Ordinance No. 87-20 CITY OF TIGARD, OREGON
ORDINANCE NO, 87-c) 1
AN ORDIANCE TO AMEND CHAPTER 18. 142 OF THE COMMUNITY DEVELOPMENT CODE - HOME
OCCUPATIONS (ZOA 7-86)
WHEREAS, the City of Tigard finds it necessary to revise its Community
Development Code periodically to improve the operation and implementation of !.
the Code; and
:
planning staff made. recommendation of findings on home
WHEREAS, the p g 9
occupations to the City of Tigard Planning Commission at three public hearings
on October 7, October 21st, and November 18, 1986; and
WHEREAS, the City of Tigard Planning Commission voted to recommend approval of {
ZOA 7-86 at its regular meeting on December 2: 1986; and !
WHEREAS, the Tigard City Council held a public hearing on the proposed changes
on D4ccmber 15, 1986, January 26, and March 16, 1987, and May 4, 1987.
-
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Community Development Code shall be amended as shown in
Exhibit "A". Language to be added is UNDERLINED. Language to be
deleted is shown in [BRACKETS3•
�r Section 2: That this Ordinance shall be effective on and after the 31st day
• ' after its passage by the Council and approval by the Mayor.
PASSED: By vote of all Council members present after -
being read by number and title only, this �-� day
of
G M I�,QJ!1t%inQ
Breen-it--dit�aen;-Ertg-RScord"r U
Catherine Wheatley, Deputy Recorder
APPROVED: This `7 day of G� � 1987,
Thomas M. Brian, Mayor
DAS:bs2693P
ORDINANCE NO. 87-
Page 1
EXHIBIT "A"
i8.i42 HOME OCCUPATIONS
s
18 142.010 Purpose
t
f
It is the purpose of this Chapter to regulate home occupations in residential
commercial and industrial zones in a manner that will ensure that the use is:
`1) A secondary. lawful use to the primary residential use of the '
premises upon which they are found, and
(2) Not disruptive on the residential area.
The_purpose of this Chapter is also to' 1) permit residents of the community
a choice in the use of their homes as a place of livelihood and the production
or supplementing of personal income and family income; and 2) establish
criteria and development standards for home occupations conducted in dwelling
units and accessory structures in residential commercial and industrial
zones.
The standards contained in this Chapter are intended to assure that home
occupations will be compatible and consistent with the residential uses and
will not have a detrimental effect on the neighboring properties, and the
neighboring residents.
The standards contained in this Chapter are intended to promote the efficient
use of public services and facilities _y assuring these services are provided
to the residential population for which they were planned_ andconstructed
rather than for commerr..ial or industrial uses.
wMF OCCUPATIONS ZOA' 7--86 PAGE i
4
i
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 ;
E
provisions of this ordinance and without first obtaining or insuring that
there has been obtained a permit for such use in the manner provided by this
Chapter where a permit is required.
(
It is not the intent of this Chapter to regulate hobbies. A home occupation
As to be geared ultimately towards financial pain.
E
6[i
5
z
18.142.020 Exemptions
a Garage sales Care exempt from the provisions of this Chapter.]
]
(b) Sale of produce or other food products grown on the premises.
k.
Lc) Not—for—profit hobbies. :
f'
(d) Babysitters as defined in Section 18.42.020(a)(11) of the Code. i --
Proven nonconforming uses (see Section 18.142.045 below).
18.142.030 Administration and Approval Process
(a) The applicant of a home occupation proposal shall be the
occupant of the property.
For a single home occupation carried on at two or more Tigard
residences, one joint business tax application shall be required
Y
but each business partner must apply for a separate home
occupation permit.
HOME OCCUPATTONS ZOA 7-86 — PAGE 2
0
[(b)] isl A Pre--Application Conference with City staff is required in
accordance with Section 18.32.040.
