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2007-415-Minutes for Meeting October 18,2006 Recorded 4/3/2007COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKOS V 2007415 COMMISSIONERS' JOURNAL 111111111111 111 04/03/1007 02:20:42 PM 2007-435 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page , 1,?" 01t,'3 C! G 02 A { Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ore MINUTES OF ADMINISTRATIVE WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, OCTOBER 18, 2006 Present were Commissioners Dennis R. Luke and Bev Clarno; Commissioner Michael M. Daly was out of the office. Also present were Dave Kanner, County Administrator; Susan Ross, Commissioners' Office; Tom Anderson, Catherine Morrow and Terri Payne, Community Development; Mark Pilliod and Laurie Craghead, Legal Counsel; Lobbyist Bill Linden; and media representative Keith Chu of The Bulletin. No other citizens were present. The meeting began at 1: 30 p.m. 1. Discussion regarding 2007 Legislative Issues. Bill Linden gave an overview of the issues to come before the legislature, and asked that the Commissioners provide him with a short list of the items they feel are the most important. (A copy of the overall list is attached for reference.) Mr. Linden also discussed the Housing Alliance, and how it would be funded. Lottery funds and/or document recording fees could be a source of funding; a real estate transfer tax would be difficult. The program would cover mostly multi-family dwellings, although there could be some single-family dwellings as well. 2. Update regarding Real Estate Agent of Record. An order will be prepared regarding limited real estate services provided by Steve Scott. Commissioner Luke indicated that he would like the County to have a real estate agent of record. Minutes of Administrative Work Session Wednesday, October 18, 2006 Page 1 of 2 Pages 3. Home Occupation Code Follow-up. Tom Anderson provided a handout regarding changes in the Code. Most of the changes concern parking, storage and access, as well as screening. Catherine Morrow indicated that this issue could be revisited as needed. 4. Other Items. None were offered. Being no further discussion or items addressed, the meeting adjourned at 3: 30 p. m. DATED this 18th Day of October 2006 for the D of Commissioners. Luke, utes County Board Bev Clarno, Vice Chair ATTEST: Michael M. Daly, Commissioner Recording Secretary Minutes of Administrative Work Session Wednesday, October 18, 2006 Page 2 of 2 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ore WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., WEDNESDAY, OCTOBER 18, 2006 1. Discussion regarding 2007 Legislative Issues - Bill Linden 2. Update regarding Real Estate Agent of Record - Susan Ross 3. Home Occupation Code Follow-up - Tom Anderson 4. Other Items Executive Session regarding real property negotiations - Tom Anderson PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to: ORS 192.660(2)(e), real property negotiations ORS 192.660(2)(h), pending or threatened litigation ORS 192.660(2)(b), personnel issues Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572. Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. DESCHUTES COUNTY 2007 Legislative Issues (Preliminary Draft/September 29,2006) NOTE: The order that issues are listed is arbitrary and does not reflect any priority discussions) 1. Amend statutes to permit a county justice court to be sited in the city of Bend. 2. Amend statutes to provide the Board of Commissioners (BOC) authority to establish the date, time and place of auctions of foreclosed real property. Also, provide authority for the BOC to designate which properties shall be included in the auction. 3. Amend appropriate statutes to provide that revenue from the sale of property due to delinquent taxes is not local revenue for purposes of calculation of State School Fund grant for school districts and education service districts. Also, prohibit use of revenue from these property sales in calculating Community College Support Fund grant for community colleges and community college service districts. 4. Obtain statutory authorization for a license plate for kids and dedicate proceeds from sales of the plates to child abuse prevention programs, 5. Amend statutes to establish an asset forfeiture process for individuals convicted of various crimes against children. Dedicate assets seized and fines paid, that are above and beyond standard fines and fees, to local programs that promote the healthy development of children, the prevention of child abuse and juvenile delinquency. 6. Full statewide funding for Healthy Start. 7. Full statewide funding for the seven existing Relief Nurseries and for two new Nurseries. 8. Full statewide funding for CASA programs. 9. Increased funding for juvenile crime prevention. 10. Restoration of funding for truancy prevention and intervention. 11. Increased funding for runaway and homeless youth. 12. Increased child welfare staffing ratios. 13. Increase funding for crime victims programs. 