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ZOA2003-00001 • • • A� 1 CITY OF TIOARD Community cDeve(opment Shaping Better Community LAND USE PROPOSAL DESCRIPTION 120 DAYS = N/A FILE NO.: ZONE ORDINANCE AMENDMENT (ZOA) 2003-00001 FILE TITLE: HOME OCCUPATIONS CODE AMENDMENT APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to allow no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under the Type I Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters from the Home Occupation Permit requirements. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: .Planning Goals 1 and 2; Comprehensive Plan Polcies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.742. CIT AREA: East/South/West/Central CIT FACILITATOR: List Available Upon Request COMMENTS SENT: MARCH 13, 2003 DUE: MARCH 27, 2003 DATE DLCD NOTICE WAS SENT: MARCH 4, 2003 (48 days prior to IS` hearing) DECISION MAKING BODY BELOW: ❑ TYPE I ❑TYPE II ❑ TYPE III IA TYPE IV ® PLANNING COMMISSION (MON.) DATE OF HEARING: APRIL 21, 2003 TIME:7:00 PM Z CITY COUNCIL (TUES.) DATE OF HEARING: MAY 13, 2003 TIME:7:30 PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION Z PROPOSED ORDINANCE/AMENDMENTS Z STAFF REPORT Z DLCD NOTICE Z VICINITY MAP ❑ SITE PLAN STAFF CONTACT: Morgan Tracy, AICP Associate Planner (503) 639-4171, Ext. 2428 • • PRE-APP.HELD BY: CITY OF TIGA;1f.'_:•t Pix.g Lr«ANNS -c A13125SW,HALL 6OULEVARD1 TtGRb U,.SF jjRD 9P7I 2PI2`S 3- 8189 b`36,394�1,t1 , r84c2; CITY OF TI __: OREGON ,. U S ...•P �`�- • D U E� ERMITAP:P; R�ICATIO:N File# 1-z042023- s1 I I uO ,2 I N By' p /A- 1 .Date Application Complete'• Date I 3I /03 I ,,. ...: . . . . • TYPE OF PERMIT YOU ARE APPLYING FOR ❑AdjustmentNariance (I or II) ❑ Minor Land Partition (II) ❑Zone Change (Ill) ❑Comprehensive Plan Amendment(IV) ❑ Planned Development(III) ❑Zone Change Annexation (IV) ❑Conditional Use(III) ❑Sensitive Lands Review(I, II or III) Eone Ordinance Amendment (IV) ❑ Historic Overlay(II or III) ❑ Site Development Review(II) ❑ Home Occupation (II) ❑ Subdivision (II or III) • • •. .'• - •••-• • • " • 1 ••ressi avaia•e lAX MAP& I AX LU I NUS. N/1 IUTAL SI I t SILL LUNIN(,i CLASSIFICAI ION N/4 APPLICANT* 61 arTi'o-ro Gc v►• frlo t.a,,1 ra .r. • . •111•• • a 1;/24 $U/ ju,ll Bovlev ej - PHONL NU. FAX NO. (S03)639— 61171 (So3 601/- 729 1140ryu-n icyi i4- ;a c 1,e. Planer- (03) 631-11171 26 •-•• - ' •" •1I •"••N• - • I- is more Ian one MAILING AUUKLSS/CI I Y/S I A I L/LIP PHONE NU. FAX NO. - *When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY(Please be specific) p �/ r/►6(ie, I ._ P'. ' •'u .i Cod' 6 r ; 8• Fy2 /t hoott oc&a. ,t, •r 2_ ' u •1- n-i ... . -. ,w .. i. 04. ! heel ' r w k Ada-f y . ,i4 • , v rPrJI Peeele • • APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED .SUBMITTAL ELEMENTS AS DESCRIBED IN THE"BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. • alt$ ,L oJI1 CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD, OREGON 13125 SW Hall Boulevard Tigard, Oregon 97223 (503)639-4171 Fax 684-7297 TO: Planning Commission Members FROM: Morgan Tracy, Associate Planner DATE: February 3, 2003 SUBJECT: General Discussion of Proposed Home Occupation Amendments At the November 18, 2002 worksession, the commission spent some time deliberating different options for amending the Home Occupation rules, and like staff, found that trying to set rules or exceptions usually resulted in undesired consequences. The commission identified the main issues: invasiveness of a business in a residential zone, privacy, noise,traffic, signage, compatibility; but struggled with developing standards that could be evenly applied that would address these issues. On one hand, the Commission agreed that Type I Home Occupations were the perfect neighbor, as they operated, in essence, invisibly. These include home offices, wholesalers, phone or internet oriented businesses, and personal services that perform their services off-site. In an effort to streamline the paperwork process for these Home Occupations, a suggestion was made that the permit requirement be dropped in favor of performance standards. In other words, a Type I business would still be required to apply for and receive a business tax, and part of that application would include a requirement that the applicant sign an acknowledgement statement listing the Type I standards (no employees, no customers, etc.) as well as the potential fines for non-compliance. To offset the cost of monitoring and enforcement, a $30 per business tax "Compliance Fee"would be proposed. The real difficulty comes from trying to sort the good Type II Home Occupation apples from the bad. For instance, a bookkeeper with a few clients a day typically has no greater impact than a resident with a lot of friends. But a hair salon with six clients a day every day will cause the neighbors to react negatively. A piano teacher may be okay with six (or maybe more) pupils, but a Tai Kwan Do studio, or drum instructor may not be. It depends largely on the business type and even more on the business proprietor. It's possible that a business that is completely out of compliance with our standards fits harmoniously into the neighborhood,while one that is in compliance is a constant headache for the neighbors. • • One solution would be to eliminate Type II Home Occupation permits altogether. That means no more businesses with external impacts, no employees, and no clients. For the bookkeeper, this adds the inconvenience of having to find an offsite location to meet clients. For other businesses, like the hair salon, it would mean that the business could not operate in a residential zone. Another possibility would be to remove Type II Home Occupations and make them subject to a Type Ill process as a conditional use. This would allow for additional discretion, as well as a public forum for neighbors to express their concerns. This also means that they may be more contentious, more time consuming to process, and therefore more expensive and complicated to apply. Below, are some ideas for developing additional standards for Type I and Type II HOP's: Possible Type I Options: 1. No Change. - Leave Type I HOP's as they are now in the code. 2. Eliminate the permitting requirement - Remove Type I permits, but retain the rules and requiring a business tax be paid. Applicants would sign an acknowledgement on their business tax form that they will abide by the HOP rules as set forth in the code. A code compliance fee would offset the loss of revenue. 3. Expand the list of prohibited businesses. - For example, all engine repair, landscaping business, metal machining, pet sitting on-site 4. Make City standards consistent with the Urban Services Area standards: - Outside storage of inventory, refuse, equipment, vehicles, or other items associated with the home occupation is prohibited. - Distribution of materials or sales of any kind from the property where the home occupation is located is prohibited. 5. Add new standards - Vehicles marked with business identification (name, number, logo, etc.), or vehicles that require a Commercial Driver's license, shall be housed in a garage or screened behind a minimum 6 foot tall solid fence. - Group meetings for the purpose of conducting business or sponsored by a business are prohibited (i.e. Tupperware Parties, Herbalife Meetings) -Assembly of employees at residence for off site work is prohibited (e.g. contractors, landscapers, cleaning services). 6. Add a new allowance - To address the piano teacher issue, we could allow (some number, say 2) students per day, visiting at separate times under the Type I permit, that is if we eliminate Type II HOP's. Events like recitals would have to be conducted at a different location. • • Possible Type II Options: 1. No Change - Leave Type II HOP's as they are now in the code. 2. Remove Type ll HOP's -Completely eliminate Type II HOP's 3. Community Based Approval Standards - Require a majority of the abutting property owners to sign off on the applicant's proposal. This could allow an applicant to create their own limits in terms of employees, number of customers, hours of operation, signage, etc. Some basic limits would still need to be imposed to prevent a strictly commercial operation from opening in a residential zone. It also reinforces that the neighbors are watching and control the fate of the operation. If an applicant cannot convince the neighbors, a Type I permit is a non discretionary option (but much more limited). - Require reconfirmation on an annual basis. This is meant to address those businesses that "outgrow their britches". In other words, they may start as a non-descript casual business with a couple of clients a week. But as they grow more successful, there are more clients, perhaps the addition of an employee, some signs start showing up, etc. This could either be done by requiring reapplication every year or by some more simplified process. The intent would be to send notice to the neighbors to identify any problem areas that have developed with the business and allow the applicant an opportunity to propose measures to address the issue. If a repeat problem cannot be resolved, the HOP would not be approved. 4. Alternate or additional standards - Staff has attempted to develop standards for Type II HOP's with little success. The present standards perhaps don't fit every business need, like piano teachers, but have generally worked well in limiting potential impacts to neighbors. By expanding allowances for particular types of uses, there is the risk that unforeseen impacts or problems are created. Some ideas that have previously been presented include: 1) Add an exemption for educational instructors from HOP rules. 2) Amend the code to allow increased or unlimited number of clients. 3) Amend the code to exempt pupils from the customer limit. 4) Make Type II HOP permits subject to public hearing process 5) Create a third tier of HOP's 6) Add an expiration timeframe • • • n CITY OF TIGARD MEMORANDUM Community Development Shaping A Better CITY OF TIGARD, OREGON community 13125 SW Hall Boulevard Tigard, Oregon 97223 (503)639-4171 Fax 684-7297 TO: Planning Commission Members FROM: Morgan Tracy, Associate Planner DATE: November 4, 2002 SUBJECT: Overview of Home Occupation Amendment Issues In September of 2000, the City Council directed staff to examine the present Home Occupation rules to determine whether changes to the ordinance were in order. The request was the result of Sherrene Walker, a piano teacher who wished to give lessons from her home. Ms. Walker proposed having up to 15 students a day, beginning before school hours, with an occasional small gathering recital. Under present requirements, a Type II Home Occupation Permit would be required, but only allows up to six (6) clients per day, between the hours of 8:00 AM and 10:00 PM. Staff has been unable to schedule work on this issue until recently. A number of home-based business applicants have expressed that the current HOP rules are too limiting, and that they would prefer more flexibility based on the site characteristics, and the particular business operation. Conversely, the City has also fielded complaints from neighbors of existing home based businesses, and concerns from neighbors of proposed Type II home businesses with regard to impacts on privacy, noise, parking and storage problems. Most recently, a proposed hair salon received much publicity, due in large part to the concerns of the nearby neighbors. Staff found that the salon met the standards for a Type II home occupation permit, but the decision was appealed to the Hearings Officer by the neighbors in opposition. The Hearings Officer agreed that the standards for a Type II HOP had been met with the imposition of several conditions of approval. Clearly, there are two sides to this issue, depending whether you are the business proprietor or the next door neighbor. However, the large majority of home based businesses go either unnoticed or do not conflict with the peaceful enjoyment of the neighborhood. The City records indicate that since 1989 there have been 1,604 Home Occupation permits issued. Our code enforcement staff believes there are many more unpermitted home businesses; although the • • exact number is unknown as the businesses that do not generate complaints are not typically investigated. The question before the Commission is whether certain changes to the Home Occupation Standards are warranted. Staff believes that the present standards strike an even balance between the needs of business owners who wish to operate from their home and the concerns of residents who wish to protect the residential character of their neighborhoods. A Comparison of Home Occupation Types: Type I Type ll Number of deliveries 3 per week 3 per week Size Limitation 25% of dwelling or 528 s.f. 25% of dwelling or 528 s.f. Prohibited Uses •Auto body repair& painting •Auto body repair & painting *Mechanical repair (outdoors) *Mechanical repair (outdoors) •Junk and salvage operations •Junk and salvage operations •Storage/sale of fireworks •Storage/sale of fireworks Heavy Vehicle Limitation Up to one %-ton comm vehicle Up to one 3h-ton comm vehicle Parking Limitation No more than typical for house No more than typical for house Storage Limitation No outside storage, No Screened, may not exceed 5% flammables of lot area, no flammables Non-resident Employees None One Exterior Signs None One 1.5 s.f. wall or window sign Clients or Customers None Up to 6 per day Hours of Operation N/A 8:00 AM to 10:00 PM Note: In the Urban Services Area, additional more restrictive Home Occupation standards apply which follow Washington County's requirements. These were imposed as a result of feedback during the original IGA discussions for the Urb. The additional standards (applicable to both HOP types) include: 1) outside storage of inventory, equipment, vehicles, or other items associated with the home occupation is prohibited; 2) distribution of materials or sales of any kind outside of the home and structures accessory to the • home is prohibited; and 3) parking of a commercial vehicle used as part of the home occupation, including a truck or fifth wheel, tractor or trailer of any kind is prohibited. Possible Alternatives: 1) Add an exemption for educational instructors from HOP rules. 2) Amend the code to allow increased or unlimited number of clients. 3) Amend the code to exempt pupils from the customer limit. 4) Maintain standards for Type I HOP's but remove the permit requirement. 5) Make Type II HOP permits subject to public hearing process 6) Create a third tier of HOP's 7) Remove the Impact Study requirement for Type II HOPs. 8) Add an expiration timeframe Procedural Obstacles: The arrangement with Washington County with regard to the Urban Services Area creates an issue every time the city amends its development code. The county must adopt these changes independently as part of the amendments to the Intergovernmental Agreement. Additionally, • • Ballot Measure 56 requires individual notification to all properties that are affected by a code change, provided the change results in a further limitation of property uses or development. Within the City of Tigard there are approximately 13,000 residential parcels. The cost for mailing the notice (excluding costs for preparing and printing) only within the City would be approximately $5,000-$6,000. In the Urb, there are approximately 3,000 parcels with an added mailing cost of roughly $1,300. Other Considerations: When the issue regarding the piano teacher was first raised, there was consideration given to forming a Task Force to examine the matter. A question for the commission to consider is whether such a community involvement step is necessary or whether the commission would solicit input at work sessions and public hearings. • • • DRAFT• ZOA2003-00001 • HOME OCCUPATION AMENDMENT PROPOSED 'DEVELOPMENT CODE TEXT CHANGES • ADDITIONS: Indicated by UNDERLINE&6HA ID G DELETIONS: Indicated by STRIKETHRU Home Occupations 18.742-1 11/26/98 Chapter 18.742 HOME OCCUPATIONS Sections: 18.742.010 Purpose • 18.742.020 Applicability and Exemptions • • 18.742.030 Nonconforming Uses 18.742.040 General Approval Criteria and Standards • 18.742.050 Type I and Type II Home Occupations Defined • 18.742.060 Permit Procedures for Type I and Type II Home Occupations 18.742.070 Revocation and Expiration of Home Occupation Permits 18.742.080 Business Tax Certificate Required • 18.742.010 Purpose A. Purposes. It is the purpose of this chapter to: 1. Permit residents an opportunity to use their homes to engage in small-scale business ventures which could not be sustained if it were necessary to lease commercial quarters, or because the nature of the activity would make it impractical to expand to a full-scale enterprise; and 2. Establish approval criteria and standards to ensure that home occupations are conducted as lawful uses which are subordinate to the residential use of the property and are conducted in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties and residents. _ _ _ y.....iq.,�_..-_;.;?�L:r� k�SS;�i'�"'i-'ss'-..' .e'?�3�'„'•%=�`''p`�:s?Faa`r?�'..,xa.cy°"�xc��'.�b.,�.,.g„.+�ry��$'..`:r`"�.-' '..'�'"".�a.^-,�.�, .�¢�,. "<,'. :°:., 5:?�i r vel.<rd� nrs" 3_ Encouraa. elecommut n to r iiiiigtraffic�.congesti riW tat vehicle m les t o e ; a d a N olliit on and to incraase rfe sLfifihe ne ghbochoods by ma nta ning a p eaence du ng the workday: 18.742.020 Applicability and Exemptions A. Compliance with this chapter. No person shall carry on a home occupation, or permit such use to occur on property which that person owns or is in lawful control of, contrary to the provisions of this chapter. • •• • • - A.b. .e. FT B. Exemptions. Exemptions from the provisions of this chapter are: 1. Garage sales; 2. For-profit production of produce or other food products grown on the premises. This may include temporary or seasonal sale of produce or other food products grown on the premises. Farming activities shall be consistent with the definition of agriculture/horticulture contained in Chapter 18.130, Use Classifications; 3. Hobbies which do not result in payment to those engaged in such activity; 4. Proven nonconforming home occupations as per Section 18.742.030. m _ 5 Persons-wo"rkiny'#rom'a ome"by.fhe use of an.electronic'linkup"with a"cent-al off-site office (i e=telecommuters): 18.742.030 Nonconforming Uses A. Nonconforming home occupations. On-going home occupations may be granted nonconforming status provided that they were: 1. Permitted under County authority prior to annexation to the City and have been in continuous operation since initial approval; 2. Permitted under City authority prior to 1983 and have since been in continuous operation. B. Governing regulations. Nonconforming home occupations will be regulated as a nonconforming situation, per the following: 1. A nonconforming situation is further governed by Chapter 18.760, Nonconforming Situations. Such use may continue until the use is expanded or altered so as to increase the level of non- compliance with this title; 2. The burden of proving a home occupation's nonconforming status rests with the property owner or tenant. C. Violations. Home occupations without City or County approval which cannot prove nonconforming status shall be considered in violation of this chapter and shall cease until the appropriate approvals - have been granted. 18.742.040 General Approval Criteria and Standards A. General criteria. All home occupations except those that have proven nonconforming status shall observe the following criteria in addition to the standards established for Type I and Type II Uses described in Section 18.745.050 of this chapter. 1. Home occupations may be undertaken only by the principal occupant(s) of a residential property; 2. There shall be no more than three deliveries per week to the residence by suppliers; 3. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the operation. Home occupations shall observe the provisions of Chapter 18.725, Environmental Performance Standards; 4. The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure. The total area which may be used in the accessory building for either material product storage and/or the business activity shall not exceed 528 square feet. Otherwise, the home occupation and associated storage of materials and products shall not occupy more than 25% of the combined residence and accessory structure gross floor area, but in no case shall the portion of the home occupation occupying the accessory use exceed 528 feet. The indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building, fire, health and housing codes; " • • 1. 4114!t.. _.‘T 5. A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit. Any accessory building that is used must meet Uniform Building Code requirements; 6. More than one business activity constituting two or more home occupations shall be allowed on one property only if the combined floor space of the business activities does not exceed the limitation of space imposed in Section 4 above. Each home occupation shall apply for a separate home occupation permit, if required as per this chapter, and each shall also have separate Business Tax Certificates; ' 7. There shall be no storage and/or distribution of toxic or flammable materials, and spray painting or spray finishing operations that involve toxic or flammable materials which in the judgment of the Fire Marshal pose a dangerous risk to the residence, its occupants, and/or surrounding properties. Those individuals which are engaged in home occupations shall make available to the Fire Marshal for review the Material Safety Data Sheets which pertain to all potentially toxic and/or flammable materials associated with the use. 8. No home occupation shall require any on or off-street parking other than that normally required for a residence; 9. The following uses are not allowed as home occupations: a. Auto-body repair and painting; b. On-going mechanical repair conducted outside of an entirely-enclosed building; c. Junk and salvage operations; d. Storage and/or sale of fireworks. 10.There shall be no exterior storage of vehicles of any kind used for the business except that one commercially licensed vehicle of not more than three-quarters ton gross vehicle weight (GVW) may be parked outside of a structure or screened area. 18.742.050 Type ! and Type II Home Occupations Defined A. Type I and II home occupations defined. Home occupations shall be administered as either Type I or Type II uses. A separate home occupation permit and/or fee is required for each property on which a Type II home occupation is undertaken. In addition to the general criteria outlined in Section 18.742.040, home occupations shall observe the following additional standards: 1. Type I Home Occupations: The following characteristics of a Type I home occupation shall be prohibited: a. Outside volunteers or employees to be engaged in the business activity other than the persons principally residing on the premises; b. Exterior signs which identifies the property,as a business location; `---•7..�1�.�a��......,.,.u� T;:ter- ,r..., —Yom-. A.;_•_-;;,'"' c. No:anore than fiveKweekly-(Monda`/tciSunday)clients or customers. R;Customers°arid.clierits'shall notwis'it tfie.bu'smess-between°the hour"s.of 8:00°PM and'8:00;AM J d. Exterior storage of materials. 2. Type II Home Occupations: Property on which a Type II home occupation is located may show evidence that a business is being conducted from the premises. Therefore the following is allowed for Type II home occupations: a. One non-illuminated sign, not exceeding 1.5 square feet, which shall be attached to the residence or accessory structure or placed in a window; b. No more than one outside volunteer or employee who is not a principal resident of the premises; • ' • , '_ c. No more than six daily customers or clients. Customers and clients may not visit the business between the hours of 10:00 PM and 8:00 AM and shall not generate excessive traffic or monopolize on-street parking; d. Storage of materials, goods, and equipment which is screened entirely from view by a solid fence. Storage shall not exceed five percent of the total lot area and shall not occur within the front yard or the required side yard setback. 18.742.060 Permit Procedures for Type I and Type II Home Occupations A. Type I home occupation permit. A Type I home occupation permit will be processed by means of a Type I procedure, as governed by Section 18.390.030, after a demonstration that the proposal complies with all development criteria in Sections 18.742.040A and 18.742.050 Al. B. Type II home occupation permit. A Type II home occupation permit will be processed by means of a Type II procedure, as governed by Section 18.390.040, after a demonstration that the proposal complies with all development criteria in Sections 18.742.040A and 18.742.050 A2. and subject to the following approval criteria: 1. Is in conformance with the standards contained in this chapter; and 2. Will be subordinate to the residential use of the property; and 3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or operation to neighboring properties and residents. C. Conditions of approval. The Director may impose conditions upon the approval of a Type II home occupation permit to ensure compliance with the requirements of this chapter. These conditions may include, but are not limited to, the following: • 1. Further limiting the hours, days, place and manner of operation; 2. Requiring site and building design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and dust; 3. Requiring additional building setbacks, and increased lot area, depth or width; 4. Further limiting the building area and outdoor storage used by the home occupation and restricting the location of the use on the site in relationship to adjoining uses; 5. Designating the size, number, location and design of vehicle access points; 6. Requiring street right-of-way to be free at all times of vehicles associated with the home occupation; 7. Requiring landscaping, buffering and/or screening, of the home occupation from adjoining uses and establishing standards for the continued maintenance of these improvements; 8. Requiring storm drainage improvements, and surfacing of parking and loading areas; 9. Limiting the extent and type of interior or exterior building remodeling necessary to accommodate the home occupation; 10.Limiting or setting standards for the location and intensity of outdoor lighting; 11.Requiring and designating the size, height and location of fences and materials used for their construction; 12.Requiring the protection and preservation of existing trees, and other vegetation, watercourses, slopes, wildlife habitat areas and drainage areas; 13.Limiting the type and number of vehicles or equipment to be parked or stored on the site; and 14.Any other limitations which the Director considers to be necessary or desirable to make the use comply with the purposes stated in Sections .18.745.040 and 18.742.050. ", FT j ' . 7 18.742.070 Revocation and Expiration of Home Occupation Permits A. Grounds for revocation. The Director may: 1. Revoke a home occupation approval if the conditions of approval have not been or are not being complied with and the home occupation is otherwise being conducted in a manner contrary to this chapter. 2. The Director shall approve the use as it exists, revoke the home occupation permit, or compel measures to be taken to ensure compatibility with the neighborhood and conformance with this chapter after reviewing a complaint. Complaints may be originated by the City of Tigard or the public. Complaints from the public shall clearly state the objection to the home occupation, such as: a. Generation of excessive traffic; b. Exclusive use of on-street parking spaces; c. Other offensive activities not compatible with a residential neighborhood. B. Cessation of home occupation pending review. If it is determined by the Director in exercise of reasonable discretion, that the home occupation in question will affect public health and safety, the use may be ordered to cease pending Hearings Officer review and/or exhaustion of all appeals. C. Waiting period for re-application. When a home occupation permit has been revoked due to violation of these standards, a minimum period of one year shall elapse before another application for a home occupation on the subject parcel will be considered. D. Invalidation of permit. A home occupation permit shall become invalid if the applicant moves his or her residence. 18.742.080 Business Tax Certificate Required A. Granting of business tax certificate. No business tax certificate will be issued for a home occupation until: 1. The person wishing to engage in a Type I home occupation pays the one-time review fee and agrees to comply with the provisions of this chapter; or 2. The applicant for a Type II home occupation has been approved and the application certifies that the home occupation will be operated in strict compliance with the provisions of this chapter and the conditions of approval. Miscellaneous Permits 18.385-3 11/26/98 18.385.020 Home Occupation Permits A. Type I home occupation permit. A Type I home occupation permit will be processed by means of a Type I procedure, as governed by Section 18.390.030, after a demonstration that the proposal complies with all development criteria in Sections 18.742.040A and 18.742.050 Al. B. Type II home occupation permit. A Type II home occupation permit will be processed by means of a Type II procedure, as governed by Section 18.390.040, after a demonstration that the proposal complies with all development criteria in Sections 18.742.040A and 18.742.050 A2. and subject to the following approval criteria: 1. Is in conformance with the standards contained in this chapter; and 2. Will be subordinate to the residential use of the property; and 3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or operation to neighboring properties and residents. • • C. Conditions of approval. The Director may impose conditions upon the approval of a Type II home occupation permit to ensure compliance with the requirements of this chapter. These conditions may include, but are not limited to, the following: 1. Further limiting the hours, days, place and manner of operation; 2. Requiring site and building design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and dust; 3. Requiring additional building setbacks, and increased lot area, depth or width; 4. Further limiting the building area and outdoor storage used by the home occupation and restricting the location of the use on the site in relationship to adjoining uses; 5. Designating the size, number, location and design of vehicle access points; 6. Requiring street right-of-way to be free at all times of vehicles associated with the home occupation; 7. Requiring landscaping, buffering and/or screening, of the home occupation from adjoining uses and establishing standards for the continued maintenance of these improvements; 8. Requiring storm drainage improvements, and surfacing of parking and loading areas; 9. Limiting the extent and type of interior or exterior building remodeling necessary to accommodate the home occupation; 10.Limiting or setting standards for the location and intensity of outdoor lighting; 11.Requiring and designating the size, height and location of fences and materials used for their construction; 12.Requiring the protection and preservation of existing trees, and other vegetation, watercourses, slopes, wildlife habitat areas and drainage areas; 13.Limiting the type and number of vehicles or equipment to be parked or stored on the site; and 14.Any other limitations which the Director considers to be necessary or desirable to make the use comply with the purposes stated in Sections 18.745.040 and 18.742.050. D. Grounds for revocation. The Director may: 1. Revoke a home occupation approval if the conditions of approval have not been or are not being complied with and the home occupation is otherwise being conducted in a manner contrary to this chapter. 2. The Director shall approve the use as it exists, revoke the home occupation permit, or compel measures to be taken to ensure compatibility with the neighborhood and conformance with this chapter after reviewing a complaint. Complaints may be originated by the City of Tigard or the public. Complaints from the public shall clearly state the objection to the home occupation, such as: a. Generation of excessive traffic; b. Exclusive use of on-street parking spaces; c. Other offensive activities hot compatible with a residential neighborhood. E. Cessation of home occupation pending review If it is determined by the Director in exercise of reasonable discretion, that the home occupation in question will affect public health and safety, the • use may be ordered to cease pending Hearings Officer review and/or exhaustion of all appeals. F. Waiting period for re-application. When a home occupation permit has been revoked due to violation of these standards, a minimum period of one year shall elapse before another application for a home occupation on the subject parcel will be considered. G. Invalidation of permit. A home occupation permit shall become invalid if the applicant moves his or her residence. • • • NOTE TO THE FILE DATE: May 2003 FROM: Patty Lunsford, Planning Assistant RE: Abandonment of ZOA2003-00001 FILE REF.: ZOA2003-00001/Home Occupations Code Amendment HISTORY: The Planning Commission held a worksession to discuss proposed exemptions for telecommuters, and tried to find a way to allow the little old piano teacher, while excluding other big bad dance and band teachers. Staff was at an impasse based on equal protection issues of the 14th Amendment to the US Constitution and not to mention that telecommuters are not currently required to get an HOP. There was an equal split over loosening the Type I standards to allow a single outside employee or tightening the Type II to basically function like a Type I. The Planning Commission and staff left with their hands in the air. The recommendation by the Planning Manager is that this amendment be abandoned. h:\patty\masters\noteto.mst • • a- -��RE SED 'r .j: Y,. I .rte., - .k.. City of Tigard Community Dadopment TIGARD PLANNING COMMISSION Shaping BetterCarnaozity APRIL 21, 2003 7:00 p.m. TIGARD CIVIC CENTER — TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 - 1. CALL TO ORDER 2. ROLL CALL 3. COMMUNICATIONS 4. APPROVE MINUTES 5. PUBLIC HEARINGS 5.1 ZONE ORDINANCE AMENDMENT (ZOA) 2003-00001 HOME OCCUPATIONS CODE AMENDMENT REQUEST: To amend the H ome Occupation requirements within the Tigard Development Code to allow no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under the Type I Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters from the Home Occupation Permit requirements. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.742. 5.2 AMENDMENTS TO THE FY 2002-03 CIP BUDGET Bonita Road Reconstruction Project Bonita Road is a collector street that carries over 12,000 vehicles per day. A visual inspection, confirmed by geotechnical investigation of the street structural section, indicates that the segment between Hall Boulevard and Fanno Creek Bridge needs to be reconstructed as soon as possible. This request to Planning Commission is to add the Bonita Road Project and delete a project in the FY 2002-03 CIP to reconstruct North Dakota Street (Greenburg Road to 95th Avenue). Bonita Road carries significantly more traffic than North Dakota Street (a neighborhood route) and the need for reconstruction is more pressing. There would be no change in the overall FY 2002-03 CIP Budget amount. The North Dakota Street project would be rescheduled for implementation in a future fiscal year. (OVER) S Separation of the Hall Boulevard/Wall Street Intersection and Approaches Project from the Proposed Wall Street LID (Local Improvement District) Wall Street is a new collector street identified in the Tigard Transportation System Plan. It was added in 2002 to the Countywide Traffic Impact Fee Base Report as a TIF-eligible facility. The design of Wall Street from its intersection with Hall Boulevard to its intersection with Hunziker Street is funded in the FY 2002-03 CIP under the Wall Street LID Fund. An amount of$300,000 in TIF funding is available under that fund for engineering design costs. This amendment would separate the Hall Boulevard/Wall Street intersection and approaches from the proposed LID so that it could be designed and constructed as a City project. The new Library Project and the Fanno Pointe Project (immediately south of the new Library site) are two developments currently underway. It would be desirable for both developments to have one common access point to Hall Boulevard along the selected Wall Street alignment. The intersection project would widen Hall Boulevard along the Library and Fanno Pointe frontages and construct a segment of Wall Street long enough to provide a common access point to Hall for the two development projects. The extension of Wall Street from that segment to connect to Hunziker Street would remain under the proposed Wall Street LID project. That segment would be constructed only if the LID is successfully formed and permits are obtained to cross the wetlands, Fanno Creek, and the existing railroad tracks. There would be no change in the overall FY 2002-03 CIP Budget amount. A new project would be created to cover the Hall Boulevard/Wall Street intersection and approaches. The $300,000. available in TIF funds for engineering design costs under the Wall Street LID Fund would be reallocated as follows: Hall Boulevard/Wall Street Intersection and Approaches- $200,000 (TIF Fund) Wall Street LID - $100,000 (TIF Fund) The TIF amount allocated for the intersection project would be sufficient to complete the design work in FY 2002-03. Construction funding for the intersection and approaches would be requested under the FY 2003-04 CIP. 6. FANNO CREEK PARK EXPANSION MASTER PLAN The City hired Murase Associates, Landscape Planners, to develop a park master plan for the 9.7 acre expansion project adjacent to the new library site. The plan will focus on the site's sensitivities, natural areas, wetlands, open spaces, trails, and educational and recreational programmatic uses. 7. OTHER BUSINESS 8. ADJOURNMENT • • Agenda Item: • I Hearing Date: April 22,2002 Time: 7:30 PM STAFF REPORT TO THE. • PLANNING:COMMISSION ,.; CIIY OF TIOARD.'.. ,.. ,:.., _ .. ..... ._. °COtt1)tUtt2tyDCUC�7fttCttt FOR THE CITY:OF TIGARD OREGON *ping A Better Community; SECTION I. APPLICATION SUMMARY CASE NAME: HOME OCCUPATION CHANGES TO ALLOW LIMITED CUSTOMERS AND ACKNOWLEDGE TELECOMMUTING CASE NO.: Zone Ordinance Amendment (ZOA) ZOA2003-00001 _ PROPOSAL: To amend the Planned Development requirements within the Tigard Development Code to allow a limited number of customers under the Type I Home Occupation Rules and add language to acknowledge the benefits of telecommuting. APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall boulevard Tigard, OR 97223 • ZONE: N/A. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.765; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, and 2.1.3; The Metro 2040 Plan; and Statewide Planning Goals 1, 2, 5, and 10. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission discuss the proposed amendments and make revisions as determined through :.the . public hearing process,' then- make .a 'final recommendation to the Tigard City Council. ZOA2003-00001 PAGE 1 OF 8 4/21/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • SECTION III. BACKGROUND INFORMATION The City Council directed staff to examine the present Home Occupation rules to determine whether changes to. the ordinance were in order. The request was the result of.Sherrene Walker, a piano teacher who wished to give lessons from her home. Ms. Walker proposed having up to 15 students a day, beginning before school hours, with an occasional small gathering recital. Under present requirements, a Type II Home Occupation Permit would be required, but only allows up to six (6) clients per day, between the hours of 8:00 AM and 10:00 PM. A number of home-based business applicants have expressed that the current HOP rules are too limiting, and that they would prefer more flexibility based on the site characteristics, and the particular business operation. Conversely, the City has also fielded complaints from neighbors of existing home based businesses, and concerns from neighbors of proposed Type II home businesses with regard to impacts on privacy, noise, parking and storage problems. Most recently, a proposed hair salon received much publicity, due in large part to the concerns of the nearby neighbors. Staff found that the salon met the standards for a Type II home occupation permit, but the decision was appealed to the Hearings Officer by the neighbors in opposition. The Hearings Officer agreed that the standards for a Type II HOP had been met with the imposition of several conditions of approval. Staff met with the Planning Commission during two separate worksessions (November 18, 2002, and February 3, 2003) to discuss various options to amend the home occupation rules. The Commission realized the difficulty in developing standards aimed at curbing "problem" type businesses. In developing these restrictions, other more residentially compatible type businesses would be hampered. Conversely, by creating additional allowances, more opportunities existed for problem businesses to exploit loopholes. The commission's consensus from those meetings was that relaxing the rules for a Type II Home Occupation would overall have detrimental impacts to the surrounding neighbors. The discussion then extended to Type I Home Occupations. The Commission noted that there were a number of businesses with infrequent customer contacts and virtually no external indications of a business activity, that shouldn't have to go through the lengthy and costly process required for Type II Home Occupation approval. These include businesses that are primarily paperwork related such as accountants, attorneys, and architects. Instead, the commission felt some minor revisions to allow a limited number of customers for Type l's should be considered to simplify the approval process for these generally non-impacting businesses. At the same time, the issue of telecommuters was raised. Are these people required to have a home occupation permit? The code was not clear, although it has been the practice not to require a home occupation permit if someone is employed by a separate office, as they are doing business through an off site establishment, and not "from" their homes. Nevertheless, the Commission felt that the definition of a telecommuter should be clarified and an explicit exemption provided for telecommuters placed in the code. Additionally, the benefits of telecommuting on the community should be reflected in the purpose statement of the code. ZOA2003-00001 PAGE 2 OF 8 4/21/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • This report reflects those discussions, and proposes suggested code language. SECTION IV. SUMMARY OF APPLICABLE CRITERIA 'Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: The Statewide Planning Goals and Guidelines adopted under Oregon Revised • Statutes Chapter 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1 — Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice has been published in the Tigard Times Newspaper prior to the public hearing. As the proposed changes represent a lesser restriction to allowable uses than what presently exists, no Ballot Measure 56 specific notice was required. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. The City CIT members were also notified of the proposed changes. Statewide Planning Goal 2 — Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. Any applicable Metro regulations; Title 1: (Metro code 3.07.110-3.07.170) Requirements for Housing and Employment Accommodation The Home Occupation provisions are not a consideration for Metro's calculation of employment density. Alteration of the rules governing home occupations will therefore not affect compliance with Metro's Code and Functional Plan. ZOA2003-00001 PAGE 3 OF 8 4/21/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • • • Applicable Comprehensive Plan Policies: Comprehensive Plan Policy 1.1.1: This policy states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and the Regional Plan. Comprehensive Plan Policy 2.1.1: This policy states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the • planning process. This policy is satisfied because notice of the proposed amendment was mailed to all Citizen Involvement Team (CIT) Members and the amendment was announced at a regular monthly Focus on Tigard (formerly CIT) meeting. Notice was published in the Tigard Times of the Public Hearing and notice will be published again prior to the City Council public hearing. Public input has been invited in the notice. Comprehensive Plan Policy 2.1.2 and 2.1.3: In pertinent part, this policy states that the Citizen Involvement Team program and the Citizen Involvement Team Facilitators shall serve as the primary means for citizen involvement in land use planning. Policy 2.1.3 states that information on land use planning issues shall be available in understandable form. These policies were satisfied because notice of the proposed amendment was mailed to all Citizen Involvement Team (CIT) Members and the amendment was announced at a regular monthly CIT meeting. The written notices were written in plain understandable form, and included phone numbers and a contact person for anyone who may have questions. • Any applicable provision of the City's implementing ordinances. Code Section 18.742: This chapter establishes procedures and criteria for establishing a Home Occupation business within a residence. The purpose of this chapter is to permit residents an opportunity to use their homes to engage in small scale business ventures which could not be sustained if they had to lease commercial space. This chapter also serves to establish standards to ensure that home occupations are conducted lawfully and subordinate to the residential use of the property and are conducted in a manner that is not detrimental or disruptive to neighboring properties or residents. The proposed amendment will not affect the ability for residents to utilize their homes to engage in small scale ventures. Staff, however, has concerns that the proposed allowance for clients visiting the residence under the Type I Home Occupation permit may be disruptive to neighboring properties or residents. This is discussed further under the Staff Analysis section, below. ZOA2003-00001 PAGE 4 OF 8 4/21/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • • • Code Section 18.380: This section regulates amendments. It outlines the process for reviewing Development Code Text Amendments. The present amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. Code Section 18.390: This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. SECTION V. STAFF ANALYSIS The proposed amendments do add greater flexibility for the small business operator who has very few client contacts. The intention of this allowance is to enable a bookkeeper, accountant, or other predominantly paperwork orientated business to have an occasional client over to sign papers, or for brief consultations. Presently, even this occasional visit would require the proprietor receive approval of a full-blown Type II Home Occupation permit, complete with a 5-6 week review, public notification, and $215 fee. With these revisions, a simple Type I permit process, issued over the counter for a $30 fee is all that would be required. Secondly, the proposal offers an exemption to those people who work for a business, but do so from their homes. The code is presently silent on whether or not these people, commonly referred to as telecommuters, require a home occupation permit. While it has not been the practice to require telecommuters to obtain a Home Occupation permit, since it is not explicit in the code, there remains the potential that the practice may change over time. In general, if someone files their taxes using the home address, then they are required to have a Home Occupation Permit, otherwise, if the business address for tax purposes is elsewhere, then its assumed they are telecommuting. Staff agrees that telecommuting is generally a positive contribution to the city as it reduces the demand on our city streets, saves fuel and reduces pollution, and provides a more constant presence in our neighborhoods to monitor and report illegal activity. The difficulty with these proposed changes is constructing definitions that are broad enough to cover the various types of businesses that have infrequent needs for customer visits as well as telecommuters, but narrow enough that the provisions won't be exploited. Also, there are concerns related to the feasibility of enforcing some of the proposed revisions, as they pertain to number of visits permitted per a week long period. This would require that if a complaint were filed, the enforcement staff would have to maintain a record of the number of visits during a whole week to see if more than five business related clients showed up at the house. How does one distinguish a business related visit from a personal visit? Under the present guidelines, the enforcement staff need only confirm one visitor as a business customer to realize that a violation of the rules has occurred. By introducing an allowance for a limited number of clients to the residence, the tendency for the business to continue growing beyond the limitation will not be in check. Since Type I permits are issued without notice or opportunity for an appeal, the neighbors will not be aware of the fact that a ZOA2003-00001 PAGE 5 OF 8 4/21/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • • business is being conducted, but will notice an increase in traffic and activity at the house. If they are not aware that there are rules limiting the extent of the business visits, they might not be inclined or know to file their complaints with the City. As for the proposed exemption for telecommuters, while staff agrees that the concept behind telecommuting should be supported for its community benefits and low neighborhood impact, the difficulty in explicitly defining the term is troublesome. The proposed language is derived from The Merriam Webster Dictionary: to work at home by the use of an electronic linkup with a central office. The American Heritage® Dictionary of the English Language, Fourth Edition defines Telecommuting as: To work at home using a computer connected to the network of one's employer. However, each of these definitions is so broad, it can be construed to include real estate and insurance agents, Avon and Herbalife salespeople, or numerous independent contractors who run their office from their home, but are tied into their project company's computer system. The danger with the exemption is that the various standards that apply to other Type I home occupations, such as size limitations, prohibitions on client visits or outside employees, parking limitations, and other nuisance standards in this chapter would not apply. - One possible alternative would be to further clarify a telecommuter as a regular employee of a parent company, who is covered under the terms of the parent company's business license or tax. To prevent potential impacts to residential neighbors, rather than exempt telecommuters, they would be subject to the Type I Home Occupation Standards, but exempt from the fee. One alternative that had previously been raised was removing the Type I permit form procedure, as the same information is collected on the City's business tax form, which is also required of all home occupations. This would save the applicants and staff time in processing a redundant form. The business tax form would need to be modified to include a section pertaining to operating a home based business. The applicant would initial a box that listed the basic standards for a Type I Home Occupation, signifying that they acknowledge and agree to abide by the standards. The fee for the Type I Home Occupation would be repealed, but would be integrated into the Business Tax fee, in the form of a code compliance surcharge. This would be to cover the cost of code enforcement that is required on all business activities, from sign code enforcement to identifying and citing improper home based businesses. Other considerations in this proposed amendment include ORS 197.047 (i.e. Ballot Measure 56 notification) which requires that for any land use related legislative action that limits the allowable uses of property, individual notice to all affected property owners is required. As the amendments as proposed in this report represent a "loosening" of the standards and restrictions, no individual notice has been mailed. If the Commission determines that greater restrictions should be imposed, then re-notification may be necessary. Also, areas outside the City limits in the county's Urban Services Area that are under the City's planning jurisdiction, are subject to the City's Development Code, but only as the code was adopted formally by the county board of supervisors. Any change that is subsequently implemented by the City must then be ratified by the County Supervisors before the rules are effective in the "Urb". In the.interests of fairness and to facilitate administration of the code, the City should consider structuring its ordinance to become effective simultaneous with the County's adoption and effective date of these changes. ZOA2003-00001 PAGE 6 OF 8 4/21/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • • Lastly, it should be noted that the County adopted additional home occupation standards to address the concerns of the Bull Mountain residents when the intergovernmental agreement was signed. These additional standards include prohibitions on the outside storage of inventory, equipment, or vehicles associated with the home occupation; prohibiting the distribution of materials or sales of any kind from the home; and prohibiting the parking of a commercial vehicle (including a truck, trailer, or fifth wheel) used for the home occupation. SECTION VI. OTHER ALTERNATIVES No Action - The present home occupation standards would remain in effect. Limited Action — Provide a fee waiver exemption for telecommuters, as defined in the proposed amendments or as further refined, and acknowledge the benefits of telecommuting in the purpose section of the chapter. Alternate Action — Make Type I Home Occupations an exempt procedure similar to issuance of a business tax, subject to present performance standards. Type I Home Occupations would be tracked by the Finance Department along with regular businesses. An annual code compliance fee would be imposed on all business taxes to off-set the costs of enforcing illegal signs, and improperly operated home businesses.- This would eliminate one additional application form and procedural step in issuance of Type I Home Occupation Permits. Expanded Action — Make other revisions to the Home Occupation standards as identified through the public hearing process. SECTION VII. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS The City of Tigard Code Compliance Officer responded with -several comments. She notes that the time allowance provided for Type I HOP clients differs from Type II client visits (8am to 8pm versus 8am to 10pm). With regard to the proposed exemption for "telecommuters" she notes that Herbalife and Avon salespeople, insurance agents, and pyramid schemes could argue, for example, that "the corporate office is in Texas, and I send and receive e-mail from there..." The code compliance officer has had first-hand experience in enforcing the existing home occupation standards and notes that there are other sections of the chapter that could be clarified to facilitate successful enforcement of improperly operated home businesses, such as: Section 18.742.040(A)(2) — add the following language "there shall be no more than 3 deliveries or pickups by suppliers or parcel services" Section 18.742.050(A)(1) — . add language addressing sub-contractors, such as "The following characteristics of a Type I home occupation shall be prohibited: a. outside volunteers, employees, subcontractors or any other work related personnel that are engaged in the business activity other than the persons principally residing on the premises." Similar language should appear for Type II permits under 18.742.050(A)(2) — "No more than one outside volunteer, employee, subcontractors or any other work related personnel ZOA2003-00001 PAGE 7 OF 8 4/21/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • who is not a principal resident of the premises." Section 18.742.070(A)(2) — clarify the terms "excessive traffic" and "exclusive use of on- street parking" in subsections (a) and (b). Also, add a provision to revoke a Home Occupation Permit, such as "d. the applicant has provided false information on the application, or has subsequently intensified the nature of the business beyond the original approval." The City of Tigard Long Range Planning Division has had an opportunity to review this proposal and made several comments. Primarily, the concerns focused on the lack of clearly defined terms, such as "central off-site office" and "telecommuting". With a lack of clear definition, especially as it relates to exempting "telecommuters" there exists the potential for abuse of the purpose of the code. For example, a telemarketer may make the argument that they are merely telecommuting, and do not need a home occupation permit. Moreover, since they are exempt, the size limitations, performance standards and prohibition against outside employees would not be applicable. With this consideration, it is very important that the definition be precisely constructed to achieve the intent of the commission. The City of Tigard Police Department has had an opportunity to review this proposal and has no objections. • The City of Durham has had an opportunity to review this proposal and has no objections. The City of Beaverton has had an opportunity to review this proposal and has no objections. The City of King City, the City of Lake Oswego, the City of Portland, the City of Tualatin, Metro, and Washington County were notified of the proposed amendment and did not respond. ATTACHMENT: Exhibit A — Proposed Development Code Text Changes April 14, 2003 PREPAR D BY:MORGAN RACY DATE Associate Planner 4110P_ . / April 14, 2003 APPROVED BY:DICK BEWERS P •RFF DATE Planning Mana•er ZOA2003-00001 PAGE 8 OF 8 4/21/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • Exhibit A - 1 ZOA 2003-00004 HOME OCCUPATION AMENDMENT PROPOSED DEVELOPMENT CODE TEXT CHANGES ADDITIONS: Indicated by UNDERLINE&SHADING DELETIONS: Indicated by STRIKETHRU Home Occupations 18.742-1 11/26/98 Chapter 18.742 HOME OCCUPATIONS Sections: 18.742.010 Purpose 18.742.020 Applicability and Exemptions 18.742.030 Nonconforming Uses 18.742.040 General Approval Criteria and Standards 18.742.050 Type I and Type II Home Occupations Defined 18.742.060 Permit Procedures for Type I and Type II Home Occupations 18.742.070 Revocation and Expiration of Home Occupation Permits 18.742.080 Business Tax Certificate Required 18.742.010 Purpose A. Purposes. It is the purpose of this chapter to: 1. Permit residents an opportunity to use their homes to engage in small-scale business ventures which could not be sustained if it were necessary to lease commercial quarters, or because the nature of the activity would make it impractical to expand to a full-scale enterprise; and 2. Establish approval criteria and standards to ensure that home occupations are conducted as lawful uses which are subordinate to the residential use of the property and are conducted in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties and residents. 