[(c)] 1 Due to possible changes in State statutes, or regional or local
policy, information given by staff to the applicant during the
Pre--Application Conference is valid for not more than 6 months.
(1) Another Pre-Application Conference is required if any
application is submitted 6 months after the Pre-Application.
2 Failure of the Director to provide an of the information
( ) r p y
required by this Chapter shall not constitute a waiver of
the standards, criteria or requirements of the application.
}
- [(d)] Kel The Director shall approve, approve with conditions or deny any
application for a home occupation. The Director shall apply the
standards set forth in Section 18.142.050 of this Chapter when
�y
y -au,ewing an nor:lication for a home occupation.
3
[(e)] (fj Notice of the Director's decision shall be given as provided by
18.32.120. The decision of the approval authority may be
3 appealed in accordance with Sections 18.32.310(a);
Violation of the provisions of this Chapter constitutes a Class
I Civil Infraction and shall ;De enforced as provided in Section
5.04.180 of the Tigard Municipal Code._
A'
"-ME exv+yionTTnMq 70A 7-AL - PACE 3
t
18.142.032 NoaSgnforming Home Occupations --
Certain types of uses may be granted nonconforming status by the City:
r
Home occupations under County authority prior to annexation to the
City which have been in continuous operation, and
Lal which have been; or
would have been found to meet the County's requirements.
Home occupations under City authority which have been in continuous
operation and which be an operation prior to 1983.
The burden of proving a nonconforming status which preserves nonconforming
rights rests with the property owner or tenant. Such a status if, further
governed by the regulations contained in Chapter 18.132. These uses may
continue until the use is expanded or altered so as to increase the level of
noncompliance with the present City Code.
18.142.035 Permit Renewal —Applicability
(a) Home occupation permits issued under the provisions of this Code
shall expire after one year and an application for renewal of
the permit shall be filed with the City prior to the expiration
date to continue lawful operation of the home occupation
business. The permit renewal application shall be approved or
denied inaccordancewith the provisions set forth in Section
18.142.040 of this Code.
HWE OCCUPATIONS ZOA 7-86 PAGE 4
k,
^=s
,y
(b) Home occupation permits which received gill approval prior to
November, 1983 but may be nonconforming as defined in [Section
18.132.090(d)(1)] Chapter 18.132 or Section 18.142.032 shall be
E
renewed annually. The permit renewal application shall be
A
approved or denied in accordance with the provisions set forth i
i
in Section 18,142.040 of this Code.
which existed without a valid Home(c) Home occupation businesses
Occupation permit prior to November, 1983 shall apply for a Home '
Occupation permit under the provisions of Chaptor 18.142 or
prove nonconforming status as ner 18.142.032. The oriainal
permit shall be valid for one year and shall be renewed annually
prior to the expiration date under the provisions of Section
18.142,040.
18.142.040 Expiration of Approval — Extension of Time Revocation
(a) Approval of a home occupation by the Director shall be effective
for a one-year period;
(b) The Director shall renew the permit upon
i Application and
( ) lication p payment of a fee by the. applicant;
E
l
HOME OCCUPATIONS ZOA 7-86 — PAGE 5
(2) Finding that:
(A) All of the conditions of approval have been satisfied;
(0) There has been no change in the original application G
f
approved by the Director;
(C) There have been no changes in the facts or applicable
policies on which the approval was based;
(D) The applicable approval criteria in 18.142.050 are
satisfied.
The applicant certifies that he/she is complying with
the conditions of approval and agrees to comply in the
future.
(c) The Director sh=ll give notice of the renewal as provided by
18,32,120 [and] only in the case where a real or alleged
violation has been reported to the Planning Division. [t]ThQ
decision may be appealed as_provided by 18.32.310(a).
[(c)] K�gj The Director may revoke a home occupation approval if the
conditions are not satisfied as provided by the original home
occupation permit or the most recent renewal. [Section
18.32.250(f).]
