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2007-1574-Ordinance No. 2007-021 Recorded 10/11/2007REVIEWED LEGAL COUNSEL CODE RE Q f r~ \ ED RAIEW"COMMITTEE NANCYUBLANKENSHIP,F000NTY CLERKDS 1~~1 L001.1514 COMMISSIONERS' JOURNAL , ~~Miu~uim 2007-1574 101111 007 04,30,14 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending the Deschutes County Code Title 18, Supplementary Provisions for Home * ORDINANCE NO. 2007-021 Occupations. WHEREAS, at the request of the Board of County Commissioners ("Board") in response to issues that occurred through application of the Code adopted in 2004 in response to issues that occurred through application of the code adopted in 2004, Deschutes County Community Development Department staff initiated changes to the Home Occupation provisions in the Deschutes County Code ("DCC"); and WHEREAS the Planning Commission considered this matter after public hearings on March 22, 2007 and April 26, 2007 and forwarded amendments to the zoning regulations for Home Occupations to the Board; and WHEREAS the Board considered this matter after a public hearing on August 20, 2007 and concluded that the public will benefit from changes to the land use regulations for home occupations; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 18.116.280, Home Occupations is amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stril gh. PAGE 1 OF 2 - ORDINANCE NO. 2007-021 (9/24/07) Section 3. FINDINGS. The Board of Commissioners adopts as it findings in support of this amendment as in Exhibit "B" attached and incorporated by reference herein. Dated this /nAof 2007 ATTEST: -(64d' Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON MICHAEL M. DALY, CHAIR DENNIS R. LUKE, VICE CHAIR„ TAMMY" BANRY, COMMIS If NER Date of 1St Reading: 'day of '2007. Date of 2"d Reading: 4:~day of 2007. Record of Adoption Vote Commissioner Yes No Abstained Excused Michael M. Daly t/ Dennis R. Luke ✓ Tammy Baney Effective date: J-Ir day of , 20013, ATTEST: 6W,4~6XhtA- Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2007-021 (9/24/07) Exhibit "A" Chapter 18.116. SUPPLEMENTARY PROVISIONS 18.116.010. Authorization of similar uses. 18.116.020. Clear vision areas. 18.116.030. Off-street parking and loading. 18.116.031. Bicycle parking. 18.116.035. Bicycle commuter facilities. 18.116.040. Accessory uses. 18.116.050. Manufactured homes. 18.116.070. Placement standards for manufactured homes. 18.116.080. Manufactured home or RV as a temporary residence on an individual lot. 18.116.090. A manufactured home as a temporary residence for medical condition. 18.116.095. Recreational vehicle as a temporary residence on an individual lot. 18.116.100. Building projections. 18.116.200. Repealed. 18.116.120. Fences. 18.116.130. Hydroelectric facilities. 18.116.140. Electrical substations. 18.116.150. Endangered species. 18.116.160. Rimrock setbacks outside of LM combining zone. 18.116.170. Solar height restrictions. 18.116.180. Building setbacks for the protection of solar access. 18.116.190. Solar access permit. 18.116.200. Repealed. 18.116.210. Residential homes and residential facilities. 18.116.215. Family childcare provider. 18.116.220. Conservation easements on property adjacent to rivers and streams-Prohibitions. 18.116.230. Standards for class I and II road projects. 18.116.240. Protection of historic sites. 18.116.250. Wireless telecommunications facilities. 18.116.260. Rock crushing outside the SM zone. 18.116.270. Conducting filming activities in all zones. 18.116.280. Home Occupations. 18.116.280. Home Occupations. A. Home OccupationsUses Permitted Outright In All Zones. 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 Deschutes County Code, the Deschutes County Zoning Ordinance, in all zones: a. Af ed o n Is conducted within a dwelling only by residents of the dwelling; b. Does not serve clients or customers on-site; c. Does not occupy more than 25 percent of the floor area of the dwelling; d. DE) not have epefatiffg dust, glare -#las flashing lights e that ° e doteetable off site, neise and; Does not produce odor, dust, glare, flashing lights, noise smoke or vibrations in excess of that created by normal residential use. e. Does not include the on- prv~jte advertisement, display or sale of stock in trade. B. Types_ . The following deser-ibes the types of i eme eeetipatiens allowed Deschutes- CetmP-In addition to the home occupations allowed in Section A above, three Types of home occupations maybe allowed with limitations on location and intensity of allowed uses. Type 1 allows low intensity uses and Types 2 and 3 allow progressively greater intensity of uses. Exhibit "A" -fC. Type 1. Where permitted outright, a Type 1 home occupation does not require a land use permit but shall be subject to the following lititatiens.Acriteria. A Type 1 home occupation: is one that! Ia. Does not require a minimum parcel size. 2. is eafried Is conducted within a dwelling and/or a residential accessory structure only by reside- ---areside.nts of the dwelling; 4. Does not occunv more than 25 percent of the combined floor area of the dwelling including attached garage and one accessory structure. 5. Does of genefate Creates no more than five (5) YES-trips to the site per day terthe-site for customers or clients, including parcel delivery services; 6e. May include employees or contractors that work off-site; Q. Does not produce prolonged odor, dust, glare, flashing lights or noise smoke, and vibrations in excess of that created by normal residential use; e8. Does not involve the on- prentisesite advertisement display or sale of stock in trade, other than vehicle or trailer sign a7ea*d- 9. Does not include building, or ground mounted signs. 