3: Encourage`telecommuting to"reduceitraffic congestion, total vehicle miles.traveled,:and'airp`oll`ution, and-to increase safety'in°the neighborhoods by maintaining a presence during,the°work-day 18.742.020 Applicability and Exemptions A.-Compliance with this chapter. No person shall carry on a home occupation, or permit such use to occur on property which that person owns or is in lawful control of, contrary to the provisions of this chapter. B. Exemptions. Exemptions from the provisions of this chapter are: 1. Garage sales; S 2. For-profit production of produce or other food products grown on the premises. This may include temporary or seasonal sale of produce or other • • food products grown on the premises. Farming activities shall be consistent with the definition of agriculture/horticulture contained in Chapter 18.130, Use Classifications; 3. Hobbies which do not result in payment to those engaged in such activity; 4. Proven nonconforming home occupations as per Section 18.742.030. 5::cxP.ersonsIworking from:home_bytheTuse.of an'electronic linkup with"a centraloff-site-of ice (i e. telecommuters)J- 18.742.030 Nonconforming Uses A. Nonconforming home occupations. On-going home occupations may be granted nonconforming status provided that they were: 1. Permitted under County authority prior to annexation to the City and have been in continuous operation since initial approval; 2. Permitted under City authority prior to 1983 and have since been in continuous operation. B. Governing regulations. Nonconforming home occupations will be regulated as a nonconforming situation, per the following: 1. A nonconforming situation is further governed by Chapter 18.760, Nonconforming Situations. Such use may continue until the use is expanded or altered so as to increase the level of non-compliance with this title; 2. The burden of proving a home occupation's nonconforming status rests with the property owner or tenant. C. Violations. Home occupations without City or County approval which cannot prove nonconforming status shall be considered in violation of this chapter and shall cease until the appropriate approvals have been granted. 18.742.040 General Approval Criteria and Standards A. General criteria. All home occupations except those that have proven nonconforming status shall observe the following criteria in addition to the standards established for Type I and Type I I Uses described in Section 18.745.050 of this chapter. 1. Home occupations may be undertaken only by the principal occupant(s) of a residential property; 2. There shall be no more than three deliveries per week to the residence by suppliers; 3. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the operation. Home occupations,shall observe the provisions of Chapter 18.725, Environmental Performance Standards; 4. The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure. The total area which may be used in the accessory building for either material product storage and/or the business • • activity shall not exceed 528 square feet. Otherwise, the home occupation and associated storage of materials and products shall not occupy more than 25% of the combined residence and accessory structure gross floor area, but in no case shall the portion of the home occupation occupying the accessory use exceed 528 feet. The indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building, fire, health and housing codes; 5. A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit. Any accessory building that is used must meet Uniform Building Code requirements; 6. More than one business activity constituting two or more home occupations shall be allowed on one property only if the combined floor space of the business activities does not exceed the limitation of space imposed in Section 4 above. Each home occupation shall apply for a separate home occupation permit, if required as per this chapter, and each shall also have separate Business Tax Certificates; 7. There shall be no storage and/or distribution of toxic or flammable materials, and spray painting or spray finishing operations that involve toxic or flammable materials which in the judgment of the Fire Marshal pose a dangerous risk to the residence, its occupants, and/or surrounding properties. Those individuals which are engaged in home occupations shall make available to the Fire Marshal for review the Material Safety Data Sheets which pertain to all potentially toxic and/or flammable materials associated with the use. 8. No home occupation shall require any on or off-street parking other than that normally required for a residence; 9. The following uses are not allowed as home occupations: a. Auto-body repair and painting; b. On-going mechanical repair conducted outside of an entirely-enclosed building; c. Junk and salvage operations; d. Storage and/or sale of fireworks. 10.There shall be no exterior storage of vehicles of any kind used for the business except that one commercially licensed vehicle of not more than three-quarters ton gross vehicle weight (GVW) may be parked outside of a structure or screened area. 18.742.050 Type I and Type II Home Occupations Defined A. Type I and II home occupations defined. Home occupations shall be administered as either Type I or Type II uses. A separate home occupation permit and/or fee is required for each property on which a Type II home occupation is undertaken. In addition to the general criteria outlined in Section 18.742.040, home occupations shall observe the following additional standards: 1. Type I Home Occupations: The following characteristics of a Type I home occupation shall be prohibited: • • • a. Outside volunteers or employees to be engaged in the business activity other than the persons principally residing on the premises; b. Exterior signs which identifies the property as a business location; c. to:Sunday}clients or customers. - •• • - - - --• - = • - -; Customers ancf clientsshall on t visit the.business between tine,hours off8::00 PM-'and 8:00:AM:I d. Exterior storage of materials. 2. Type II Home Occupations: Property on which a Type II home occupation is located may show evidence that a business is being conducted from the premises. Therefore the following is allowed for Type II home occupations: a. One non-illuminated sign, not exceeding 1.5 square feet, which shall be attached to the residence or accessory structure or placed in a window; b. No more than one outside volunteer or employee who is not a principal resident of the premises; c. No more than six daily customers or clients. Customers and clients may not visit the business between the hours of 10:00 PM and 8:00 AM and shall not generate excessive traffic or monopolize on-street parking; d. Storage of materials, goods, and equipment which is screened entirely from view by a solid fence. Storage shall not exceed five percent of the total lot area and shall not occur within the front yard or the required side yard setback. 18.742.060 Permit Procedures for Type I and Type II Home Occupations A. Type I home occupation permit. A Type I home occupation permit will be processed by means of a Type I procedure, as governed by Section 18.390.030, after a demonstration that the proposal complies with all development criteria in Sections 18.742.040A and 18.742.050 Al. B. Type II home occupation permit. A Type II home occupation permit will be processed by means of a Type II procedure, as governed by Section 18.390.040, after a demonstration that the proposal complies with all development criteria in Sections 18.742.040A and 18.742.050 A2. and subject to the following approval criteria: 1. Is in conformance with the standards contained in this chapter; and 2. Will be subordinate to the residential use of the property; and 3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or operation to neighboring properties and residents. C. Conditions of approval. The Director may impose conditions upon the approval of a Type I I home occupation permit to ensure compliance with the requirements of this chapter. These conditions may include, but are not limited to, the following: 1. Further limiting the hours, days, place and manner of operation; 2. Requiring site and building design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and dust; • • • 3. Requiring additional building setbacks, and increased lot area, depth or width; 4. Further limiting the building area and outdoor storage used by the home occupation and restricting the location of the use on the site in relationship to adjoining uses; 5. Designating the size, number, location and design of vehicle access points; 6. Requiring street right-of-way to be free at all times of vehicles associated with the home occupation; 7. Requiring landscaping, buffering and/or screening, of the home occupation from adjoining uses and establishing standards for the continued maintenance of these improvements; 8. Requiring storm drainage improvements, and surfacing of parking and loading areas; 9. Limiting the extent and type of interior or exterior building remodeling necessary to accommodate the home occupation; 10.Limiting or setting standards for the location and intensity of outdoor lighting; 11.Requiring and designating the size, height and location of fences and materials used for their construction; 12.Requiring the protection and preservation of existing trees, and other vegetation, watercourses, slopes, wildlife habitat areas and drainage areas; 13.Limiting the type and number of vehicles or equipment to be parked or stored on the site; and 14.Any other limitations which the Director considers to be necessary or desirable to make the use comply with the purposes stated in Sections 18.745.040 and 18.742.050. 18.742.070 Revocation and Expiration of Home Occupation Permits A. Grounds for revocation. The Director may: 1. Revoke a home occupation approval if the conditions of approval have not been or are not being complied with and the home occupation is otherwise being conducted in a manner contrary to this chapter. 2. The Director shall approve the use as it exists, revoke the home occupation permit, or compel measures to be taken to ensure compatibility with the neighborhood and conformance with this chapter after reviewing a complaint. Complaints may be originated by the City of Tigard or the public. Complaints from the public shall clearly state the objection to the home occupation, such as: a. Generation of excessive traffic; b. Exclusive use of on-street parking spaces; c. Other offensive activities not compatible with a residential neighborhood. B. Cessation of home occupation pending review. If it is determined by the Director in exercise of reasonable discretion, that the home occupation in question will affect public health and safety, the use may be ordered to cease pending Hearings Officer review and/or exhaustion of all appeals. • • C. Waiting period for re-application. When a home occupation permit has been revoked due to violation of these standards, a minimum period of one year shall elapse before another application for a home occupation on the subject parcel will be considered. D. Invalidation of permit. A home occupation permit shall become invalid if the applicant moves his or her residence. 18.742.080 Business Tax Certificate Required A. Granting of business tax certificate. No business tax certificate will be issued for a home occupation until: 1. The person wishing to engage in a Type I home occupation pays the one- time review fee and agrees to comply with the provisions of this chapter; or 2. The applicant for a Type II home occupation has been approved and the application certifies that the home occupation will be operated in strict compliance with the provisions of this chapter and the conditions of approval. Miscellaneous Permits 18.385-3 11/26/98 18.385.020 Home Occupation Permits A. Type I home occupation permit. A Type I home occupation permit will be processed by means of a Type I procedure, as governed by Section 18.390.030, after a demonstration that the proposal complies with all development criteria in Sections 18.742.040A and 18.742.050 Al. B. Type II home occupation permit. A Type II home occupation permit will be processed by means of a Type II procedure, as governed by Section 18.390.040, after a demonstration that the proposal complies with all development criteria in Sections 18.742.040A and 18.742.050 A2. and subject to the following approval criteria: 1. Is in conformance with the standards contained in this chapter; and 2. Will be subordinate to the residential use of the property; and 3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or operation to neighboring properties and residents. C. Conditions of approval. The Director may impose conditions upon the approval of a Type II home occupation permit to ensure compliance with the requirements of this chapter. These conditions may include, but are not limited to, the following: 1. Further limiting the hours, days, place and manner of operation; 2. Requiring site and building design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and dust; 3. Requiring additional building setbacks, and increased lot area, depth or width; 4. Further limiting the building area and outdoor storage used by the home occupation and restricting the location of the use on the site in relationship to adjoining uses; • 5. Designating the size, number, location and design of vehicle access points; 6. Requiring street right-of-way to be free at all times of vehicles associated with the home occupation; 7. Requiring landscaping, buffering and/or screening, of the home occupation from adjoining uses and establishing standards for the continued . maintenance of these improvements; " 8. Requiring storm drainage improvements, and surfacing of parking and loading areas; 9. Limiting the extent and type of interior or exterior building remodeling necessary to accommodate the home occupation; 10.Limiting or setting standards for the location and intensity of outdoor lighting; 11.Requiring and designating the size, height and location of fences and materials used for their construction; 12.Requiring the protection and preservation of existing trees, and other vegetation, watercourses, slopes, wildlife habitat areas and drainage areas; 13.Limiting the type and number of vehicles or equipment to be parked or stored on the site; and 14.Any other limitations which the Director considers to be necessary or desirable to make the use comply with the purposes stated in Sections 18.745.040 and 18.742.050. D. Grounds for revocation. The Director may: 1. Revoke a home occupation approval if the conditions of approval have not been or are not being complied with and the home occupation is otherwise being conducted in a manner contrary to this chapter. 2. The Director shall approve the use as it exists, revoke the home occupation permit, or compel measures to be taken to ensure compatibility with the neighborhood and conformance with this chapter after reviewing a complaint. Complaints may be originated by the City of Tigard or the public. Complaints from the public shall clearly state the objection to the home occupation, such as: a. Generation of excessive traffic; b. Exclusive use of on-street parking spaces; c. Other offensive activities not compatible with a residential neighborhood. E. Cessation of home occupation pending review If it is determined by the Director in exercise of reasonable discretion, that the home occupation in question will affect public health and safety, the use may be ordered to cease pending Hearings Officer review and/or exhaustion of all appeals. F. Waiting period for re-application. When a home occupation permit has been revoked due to violation of these standards, a minimum period of one year shall elapse before another application for a home occupation on the subject parcel will be considered. G. Invalidation of permit. A home occupation permit shall become invalid if the applicant moves his or her residence. • • pjoritin Request to Schedule a Council Agenda Item • - File with Greer in City Administration when completed- Meeting Date May 13, 2003 Packet Material Due April 29, 2003 at 5 p.m. (See 2003 Council Meeting Schedule&Deadlines) Agenda Topic (state as you want the title to appear on the agenda) Home Occupations Code Amendment (Z0A2003-00001) Meeting Type/Item Placement Item Information (check all that apply) Business - Executive Session ❑ Local Contract Review Board ❑ Business - Business Meeting ® Motion requested(specify below) ❑ Business - Consent Agenda ❑ Ordinance Business -Study Meeting ❑ PowerPoint presentation ❑ Special ❑ Public Hearing ❑ Special - Executive Session ❑ Public Hearing - Informational ❑ Workshop ❑ Public Hearing - Legislative Public Hearing -Quasi-Judicial ❑ Receive and File ❑ • Resolution ❑ Estimated time needed at meeting (not required for consent agenda) 20 Minutes Staff contact person(s) Morgan Tracy If a motion (other than an ordinance or resolution) is requested, please specify "Should Council N/A If a legal ad is required, please specify your publication date April 24, 2003 Other information/instructions N/A Remember to submit an Agenda Item Summary and Fact Sheet with your packet materials. sea s X•2' 0 AO Ao • y • • Council Agenda Item Checklist • Agenda Topic: Meeting Date: Get your item scheduled ❑ Complete a"Request to Schedule a Council Agenda Item" and e-mail the form to "#Agenda" or deliver the form to City Administration Schedule the item as soon as possible.Scheduling is tentative and can be changed. If final Council action is needed, schedule the item for a business meeting on the 2nd or 4th Tuesday of the month. If the item is educational or if staff is seeking general direction from the Council,then the item may be better suited for a workshop meeting on the 3rd Tuesday. The form"Request to Schedule a Council Agenda Item" can be found on"Tig 20" - the City's Intranet site. (These forms are also called"blue sheets" but do not need to be on blue paper.) Get non-electronic documents scanned- submit by noon on the Friday preceding the Council packet material deadline ❑ Submit any items to be scanned to Office Services -Refer to "Scanning Information • for Council Packet Items" What to submit to the City Recorder's Office and how to label files by the Council packet material deadline (two weeks before the meeting on a Tuesday by 5 p.m.): ❑ Label files with the meeting date (MM-DD-YY),brief item description, document type, and,if applicable,number of revision(rev-#). Document types include: -Agenda Item Summary- AIS -Attachment-ATTACH# -Ordinance-ORD -Resolution- RES -Memorandum-MEMO -Appointments-APPTS Examples of actual file names include: 10-29-02 Annexation AIS 10-29-02 Annexation ORD rev-2 10-29-02 Annexation ATTACH 6 rev-1 10-8-02 Tree Board Appts RES 10-29-02 St Maintenance Fee MEMO ❑ Council Agenda Item Summary (AIS) (Form is on Tig 20) List all attachments under the "Attachment" section of the Agenda Item Summary. If attachments are part of a resolution or ordinance,label accordingly i.e. - Attachment 1: Proposed Ordinance Exhibit A: Proposed Development Code Amendments Exhibit B: Map of affected properties Attachment 2: Draft June 17th Planning Commission Minutes \\TIG333\USR\DEPTS\ADM\PROCESSES\COUNCIL AGENDA ITEM CHECKLIST V2.DOC Page 1 • ❑ Ordinance or Resolution (Forms are on Tig 20) If making code changes,this should be reflected in the title of the ordinance,for • example: An ordinance amending(deleting/adding) section of the Tigard Municipal Code pertaining to ❑ Supporting Memorandum This memo should be written if more details and background are needed to explain the item or to provide focus for the Council. ❑ Fact Sheet (Form is on Tig 20) Complete a Fact Sheet for all meeting items except Study Session or Consent Agenda items. Do not list the Fact Sheet as an attachment. ❑ Attachments Label all attachments and place in order listed on the Agenda Item Summary under "Attachments." ❑ PowerPoint Presentation Before submitting to the City Recorder- ❑ Proofread and spell check all documents ❑ Check to see that documents are ordered according to the AIS "Attachment" section • Do not list the Fact Sheet as an attachment ❑ Obtain Department Head initials on the Agenda Item Summary How to Submit to the City Recorder- • Deliver hard copies of all documents in the packet item Documents should be submitted single-sided on letter size (8-1/2" x 11") or legal size (11" x 14") paper. ❑ Send electronic copies of all documents to "#Agenda" Send one e-mail for each agenda item, attaching all the files related to that item. Label files as listed on the first page. Save PowerPoint presentations (whether submitted as part of the Council packet or not) in I:\citywide\cc presentations by 10 a.m. on the Friday preceding the meeting ❑ Via e-mail, notify Liz Newton that the presentation is ready for review and provide corresponding filename. • \\TIG333\USR\DEPTS\ADM\PROCESSES\COUNCIL AGENDA ITEM CHECKLIST V2.DOC Page 2 411bMMUNITY NEWSPAPOIS P.O. BOX 370 PHONE (503)684-0360 Legal TT 10 2 0 5 BEAVERTON, OREGON 97075 Notice Legal Nntiro erl..ertiin.. - The following will be considered by the Tigard Planning. City of Tigard Commission on Monday April 21, 2003 at 7:00 PM at the Tigard X131312 5 SW Hall Blvd. Civic Center-Town Hall, 13125 SW Hall Blvd.,Tigard, Oregon; , and Oregon 9 7 2 2 3 Public oral or written testimony is invited. The public hearing on this g g matter will be held under Title 18 and rules of procedure adoptedtby Accounts Payable the Council and available at City Hall or the rules.of procedure set • forth in Section:18.390.060E:;'The Planning Commission's review is. for the ipiirposef of making�a recommendation:to..theCity Council=on the request. The Council-will.