[(d)] (e) A Nome Occupation Permit shall become invalid:
(1) should the property on which the original Home Occupation
( Permit was based be sold or legally transferred to a family
member who is not a resident of the home; or
NOME OCCUPATTOMS ZOA 7-86 - PAGE 6
■
(2) if the applicant moves his residence. -
18.142.050 Approval Criteria
Issuance of a Home Occupation Permit shall be allowed only for those home
occupations which can successfully meet all of the following approval
criteria, without exception.
(a) The use shall be a lawful use which shall be carried on by the
occupants of the dwellings;
(b) The Home Occupation shall be operated [entirely within]:
[(1) The dwelling unit and the use and the storage of material
and products shall not occupy more than 25% of the gross
floor area.] -- -
Entirely within the dwelling unit and a conforming
accessory structure. The use and storage of materials and
products shall not occupy more than 25% of the combined
residence and accessory structure gross floor area. The,
total area used in the accessory building shall not exceed
500 square feet. Any accessory building that is used must
meet Uniform Building Code requirements and be in
conformance with 18.144 of the Code. Variances to the
accessory use requirements may be applied for as per
Section 18.134 of the Code.
HOME A-CCVIOATIONS 7L0A.9 '07-6.6. PAGE v
M4 More than one hone occupation shall be allowed on any one
property- only if the combined floor space usage of both
home occupations do not exceed 25o of the gross floor area
or the dwelling as calculated in subsection (1) above.
(c) The home occupation shall be a secondary use to the primary use
of the [house] residence as a dwelling;
(d) In residential zoning districts, there shall be no exterior
indication of the home occupation; no exterior signs shall be
used; no other on—site advertising visible from the exterior
shall be used which informs the public of the use except [of]
the address of the home occupation may be displayed;
� Home occupations in commercial and industrial zoning districts
may be permitted to erect a freestanding sign with a total of
eight (8) square feet in area and six (6) feet in height. Total
signage for walls shall not exceed four 4) square feet. Such
a
signs require a City sign permit as stipulated in Section
}
18.114_.020 of the Code.
[(e)] jfj There shall be no outdoor storage or dis jU of materials,
vehicles or products on the premises. Indoor storage of
materials or products shall not exceed the limitations imposed
by the provisions of the Building, Fire, Health and Housing
Codes. The applicantshall be required to obtain approval from
the relevant Fire District prior to storage of any flammable or
hazardous materials on the property.
HOME OCCUPATIONS 70A 7-86 PACE 9
[(f)] The use shall not include any retail sales other than telephone
sales.
[(g)] 'h' The use shall not involve direct sales or service from the
property necessitating .,stoner traffic to the residence.
^i
[(h)] (i) The home occupation shall not produce any noise or obnoxious
odors, vibrations, glare, fumes, [or] electrical interference,
heat, (detectable to normal sensory perception outside the
structure), traffic, and discharge of materials, gases or fluids
into the sanitary 3PWPr and storm Arainage ayctnmc --!•;icS+ are
either in excess of what is nor-11v associated with residential
uses or which exceed the performance standards set forth in
Section 18.90 of this Code.
[(i)] There shall be no other paid employees on the premises other
than those who are permanent r•@9iueiiva of the _l
[( )] [kJ The use shall not require any additional parking other than that
which is required for the residence.
There shalt be no more than three deliveries per week to the
residence by suppliers.
HOME OCCUPATIONS ZOA 7-86 - PAGE 9
18.142.055 Additional Requirements for a Home Occupation.
The Director may impose conditions on the approval of a Noble Occupation
Permit which. he finds are necessary. to assure the use is compatible with
f
other uses in the vicinity. These conditions nlav include, but are not �
limited to the following:
Limiting the hours, days, place and manner of operation.
Requiring design features which minimize environmental impacts such
as noise, vibration, air pollution, glare, odor and dust.
Requiring additional setback areas lot arca or lot depth or 4lidth.