10. Does not include outsides storage of equipment or materials used in the operation of the home occupation. 11. Has adequate access and on-site parking for not more than one (1) customer, or delivery vehicle at any given time. 12. Allows on-site one (1) business- related vehicle or truck not exceeding 15,000 pounds gross vehicle weight and one (1 other non-motorized wheeled e ui ment (trailer) which shall not exceed 3,000 pounds gross vehicle weight. 13. 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 occIMancy classification requirements of the state-adopted building code. 14. Is conducted in such a wa y that it is compatible with the residential character, or in resource zones, resource-oriented character of its location. 15. 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. 16. Allows for-servicing, inspecting, loading, and or dispatching of vehicles and equipment incidental to the home occupation and stored within the dwelling, attached garage o accessory structure. D. Type 2. A Type 2 home occupation may be allowed as a condtional use with an approved conditional use permit subject to the approval criteria below. A Type 2 home occupation is not subject to the approval criteria for a conditional use permit in DCC Chapter 18.128.01.5 or a site plan review under DCC Chapter 18.124. 2 home oeeupa4ions may be allowed as eenditional uses with an appfeve eenditiena; rase-pefmit.-c.,~use-s Type 2 home occupations are subject to the standards of the zone in which the home occupation will be established and Uie following . A Type 21 home eeeupation is HE) subaeFt to the approval eriter-i f Exhibit "A" e0fiditie" --pertnit in PGG Ghaptei- 18.128 or site p! 18.124.__ A Type 2 home occupation is one Met: al. Is conducted from a property that is at least one-half (1/2) acre in size. 2.1} GIs conducted within a dwelling and/or an accessory building stricture by residents of the dwelling and no more than two (2) employees who report to the property for work. 3. May include employees or contractors that work off site. d4. Does not occupy more than 25 percent, up to a maximum of 1,500 square feet, of the combined floor area of the dwelling, including attached garage; and one (1) aeeessei:} accesso structure. The that ean be devoted to a Type 2 heme eeeupatien is 1,500 square feet. d5. M4y_h3eladeineludes on-site sales of products associated with the home occupation that are incidental and subordinate to the home occupation. e6. Creates no more than ten (10) business-related vehicle trips to the site per day by employees, customers or clients, and parcel delivery services. 17. Has adequate access and-and on- site parking ' . }eI S an ettstefnefs-J'Or not more than four (4) customer and employee, or delivery vehicles at any given time. g8. Is limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, for operation. 139. Does not involve any external changes to the dwelling or the accessory buildi ig- stnicture in which the home occupation will be established that would give any building an outward appearance of a business. Any sueh aiteffltions heave been feviewed and appfeved by the Besehutes Ce my Plannin Divisien. i 10. Does not use inater-ials fneehanie l equipment hieh will be detrimental -to the , eder, light--intefferenee with otherfaetors: Does not produce prolonged odor, dust, glare flashing lights, noise, smoke, or vibrations in excess of that created by normal residential use. j H . 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. k12. 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„ The _ffound- mounted sign and support shall not exceed 6 feet in height and is 3 Exhibit "A" located on the property from incidental to the home which the home occupation will occupation and stored within the operate. Such signs do not dwelling, attached garage or require a sign permit under DCC accessory structure. Chapter 15.08, Signs. 21n. The following uses afe net 113. May be subject to an annual aflewed--as 4)Te 2 hem inspection, as a condition of an eeetipationsDoes not include the approval, to ensure compliance following activities: with the requirements of this ia. Repair, towing, or section and the conditions of an storage of motorized approved conditional use permit. vehicles and equipment, 14. Allows on-site one (1) business- including but not limited to related vehicle or truck not automobiles, trucks, trailers, exceeding 15,000 pounds gross recreational vehicles, and vehicle weight and one (1) other boats. non-motorized wheeled trailer iib. Detailing, painting, and which shall not exceed 10,00 0 upholstery of motorized pounds gross vehicle weight. vehicles. n315. May Does not include iiic. Businesses that store and outside storage of equipment or use vehicles with a gross materials used in operation of the vehicle weight rating of home occupation. greater than or equal to 16. Is conducted in such a way that it 15,000 pounds or equipment is compatible with the residential with an operating weight character, or in resource zones greater than or equal to resource-oriented character of its 310,000 pounds. location.. iN~d. Appliance repair. 