14. Amend ORS 417.833 re appointment of local commission staff director 15. Amend statutes as necessary to assure equity in the distribution of funds by the state to counties in all relevant program areas. 16. By statute change or agreement, require the state to use the most current population data in allocation decisions. 17. Secure additional funding for county mental health services. 18. Secure replacement funding (FY 2008-2009) for expiring Bryne grant related to the family drug court. 19. Secure additional funding for the mental Health Court (E Board possibility), 20. Oppose changes to collective bargaining statutes for law enforcement personnel. 21. Increase state funding for SB 1145 needs. 22. Increase funding for road maintenance and repair., 23. Provide in statute that the Deschutes County Treasurer shall be an appointed position. 24. Provide in statute that the Decshutes County Assessor shall be an appointed position. P>ECBA Outline of Possible 2007 Legislative Concepts For AOC Governance Committee Meeting on October 9, 2006 10.2.06 Prepared by Maria Keltner; assisting AOC Policy Advocacy Action Requested on Concepts from County Group: 1. limit mandatory subjects of bargaining 2. exclude Managerial Employees from local government bargaining units. 3. prohibit arbitrator reinstating employees who have violated the law or public policy. 4. prohibit arbitrator from considering whether other employees have been treated differently for the same or similar conduct. 5. replace current arbitration award review process with a process that provides for ERB review of an arbitration award when one of the parties files written exceptions. 6. decide interest arbitration awards issue by issue instead of total package. 7. make interest and welfare of the public the first priority in interest arbitration awards unless significantly behind in all factors b through h combined. 8. include internal comparables in interest arbitration factprs. 9. limit comparables to similar sized same type of local government (County to County not County to Special District or County to State). 10. eliminate consideration of "status quo" by interest arbitrators. Other concepts expected to return for 2007 session which AOC has opposed: a. demote "interest and welfare of the public" to just one of several equal factors to be considered by interest arbitrators. The public interest and welfare should be the primary consideration. Compensation, vacation and holidays should not be given equal consideration with public interest and welfare. b. only exclude from bargaining units those "supervisory personnel" who have the authority to impose economic discipline on employees. This change would place many more managerial personnel in bargaining units. c. expanding mandatory subjects of bargaining for strike prohibited employees to include: staffing levels and safety issues that have a potential impact on the on-the-job safety and workload of employees. Housing Alliance 2007 Housing Opportunity Agenda Proposed Uses of $100 million (all figures are for the 2007-2009 biennium) $ 80 million - Multi-Family Rental Development We are asking that an additional $74 million for immediate housing development be allocated through the Consolidated Funding Cycle at Housing and Community Services (HCS) - this would allow the Department to fund viable pending applications and speed up the response of community based developers to housing needs in their communities. These new resources will produce at least 1,000 affordable units - units that will become part of Oregon's infrastructure and remain affordable to hardworking families or those with special needs for generations. Our investment will create opportunity for families and individuals, leverage significant private investment, andcreate new family wage construction jobs. The current HCS allocation of state resources is just $5.6 million (from utility public purpose funds). Viable projects now wait two or three years for an allocation of state funds - this makes projects harder to do for the developers and more expensive as construction costs keep rising. Larger per-unit subsidies from HCS will allow us to reach lower rent levels and to replace the many funding sources that are declining or not growing at pace with the need. Priorities for development; ❖ Permanent Supportive Housing for special needs populations: Approximately 20% of these funds will be used for the creation of debt-free housing units that could serve individuals and families with ongoing special needs. These residents have a long term, if not permanent, need for housing plus access to services, and we as communities need to continue to develop an infrastructure of housing that will be permanently available. This will supplement special allocations through the Dept of Human Services which respond to special circumstances. ❖ New Construction: Funds will be used to create new units where insufficient multi- family units exist. Our populations are growing rapidly, and multi-family housing is needed to meet the increased demand. New construction will be well designed to blend in with established communities and minimize the effects of density. ❖ Rehabilitation and Preservation of Existing