Tualatin council upholds staff ruling that Honeybucket yard's operations fit "solid waste" use, warns removal of tank may affect future review

The Tualatin City Council unanimously affirmed city staff's July 11 interpretation that Honeybucket's portable-toilet rental yard at 18805 Southwest 108th Avenue is best classified as a solid-waste-treatment-and-recycling use, not a wholesale-sales use, and adopted Resolution 5915-25 rejecting the applicant's appeal.

The decision followed a public hearing in which Associate Planner Madeline Nelson presented staff's analysis: the record showed on-site activities that included collection, storage, washing and temporary storage of waste and a site layout the code lists as an example for the solid-waste-treatment-and-recycling category. Nelson told council the use is not incidental or accessory as staff defines accessory uses and therefore is not a permitted wholesale-sales use in the ML zone.

Land-use attorney Marissa Mueller, representing Northwest Cascade Inc. (Honeybucket), argued the company's primary business is the wholesale rental of portable toilets and related equipment to contractors and events, and that any waste activity is accessory and occurs off-site. Jason Perry, Honeybucket's chief operating officer, described daily operations: trucks pump units at job sites, emptied units return to the yard for exterior cleaning and restocking, and wastewater is hauled to permitted facilities. "We're talking about toilets," Perry said, asking the council to interpret the code in a practical way that recognizes low-impact equipment rental.

Council members pressed for operational detail, focusing on the presence and use of an on-site storage tank that, staff said, held temporarily transferred wastewater before it was pumped into a larger truck and hauled to a wastewater facility. City Attorney Kevin explained that the code's illustrative examples (including "portable toilet collection, storage and pumping") describe characteristics staff used to reach its conclusion. Several councilors said that, on balance, the storage and recurring waste-handling activities described in the record supported staff's classification.

Council later voted to reopen the record to allow Honeybucket to address the storage tank question; with the record reopened the applicant offered to remove the storage tank if that would change the council's view. Ultimately the council voted to affirm staff's interpretation and adopt Resolution 5915-25, denying the applicant's appeal. Council discussion after the vote made clear some members would be open to reconsideration if the company removed the on-site storage tank and presented a new, site-specific application, while others said removal would not change their reading of the code for the ML zone.

What the council decided: Resolution 5915-25 affirms the city's prior code interpretation (INT25-0001) and upholds staff's view that the Honeybucket site's characteristics align with the city's solid-waste-treatment-and-recycling use category; the council did not approve a rezoning or conditional-use permit for the existing operation.

Next steps: Staff and the city attorney said they would advise how the applicant could proceed if Honeybucket removes the storage tank and wishes to seek a new interpretation, rezoning, or conditional-use process. No immediate permit or land-use approval was granted.

Quotes: "There's a storage tank on-site," said a member of staff summarizing the factual record that influenced the decision. Marissa Mueller said the company was "asking you to take a pragmatic, kinda realistic approach," and Honeybucket COO Jason Perry said the firm could remove the tank if that would change council's opinion.

Background: The code interpretation appeal (INT25-0001) was filed after a July 11 staff decision and a June request for interpretation by the applicant. The site is a 3.8-acre property in the Light Manufacturing planning district. The code sections cited in the hearing include TDC 31, TDC 32, TDC 39 (use categories), TDC 60 (light manufacturing), and TDC 63 (industrial uses and environmental regulations).

Why it matters: The ruling establishes the city's interpretation for this site and will guide how similar portable-toilet rental operations are classified in the ML zone in Tualatin. Councilors noting public-safety and environmental buffers stressed the importance of clear code language so future applicants and staff have consistent expectations.