17. All employee, customer and ve. Welding or machine delivery vehicle parking spaces shop. shall be on-site and shall be located outside of the required E3. Type 3. Type 3 home occupations zone setbacks. may be allowed as conditional uses 18. Any structure on the property with an approved conditional use where the home occupation is per nt.ekpermit. Such uses are conducted shall be of a We subject to the standards of the zone in normally associated with the which the home occupation will be zone where it is located. established, 19. Does not include structural el-in DCC E#apte_r Section alterations affecting the 18.128.015, and the following residential appearance of a limitations. A lope 3-heme building to accommodate the oeeupatiaii is not subjeet to site plaii home occupation except when review under DCC Chapter 18.124. otherwise required by law, and, -A Type 3 home occupation-i&--one then., only after the plans for that: such alterations have been 1. Is conducted from a property that reviewed and approved by the is at least one-half (1/2) acre in Deschutes County Planning size. Division. 2a. Is conducted in such a way that it 20. Allows servicing, inspecting, is compatible with the residential loading, and or dispatching of character, or in resource zones, vehicles and equipment 4 Exhibit "A" resource-oriented character of its location. 3b. Is earried on.1s conducted within a dwelling and/or an accessory building structure by membe the-€amily{-who reside in residents of the dwelling and no more than two (2) employees who report to the property for work. May have a maximum of five 5) employees at the home occupation located on property in an EFU, MUA10, or RRIO zone and that is at least 10 acres in size. 4. May include employees or contractors that work off site. pf:epefty t--is-jeaat EFU Fefest N4.UAInsof RRIO Zone and that at least 10 aeres i,., not than may fnere 111 JlL° the Pfepefty fee weds. 5e. Does not occupy more than 35 percent of the combined floor area of the dwelling, including an attached garage; and one (1) accessory4mi4ding, structure. d6. May ilncludes on-site sales of products associated with the home occupation that are incidental and subordinate to the home occupation. e7. u fr-equeney that will eausa-iceturbanec Of . enee to near-by land ean-eCreates no more than twenty (20) business-related vehicle trips to the site per day by employees, customers or clients, including parcel delivery services. A. Has adequate access and on-site parking for not more than five (5) customer, employee, or delivery vehicles at any given time. Vehicles used by the operator- to eenduetthe-heme ehi le weight o 15,000 Y. pounds Faust be aFlied sereened-aeeerding to tho regttiraments of DGC g_9. Is limited to the hours and days of operation proposed by an applicant and approved with a conditional use permit. #10.-Does not involve any external changes to the dwelling or accessory structure in which the home occupation will be established that would give the dwelling an outward appearance of a business. ^ °tftiet fe ° the-prepefty where the h~ee of a 3e ne -associated with the zone where it is leeated. a€=eeting the residential allowed to aeeemmeda4e the er-equifed by law, and alterations have been ed mid appfeved by the Desehtite~ rte. nt" nl„ . n:, M.Does not use materials er will be detrimental to the adjoining r-esidenees beeause E) "'tbf84ion, -fle+s , dos+ smoke, €aeters. Does not produce prolonged odor, dust, glares flashing lights, noise smoke, or vibrations in excess of that created by normal residential use. j. Complies with all requirements of the Deschutes County Building Safety Division and the Environmental Health Division Exhibit "A" 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. k13.-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;. The gound- mounted sign and support structure shall not exceed 6 feet in height and is located on the property from which home occupation will operate. Such signs do not require a sign permit under DCC Chapter 15.08, Signs. l 14. May include outside storage of equipment and materials on parcels approved for a home occupation, not to be included in the 35 percent of combined floor area. if the subieet B t 10 ]7'i't'[ttCtl"tt~ i. A-sjght-ebsearing €eitee, as v. Intreduee materiaals,-ineloding, but -net 15m. The heme-eesupetien 12 ineiiflis by the planning division te ensure ea with -ta Fequ r-ements of this se etien-aroma--the--eerut ions required for approval of the use.Allows for servicing, inspecting, loading, and or dispatching vehicles and equipment incidental to the home occupation and stored within the buffered and screened outside area. 16. Requires review of the home occupation approval 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. 17.Conducts all home occupation activities within one or more structures on the propea that are of a type normally associated with the zone where it is located. 18. Locates all employee, customer and delivery vehicle parking spaces on-site and outside of the required zone setbacks. 19. Parks all vehicles used by the operator to conduct the home occupation that have a gross vehicle weight of 1.5,000 or more pounds in a. Wage, an accessory structure or within a screened area according to the requirements of DCC 1.8.1 16.280(E)(21)(a through Lei. 20. No structural alteration 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. 21. Includes no outside storage unless the subject property is 10 or more acres in size and the storage is setback a minimum of 20 feet from all property lines, 6 Exhibit "A" and is maintained to screen materials and equipment from residences on adjacent properties. The form of screening may include, but is not limited to: a. A sight-obscuring fence, as defined in DCC 18.04.030. b. Intervening tree cover. c. Topography. d. Existing buildings on site. e Introduced landscape materials, including, but not limited to, trees and/or shrubs on an earthen berm. (Ord 2007-021 § 1, 2007; Ord 2004-002 § 24, 2004)