Housing: Our existing multi-family housing stock and many downtown buildings are aging, but much can be saved and re-used. Rehabilitation not only preserves the existing character of our towns, it is usually a cost- effective alternative to new construction. Rehabilitation may also allow the retention of federal rent subsidies, which assist very low income households. Housing Alliance c/o Neighborhood Parblership Fund 9 1020 SW Taylor St Ste 680 • Portland, OR 97205.503-226-3001 x102 r ❖ Mixed Use and Downtown Revitalization: Many communities are seeing the benefits of creative use of downtown and urban spaces in mixed-use developments. Whether historic preservation or new construction, these developments blend commercial, office, retail, and residential spaces to great advantage. Housing in these areas brings workers and shoppers closer to work and retail areas, and recreates community gathering spots. $ 10 million - Homelessness Increase funds available through the Emergency Housing Account by approximately $5 million for uses including: ➢ Increase movement of homeless individuals and families into permanent housing; ➢ stabilize families and individuals in existing permanent housing through shorter term eviction prevention funds or foreclosure prevention funds; or ➢ . provide operating support for permanent supportive housing. $4 million - Capacity Building We are asking for $4 million to be allocated to renew and expand funding for grants to build and maintain the capacity of community based agencies across all regions of the state to develop, manage, and preserve affordable housing. Grants would be made through a competitive process with several goals: ➢ Maximize community-driven development and ownership capacity statewide; ➢ encourage collaboration and partnership that expands capacity or increases efficiency; ➢ provide necessary technical assistance and training to ensure performance and sustainability. Affordable housing is not something that the private market can or will do on its own. We need to take seriously the support of organizations that bring this capacity to Oregon's communities. Affordable housing,.with its unique layering of subsidies and restrictions, requires competent development staff as well as strong management systems $6 million - Homeownership $5 million increase in funding for Homeownership. The resources will be used for the following: ➢ Increase current expenditures for counseling - counseling gives families the skills and support they need to successfully repair credit, manage financial priorities, and make good ownership decisions; ➢ Increase current expenditures for down payment assistance. Homeownership is just too expensive in many markets and coming up with the down payment can be a major barrier. We want to be able to provide appropriate levels of down payment assistance in various cities. This money is typically recaptured when homeowners sell or build up sufficient equity, so it will be a revolving resource. ➢ Many community-based housing developers are doing homeownership construction. We want to help them develop affordable homeownership units by allowing them to subsidize development at the front end, through construction subsidy or land banking. Housing Alliance c/o Neighborhood Part ership Fund 9 1020 SW Taylor St, Ste 680 . Portland, OR 97205.503-226-3001 x102 Community Development Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX(541)385-1764 MEMORANDUM http://www.co.deschutes.or.us/cdd/ TO: Dave Kanner and the Deschutes County Board of County Commissioners FROM: Terri Hansen Payne, Associate Planner DATE: October 16, 2006 SUBJECT: Home Occupation Code Chanqes Background The Deschutes County Home Occupation Code (DCC 116.280) was rewritten in 2004 to allow and regulate a more diverse set of home occupations than had previously been permitted. The new restrictions defined home occupations permitted outright as those which, in essence, are not noticeably different from a residence. Beyond that, three types of home occupations were created, each with increasing intensity of use and increasing likelihood of impacting nearby properties. Standards were set for each type of home occupation in order to mitigate the potential negative effects. In administering the code since adoption, a number of issues have been identified where the current wording needs clarification. These issues will be taken to the Deschutes County Planning Commission for their recommendations. Type 1 Code Enforcement Issues and Related Type 2 and 3 Language Issue 1: There are currently no criteria for either permitting or prohibiting the parking or storing of work vehicles in Type 1 home occupations. This has led to a number of code enforcement cases, where residents point out the lack of criteria as justification for these uses. Language can be added to the code to limit the parking and storing of vehicles in Type 1 home occupations. Type 2 and 3 home occupations also do not have a limit on the number of work vehicles, and language could be added to clarify that as well. Type 3 Cases and Issues CU-05-71 Issue 1: The space allowed for a