(1)

The purpose of this Home Occupation Code is:

(a)

To allow residents an opportunity to use their residences to engage in small-scale business activities;

(b)

To allow for small-scale business activities in a residence as a means to reduce commutes and traffic;

(c)

To establish standards by which home occupations operate; and

(d)

To ensure that home occupations are conducted 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.

(2)

It is not the intent of TDC 34.031-34.055 to prohibit telecommuting.

(3)

For purposes of this TDC section the following terms have the following meanings:

(a)

Employee. All persons, excluding the owner-operator, working on the premises in the home occupation.

(b)

Equipment. Physical assets of the home occupation, excluding motor vehicles.

(c)

Motor Vehicle. A self-propelled mechanical device moving or movable over the highways, roads and streets of the City, excepting devices that move exclusively on stationary rails.

(d)

Owner-operator. A person undertaking a home occupation; the proprietor of a home occupation.

(1)

A person must not operate a home occupation or allow a home occupation to occur on property in violation of TDC 34.010 through 34.030.

(2)

The following occupations are permitted as home occupations, so long as the home occupation complies with the standards in TDC 34.030:

(a)

Professional occupations including, but not limited to: accounting, architecture, computer consulting, counseling, clergy, drafting, editing, engineering, financial advising, graphic design, immediate disposition company, landscape design, law, psychology, publishing, realty and writing;

(b)

Personal services including, but not limited to: haircutting, manicures and licensed massage therapy;

(c)

Instructional services including, but not limited to: arts, crafts, language, music and scholastic teaching;

(d)

Home craft businesses including, but not limited to: arts, catering, dressmaking, jewelry making, millinery, music, photography, pottery, sculpture, tailoring and weaving;

(e)

Trades, repair and service people who work off-site but maintain an office at home

(f)

Repair services including, but not limited to: hand-held instruments, watch and clock repair; and

(g)

Other home occupations, as determined by a code interpretation pursuant to TDC 31.070.

The following standards apply to home occupations in the City of Tualatin:

(1)

A dwelling unit that houses a home occupation may have only one sign and the sign must comply with TDC 38.110(11).

(2)

A person operating a home occupation must obtain a business license from the City of Tualatin. This person must also maintain all other permits required by other agencies for the home occupation.

(3)

Home occupations may include the retailing of goods not produced by the home occupation but directly related to the home occupation if:

(a)

The retailing is secondary and ancillary to the home occupation; or

(b)

The retailing occurs in a presentation and sale of goods or services to a social gathering of invited guests no more than six times in a calendar year at the home occupation location.

(4)

All materials and equipment must be stored inside built structures on the premises. Interior storage of materials and equipment must be secondary to the residential use of the dwelling. Storage must not be used as a material or equipment staging area. Equipment may be stored on the home occupation vehicle.

(5)

Noise, smoke and odors may not exceed those created by normal residential use.

(6)

The home occupation must be owned and operated by a resident at the home occupation site. The home occupation may employ one other on-site employee who is not a resident of the dwelling unit. Off-site employees are permitted.

(7)

The home occupation must not be used as a headquarters or meeting location for the assembly of employees or subcontractors for any reason, including staging or dispatch of employees or subcontractors to other locations, except as specified under TDC 34.030(14). Off-site employees and subcontractors may not keep their motor vehicles at the home occupation during a work day.

(8)

The dwelling unit must not be altered in a manner that will change its primary residential appearance or use. A home occupation does not change the dwelling unit classification as a dwelling unit in the Oregon Uniform Building Code.

(9)

Only one motor vehicle not exceeding 15,000 pounds GVW is permitted for use in the home occupation at the home occupation location. No other motor vehicle storage is permitted for the home occupation. No commercial motor vehicle as defined in ORS 801.208 may be allowed as part of a home occupation.

(10)

On-street parking may not prevent access to mailboxes, driveways, fire hydrants, garbage or recycling receptacle pick-up.

(11)

The home occupation may generate no more than ten one-way client and subcontractor vehicular trips per day. For home occupations relating to instructional services, no more than 20 one-way client and subcontractor vehicular trips may be permitted per day. Trips attributable to the residential use are not attributed to the home occupation in determining compliance with this section.

(12)

No employee, client, subcontractor or delivery trips to the home occupation may be made between 10:00 pm and 7:30 am.

(13)

A person may not work on three or more motor vehicles per week at a residence. If a person is, the City will presume that the person is operating an unauthorized home occupation.

(14)

A board or staff meeting of the home occupation may be held quarterly at the site of the home occupation.

(Ord. No. 1463-21 meeting, § 6, 12-13-21)

(1)

The purpose of TDC 34.100 is to regulate microwave receiving dishes so as to minimize their visual impact.

(2)

For purposes of this section, "microwave receiving dish" means any conical or dish-shaped device or structure used for receiving television or other telecommunication signals transmitted from satellites or earth-based transmitters. Microwave receiving dishes may also be known as "television receive only" (TVRO) dishes, "satellite direct service" (SDS) dishes, "multi-distance service" (MDS) dishes, and "earth stations."

(3)

All microwave receiving dishes having a diameter of more than three feet must be screened by sight-obscuring masonry walls or dense landscape buffers, as approved through the Architectural Review process, subject to the provisions of TDC 73B.

All pump islands of any automobile service stations must be a minimum of 400 feet away from the exterior walls and outdoor play areas associated with a Child Day Care Center or Family Day Care Center, irrespective of any structures in between.

