Section 128A. Home Occupations. (Added by Ord. No. 4856/8-00.)
The purpose of this section is to permit residents an opportunity to use their homes to engage in small-scale business activities, and to establish approval criteria and standards to ensure that such home occupations are conducted as lawful uses subordinate to the residential use of the property, in a manner neither detrimental, nor disruptive in terms of appearance or operation, to neighboring properties and residents.
II. Applicability and Exemptions
A. Compliance with this Section. No person shall operate a home occupation, or allow such use to occur without a home occupation permit and business license on property which that person owns or is in lawful control of, contrary to the provisions of this Section.
B. Exemptions. The following activities are exempted from the provisions of this Section:
(1) Garage sales as allowed by the Hillsboro Municipal Code; (Amended by Ord. No. 5982/9-11.)
(2) Child care facilities for up to 16 children or adult day care for up to 12 adults, as exempt from the provisions of this Section by ORS 657A.440 and ORS 657A.250; (Amended by Ord. Nos. 5168/7-02, 5653/8-06.)
(3) Residential homes or adult foster homes, providing residential treatment or training for up to five adults who are not related to the provider by blood or marriage pursuant to ORS 443.705 (1) as exempted from the provisions of this Section under ORS 197.665.
III. Application Procedures
A. Home Occupation Permit. An application for a home occupation permit shall be reviewed and approved by the Planning Director, and in the case of a bed and breakfast inn in any residential zone, except the SCR-DNC district, shall be reviewed pursuant to the provisions of Sections 78 to 83, Conditional Uses .
B. Required Signatures. Application forms for all home occupation permits, including the Conditional Use application in the case of a bed and breakfast inn in a residential zone, shall be signed by the person wishing to conduct the business and by the owner of the property.
C. City Business License. Prior to issuance of a business license, the applicant must obtain a home occupation permit. In no case shall a home occupation be operated without a permit and a business license.
IV. General Approval Criteria and Performance Standards
A. Approval Criteria. An application for a home occupation permit, other than a bed and breakfast inn, will be approved if the applicant demonstrates the proposed home occupation complies with the standards in subsection (B) below. An application for a home occupation permit for a bed and breakfast inn in a residential zone is subject to the standards of subsection (C) below, and to the approval criteria in Sections 78 through 83 of this Ordinance.
B. Home Occupation Standards. The following standards are established for home occupations other than bed and breakfast inns:
(1) (Deleted by Ord. No. 5676/10-06.)
(2) There shall be no displays or other evidence that would indicate from public right-of-ways or abutting residences that the dwelling or any accessory structure is used in whole or in part for any purpose other than residential use.
(3) There shall be no change in the Uniform Building Code occupancy classification of the dwelling unit or any portion of the dwelling unit or accessory structure.
(4) No more than 25% of the floor area of all structures on the lot, or 528 square feet, whichever is less, may be used in connection with a home occupation or for storage purposes associated with the business.
(5) There shall be no outside storage of equipment, materials, or supplies associated with the home occupation, nor shall there be any storage or use of explosive, flammable, radioactive, toxic or other hazardous materials that are not normally found in the home nor in amounts not normally associated with a residence. Specific limitations and requirements for the storage of hazardous materials in a residence are found in and regulated by the Uniform Fire Code.
(6) No one other than the principal residents of the dwelling and no more than two persons closely related to the principal residents shall be engaged in the home occupation at the dwelling site.
(7) No more than one commercially licensed vehicle in excess of one-ton manufacturer's rating shall be utilized or parked at the dwelling unit by any resident of the premises in connection with the home occupation.
(8) No more than an average of ten customer vehicle trips per day with no more than two customer vehicles on the premises at any time.
(9) No more than three business related deliveries per week are allowed. Such deliveries shall not restrict pedestrian or vehicular circulation on adjoining public streets and sidewalks. Deliveries by the U.S. Postal Service are not considered business related deliveries for purposes of this provision.
(10) The generation by the home occupation of any noise, vibrations, odors, heat, glare or visual or audible electrical interference or fluctuations in the line voltage detectable beyond any property line is prohibited.
(11) No direct retail sales are permitted, excepting the occasional sale of products associated with the home occupation, with such sales being clearly secondary to the primary business activity.
(12) No customers may enter the premises between the hours of 9:00 p.m. and 7:00 a.m.