Type 3 home occupation is restricted to 35% of the house and attached garage and one accessory building. The Board determined in this decision that the area used for outside storage of vehicles and equipment is not counted as part of the allowed 35%, so language will be added to the code to clarify this decision. Issue 2: The Board determined that as currently written our code does not allow outside storage for a home occupation to be on a separate adjoining parcel owned by the home occupation applicant. State statute needs to be considered and language added to allow storage on adjacent parcels in specified circumstances or to not allow storage on adjacent parcels. Quality Services Performed with Pride CU-05-84 Issue 1: The Hearings Officer's reconsideration of the original decision determined that large vehicles parked outside in Type 3 home occupations that are screened by a fence must be completely screened. Note that mature vegetation is currently an allowed screening technique and that often does not screen completely. The issue here is to clarify the required screening for vehicles parked outside. Issue 2: The Hearings Officer's reconsideration of the original decision affirmed that the accessory building that was used for the home business was built for the business and therefore was not a residential accessory structure. Since by definition home occupations are only allowed in the dwelling or in a residential accessory structure, the home occupation was not permitted to operate in that accessory structure. In the original decision the Hearings Officer noted "I find that for the term `residential accessory structure' to have any meaning in the context of the home occupation regulations, it must be limited to structures that have some relationship to the property's residential use beyond the fact they are located on the same property." Clarification is needed on what is meant by the term residential accessory structure. (see also CU-06-15 Issue 2) Issue 3: The Hearings Officer concluded that as written our code only allows the parking of vehicles outside, not the additional activities of fueling, inspecting, servicing and dispatching the vehicles. Language can be added to either allow or not allow those additional uses. (see also CU- 06-15 Issue 1) CU-06-15 Issue 1: The Hearings Officer determined that the regulations allowing the outside parking of vehicles in Type 3 home occupations does not allow the outside fueling, servicing, inspecting, loading, unloading and dispatching of those vehicles and equipment. (see also CU-05-84) Issue 2: The question here was again what is meant by residential accessory building. (see also CU-05-84, Issue 2) Note that state law limits the types of buildings allowed in EFU and Forest zones to those "..normally associated with used permitted in the zone in which the property is located." CU-05-105 Issue 1: Planning Commissioner Brenda Pace expressed concern that the code language allows a home occupation to occupy 35% of the house and attached garage and one accessory building. She believes that what was intended was to allow 35% of a house and attached or detached garage. That would mean that the home occupation would not be allowed to operate in an accessory building. If that is the intent, the language can be changed. Summary In summary the main issues needing to be addressed with new code language are the following. 1. Create standards for storage and parking of work vehicles in Type 1 home occupations. 2. Determine a reasonable limit to the number of parked work vehicles allowed in Type 2 and 3 home occupation. 3. Clarify that outside storage of vehicles and equipment in Type 3 home occupations is not included in the 35% space limitation. 4. Determine whether outside storage should be allowed in Type 3 home occupations on a separate adjoining parcel owned by the home occupation applicant. 5. Establish whether complete or partial screening is required for the outside storage of vehicles, equipment and materials in Type 3 home occupations. Home Occupation Memo 10-16-06 Page 2 6. Create standards on whether or not vehicles parked outside in Type 3 home occupations can also be serviced, inspected, loaded, unloaded, and/or dispatched from an outside storage location. 7. Clarify the words 'residential accessory building' in the home occupation definition to identify what types of accessory buildings can contain a home occupation. 8. Review the language restricting a Type 3 home occupation to 35% of the area of the house and attached garage and one accessory building, in order to clarify what is meant by one accessory building. Attachments: 1. DCC 18.04 Definitions related to home occupations 2. DCC 18.116.280 Home Occupation Memo 10-16-06 Page 3 Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS 18.04.030. Definitions. "Accessory use or accessory structure" means a use or structure incidental and subordinate to the main use of the property, and located on the same lot as the main use. Accessory uses include drilling for, and utilization of, low-temperature geothermal fluid in conjunction with the main use of the property. "Fence, sight-obscuring" means a continuous fence, wall, evergreen planting or combination thereof constructed and/or planted to effectively screen a particular use from view. "Home occupation" means an occupation or profession carried on within a dwelling and/or a residential accessory structure by a resident of the dwelling or employees, depending on type pursuant to DCC 18.116.280 and is secondary to the residential use of the dwelling and/or the residential accessory structure. "Residential" means any dwelling unit or group of units built or used for human occupancy. Chapter 18.116. SUPPLEMENTARY PROVISIONS 18.116.280. Home Occupations. A. Uses Permitted Outright. 