(1)

Congregate care and retirement housing facilities may be allowed as a conditional use in a Low Density Residential (RL), Medium Low Density Residential (RML), Medium High Density Residential (RMH), High Density Residential (RH), or High Density Residential-High Rise (RH-HR) Planning District, in accordance with the provisions of TDC Chapter 32, and subject to these standards.

(2)

The following conditions apply to all congregate care and retirement housing facilities:

(a)

The building must be designed or renovated specifically for retirement housing. Any required State license must be obtained before the building is occupied. Public services must have capacity to serve the proposed development;

(b)

The housing may be provided as congregate care or as separate apartment units in a retirement housing facility or any combination thereof;

(c)

Walkways must be paved and lighted and must not exceed eight percent in grade;

(d)

Buffering of noise and screening of lighting is required;

(e)

The requirements of the Planning District must be met unless specifically modified by this section;

(f)

Occupancy is limited to persons 55 years of age and older. In the case of couples, one member of the couple must be 55 years of age or older. This restrictive condition must be recorded in the County deed records;

(g)

The site must be at least one-half acre in size;

(h)

Retail sales or other commercial uses are not permitted; and

(i)

Proposals must be presented according to the requirements of TDC Chapter 32 relating to Conditional Uses.

(3)

The allowable density is one and one-half times the density of the underlying Planning District.

(4)

Landscaping/open space must be at least 30 percent of the site, unless it can be shown that other alternatives for open space are available.

(Ord. No. 1486-24, § 4, 6-10-24)

(1)

The standards contained in this section apply to all manufactured dwelling park developments, which are established after the effective date of this section, and to all increases in the numbers of spaces contained in or attached to parks, which are in existence on the date this section becomes effective.

(2)

Manufactured dwelling park developments and modifications to existing manufactured dwelling parks to which this section applies are reviewed through the Architectural Review Process for compliance with the Tualatin Development Code and any other applicable regulations and ordinances of the City. No person may establish, operate, rent, lease, or occupy a manufactured dwelling park or manufactured dwelling park space without first applying for and obtaining approval through the Architectural Review Process.

(3)

Only those manufactured homes and mobile homes, which have a Department of Housing and Urban Development (HUD) label certifying that the structure is constructed in accordance with federal law are permitted. Recreational vehicles and camping vehicles must not be used for residential purposes in manufactured dwelling parks and must not be rented a space or hooked up to sewer, water, or electrical facilities within a manufactured dwelling park.

(4)

The minimum gross acreage for a manufactured dwelling park is one acre.

(5)

The manufactured dwelling park street system must include at least one direct access to a public street, containing a right-of-way width of not less than 50 feet.

(6)

Provided parking must be paved in accordance with City standards for residential driveways.

(7)

Each manufactured dwelling must have its wheels, axles, tongue, and traveling lights removed.

(8)

Each manufactured dwelling must have a continuous and permanently affixed skirt installed. Such skirting must be composed of the same material and finish as the exterior of the manufactured dwelling or material with a brick-like finish or as otherwise approved through the Architectural Review Process.

(9)

No extension, accessory structure, or other out building may be attached to a manufactured dwelling, except for structures conforming to the definition contained in state law concerning accessory structures.

(10)

The distance between any two manufactured dwellings, including any approved accessory building, structure, awning, or tipout, must be ten feet or more on either side and either end.

(11)

The distance between a manufactured dwelling, including approved accessory buildings, structures, awnings, or tipouts, and the nearest manufactured dwelling park property line or other permanent park structure must be 15 feet or the setback requirement of the RML District, whichever is greater.

(12)

The distance between a manufactured dwelling and the nearest manufactured dwelling park street must be eight feet or more.

(13)

The distance between a manufactured dwelling and the nearest manufactured dwelling park sidewalk must be five feet or more.

(Ord. No. 1486-24, § 4, 6-10-24)

Editor's note— Ord. No. 1463-21 meeting, § 30, adopted December 13, 2021, renumbered § 34.600 as § 73A-170.

(1)

Whenever a church, synagogue, temple, mosque, chapel, meeting house or other nonresidential place of worship is allowed on real property under City zoning ordinances. The following uses are also allowed:

(a)

Worship services;

(b)

Religion classes;

(c)

Weddings;

(d)

Funerals;

(e)

Meal programs;

(f)

Child care, but not including private or parochial school education for prekindergarten through grade 12 or higher education; and

(g)

Providing housing or space for housing in a building that is detached from the place of worship, provided:

(i)

At least 50 percent of the residential units provided under this paragraph are affordable to households with incomes equal to or less than 60 percent of the median family income for the county in which the real property is located;

(ii)

The real property is in an area zoned for residential use that is located within the City;

(iii)

The housing or space for housing complies with applicable land use regulations and meets the standards and criteria for residential development for the underlying zone; and

(iv)

The property is subject to a covenant appurtenant for a period of 60 years from the date of the certificate of occupancy that restricts the owner and each successive owner of the building or any residential unit contained in the building from selling or renting any residential unit as housing that is not affordable to households with incomes equal to or less than 60 percent of the median family income for the county in which the real property is located.

(2)

Notwithstanding subsection (1) of this section, the City may prohibit or regulate the use of real property by a place of worship if the city finds that the level of service of public facilities, including transportation, water supply, sewer, or storm drain systems are not adequate to serve the place of worship.

(Ord. 1414-18; 12-10-18)