ' A " sti ution p ,vidi health services, primarily for in- . p :-ients. and 4:.dical o 'ical care of si ° -d, ,;. �; i s cl ud i n. as n integral• p • ` of the insti ,IPPiniTuc i .elated facili =' a- laborator , oF_tpatient de ,:rtmen tai ing E' ' facil ie central s• v e f:. ilities -n.. stafr 'ffi es '1. 4...... 430 65.1 The minim .m ol sir sha ' be fift -,n-t: o sank `� (15,000) sq 1are f,e'l pl /s on- thou and . 1 00) square eet fo each b d o -r. fiftetAn (1 ) 4:0-65.2 inal of ize at s tbacks ,hal be d t' lin,. . , . Ihrou a.proval if :n over, `1 aster .l .n fo the Y: . fa- 1 •.spi al, grounds a ancil ary uses, n.ludi g ' ' p 'op sed uture a /a sion o` t e main :.u`ldin. and , #` sport u:es s 4"0 65.3 Th./y mini in side a shall twenty (.0) fe:t; '. 0 4=0-. .4 Th:' mini tin front ;n,' rear :ards shal th'rty (30) _a f'e 43 1-65.• ' e axi l i'um lot cove g all be f i y 0) percent, j 431-65.? The m xium sign area i be 1 t Ai: . Revised 9/6/90 _, .. —.,. . is t V r j .. . • ..., j .. . ;y `i a ..