1. Home occupations that operate from within a dwelling, have characteristics that are indistinguishable from the residential use of a dwelling, and meet the criteria in paragraph (A)(2) shall be considered uses accessory to the residential use of a dwelling. 2. Home occupations under this subsection (A) that meet the following criteria are uses permitted outright under Title 18 of the Deschuts County Code, the Deschutes County Zoning Ordinance, in all zones: a. Are carried on within a dwelling only by residents of the dwelling; b. Do not serve clients or customers on-site; c. Do not occupy more than 25 percent of the floor area of the dwelling; d. Do not have operating characteristics that produce odor, dust, glare, flashing lights or noise that are detectable off-site, and; e. Do not include the on-premise advertisement, display or sale of stock in trade. B. Types. The following describes the types of home occupations allowed in Deschutes County: 1. Type 1. Where permitted outright, a Type 1 home occupation shall be subject to the following limitations. A Type 1 home occupation is one that: a. Is carried on within a dwelling and/or a residential accessory structure only by members of the family who reside in the dwelling; b. Does not generate more than five (5) trips per day to the site, including parcel delivery services; c. May include employees or contractors that work off-site; d. Does not produce odor, dust, glare, flashing lights or noise; e. Does not involve the on-premise display or sale of stock in trade, and; f. Does not involve the use of a sign to advertise the location of the home occupation. 2. Type 2. Type 2 home occupations may be allowed as conditional uses with an approved conditional use permit. Such uses are subject to the standards of the zone in which the home occupation will be established and the following criteria. A Type 2 home occupation is not subject to the approval criteria for a conditional use permit in DCC Chapter 18.128 or site plan review under DCC Chapter 18.124. A Type 2 home occupation is one that: a. Is conducted from a property that is at least one-half (1/2) acre in size. b. Is carried on within a dwelling and/or an accessory building by residents of the dwelling and no more than two (2) employees who report to the property for work. c. Does not occupy more than 25 percent of the combined floor area of the dwelling, including attached garage, and one (1) accessory building. The maximum amount of floor area that can be devoted to a Type 2 home occupation is 1,500 square feet. d. Includes on-site sales of products associated with the home occupation that are incidental and subordinate to the home occupation. e. Creates no more than ten (10) business-related vehicle trips to the site per day by employees, customers or clients. f. Has adequate access and parking for employees and customers. g. Is limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, for operation. h. Does not involve any external changes to the dwelling or the accessory building in which the home occupation will be established that would give any building an outward appearance of a business. Any structure on the property where the home occupation is conducted shall be of a type normally associated with the zone where it is located. No structural alterations affecting the residential appearance of a building shall be allowed to accommodate the home occupation except when otherwise required by law, and, then, only after the plans for such alterations have been reviewed and approved by the Deschutes County Planning Division. i. Does not use materials or mechanical equipment which will be detrimental to the residential use of the property or adjoining residences because of vibration, noise, dust, smoke, odor, light, interference with radio or television reception or other factors. j. Complies with all requirements of the Deschutes County Building Safety Division and the Environmental Health Division and any other applicable state or federal laws. Compliance with the requirements of the Deschutes County Building Safety Division shall include meeting all building occupancy classification requirements of the state- adopted building code. k. May have one (1) sign, ground-mounted or wall-mounted, as defined in DCC Chapter 15.08, that is no more than three (3) square feet in area, non-illuminated, and located on the property from which home occupation will operate. Such signs do not require a sign permit under DCC Chapter 15.08, Signs. 