-then hold,a public hearing on.the request prior to making a decision. : ) ! Further information may be obtained from the City of.Tigard AFFIDAVIT OF p Planning Division at 13125 SW Hall Blvd.,Tigard,Oregon 97223 or 1 by calling 503-639-4171. STATE OF OREGON, ) SS PUBLIC HEARING ITEM: COUNTY OF WASHINGTON, ) - ZONE ORDINANCE AMENDMENT(ZOA)2003=00001 > HOME OCCUPATIONS CODE AMENDMENT 1, Kathy Snyder REQUEST: To amend the Home Occupation requirementsAvithin. being first duly sworn, depose and say thm the Tigard Development Code to allow no more,than:5,i';weekly Director, or his principal clerk, of th'1-ga:customers or clients between the hours of 8:00 AM to 8:00;P ;under. a newspaper of general circul tton as de'the Type I Home Occupation Permit, and to add'.'.y,erl iage and 193.020; published at Tigard acknowledging telecommuting and exempt telecommuters from the - aforesaid county and state; that the Home Occupation Permit requirements. As these_ are"only Public Hearing/Z OA 2 0 0 3—0 0 01 recommended amendments, the Planning Commission and City a printed copy of which is hereto annexed Council may opt to modify the specific language or make changes to entire issue of said newspaper for ONE.other 'relevant sections of Chapter 18.742. (Home Occupations). LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW consecutive in the following issues: CRITERIA: Statewide Planning Goals 1 and 2;•Comprehensive Plan Policies 1 and 2; and Community Development_Code chapters April 3 , 2003 18.380, 18.390 and 18.742. "' .:=' -• TT 10205-Publish April 3, 2001 I 1 ►. —y —. .i1a•.... . • 41 Subscribed and sworn to��fore me this 3rd day of Apri 1, 2003 ii(I 1C�1// 13CL/ -=:_=,,, OFFICIAL SEAL '''= • • NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY OF TIGARD Community(Development Shaping Better Community PUBLIC NEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, APRIL 21, 2003 AT 7:00 PM, AND BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, MAY 13, 2003 AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC ON THE FOLLOWING APPLICATION: FILE NO.: ZONE ORDINANCE AMENDMENT (ZOA) 2003-00001 FILE TITLE: HOME OCCUPATIONS CODE AMENDMENT APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to allow no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under the Type I Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters from the Home Occupation Permit requirements. LOCATION: Citywide. _ ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.742. THE PLANNING COMMISSION'S REVIEW IS FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THIS REQUEST. THE CITY COUNCIL WILL ALSO CONDUCT A HEARING ON THIS REQUEST PRIOR TO MAKING A DECISION ON THIS REQUEST. THE PUBLIC HEARINGS ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES ADOPTED BY THE TIGARD PLANNING COMMISSION AND/OR CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL GUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438- TELECOMMUNICATIONS THAN E ONE WEEK PRIOR TO THDEDHEARING TO MAKE ARRANGED El TS. FOR THE DEAF) NO LESS • • ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION AND CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION OR CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7) DAYS PRIOR TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE PLANNING COMMISSION OR CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MORGAN TRACY AT (503) 639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL AT morgan @ci.tigard.or.us. • • • • • Request to Schedule a Council Agenda Item - File with Greer in City Administration when completed- Meeting Date May 13, 2003 Packet Material Due April 29, 2003 at 5 p.m. (See 2002 Council Meeting Schedule&Deadlines) Agenda Topic (state as you want the title to appear on the agenda) Home Occupations Code Amendment (ZOA2003-00001 Meeting Type/Item Placement Item Information (check all that apply) Business -Executive Session ❑ Local Contract Review Board ❑ Business - Business Meeting ® Motion requested (specify below) ❑ Business - Consent Agenda ❑ Ordinance Business - Study Meeting ❑ PowerPoint presentation ❑ Special ❑ Public Hearing ❑ Special - Executive Session ❑ Public Hearing - Informational ❑ Workshop ❑ Public Hearing -Legislative Public Hearing -Quasi-Judicial ❑ Receive and File ❑ Resolution ❑ Estimated time needed at meeting (not required for consent agenda) 15 minutes Staff contact person(s) Morgan Tracy If a motion (other than an ordinance or resolution) is requested, please specify "Should Council If a legal ad is required, please specify your publication date April 10, 2003 Other information/instructions Remember to submit an Agenda Item Summary and Fact Sheet with your packet materials. R8ZuEs-r ER Ccw,vwJTs • REQUEST FOR COMMENTS CITY OF IGARD Community Deve(opment Shaping A Better Community • DATE: March 13, 2003 • TO: Christine Darnell,Code Compliance Officer FROM: City of Tigard Planning Division STAFF CONTACT: Morgan Tracy, Associate Planner (x2428) Phone: (503)639-4171/Fax: (503) 684-7297 ZONE ORDINANCE AMENDMENT OA)2003-00001 ➢ HOME OCCUPATIONS CODE AMENDMENT < REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to allow no more than 5 weekly customers or clients betvveen the hours 'of 8:00 AM to 8:00 PM under the Type Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters from the Home Occupation Permit,requirements. LOCATION: Citywide. ZONE:. N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies. 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.742. - Attached is a "DRAFT" of the Proposed Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MARCH 27, 2003. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date; please phone the staff contact noted above with your.comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR,97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: • We have reviewed theproposal and have no objections to'it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: 17O // 7c2.io - eowelz, ■ 1. ./i ,es%4,Gi - ; Al i; //th /4 0 iiid //tifii. I /l/OT < f - i. /'� f/ I ,. ;-- an./Mk /a�� /9.: 7/Z. Da'n -/ fr/gfri---,3-07,c/9-tv/9€7-7/70 , ,'/1"- J pii✓iii9Z,,aar,e7T /g: 7QZ- PIO I-z�� /hh/v�2tes # faie 9 ��1. v'n t�r'S " /, /y. "/z_070 ,Q- / I�i/lcGrd� . p/0 �.97j/11- 7Z79?� �fv�,�'� `/OP f P/20a4 44 �.<J/ etio e? �/1�L� 7 . ri � / 5 712?-6 Ativo gc-c 4 6TH%9 /a) i&a .4 11(Pkase provide the forlirwing information)Name of Person(s) Commenting: 6f p� 2 ,/,• Phone Number(s): J 7•7 I aia • Airra.77,07V Ii AA/ "/9,//a77.17/J # ,fY7,hl 971 Jf7 / 7V2 A/97/4 11XL ,gdovz- clikeLapti . (0*i .076 avv-c7--ig _,---,P/7- d-„„.,-) '' /07/x/ /fr/va4\J cK eft vs/ 7-&/e.‘- fC &ic ge-erm eiec)o-s 7e te2g72,C po-wiv os-0 /). A-- 4-bb thily 47filbz c_ (1 / (t ci dj # ition Or VA I - "Srec L, , ,f"t dal fu "504%1 1+LI t y Care der ' 1 w t i l w„ • • A� REQUEST FOR COMMENTS OF TIIGARD Community Development Shaping A Better Community DATE: March 13, 2003 TO: Jim Wolf,Tigard Police Department Crime Prevention Officer FROM: City of Tigard Planning Division STAFF CONTACT: Morgan Tracy, Associate Planner (x2428) Phone: (503)639-4171/Fax: (503) 684-7297 ZONE ORDINANCE AMENDMENT (ZOA) 2003-00001 > HOME OCCUPATIONS CODE AMENDMENT Q REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to allow no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under the Type Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters from the Home Occupation Permit requirements. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.742. Attached is a "DRAFT" of the Proposed Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MARCH 27, 2003. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PL ASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the ro osal and have no objections to it. p p objections Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Tlase provide the following information)Name of Person(s) Commenting: oy I Phone Number(s): 1 a5b1 I Sent By: CITY OF DURHAM; 5035988595; Mar-18-03 9:39AM; Page 1 /1 • • REQUEST FOR COMMENTS CITY OF TIGARD Community Development Shaping Better Community DATE: March 13, 2003 • t kt TO: Mill ofBurham city manager MAR 1 4 7003 FROM: City of Tigard Planning Division << STAFF CONTACT: Morgan Tracy, Associate Planner (x2428) Phone: (503)639-4171/Fax: (503) 684-7297 • ZONE ORDINANCE AMENDMENT (ZOA)2003-00001 ➢ HOME OCCUPATIONS CODE AMENDMENT Q REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to allow no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under the Type I Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters from the Home Occupation Permit requirements. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.742. Attached is a "DRAFT" of the Proposed Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MARCH 27. 2003. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (TYease pie the fo[rowing information)Name of Person(s) Commenting: / 0G—G- g u,s Phone Number(s): U3 -6,3 9 -6-a--s% Isto • • 20 3 __ i. kos, I nip REQUEST FOR COMMENTS CITY OFTIGARD Community cDevetopment 00�� Shaping Better Community u DATE: March 13, 2003 TO: City of Beaverton Planning Manager FROM: City of Tigard Planning Division STAFF CONTACT: Morgan Tracy, Associate Planner (x2428) Phone: (503)639-4171/Fax: (503) 684-7297 ZONE ORDINANCE AMENDMENT (ZOA)2003-00001 ➢ HOME OCCUPATIONS CODE AMENDMENT < REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to allow no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under the Type I Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters from the Home Occupation Permit requirements. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.742. Attached is a "DRAFT" of the Proposed Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MARCH 27, 2003. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any " questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: X., We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (&ease provide thefoll'owing information)Name of Person(s) Commenting: iv. 50i4.,72e. !Phone Number(s): 3 5 24. Z`fZ�J • • REQUEST FOR COMMENTS o Ta-ARD Community cDeve(opment Shaping A Better Community DATE: March 13, 2003 TO: Barbara Shields,Long Range Planning Manager FROM: City of Tigard Planning Division STAFF CONTACT: Morgan Tracy, Associate Planner (x2428) Phone: (503)639-4171/Fax: (503) 684-7297 ZONE ORDINANCE AMENDMENT (ZOA)2003-00001 ➢ HOME OCCUPATIONS CODE AMENDMENT < REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to allow no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under the Type I Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters from the Home Occupation Permit requirements. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.742. Attached is a "DRAFT" of the Proposed Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MARCH 27, 2003. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (T ase provide the foaming information)Name of Person(s) Commenting: I Phone Number(s): I • • DRAFT ZOA2003-00001 HOME OCCUPATION AMENDMENT PROPOSED DEVELOPMENT CODE TEXT CHANGES ADDITIONS: Indicated by UNDERLINE& H DELETIONS: Indicated by STRIKETHRU Home Occupations 18.742-1 11/26/98 • Chapter 18.742 HOME OCCUPATIONS • Sections: 18.742.010 Purpose 18.742.020 Applicability and Exemptions 18.742.030 Nonconforming Uses 18.742.040 General Approval Criteria and Standards 18.742.050 Type I and Type II Home Occupations Defined 18.742.060 Permit Procedures for Type I and Type II Home Occupations 18.742.070 Revocation and Expiration of Home Occupation Permits �w 18.742.080 Business Tax Certificate Required 18.742.010 Purpose A. Purposes. It is the purpose of this chapter to: t� '"-- cAc, ..- t 1. Permit residents an opportunity to use thei homes to engage in small-scale business ventures which could not be sustained if it were cessary to lease commercial quarters, or because the ri4,14 nature of the activity would make it i ractical to expand to a full-scale enterprise; and 2. Establish approval criteria and st dards to ensure that home occupations are conducted as lawful uses which are subordin,a a to the residential use of the property and are conducted in a • manner that is not detrimental o' r disruptive in terms of appearance or operation to neighboring properties a -si•ents. �"`� '�,.. A'� ,..�� «";4�.��c• ^a:.,�a^r,�=v+� x^�;d?us" '�'.5? x.°�':' �`�-" ...," .':.': a �n 3Encourage(eleeommu in`a tb r-"="Yce traffic conyeation totaINvehicle$miles#raveledand r1°. .�, 'H 2t Y..N. 1"{"S1'?®:iPs-ti,..§s '.t :£•'.�Y<.i S.2 ab` i".s�.+-..fr .''f*'-''.e:'Y" °a ai Pr ollution;t as: safe'ty-Iyn fFeneghboiho�ods�Ey m'amtam�ng$a pr_e"sence du ngit MAIIMay 18.742.020 Applicability and Exemptions A. Compliance with this chapter. No person shall carry on a home occupation, or permit such use to occur on property which that person owns or is in lawful control of, contrary to the provisions of this chapter. • • cu c • DRAFT B. Exemptions. Exemptions from the provisions of this chapter are: 1. Garage sales; 2. For-profit production of produce or other food products grown on the premises. This may include temporary or seasonal sale of produce or other food products grown on the premises. Farming activities shall be consistent with the definition of agriculture/horticulture contained in Chapter 18.130, Use Classifications; 3. Hobbies which do not result4n payment to those engaged in such activity; 4. Proven nonconforming homebccupations as per Section 18.742.030. � "`r. ai:x:a.;yu�/'°^ ;:,�',3�,�.s:..::�::('��°. zr-�:'t. H:�"i:�*:..., st*s`.�:�•..3�i:�.a,; 5.,4 P rsons an►orkir from home : .the se��.of.an l'ectronic,li ku with centralnoff site offce'-i `�te`lecommute s 0Azwo2 S ` LAG p 18.742. onconforming Uses A. Nonconforming home occupations. On-going home occupations may be granted nonconforming status provided that they were: 1. Permitted under County authority prior to annexation to the City and have been in continuous operation since initial approval; 2. Permitted under City authority prior to 1983 and have since been in continuous operation. B. Governing regulations. Nonconforming home occupations will be regulated as a nonconforming situation, per the following: 1. A nonconforming situation is further governed by Chapter 18.760, Nonconforming Situations. Such use may continue until the use is expanded or altered so as to increase the level of non- compliance with this title; 2. The burden of proving a home occupation's nonconforming status rests with the property owner or tenant. C. Violations. Home occupations without City or County approval which cannot prove nonconforming status shall be considered in violation of this chapter and shall cease until the appropriate approvals have been granted. 18.742.040 General Approval Criteria and Standards A. General criteria. All home occupations except those that have proven nonconforming status shall observe the following criteria in addition to the standards established for Type I and Type II Uses described in Section 18.745.050 of this chapter. 1. Home occupations may be undertaken only by the principal occupant(s)of a residential property; 2. There shall be no more than three deliveries per week to the residence by suppliers; 3. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the operation. Home occupations shall observe the provisions of Chapter 18.725, Environmental Performance Standards; 4. The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure. The total area which may be used in the accessory building for either material product storage and/or the business activity shall not exceed 528 square feet. Otherwise, the home occupation and associated storage of materials and products shall not occupy more than 25% of the combined residence and accessory structure gross floor area, but in no case shall the portion of the home occupation occupying the accessory use exceed 528 feet. The indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building, fire, health and housing codes; • DRAFT 5. A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit. Any accessory building that is used must meet Uniform Building Code requirements; 6. More than one business activity constituting two or more home occupations shall be allowed on one property only if the combined floor space of the business activities does not exceed the limitation of space imposed in Section 4 above. Each home occupation shall apply for a separate home occupation permit, if required as per this chapter, and each shall also have separate Business Tax Certificates; 7. There shall be no storage and/or distribution of toxic or flammable materials, and spray painting or spray finishing operations that involve toxic or flammable materials which in the judgment of the Fire Marshal pose a dangerous risk to the residence, its occupants, and/or surrounding properties. Those individuals which are engaged in home occupations shall make available to the Fire Marshal for review the Material Safety Data Sheets which pertain to all potentially toxic and/or flammable materials associated with the use. . 8. No home occupation shall require any on or off-street parking other than that normally required for a residence; 9. The following uses are not allowed as home occupations: a. Auto-body repair and painting; b. On-going mechanical repair conducted outside of an entirely-enclosed building; c. Junk and salvage operations; d. Storage and/or sale of fireworks. 