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HomeMy WebLinkAboutAgenda Item - 2026-01-20 - Number 08.1 - Presentation - Ordinance 2964, Home Occupation Standards 8. 1 PLANNING AND BUILDING SERVICES 04 � E �s H � -- O ° REGOc\ LU 25 - 0002 City Council Hearing Home Occupation Code Update January 20 , 2 0 2 6 Summary of Previous Study Sessions • Concepts for replacing existing standard that is not clear or objective with measurable, clear standards • Survey sent to home occupation owners • Addition of new agricultural use c� 1\V -� OI Summary of Proposed Home Occ Changes • Delete Subcriterion ( 1) • Classify home occupations into three types • Reference nuisance laws • Limit or ban outdoor activity (Two options) • Clarify daycares and adult care homes are exempt o�V� EOs °REGO Delete Subcriterion ( 1 ) A home occupation may be conducted where allowed by other provisions of this Code if the following conditions are continuously complied with: (1) The use does not alter the residential character of the neighborhood nor infringe upon the right of residents in the vicinity to the peaceful enjoyment of the neighborhood. • Difficult to understand • Makes it hard for Code Enforcement to respond to citizen concerns • Replace with more measurable and objective standards lA E 04 .!'m IV m O ,' Create Classification System • Create three types of home occupations • Type A: No customers come to site • Type B: Customers may come to site • Type C: Short-term rentals • Allows City to apply additional regulations to businesses that typically have greater impact o�V EOs °REGO Noise and Other Nuisances • Home occupations can create nuisances related to noise, odor, etc. • Existing City ordinances ( LOC 34.08, 34. 10) cover nuisance restrictions • Proposed code would clarify that LOC 34.08 and 34. 10 apply to home occupations o�V� EOs °REGO Type B Businesses : Outdoor Activity • Two options for how to handle outdoor activity based on feedback from PC and Council • Option 1 (Recommended by PC): Limited Outdoor Activity — permits small instructional classes of 6 or less • No more than 2 sessions per day or 6 per week • Hours limited to 9:OOa — 7:OOp • Not permitted on Sundays or public holidays • Option 2: No Outdoor Activity • Both options would permit outdoor activity that does not involve e4-,(N clients nI V �REG�� Daycare and Adult Care Centers • Family child chare and adult care homes are exempt from specific use regulations under state law • Proposed code would make this exemption clear to the public and home occupation owners c' OI �REGOc\ Urban Agriculture and Farm Stands • Create new use called urban agriculture • Permitted in R-10 and R-15 (lowest density) residential zones • Would allow both crop production and sales • Property must be at least one acre in size • Agricultural use also limited in size • Max 20,000 sf or 35% of lot • Limits on hours and number of clients permitted at once • Permitted 7:00a — 8:00p • 45 days per calendar year • Max number of customers determined by conditional use permit (Recommended by PC) • Motorized equipment only permitted from 7:OOa — 8:OOp LA F arm stands no longer proposed to be expanded to residential zones. ck GREGG; PC Recommended Changes to Home Occ Standards • Remove proposed ban on hazardous substances • Remove proposed requirements for commercially marked vehicles parked off the subject property • Remove limit on number of clients or customers for Type B businesses Limit on Hazardous Substances • Hazardous substance regulations are covered by Fire Code but not in the CDC • Proposed code would have banned hazardous substances in amounts greater than typically found in a home 1\V -� OI Limit on Commercial Vehicles • Would have imposed limit of one commercial vehicle parked off property • 300 foot radius defined as area of enforcement • Unlimited commercial vehicles parked on property c� OI �REGOc\ Type B Businesses : Limit on Number of Clients • Type B businesses would involve client visitation • Would have imposed limit of 8 clients at one time • Not related to limit on outdoor activity o�V� EOs \V O I °REGOc\ Staff Recommended Change • Change to Urban Agriculture definition to make it not applicable to businesses that would otherwise qualify as a Home Occupation : A site where food and/or plants are grown to be sold, including crops that will be used to produce alcoholic or other beverages, that does not qualify as a Home Occupation per LOC 50.03.004.b.ii. An area for serving or tasting can be included. The food and/or plants may be sold directly to consumers, restaurants, stores, or other buyers, or at markets. Heavy manufacturing is not allowed as part of this use. Staff Recommendation Approval of the proposed amendments to the Lake Oswego Community Development Code with changes recommended by the Planning Commission and staff recommended change. 1\V -� OI OAr&-P4_, 1�A F 0 Michael McNamee Associate Planner t•r H 1111Ara n mmcnamee@ci . oswego . or. us uo oREGO� Respect. Excellence. Trust. Service.