1. May be subject to an annual inspection, as a condition of an approval, to ensure compliance with the conditions of an approved conditional use permit. m. May not include outside storage of equipment or materials used in operation of the home occupation. n. The following uses are not allowed as Type 2 home occupations: i. Repair, towing, or storage of motorized vehicles and equipment, including but not limited to automobiles, trucks, trailers, recreational vehicles, and boats. ii. Detailing, painting, and upholstery of motorized vehicles. iii. Businesses that store and use vehicles with a gross vehicle weight rating of greater than or equal to 15,000 pounds or equipment with an operating weight greater than or equal to 3,000 pounds. iv. Appliance repair. v. Welding or machine shop. Type 3. Type 3 home occupations may be allowed as conditional uses with an approved conditional use permit. Such uses are subject to the standards of the zone in which the home occupation will be established, the applicable provisions of DCC Chapter 18.128, and the following limitations. A Type 3 home occupation is not subject to site plan review under DCC Chapter 18.124. A Type 3 home occupation is one that: a. Is conducted in such a way that it is compatible with the residential character, or in resource zones, resource-oriented character of its location. b. Is carried on within a dwelling and/or an accessory building by members of the family who reside in the dwelling and no more than two (2) employees who report to the property for work. A home occupation proposed on property that is located in an EFU, Forest, MUA10, or RR 10 Zone and that is at least 10 acres in size may have not more than five (5) employees who report to the property for work. c. Does not occupy more than 35 percent of the combined floor area of the dwelling, including an attached garage, and one (1) accessory building. d. Includes on-site sales of products associated with the home occupation that are incidental and subordinate to the home occupation. e. Creates traffic that will not be of a volume or frequency that will cause disturbance or inconvenience to nearby land uses. A Type 3 home occupation can create no more than twenty (20) business-related vehicle trips to the site per day by employees, customers or clients. f. Has adequate access and parking for employees and customers. Vehicles used by the operator to conduct the home occupation that have a gross vehicle weight of 15,000 or more pounds must be parked in a garage, a detached building, or screened according to the requirements of DCC 18.116.280(B)(3)(1)(i) through (v). i I "1 g. Is limited to the hours and days of operation proposed by an applicant and approved with a conditional use permit. h. Does not involve any external changes to the dwelling in which the home occupation will be established that would give the dwelling an outward appearance of a business. Any structure on the property where the home occupation is conducted shall be of a type normally associated with the zone where it is located. No structural alterations affecting the residential appearance of a building shall be allowed to accommodate the home occupation except when otherwise required by law, and then only after the plans for such alterations have been reviewed and approved by the Deschutes County Planning Division. i. Does not use materials or mechanical equipment which will be detrimental to the residential use of the property or adjoining residences because of vibration, noise, dust, smoke, odor, interference with radio or television reception or other factors. j. Complies with all requirements of the Deschutes County Building Safety Division and the Environmental Health Division and any other applicable state or federal laws. Compliance with the requirements of the Deschutes County Building Safety Division shall include meeting all building occupancy classification requirements of the state- adopted building code. k. May have one (1) sign, ground-mounted or wall-mounted, as defined in DCC Chapter 15.08, that is no more than three (3) square feet in area, non-illuminated, and located on the property from which home occupation will operate. Such signs do not require a sign permit under DCC Chapter 15.08, Signs. 1. May include outside storage of equipment and materials if the subject property is 10 or more acres in size and the applicant shows that adequate setbacks, screening and/or buffering are provided, and will be maintained, to screen materials and equipment from adjacent properties. The form of screening may include, but is not limited to: i. A sight-obscuring fence, as defined by this title. ii. Intervening mature tree cover. iii. Topography. iv. Existing buildings on site. v. Introduced landscape materials, including, but not limited to, trees and/or shrubs on an earthen berm. in. The home occupation approval shall be reviewed every 12 months by the planning division to ensure compliance with the requirements of this section and the conditions required for approval of the use. (Ord 2004-002 § 24, 2004)