10.There shall be no exterior storage of vehicles of any kind used for the business except that one commercially licensed vehicle of not more than three-quarters ton gross vehicle weight (GVW) may be parked outside of a structure or screened area. 18.742.050 Type I and Type II Home Occupations Defined A. Type I and II home occupations defined. Home occupations shall be administered as either Type I or Type II uses. A separate home occupation permit and/or fee is required for each property on which a Type II home occupation is undertaken. In addition to the general criteria outlined in Section 18.742.040, home occupations shall observe the following additional standards: 1. Type I Home Occupations: The following characteristics of a Type I home occupation shall be prohibited: a. Outside volunteers or employees to be engaged in the business activity other than the persons principally residing on the premises; b. Exterior sins which identifies• the property as a business location; c. No more than fiv.'-weekly Monday�to Sunday clients or customers. Ous omersa d c ents �hallno'test=thebusinessbetweenthe.lio.ursof . 'R Mand 8:0 AM r� , �, i ,�/'Zc�6�, 8O.O�P � � d. Exterior storage of materials. t �g� `f L 2. Type II Home Occupations: Property on which a Type II home occupation is located may show evidence that a business is being conducted from the premises. Therefore the following is allowed for Type II home occupations: a. One non-illuminated sign, not exceeding 1.5 square feet, which shall be attached to the residence or accessory structure or placed in a window; b. No more than one outside volunteer or employee who is not a principal resident of the premises; • • DRAFT c. No more than six daily customers or clients. Customers and clients may not visit the business between the hours of 10:00 PM and 8:00 AM and shall not generate excessive traffic or monopolize on-street parking; d. Storage of materials, goods, and equipment which is screened entirely from view by a solid fence. Storage shall not exceed five percent of the total lot area and shall not occur within the front yard or the required side yard setback. 18.742.060 Permit Procedures for Type 1 and Type II Home Occupations A. Type I home occupation permit. A Type I home occupation permit will be processed by means of a Type I procedure, as governed by Section 18.390.030, after a demonstration that the proposal complies with all development criteria in Sections 18.742.040A and 18.742.050 Al. B. Type II home occupation permit. A Type II home occupation permit will be processed by means of a Type II procedure, as governed by Section 18.390.040, after a demonstration that the proposal complies with all development criteria in Sections 18.742.040A and 18.742.050 A2. and subject to the following approval criteria: 1. Is in conformance with the standards contained in this chapter; and 2. Will be subordinate to the residential use of the property; and 3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or operation to neighboring properties and residents. C. Conditions of approval. The Director may impose conditions upon the approval of a Type II home occupation permit to ensure compliance with the requirements of this chapter. These conditions may include, but are not limited to, the following: 1. Further limiting the hours, days, place and manner of operation; 2. Requiring site and building design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and dust; 3. Requiring additional building setbacks, and increased lot area, depth or width; 4. Further limiting the building area and outdoor storage used by the home occupation and restricting the location of the use on the site in relationship to adjoining uses; 5. Designating the size, number, location and design of vehicle access points; 6. Requiring street right-of-way to be free at all times of vehicles associated with the home occupation; 7. Requiring landscaping, buffering and/or screening, of the home occupation from adjoining uses and establishing standards for the continued maintenance of these improvements; 8. Requiring storm drainage improvements, and surfacing of parking and loading areas; 9. Limiting the extent and type of interior or exterior building remodeling necessary to accommodate the home occupation; 10.Limiting or setting standards for the location and intensity of outdoor lighting; 11.Requiring and designating the size, height and location of fences and materials used for their construction; 12.Requiring the protection and preservation of existing trees, and other vegetation, watercourses, slopes, wildlife habitat areas and drainage areas; 13.Limiting the type and number of vehicles or equipment to be parked or stored on the site; and 1.4.Any other limitations which the Director considers to be necessary or desirable to make the use comply with the purposes stated in Sections 18.745.040 and 18.742.050. ` { • • rift • 18.742.070 Revocation and Expiration of Home Occupation Permits A. Grounds for revocation. The Director may: 1. Revoke a home occupation approval if the conditions of approval have not been or are not being complied with and the home occupation is otherwise being conducted in a manner contrary to this chapter. 2. The Director shall approve the use as it exists, revoke the home occupation permit, or compel measures to be taken to ensure compatibility with the neighborhood and conformance with this chapter after reviewing a complaint. Complaints may be originated by the City of Tigard or the public. Complaints from the public shall clearly state the objection to the home occupation, such as: a. Generation of excessive traffic; b. Exclusive use of on-street parking spaces; c. Other offensive activities not compatible with a residential neighborhood. B. Cessation of home occupation pending review. If it is determined by the Director in exercise of reasonable discretion, that the home occupation in question will affect public health and safety, the use may be ordered to cease pending Hearings Officer review and/or exhaustion of all appeals. C. Waiting period for re-application. When a home occupation permit has been revoked due to violation of these standards, a minimum period of one year shall elapse before another application for a home occupation on the subject parcel will be considered. D. Invalidation of permit. A home occupation permit shall become invalid if the applicant moves his or her residence. 18.742.080 Business Tax Certificate Required A. Granting of business tax certificate. No business tax certificate will be issued for a home occupation until: 1. The person wishing to engage in a Type I home occupation pays the one-time review fee and agrees to comply with the provisions of this chapter; or 2. The applicant for a Type II home occupation has been approved and the application certifies that the home occupation will be operated in strict compliance with the provisions of this chapter and the conditions of approval. Miscellaneous Permits 18.385-3 11/26/98 18.385.020 Home Occupation Permits A. Type I home occupation permit. A Type I home occupation permit will be processed by means of a Type I procedure, as governed by Section 18.390.030, after a demonstration that the proposal complies with all development criteria in Sections 18.742.040A and 18.742.050 Al. B. Type II home occupation permit. A Type II home occupation permit will be processed by means of a Type II procedure, as governed by Section 18.390.040, after a demonstration that the proposal complies with all development criteria in Sections 18.742.040A and 18.742.050 A2. and subject to the following approval criteria: 1. Is in conformance with the standards contained in this chapter; and 2. Will be subordinate to the residential use of the property; and 3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or operation to neighboring properties and residents. • • C. Conditions of approval. The Director may impose conditions upon the approval of a Type II home occupation permit to ensure compliance with the requirements of this chapter. These conditions may include, but are not limited to, the following: 1. Further limiting the hours, days, place and manner of operation; 2. Requiring site and building design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and dust; 3. Requiring additional building setbacks, and increased lot area, depth or width; 4. Further limiting the building area and outdoor storage used by the home occupation and restricting the location of the use on the site in relationship to adjoining uses; 5. Designating the size, number, location and design of vehicle access points; 6. Requiring street right-of-way to be free at all times of vehicles associated with the home occupation; 7. Requiring landscaping, buffering and/or screening, of the home occupation from adjoining uses and establishing standards for the continued maintenance of these improvements; 8. Requiring storm drainage improvements, and surfacing of parking and loading areas; 9. Limiting the extent and type of interior or exterior building remodeling necessary to accommodate the home occupation; 10.Limiting or setting standards for the location and intensity of outdoor lighting; 11.Requiring and designating the size, height and location of fences and materials used for their construction; 12.Requiring the protection and preservation of existing trees, and other vegetation, watercourses, slopes, wildlife habitat areas and drainage areas; 13.Limiting the type and number of vehicles or equipment to be parked or stored on the site; and 14.Any other limitations which the Director considers to be necessary or desirable to make the use comply with the purposes stated in Sections 18.745.040 and 18.742.050. D. Grounds for revocation. The Director may: 1. Revoke a home occupation approval if the conditions of approval have not been or are not being complied with and the home occupation is otherwise being conducted in a manner contrary to this chapter. 2. The Director shall approve the use as it exists, revoke the home occupation permit, or compel measures to be taken to ensure compatibility with the neighborhood and conformance with this chapter after reviewing a complaint. Complaints may be originated by the City of Tigard or the public. Complaints from the public shall clearly state the objection to the home occupation, such as: a. Generation of excessive traffic; b. Exclusive use of on-street parking spaces; c. Other offensive activities not compatible with a residential neighborhood. E. Cessation of home occupation pending review If it is determined by the Director in exercise of reasonable discretion, that the home occupation in question will affect public health and safety, the use may be ordered to cease pending Hearings Officer review and/or exhaustion of all appeals. F. Waiting period for re-application. When a home occupation permit has been revoked due to violation of these standards, a minimum period of one year shall elapse before another application for a home occupation on the subject parcel will be considered. G. Invalidation of permit. A home occupation permit shall become invalid if the applicant moves his or her residence. A • • REQUEST FOR COMMENTS CI trailGARD Community Deve(opment ShapingA Better Community DATE: March 13, 2003 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Morgan Tracy, Associate Planner (x2428) Phone: (503)639-4171/Fax: (503) 684-7297 ZONE ORDINANCE AMENDMENT (ZOA)2003-00001 ➢ HOME OCCUPATIONS CODE AMENDMENT < REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to allow no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under the Type I Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters from the Home Occupation Permit requirements. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.742. Attached is a "DRAFT" of the Proposed Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MARCH 27, 2003. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (T&ase provide the foaming information)Name of Person(s) Commenting: I Phone Number(s): I CITY • TIGARD REQUEST FOR CONNTS • NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: FILE NAME: . ,. . . _,. :" 'CITIZEN INVOLVEMENT,._ S �: 14-DAY PENDING APPLICATION NOTICE TO CIT AREA: �entral East South est IRIProposal Descrip.in Library CIT Book '''''':--',.';;;;,;'''','':' ;''''--.;'' '-',;:',-'. ''-- -i-1 -, ': ,i'-.:. -.::::- ''---" :-:'„..-',:i.',,,,;:cirromets. ,- :::,,i: ::-;-,-,2. !--,, ,,:',: --:,,r.,',-,,,,..-,.:.;::,-::;,:,:,,,.::.: ..: 1',,,,,:1,.,:.-;-:::,:---: :,,-.::, _ de,Cr, fee.•Ieelf/U4rt4Alize..1 .-,u.!( -/ Z LONG RANGE PLANNING/Barbara Shields,Planning Mgr. _COMMUNITY DVLPMNT.DEPTJPIanning-Engineering Techs. POLICE DEPTJJim Wolf,Crime Prevention Officer _BUILDING DIVISION/Gary Lampella,Building Official _ENGINEERING DEPT./Brian Rager,Dvlpmnt.Review Engineer_WATER DEPT./Dennis Koellermeier,Operations Mgr. _CITY ADMINISTRATION/Cathy Wheatley,City Recorder _PUBLIC WORKS/John Roy,Property Manager _PUBLIC WORKS/Matt Stine,Urban Forester ✓PLANNER-POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING! _C.DJSherman Casper,Permit Coord.(soRfcuP re:TIF) I ..., . > I•SPECIAL DISTRICTS _ TUAL HILLS PARK&REC.DIST.*_ TUALATIN VALLEY FIRE&RESCUE* _ TUALATIN VALLEY WATER DISTRICT♦ _ CLEANWATER SERVICES* Planning Manager Fire Marshall Administrative Office Lee Walker/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 • ;LOCAL AND STATEJURISDICi10NS ITY OF BEAVERTON II! CITY OF TUALATIN * _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager 2501 SW First Avenue Jennifer Good ridge _ Irish Bunnell,Development Services 18880 SW Martinazzi Avenue PO Box 59 775 Summer Street NE PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Salem,OR 97301-1279 Beaverton,OR 97076 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING * _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 PO Box 23483 _ Bob Knight,Data Resource Center(ZCA) US ARMY CORPS.OF ENG. Durham,OR 97281-3483 _ Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP_Kathryn Harris )[Mel Huie,Greenspaces Coordinator(CPAz0A) Larry French(comp.Plan Amendments Only) Routing CENWP-OP-G V CITY OF KING CITY* _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,Growth Management Services Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 (/WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(Powedines in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. / Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue V CITY OF LAKE OSWEGO* Routing TTRC–Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 _Brent Curtis(CPA) Lake Oswego,OR 97034 _/Gregg Leion(CPA) _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _nne LaMountai�GAruRB) /CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Marah Danielson,Development Review Coordinator _Phil Healy(IGAA,RB) — David Knowles,Planning Bureau Dir. Regional Administrator _Carl Toland, Right-of-Way Section(vacations) _Steve Conway(General Apps.) Portland Building 106,Rm. 1002 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Sr.Cartographer(CPMZCA)MS 14 1120 SW Fifth Avenue Portland,OR 97201-4987 Portland,OR 97209-4037 _Jim Nims(ZCA)MS 15 Portland,OR 97204 _Doria Mateja(ZCA)MS 14 —ODOT,REGION 1 -DISTRICT 2A —WA.CO.CONSOLIDATED COMMUNIC.AGENCY(WCCCA)"911"(Monopole Towers) Jane Estes,Permit Specialist Dave Austin 5440 SW Westgate Drive,Suite 350 PO Box 6375 Portland,OR 97221-2414 Beaverton,OR 97007-0375 r; ; °.�,, UTILITY PROVIDERS AND SPECIAL°AGENCIES —PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe R/R Predecessor) Robert I.Melbo,President&General Manager 110 W.10th Avenue Albany,OR 97321 _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _AT&T CABLE — TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations only) Pat McGann (If Project is Within''/.Mile of A Transit Route) . 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 —PORTLAND GENERAL ELECTRIC —NW NATURAL GAS COMPANY —VERIZON — QWEST COMMUNICATIONS Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Jeri Cella,Engineering 9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 —.TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 _ AT&T CABLE cueps Ed I la1/14 dsswt Marsha Butler,Administrative Offices Jan Youngquist,Demographics&Planning Dept. Diana Carpenter 6960 SW Sandburg Street 16550 SW Merlo Road 3500 SW Bond Street Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Portland,OR 97232 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN S00' OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). h:tpatty'rmstersxRequest For Comments Notification List 2.doc (Revised: 1/3/03) REQUEST FOR COMMENTS C.OF TIIIGARD Community Devetopment Shaping A Better Community DATE: March 13, 2003 TO: INTERESTED PARTIES[Formerly CIT Members-List Attached] FROM: City of Tigard Planning Division STAFF CONTACT: Morgan Tracy, Associate Planner (x2428) Phone: (503)639-4171/Fax: (503) 684-7297 ZONE ORDINANCE AMENDMENT (ZOA)2003-00001 ➢ HOME OCCUPATIONS CODE AMENDMENT Q REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to allow no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under the Type Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters from the Home Occupation Permit requirements. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.742. Attached is a "DRAFT" of the Proposed Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MARCH 27, 2003. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (4'lease provide the foQowing information)Name of Person(s) Commenting: I Phone Number(s): • • Jack Biethan Louise Fronville 11023 SW Summerfield Drive#4 15760 SW Oak Meadow Lane Tigard, OR 97224 Tigard, OR 97224 Brooks Gaston Tim Esau 10272 SW Meadow Street PO Box 230695 Tigard, OR 97223 Tigard, OR 97281 Don & Dorothy Erdt Ross Sundberg 13760 SW 121st Avenue 16382 SW 104th Avenue Tigard, OR 97223 Tigard, OR 97224 Ellen Beilstein Sue Rorman 14630 SW 139th Avenue 11250 SW 82nd Avenue Tigard, OR 97224 Tigard, OR 97223 Martha Bishop Naomi Gallucci 10590 SW Cook Lane 11285 SW 78th Avenue Tigard, OR 97223 Tigard, OR 97223 Vanessa Foster Michael Trigoboff 13085 SW Howard Drive 7072 SW Barbara Lane Tigard, OR 97223 Tigard, OR 97223 Susan Beilke Dieter Jacobs 11755 SW 114th Place 7775 SW Spruce Street Tigard, OR 97223 Tigard, OR 97223 Nathan and Ann Murdock Alexander Crag head PO Box 231265 12205 SW Hall Boulevard Tigard, OR 97281 Tigard, OR 97223-6210 Kristen Miller David Chapman 8940 SW Edgewood Street 9840 SW Landau Place Tigard, OR 97223 Tigard, OR 97223 Paul Owen Craig Smelter 10335 SW Highland Drive PO Box 1467 Tigard, OR 97224 Tualatin, OR 97062 • • Harold and Ruth Howland Rex Caffall 13145 SW Benish 13205 SW Village Glenn Tigard, OR 97223 Tigard, OR 97223 Kevin Hogan Josh Thomas 14357 SW 133rd Avenue 10395 SW Bonanza Tigard, OR 97224 Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Jon Sirrine 12761 SW 133rd Avenue Tigard, OR 97223 Judith Anderson 16640 SW Jordan Way King City, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 CITY OF TIGARD - CITYWIDE CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT CityWide.doc) UPDATED: March 13, 2003 FLANN IIJG Sc &Em i&y MATERIALS NJ • • A AFFIDAVIT OF MAILING z 'n CITY OF TIGARD Community Development S hoping A Better Community • • I, Tatricia L. Lunforrd being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) ® NOTICE OF PUBLIC NEARING FOR: 10A2003-00001/HOME OCCUPATIONS CODE AMENDMENT (4/21/2003 & 5/13/2003) (File NoJName Reference) (Date of Public Hearing(s) City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission (4/21/2003) Tigard City Council (5/13/2003) . A copy of the said notice being hereto attached, marked Exhibit"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhlbit'B", and by reference made a part hereof, on March 31,2003,and deposited.in the United States Mail on March 31,2003;postage prepaid. AP r e � V (Person tha 'repared Notice) ' STATE OAF O(1ZiEGON ) County o ff Washington )ss. City of Tigard ) Subscribed and sworn/affirmed before me on the Il day of rX ,x2003. OFFICIAL SEAL :--a , DIANE M JELDERKS \Z-4::- NOTARY PUBLIC-OREGON r Y COMMISSION N0. t • MY COMMISSION EXPIRES SEPT.S .07,2003 NO Y PUBLIC OF 0: i i/dex4) . My Commission 3.:- es: 9/7 613 • NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: • THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, EXHIBIT 4 IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY OF TIGARD Community Development Shaping A Better Community PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, APRIL 21, 2003 AT 7:00 PM, AND BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, MAY 13, 2003 AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC ON THE FOLLOWING APPLICATION: FILE NO.: ZONE ORDINANCE AMENDMENT (ZOA) 2003-00001 FILE TITLE: HOME OCCUPATIONS CODE AMENDMENT APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 - REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to allow no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under the Type I Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters from the Home Occupation Permit requirements. LOCATION: Citywide. ZONE: N/A. J APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.742. THE PLANNING COMMISSION'S REVIEW IS FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THIS REQUEST. THE CITY COUNCIL WILL ALSO CONDUCT A HEARING ON THIS REQUEST PRIOR TO MAKING A DECISION ON THIS REQUEST. THE PUBLIC HEARINGS ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES ADOPTED BY THE TIGARD PLANNING COMMISSION AND/OR CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILIN03) 684-2772 GUAL INTERPRETERS FOR HE DEAF) NO LESS PRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438 (VOICE)ONE WE) WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. • • ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION AND CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION OR CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7) DAYS PRIOR TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE PLANNING COMMISSION OR CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR • COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MORGAN TRACY AT (503) 639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL AT morgan @ci.tigard.or.us. - • • Jack Biethan Louise Fronville EXHIBIT 11023 SW Summerfield Drive#4 15760 SW Oak Meadow Lane Tigard, OR 97224 Tigard, OR 97224 Brooks Gaston Tim Esau 10272 SW Meadow Street PO Box 230695 Tigard, OR 97223 Tigard, OR 97281 Don & Dorothy Erdt Ross Sundberg 13760 SW 121st Avenue 16382 SW 104th Avenue Tigard, OR 97223 Tigard, OR 97224 Ellen Beilstein Sue Rorman 14630 SW 139th Avenue 11250 SW 82nd Avenue Tigard, OR 97224 Tigard, OR 97223 Martha Bishop Naomi Gallucci 10590 SW Cook Lane 11285 SW 78th Avenue Tigard, OR 97223 Tigard, OR 97223 Vanessa Foster Michael Trigoboff 13085 SW Howard Drive 7072 SW Barbara Lane Tigard, OR 97223 Tigard, OR 97223 Susan Beilke Dieter Jacobs 11755 SW 114th Place 7775 SW Spruce Street Tigard, OR 97223 Tigard, OR 97223 Nathan and Ann Murdock Alexander Crag head PO Box 231265 12205 SW Hall Boulevard Tigard, OR 97281 Tigard, OR 97223-6210 Kristen Miller David Chapman 8940 SW Edgewood Street 9840 SW Landau Place Tigard, OR 97223 Tigard, OR 97223 Paul Owen Craig Smelter 10335 SW Highland Drive PO Box 1467 Tigard, OR 97224 Tualatin, OR 97062 • • • • Harold and Ruth Howland Rex Caffall 13145 SW Benish 13205 SW Village Glenn Tigard, OR 97223 Tigard, OR 97223 Kevin Hogan Josh Thomas 14357 SW 133rd Avenue 10395 SW Bonanza Tigard, OR 97224 Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Jon Sirrine 12761 SW 133rd Avenue Tigard, OR 97223 Judith Anderson 16640 SW Jordan Way King City, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 CITY OF TIGARD - CITYWIDE CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT CityWide.doc) UPDATED: March 13, 2003 • • FAX TRANSMITTAL iIG� CITY OF TIGARD Community(Development Shaping Better Community DATE: April 21, 2003 TO: Sylvia MaKinster, Legals Section/Community Newspapers (Fax) 503-620-3433 FROM: Patricia Lunsford, City of Tigard Planning Division (Phone) 503-639-4171, x320. PLACE UNDER CITY OF TIGARD LOGO LEGAL NOTICE SECTION OF TIGARD TIMES,THE FOLLOWING: The following will be considered by the Tigard Planning Commission on Monday April 21, 2003 at 7:00 PM at the Tigard Civic Center- Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Public oral or written testimony is invited. The public hearing on this matter will be held under Title 18 and rules of procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060E. The Planning Commission's review is for the purpose of making a recommendation to the City Council on the request. The Council will then hold a public hearing on the request prior to making a decision. Further information may be obtained from the City of Tigard Planning Division at 13125 SW Hall Blvd., Tigard, Oregon 97223 or by calling 503-639-4171. PUBLIC HEARING ITEM: ZONE ORDINANCE AMENDMENT (ZOA) 2003-00001 ➢ HOME OCCUPATIONS CODE AMENDMENT < REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to allow no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under the Type I Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters from the Home Occupation Permit requirements. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.742. (THERE IS NO MAP TO BE PUBLISHED WITH THIS NEWSPAPER PUBLICATION. THANK YOU) TT PUBLISH DATE: APRIL 3, 2003 • • FAX TRANSMITTAL 1_y� CITY OF TIGARD Community cDeve(opment Shaping Better Community DATE: April 18, 2003 TO: Sylvia MaKinster, Legals Section/Community Newspapers (Fax) 503-620-3433 FROM: Patricia Lunsford, City of Tigard Planning Division (Phone) 503-6394171, x320. PLACE UNDER CITY OF TIGARD LOGO LEGAL NOTICE SECTION OF TIGARD TIMES,THE FOLLOWING: The following will be considered by the Tigard City Council on Tuesday May 13, 2003, at 7:30 PM at the Tigard Civic Center- Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Public oral or written testimony is invited. The public hearing on this matter will be held under Title 18 and rules of procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060E. Further information may be obtained from the City of Tigard Planning Division at 13125 SW Hall Blvd., Tigard, Oregon 97223 or by calling 503-639-4171. PUBLIC HEARING ITEM: ZONE ORDINANCE AMENDMENT (ZOA) 2003-00001 ➢ HOME OCCUPATIONS CODE AMENDMENT Q REQUEST: To amend the Home Occupation requirements within the Tigard Development Code to allow no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under the Type I Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters from the Home Occupation Permit requirements. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.742. (THERE IS NO MAP TO BE PUBLISHED WITH THIS NEWSPAPER PUBLICATION. THANK YOU) TT PUBLISH DATE: APRIL 24, 2003 • • A 120 DAYS = N/A CITY� - OF TIGARD Community(Development Shaping A Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE TIGARD CITY COUNCIL Case Number: ZONE ORDINANCE AMENDMENT(ZOA) 2003-00001 Case Name: HOME OCCUPATIONS CODE AMENDMENT Names of Owners: N/A Name of Applicant: City of Tigard Address of Applicant: 13125 SW Hall Boulevard Tigard, OR 97223 Address of Property: Citywide Tax Map/Lot Nos.: N/A A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A ZONE ORDINANCE AMENDMENT (ORDINANCE NO. 03-??). THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON APRIL 21 2003 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON MAY 13 2003 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Subject: > To amend the Home Occupation requirements within the Tigard Development Code to allow no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under the Type I Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters from the Home Occupation Permit requirements. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.742. Action: > ® Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: ® Affected Government Agencies ® The Affected Citizen Involvement Team Final Decision: THIS IS THE FINAL DECISION BY THE CITY AND BECOMES EFFECTIVE ON , 2003. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. 'Form 2 DLCD NOTICE OF ADOPTION This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610 and OAR Chapter 660 - Division 18 (See reverse side for submittal requirements) Jurisdiction: City of Tigard Local File No.: ZOA2003-00001 (If no number,use none) Date of Adoption: May 13, 2003 Date Mailed: May 15, 2003 (Must be filled in) (Date mailed or sent to DLCD) Date this proposal was sent or mailed: March 4, 2003 (48 days) (Date mailed or sent to DLCD) Comprehensive Plan Text Amendment _ Comprehensive Plan Map Amendment X Land Use Regulation Amendment _ Zoning Map Amendment New Land Use Regulation _ Other: (Please Specify Type of Action) Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached." To amend the Home Occupation requirements within the Tigard Development Code to allow no more than 5 weekly customers or clients between the hours of 8:00 AM to 8:00 PM under the Type I Home Occupation Permit, and to add verbiage acknowledging telecommuting and exempt telecommuters from the Home Occupation Permit requirements. Describe how the adopted amendment differs from the proposed amendment. If it is the same, write "Same." If you did not give notice for the proposed amendment, write "N/A." (Same) Plan Map Change from: N/A to N/A Zone Map Change from: N/A to N/A Location: Citywide Acres Involved: N/A Specify Density: Previous: N/A New: N/A Applicable Statewide Planning Goals: 1 & 2. Was an Exception adopted? Yes: _ No: X DLCD File No.: • 'dorm 2 Did the Department of Land Conservation and Development receive a Notice of Proposed Amendment FORTY FIVE (45) days prior to the first evidentiary hearing? Yes: X No: If no, do the Statewide Planning Goals apply. Yes: _ No: _ If no, did The Emergency Circumstances Require immediate adoption. Yes: _ No: _ Affected State or Federal Agencies, Local Governments or Special Districts: DLCD, Metro, ODOT and the City of Tigard. • Local Contact: Morgan Tracy, Associate Planner Area Code + Phone Number: 503-639-4171 Address: 13125 SW Hall Boulevard City: Tigard, OR Zip Code + 4: 97223-8189 ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610 and OAR Chapter 660-Division 18 1. Send this Form and Two (2) Copies of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITAL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 COPY TO: Metro Land Use & Planning ODOT—Region 1, District 2-A 600 NE Grand Avenue Jane Estes, Permit Specialist Portland, OR 97232-2736 5440 SW Westgate Drive, Suite 3 Portland, OR 97221-2414 2. Submit Two (2) copies of adopted material, if copies are bounded please submit two (2) complete copies of documents and maps. 3. Please Note: Adopted materials must be sent to DLCD not later than five (5) working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will be extended if you do not submit this Notice of Adoption within five working days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, the "Notice of Adoption" is sent to DLCD. 6. In addition to sending the "Notice of Adoption" to DLCD, you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can copy this form to 8-1/2x11 green paper only ; or call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or Email your - request to Larry.French(o�state.or.us —ATTENTION: PLAN AMENDMENT SPECIALIST. Fora 1 - • • rAN O I OTI CE OF PROPOSED AMENDME c:::?), is form must be received by DLCD at least 45 days prior to the first evidentia he per ORS 197.610, OAR Chapter 660 - Division 18 and Senate Bill 543 and effective on June 30, 1999 (See reverse side for submittal requirements) Jurisdiction: City of Tigard Local File No.: ZOA2003-00001 (If no number,use none) - Date of First Evidentiary Hearing: 4/21/2003 Date of Final Hearing: 5/13/2003 (Must be filled in) (Must be filled in) Date this proposal was sent or mailed: March 4, 2003 (48 days) (Date mailed or sent to DLCD) Has this proposal been submitted to DLCD? _Yes X No Date: N/A Comprehensive Plan Text Amendment _ Comprehensive Plan Map Amendment X Land Use Regulation Amendment _ Zoning Map Amendment New Land Use Regulation _ Other: (Please Specify Type of Action) Briefly summarize the proposal. Do not use technical terms. Do not write "See Attached." A Zone Ordinance Amendment to amend the current home occupation rules to allow for a limited number of customers to visit the residence under the Type I home occupation permit rules. Plan Map Change from: N/A to N/A Zone Map Change from: N/A to N/A Location: Citywide Acres Involved: N/A Specified change in Density: Current: N/A Proposed: N/A Applicable Statewide Planning Goals: 1 & 2. Is an Exception proposed?_Yes X No Affected State or Federal Agencies, Local Governments or Special Districts: City of Tigard Local Contact: Morgan Tracy, Associate Planner Area Code + Phone Number: (503) 639-4171 Address: 13125 SW Hall Boulevard City: Tigard, OR Zip Code + 4: 97223-8189 DLCD No.: Form 1 • • SUBMITTAL REQUIREMENTS This form must be received by DLCD at least 45 days prior to the first evidentiary hearing per ORS 197.610, OAR Chapter 660-Division 18 and Senate Bill 543 and effective on June 30, 1999. 1. Send this Form and Two12) Copies of the Proposed Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITAL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 COPIES TO: Metro Land Use & Planning 600 NE Grand Avenue Portland, OR 97232-2736 ODOT—Region 1, District 2-A Jane Estes, Permit Specialist 5440 SW Westgate Drive, Suite 3 Portland, OR 97221-2414 2. Unless exempt by ORS 197.610 (2), proposed amendments must be received at the DLCD's SALEM OFFICE at least FORTY-FIVE (45) before the first evidentiary hearing on the proposal. The first evidentiary hearing is usually the first public hearing held by the jurisdiction's planning commission on the proposal. 3. Submittal of proposed amendments shall include the text of the amendment and any other information the local government believes is necessary to advise DLCD of the proposal. "Text" means the specific language being added to or deleted from the acknowledged plan or land use regulations. A general description of the proposal is not adequate. 4. Submittal of proposed "map" amendments must include a map of the affected area showing existing and proposed plan and zone designations. The map should be on 8 1/2 x 11 inch paper. A legal description, tax account number, address or general description is not adequate. 5. Submittal of proposed amendments which involve a goal exception must include the proposed language of the exception. 6. Need More Copies? You can copy this form on to 8-1/2x11 green paper only8-1/2x11 green paper only; or call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or email your request to Larry.French(a�state.or.us — ATTENTION: PLAN AMENDMENT SPECIALIST. • • ZOA2003-00001 HOME OCCUPATION AMENDMENT PROPOSED DEVELOPMENT CODE TEXT CHANGES ADDITIONS: Indicated by UNDERLINE&;SHADING DELETIONS: Indicated by STRIKETHRU Home Occupations 18.742-1 11/26/98 Chapter 18.742 HOME OCCUPATIONS Sections: 18.742.010 Purpose 18.742.020 Applicability and Exemptions 18.742.030 Nonconforming Uses 18.742.040 General Approval Criteria and Standards 18.742.050 Type I and Type II Home Occupations Defined 18.742.060 Permit Procedures for Type I and Type II Home Occupations 18.742.070 Revocation and Expiration of Home Occupation Permits 18.742.080 Business Tax Certificate Required 18.742.010 Purpose A. Purposes. It is the purpose of this chapter to: 1. Permit residents an opportunity to use their homes to engage in small-scale business ventures which could not be sustained if it were necessary to lease commercial quarters, or because the nature of the activity would make it impractical to expand to a full-scale enterprise; and 2. Establish approval criteria and standards to ensure that home occupations are conducted as lawful uses which are subordinate to the residential use of the property and are conducted in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties and residents. 3. Encoura•e telecommutin• to reduce traffic con•estion, total vehicle miles traveled and air pollution and to increase safe in the neighborhoods by maintaining a •resence during the work day. • 18.742.020 Applicability and Exemptions A. Compliance with this chapter. No person shall carry on a home occupation, or permit such use to occur on property which that person owns or is in lawful control of, contrary to the provisions of this chapter. • • B. Exemptions. Exemptions from the provisions of this chapter are: 1. Garage sales; 2. For-profit production of produce or other food products grown on the premises. This may include temporary or seasonal sale of produce or other food products grown on the premises. Farming activities shall be consistent with the definition of agriculture/horticulture contained in Chapter 18.130, Use Classifications; 3. Hobbies which do not result in payment to those engaged in such activity; 4. Proven no nconform ing home occupations as per Section 18.742.030. 5. Persons workin• from home b the use of an electronic linku• with a central off-site office (i.e. telecommuters): 18.742.030 Nonconforming Uses A. Nonconforming home occupations. On-going home occupations may be granted nonconforming status provided that they were: 1. Permitted under County authority prior to annexation to the City and have been in continuous operation since initial approval; 2. Permitted under City authority prior to 1983 and have since been in continuous operation. B. Governing regulations. Nonconforming home occupations will be regulated as a nonconforming situation, per the following: 1. A nonconforming situation is further governed by Chapter 18.760, Nonconforming Situations. Such use may continue until the use is expanded or altered so as to increase the level of non- compliance with this title; 2. The burden of proving a home occupation's nonconforming status rests with the property owner or tenant. C. Violations. Home occupations without City or County approval which cannot prove nonconforming status shall be considered in violation of this chapter and shall cease until the appropriate approvals have been granted. 18.742.040 General Approval Criteria and Standards A. General criteria. All home occupations except those that have proven nonconforming status shall observe the following criteria in addition to the standards established for Type I and Type II Uses described in Section 18.745.050 of this chapter. 1. Home occupations may be undertaken only by the principal occupant(s) of a residential property; 2. There shall be no more than three deliveries per week to the residence by suppliers; 3. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the operation. Home occupations shall observe the provisions of Chapter 18.725, Environmental Performance Standards; 4. The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure. The total area which may be used in the accessory building for either material product storage and/or the business activity shall not exceed 528 square feet. Otherwise, the home occupation and associated storage of materials and products shall not occupy more than 25% of the combined residence and accessory structure gross floor area, but in no case shall the portion of the home occupation occupying the accessory use exceed 528 feet. The indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building, fire, health and housing codes; • • 5. A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit. Any accessory building that is used must meet Uniform Building Code requirements; 6. More than one business activity constituting two or more home occupations shall be allowed on one property only if the combined floor space of the business activities does not exceed the limitation of space imposed in Section 4 above. Each home occupation shall apply for a separate home occupation permit, if required as per this chapter, and each shall also have separate Business Tax Certificates; 7. There shall be no storage and/or distribution of toxic or flammable materials, and spray painting or spray finishing operations that involve toxic or flammable materials which in the judgment of the Fire Marshal pose a dangerous risk to the residence, its occupants, and/or surrounding properties. Those individuals which are engaged in home occupations shall make available to the Fire Marshal for review the Material Safety Data Sheets which pertain to all potentially toxic and/or flammable materials associated with the use. 8. No home occupation shall require any on or off-street parking other than that normally required for a residence; 9. The following uses are not allowed as home occupations: a. Auto-body repair and painting; b. On-going mechanical repair conducted outside of an entirely-enclosed building; c. Junk and salvage operations; d. Storage and/or sale of fireworks. 