�4) Llllill.lflta 4ile areal ex'Cll'. o1 she home OCCUNat1V11 use arlu lucai.iuri on
the site.
Designating the size, number, location and design of vehicle access
points.
Requiring street right-of-way to be free of vehicles at all times.
Requiring landscaping, screening, drainage and surfacinq of parking
and loading areas.
�8 Limiting the extent and type of interior or exterior building
remodeling.
Limiting or setting-standards for the location and intensity of
outdoor lighting.
10 Requiring berming, screening or landscaping and the establishment of
standards for their installation and maintenance.
11 Requiring and designating the size height, location and materials
for fences.
12 Requiring the protection and preservation of existing trees, soils,
vegetation, watercourse, habitat areas and drainage areas.
HOME OCCUPATIONS [OA 7-86 - PAGE 10
r
13 Limiting the type and number of vehicles or equipment to be parked or
stored on the site.
14 Any other limitations which the Director considers to be necessary or
desirable to make the use comply with tea purposes stated In
18.142.050.
18.142.060 Approval and Compliance for a Business [Licensel Tax Certificate
t
No businczs [li^e:^.se] tax certificate will be issued for a home occupation
E
until the home occupation application is approved and the applicant certifies
e
that the home occupation tail- be operated in strict compliance with the
s
provisions of the Chapter and the conditions of approval.
18.142.070 Time Limit and Revocation
(a) The Director may approve a home occupation application subject
to a specific time period at the termination of which there
shall be a renewal application to determine if all of the
conditions and provisions of this Chapter have been satisfied.
The permit shall be renewed if all of the conditions have been
satisfied.
(b) The Director may revoke a home occupation approval if the
conditions are not satisfied as provided by the original home
occupation permit or the most recent renewal permit. [Section
18.32.250.]
HOME OCCUPATIONS ZOA 7-86 — PAGE 11
LCIFailure to a the annual renewal fee shall result in the
assessment of additional five dollars ($5.00) processing fee if
paid within thirt 30 da s after the due date orrevocation
of the home occupation permit if not paid within
day-- after i-ho due date.
18 142 080 Application Submission, Requirements
(a) An application shall be made on forms provided by the Director
and shall be accompanied by:
(1) One copy_ [Three copies3 of the applicant's statement or
narrative which explains how the proposal conforms to the
standards in 18.142.050.
(2) A list of names and addresses of all persons who are
property owners of record within 250 (1003 `feet of the site
(3) The required fee.
BF (4) One plot plan of the property.
T M
One floor plan of all structures orr the_ �rocperty_
One title transfer instrument
One assessor°s maw
The application form.
Property owner's signatures) or written authorization.
86 PAGE 12
HOME OCCUPATIONS ZOA 7 —'
18,26.030 OTHER RELATED REVISIONS
Home Occupations. A home occupation exists when a dwelling unit in a
residential, commercial or industrial zone is used for a for—profit
business purpose See Chapter 18.142.
18.42.020(a)(8)
Children's Day Care. Refers to services or Facilities authorized,
certified or licensed by the State for children's day care of six (6) or
more children at any one time for a period not to exceed twelve (12) hours
per day with or without compensation See 18.42.02^1-
18.42.020(a)(11)
8 42 020(a18.42.020(x)(11)
Babysitting Service. Refers to day care services for children if the
compensation therefore is paid directly by the parent or legal Guardian or
if the service is provided without any compensation_in either the home of
the parent or guardian or the home of the babysitter A bab sitting
service provides for care for not more than five children for eight or
more hours in a 24—hour 12eriod and the service ma be provided_for not
more than four other ("part-time") children for not more than three
consecutive hours in a 24—hour Period. No more than a total of nine
children -including the babysitter's children can be present at any one
time. Variation: from the above constitutes a dav facility, See
(r 18.42.020(x)(8)
1.
DAS:sb2693P/0043P
HOME OCCUPATIONS ZOA 7-86 — PAGE 13