C. Bed and Breakfast Inn Standards. The following standards are applicable to bed and breakfast inns permitted as conditional uses in residential zones (Amended by Ord. No. 5910/6-09.):
(1) (Deleted by Ord. No. 5676/10-06.)
(2) No more than an average of five customer vehicles may access the premises on a daily basis.(Amended by Ord. No. 5910/6-09)
(3) No more than an average of two business related deliveries per day is allowed. Such deliveries shall not restrict pedestrian or vehicular circulation on adjoining public streets and sidewalks.
(4) No more than one person who is not a principal resident of the dwelling shall be engaged in the home occupation at the dwelling site at any one time.
(5) The Conditional Use application shall include a parking plan, which includes:
a) In addition to the minimum required off-street parking for the residential use, one (1) off-street parking space shall be provided for each bed and breakfast inn bedroom unit.
b) All parking shall be contained on an all-weather surface within site boundaries, and within the driveway leading to the garage/carport vehicle entrance. One parking space may be allowed adjacent to the driveway, in the area in front of the required side yard adjacent to the garage/carport, with evidence of written permission from the owner of the property adjacent to the additional space. If no garage/carport is present, then parking shall be designed to minimize its appearance from the street and its impact to adjacent residents, and to maintain a residential appearance for the site.
c) Solid fence or wall together with landscaping, to buffer surrounding residents from the negative effects of headlights and noise from guest or employee vehicles. (Added by Ord. No. 5910/6-09.)
(6) The dwelling to be used as a bed and breakfast inn shall have been occupied as a residence for at least five years prior to the date of application submittal. (Added by Ord. No. 5910/6-09.)
(7) The dwelling to be used as a bed and breakfast inn shall be occupied as the primary residence of the person or persons identified as the operator of the bed and breakfast. Primary residence is defined as the operator’s permanent residence of record as substantiated by official documents such as driver’s license or tax forms. (Added by Ord. No. 5910/6-09.)
(8) There shall be no commercial gatherings. Commercial gatherings include weddings, meetings, receptions, or other gatherings for direct or indirect compensation. (Added by Ord. No. 5910/6-09.)
D. Conditions of Approval. The Planning Director, or the Planning and Zoning Hearings Board in the case of a bed and breakfast inn permitted as a conditional use in a residential zone, may impose conditions upon approval of a home occupation permit or conditional use permit, as applicable, to ensure compliance with the purpose of this Section. 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;
(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 vehicular access points;
(6) Requiring street right-of-way to be free at all times of vehicles associated with the home occupation, including vehicles of employees of contractors who have permitted home-based offices;
(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 or outdoor lighting;
(11) Requiring and designating the size, height and location of fences and materials used for their construction; (Amended by Ord. No. 5676/10-06.)
(12) Designating the location and materials used for signs and signposts;
(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 or Hearings Board considers to be necessary or desirable to make the use comply with the purpose and standards of this Section, and
(15) Requiring conformance with any other applicable City and/or State codes.
V. Uses Prohibited as Home Occupations
The following uses shall be prohibited as home occupations:
(1) Auto-body repair and painting;
(2) On-going mechanical repair conducted outside of an entirely enclosed building;
(3) Junk and salvage operations;
(4) Storage and/or sale of fireworks.
(5) Any use that is consistent with the definition of Home Occupation, but that does not comply with the standards in subsection IV of this Section.
(Amended by Ord. No. 5653/8-06)
Home occupation permits shall be valid as long as an active City business license is maintained provided that the home occupation complies with provisions of this Section and with any conditions of approval attached to the permit.
VII. Revocation and Re-application.
A. Grounds for Revocation. A business license for a permitted home occupation is subject to revocation at any time by the City Council for cause pursuant to Hillsboro Municipal Code 5.04.090 under the following circumstances:
(1) There is a violation of any provision of this Code;
(2) There is a violation of any term or condition of any applicable permit;
(3) Failure to pay the City business license fee when due.
B. Waiting Period for Re-application. When a business license for a home occupation permit is revoked due to violation of the standards of this Section, or any condition of approval attached to the permit, a minimum period of 60 days shall elapse before another application for a home occupation permit on the subject property will be considered.
Any home occupation permit is invalid and use of the property for any home occupation is prohibited if a permittee moves, unless a new permit is granted.