10.There shall be no exterior storage of vehicles of any kind used for the business except that one commercially licensed vehicle of not more than three-quarters ton gross vehicle weight (GVW) may be parked outside of a structure or screened area. 18.742.050 Type I and Type II Home Occupations Defined A. Type I and II home occupations defined. Home occupations shall be administered as either Type I or Type II uses. A separate home occupation permit and/or fee is required for each property on which a Type II home occupation is undertaken. In addition to the general criteria outlined in Section 18.742.040, home occupations shall observe the following additional standards: 1. Type I Home Occupations: The following characteristics of a Type I home occupation shall be prohibited: a. Outside volunteers or employees to be engaged in the business activity other than the persons principally residing on the premises; b. Exterior signs which identifies the property as a business location; c. No more than five weekly-(Monday to Sunday) clients or customers. ; 'Customers and clients shall not visit the business between the hours of 8:00 PM and 8:00 AM. d. Exterior storage of materials. 2. Type II Home Occupations: Property on which a Type II home occupation is located may show evidence that a business is being conducted from the premises. Therefore the following is allowed for Type II home occupations: a. One non-illuminated sign, not exceeding 1.5 square feet, which shall be attached to the residence or accessory structure or placed in a window; b. No more than one outside volunteer or employee who is not a principal resident of the premises; • • c. No more than six daily customers or clients. Customers and clients may not visit the business between the hours of 10:00 PM and 8:00 AM and shall not generate excessive traffic or monopolize on-street parking; d. Storage of materials, goods, and equipment which is screened entirely from view by a solid fence. Storage shall not exceed five percent of the total lot area and shall not occur within the front yard or the required side yard setback. 18.742.060 Permit Procedures for Type I and Type II Home Occupations A. Type I home occupation permit. A Type I home occupation permit will be processed by means of a Type I procedure, as governed by Section 18.390.030, after a demonstration that the proposal complies with all development criteria in Sections 18.742.040A and 18.742.050 Al. B. Type II home occupation permit. A Type II home occupation permit will be processed by means of a Type II procedure, as governed by Section 18.390.040, after a demonstration that the proposal complies with all development criteria in Sections 18.742.040A and 18.742.050 A2. and subject to the following approval criteria: 1. Is in conformance with the standards contained in this chapter; and 2. Will be subordinate to the residential use of the property; and 3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or operation to neighboring properties and residents. C. Conditions of approval. The Director may impose conditions upon the approval of a Type II home occupation permit to ensure compliance with the requirements of this chapter. These conditions may include, but are not limited to, the following: 1. Further limiting the hours, days, place and manner of operation; 2. Requiring site and building design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and dust; 3. Requiring additional building setbacks, and increased lot area, depth or width; 4. Further limiting the building area and outdoor storage used by the home occupation and restricting the location of the use on the site in relationship to adjoining uses; 5. Designating the size, number, location and design of vehicle access points; 6. Requiring street right-of-way to be free at all times of vehicles associated with the home occupation; 7. Requiring landscaping, buffering and/or screening, of the home occupation from adjoining uses and establishing standards for the continued maintenance of these improvements; 8. Requiring storm drainage improvements, and surfacing of parking and loading areas; 9. Limiting the extent and type of interior or exterior building remodeling necessary to accommodate the home occupation; 10.Limiting or setting standards for the location and intensity of outdoor lighting; 11.Requiring and designating the size, height and location of fences and materials used for their construction; 12.Requiring the protection and preservation of existing trees, and other vegetation, watercourses, slopes, wildlife habitat areas and drainage areas; 13.Limiting the type and number of vehicles or equipment to be parked or stored on the site; and 14.Any other limitations which the Director considers to be necessary or desirable to make the use comply with the purposes stated in Sections 18.745.040 and 18.742.050. •! • 18.742.070 Revocation and Expiration of Home Occupation Permits A. Grounds for revocation. The Director may: 1. Revoke a home occupation approval if the conditions of approval have not been or are not being complied with and the home occupation is otherwise being conducted in a manner contrary to this chapter. 2. The Director shall approve the use as it exists, revoke the home occupation permit, or compel measures to be taken to ensure compatibility with the neighborhood and conformance with this chapter after reviewing a complaint. Complaints may be originated by the City of Tigard or the public. Complaints from the public shall clearly state the objection to the home occupation, such as: a. Generation of excessive traffic; b. Exclusive use of on-street parking spaces; c. Other offensive activities not compatible with a residential neighborhood. B. Cessation of home occupation pending review. If it is determined by the Director in exercise of reasonable discretion, that the home occupation in question will affect public health and safety, the use may be ordered to cease pending Hearings Officer review and/or exhaustion of all appeals. C. Waiting period for re-application. When a home occupation permit has been revoked due to violation of these standards, a minimum period of one year shall elapse before another application for a home occupation on the subject parcel will be considered. D. Invalidation of permit. A home occupation permit shall become invalid if the applicant moves his or her residence. 18.742.080 Business Tax Certificate Required A. Granting of business tax certificate. No business tax certificate will be issued for a home occupation until: 1. The person wishing to engage in a Type I home occupation pays the one-time review fee and agrees to comply with the provisions of this chapter; or 2. The applicant for a Type II home occupation has been approved and the application certifies that the home occupation will be operated in strict compliance with the provisions of this chapter and the conditions of approval. Miscellaneous Permits 18.385-3 11/26/98 18.385.020 Home Occupation Permits A. Type I home occupation permit. A Type I home occupation permit will be processed by means of a Type I procedure, as governed by Section 18.390.030, after a demonstration that the proposal complies with all development criteria in Sections 18.742.040A and 18.742.050 Al. B. Type II home occupation permit. A Type II home occupation permit will be processed by means of a Type II procedure, as governed by Section 18.390.040, after a demonstration that the proposal complies with all development criteria in Sections 18.742.040A and 18.742.050 A2. and subject to the following approval criteria: 1. Is in conformance with the standards contained in this chapter; and 2. Will be subordinate to the residential use of the property; and 3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or operation to neighboring properties and residents. • C. Conditions of approval. The Director may impose conditions upon the approval of a Type II home occupation permit to ensure compliance with the requirements of this chapter. These conditions may include, but are not limited to, the following: 1. Further limiting the hours, days, place and manner of operation; 2. Requiring site and building design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and dust; 3. Requiring additional building setbacks, and increased lot area, depth or width; 4. Further limiting the building area and outdoor storage used by the home occupation and restricting the location of the use on the site in relationship to adjoining uses; 5. Designating the size, number, location and design of vehicle access points; 6. Requiring street right-of-way to be free at all times of vehicles associated with the home occupation; 7. Requiring landscaping, buffering and/or screening, of the home occupation from adjoining uses and establishing standards for the continued maintenance of these improvements; 8. Requiring storm drainage improvements, and surfacing of parking and loading areas; 9. Limiting the extent and type of interior or exterior building remodeling necessary to accommodate the home occupation; 10.Limiting or setting standards for the location and intensity of outdoor lighting; 11.Requiring and designating the size, height and location of fences and materials used for their construction; 12.Requiring the protection and preservation of existing trees, and other vegetation, watercourses, slopes, wildlife habitat areas and drainage areas; 13.Limiting the type and number of vehicles or equipment to be parked or stored on the site; and 14.Any other limitations which the Director considers to be necessary or desirable to make the use comply with the purposes stated in Sections 18.745.040 and 18.742.050. D. Grounds for revocation. The Director may: 1. Revoke a home occupation approval if the conditions of approval have not been or are not being complied with and the home occupation is otherwise being conducted in a manner contrary to this chapter. 2. The Director shall approve the use as it exists, revoke the home occupation permit, or compel measures to be taken to ensure compatibility with the neighborhood and conformance with this chapter after reviewing a complaint. Complaints may be originated by the City of Tigard or the public. Complaints from the public shall clearly state the objection to the home occupation, such as: a. Generation of excessive traffic; b. Exclusive use of on-street parking spaces; c. Other offensive activities not compatible with a residential neighborhood. E. Cessation of home occupation pending review If it is determined by the Director in exercise of reasonable discretion, that the home occupation in question will affect public health and safety, the use may be ordered to cease pending Hearings Officer review and/or exhaustion of all appeals. F. Waiting period for re-application. When a home occupation permit has been revoked due to violation of these standards, a minimum period of one year shall elapse before another application for a home occupation on the subject parcel will be considered. G. Invalidation of permit. A home occupation permit shall become invalid if the applicant moves his or her residence. • • U.S Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) r-1 2 F F 1 Ii A • Ii S co U- Postage $ �✓ �/n• -----{ m Er- Certified Fee O . , G4''; A u Postmark rl Return Receipt Fee //�' �1 Here O (Endorsement Required) r z,.,pb '� ti i�v r GI Restricted Delivery Fee 0.. r y (Endorsement Required) 4r ICI Total Postage&Fees $ i `'ti ✓g ra IATTN: PLAN AMENDMENT SPECIALIST ra (Oregon Dept. of Land Conservation & Development o 635 Capital Street NE, Suite 150 N !Salem, OR 97301-2540 PS Form 3800,January 2001 See Reverse for Instructions p SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ' ■ Complete items 1,2,and 3.Also complete A. Signature j item 4 if Restricted Delivery is desired. �� ❑Agent a • Print yourname and address on the reverse ❑Addressee I ( so that we can return the card to you. g. Rec-ive• •y(Printed N-me) C. Date of Delivery , 1 • Attach"this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes __--—__"_.,'5,enter delivery address below: ❑ No ATTN: PLAN AMENDMENT SPECIALIST Oregon Dept. of Land Conservation &Development 335 Capital Street NE, Suite 150 Salem, OR 97301-2540 I` 3. Service Type i ( Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise l ❑ Insured Mail ❑ C.O.D. l 4. Restricted Delivery?(Extra Fee) ❑Yes 1 2. Article Number 7001 114❑ 0001 9398 2 0 31 1 (Transfer from service label) y PS Form 3811,August 2001 Domestic Return Receipt 102595-o1-M-2509 • • U.S. Postal ServiceTM m CERTIFIED MAILTM RECEIPT _13 (Domestic Mail Only;No Insurance Coverage Provided) ° For delivery information visit our website at www.usps.cotn® ° OFFPCI L USE M1 Postage $ . m Certified Fee MEM ° Return Reciept Fee {lj G. Postmark (Endorsement Required) 7 ( ft Here ° Restricted Delivery Fee �yti J/1/ r R (Endorsement Required) ••.�!� ru Total Postage&Fees 111MMI ru Sent To ° Metro - ° &lreet,Apt.No.; ATTN: LAND USE & PLANNING . -_ or PO Box No. !600 NE Grand Avenue City,stare,zeta Portland, OR 97232-2736 PS Form 3800,June 2002 See Reverse for Instructions • SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete '= item 4 if Restricted Delivery is desired. , �/ Agent M. Print your name and address on the reverse i Addressee so that we can return the card to you. Received by(Printed Name) C. Da e of Delivery • Attach this card to the back of the mailpiece, )/J2A-� n�a �/ �3 D� or on the front if space permits. �l' I D. Is delivery address different from item 1? ❑Yes • 1. Article Addressed to: If YES,enter delivery address below: ❑ No Metro ,ATTN: LAND USE & PLANNING 600 NE Grand Avenue 3. Service Type i Portland, OR 97232-2736 Certified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7002 2 410 0003 7 0 4 6 0 613 PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509 • • • U.S. Postal ServiceTM rev CERTIFIED MAILTM RECEIPT _D (Domestic Mail Only;No Insurance Coverage Provided) CI For delivery information visit our website at www.usps.come a Postage $ 6�in% 0 Certified Fee ci EReturn Reciept Fee Postmark . H( ndorsement Required) [ s � , O Restricted Delivery Fee �':Ai I t ,-q (Endorsement Required) `°�.•„ •- - • Total Postage&Fees NZMI OSent To I o ; ODOT.—Region 1, District 2-A r- 3treet,Apr.No.; i Jane Estes, Permit Specialist or PO Box Na City,State,zIP+4 5440 SW Westgate Drive, Suite 350 Portland, OR 97221-2414 PS Form 3800,June 2002 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ` • • Complete items 1,2,and 3.Also complete A. Si•nature, item 4 if Restricted Delivery is desired. X ❑Agent y r W �n� V 0 Addre ssee • Print your name and address on the reverse so that we can return the card to you. B. Received by(Printed Name) C. Date•'Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? G es 1. Article Addressed to: 'a ~` If YES,enter delivery address below: ❑ No 'f r,, ODOT—Region 1, District 2-A • Jane Estes, Permit Specialist `S?On, r_� 5440 SW Westgate Drive, Suite 350 3. Service Type �/ Portland, OR 97221-2414 �l O n 1�Certified Mail��ExprMail ❑ Registered ❑`Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes - -- j l 2. Article Number 7002 2410 0003 7046 0620 (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509. -' ITJAL SURV6y REssacH 5usv€y fEsuL!rs • 411 Home Occupations ♦ Survey of other jurisdictions - ♦ Standards and approaches vary ♦ City of Tigard amended HOP regulations in 1991 ♦ Greatest issues related to S.Walker ley 8egaest- • Traffic • Impact on neighborhood • Equity with all types of instruction ♦ Traffic • Dwelling Unit= 10 vehicle trips per day • 6 customers = 12 vehicle trips per da • 60 customers per week=average 3L trips per day(5 days a week) ♦ Fees • Established to cover cost of processing • One time permit . Home Occu •ation Surve r Use City Types Who Fee Expiration Deliveries Customers Employees Siz a Bus.Tax Hours Signs Prohibitions Notes L Tigard Type I Principal $30 None No more None None 528 sq.ft. $55 8 a— 10 p 11a 1.5 No auto repair, More than 1 Occupants ($172 than 3 per sq.ft. mech repair,junk allowed per Only URB) week salvage, dwelling fireworks Type Principal $545 None - No more than One - $55 - - - - II Occupants ($883 6 per day Only URB) Beaverton No Permanent N/A N/A N/A 5 or less None N/A $50 N/A 2 sq.ft. No retail sales, - No permit is Type Residents display graphics required if HOP Only or banners doesn't reach • Type,l l limits (- Staff indicates if more traffic, `may not approve Type Permanent $100 5 years N/A 6 or more One N/A $50 N/A - - II Residents Only Lake Oswego Type I Family Only Only Yearly None N/A None 25%floor $75 N/A None Can't alter Staff says under Bus. Lic. area neighboythood broad character parameters of neighborhood charter would deny or prohibit if too much traffic and neighbor complaints King City Type I Tenants Only Bus. Lic. Yearly None None None N/A $100 first N/A None N/A Code says home year office generating $50 each no traffic to site add'I year and no outward appearance of business Portland Type I Residents Bus. Tax. 2 years 8 a—5 p None None None 2.2%of net 7 a—9 p 10 feet -No repair, Only income over engines, vehicles $25, 000 - Dispatch services - - No HOP if have necessary dwelling unit Type Residents Bus. Tax. 2 years 8 a—5 p No more than One None '/ 7 a—9 p 10 feet - - II Only _ 8 per day L City Types Who Fee Expiration Deliveries Customers Employees Size Bus.Tax Hours Signs Provisions Notes West Linn Type I Habitants $100 None No more No more than Up to 3 20%floor $430 if N/A None N/A - than 5 per 5 per day area or employees day including 300 sq.ft. including delivery, customers excluding pupils Type II Habitants $875 None No more No more than Up to 3 30%floor $30 N/A None N/A - than 10 per 10 per day area or day including 500 sq.ft. including delivery, customers excluding pupils ckamas Type II Residents $177 Annual N/A . . No more than No more than N/A N/A N/A 30 sq.ft. -Type II, no -Only Type II's unty Only 5 vehicle trips 5, vehicles over are reviewed, No more than - 11,000 lbs. rest are 5 -2 vehicles for accessory uses repairs Forest Grove Type I Family $59 for 10 10 years N/A Traffic not to N/A 20% of main N/A N/A None N/A - Members years exceed building (to be normal single increased) family Gresham Type I Permanent $25 Annual None None None 50%floor $36 7 a— 10 p None Vehicle repair New code Residents (except area and postal, maintenance, FedEx, dismantling, UPS) crew staging, industrial Type II Permanent $250 for 2 2 years None No Limit One 50%floor $36 7 a— 10 p None Vehicle repair New code Residents years (except area and ,. postal, maintenance, FedEx, dismantling, UPS) crew staging, _ industrial Tualatin Type I Permanent See Notes See Notes Not over 2 Only by None N/A $50 N/A 1 sq. ft. C-6, CC, MC - No display Residents ton trucks telephone or inside and M6 users -While Tualatin mail, except window has code counselors or provisions, they tutoring do not process permits and are looking at developing new requirements