Ord. 2629 - WDO Amendments related to Food Carts and Food Cart PodsCOUNCIL BILL NO. 3256
ORDINANCE NO. 2629
AN ORDINANCE ADOPTING AMENDMENTS TO THE WOODBURN DEVELOPMENT
ORDINANCE RELATED TO FOOD CARTS AND FOOD CART PODS (LA 24-02)
WHEREAS, the Woodburn Development Ordinance (WDO) establishes the
standards that development is required to meet and that clarity of those
standards is critical as the community continues to grow and prosper; and
WHEREAS, periodic revisions and updates to the Woodburn Development
Ordinance are necessary and expected to comply with statutes and
administrative rules, administer new and revised long-range plans, and address
current issues; and
WHEREAS, Section 4.10.09 of the WDO requires the City Council to initiate the
consideration of any potential legislative amendments to the WDO by resolution;
and
WHEREAS, on August 28, 2023, the Council, in conformance with WDO
4.01.09A, initiated Legislative Amendment 24-02 via Resolution No. 2218, directing
staff to review and revise the WDO regulations for food carts; and
WHEREAS, the Woodburn Planning Commission held three work sessions for
LA 24-02 between March 14, 2024 and April 25, 2024; and
WHEREAS, the Woodburn Planning Commission held a public hearing on
May 23, 2024 and unanimously recommended approval of the amendment to
the City Council; and
WHEREAS, the Woodburn City Council held a work session for LA 24-02 on
June 10, 2024; and
WHEREAS, the Woodburn City Council held a public hearing on June 24,
2024, and tentatively approved the legislative amendment; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. For purposes of this ordinance amendment, all new text is shown as
underlined (i.e. new text) and all deleted text is shown as stricken (i.e. do'afod
#e #). After this ordinance amendment is adopted, the Community Development
Director shall correct the WDO to incorporate all revisions contained herein.
Page - 1 - Council Bill No. 3256
Ordinance No. 2629
Section 2. The WDO is amended as specified in Exhibit A which is attached
hereto.
Section 3. The legislative action taken by the Ordinance is explained and
justified by the Staff Report and Analyses & Findings documents attached
hereto and incorporated herein as Exhibits B and C, respectively.
2.
Approved as to form: 7 &2 2DZL(
City Attor y Date
Approved: I ,—
Frank LonergqMayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page - 2 - Council Bill No. 3256
Ordinance No. 2629
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Woodburn Development Ordinance
WDO
Adopted by Ordinance 2313 on April 9,2002
Acknowledged December 22, 2006
Amended by Ordinance 2423 on July 28,2007
Amended by Ordinance 2446 on September 8, 2008
Amended by Ordinance 2465 on March 24, 2010
Amended by Ordinance 2473 on December 13, 2010
Amended by Ordinance 2480 on September 26, 2011
Amended by Ordinance 2492 on September 10, 2012
Amended by Ordinance 2509 on August 12,2013
Amended by Ordinance 2510 on September 23, 2013
Amended by Ordinance 2520 on July 28,2014
Amended by Ordinance 2526 on February 9, 2015
Amended by Ordinance 2538 on September 26, 2016
Amended by Ordinance 2541 on November 14,2016
Amended by Ordinance 2544 on January 9, 2017
Amended by Ordinance 2561 on July 9,2018
Amended by Ordinance 2562 on September 10, 2018
Amended by Ordinance 2573 on June 24, 2019
Amended by Ordinance 2579 on April 13, 2020
Amended by Ordinance 2602 on May 9, 2022 (LA 21-01)
Amended by Ordinance 2603 effective June 30,2022 (LA 21-02)
Amended by Ordinance 2621 on February 26,2024 (LA 21-03)
TABLE OF CONTENTS
VOLUME 1 ORGANIZATION AND STRUCTURE
1.01 Stfu Ct:Ure.................................................................................................................................3
.............................................................
1.02 Definitions..............................................................................................................................7
...........................................................................
1.03 .0f..Y.J:.C.:.a::.... oflin .............................................................................................................29
1.04 N r;).9.2! lcrr::prrir) �,u1s�s �t�� a��;��lc�,. �-n t...............................................................................31
1.05 Plan:p:➢.i..p:➢.. .....:c p ssioti...........................................................................................................35
1.06 .Desig ]E���i���v ]::�cr�rr��...........................................................................................................39
VOLUME 2 LAND USE ZONING AND SPECIFIED USE
STANDARDS
2.01 vuetiei rl :Piovisicrris................................................................................................................41
...............................................................................................................................
2.02 Residential Zones..................................................................................................................45
........................................................................................................................
2.03 a"�`crrrrrerci�rl Zoties................................................................................................................69
...............................................................................................................................
2.04 industrial and Public Zones ..................................................................................................83
.......................................................................................................................................................................................
2.05 Ove.rlr�ict:s
2.06 a Djst ...................................................................................................................93
...............
Accesscrr'. StEq�...........................................................................................................107
.............................................................
2.07 . .lirl lulss........................................................................................................................111
2.08 St�ecific Conditional Uses...................................................................................................129
VOLUME 3 DEVELOPMENT GUIDELINES AND STANDARDS
3.01 Streets fur en.way,. t_ ttz r t l tr t]Ilr leTedestrian a `cordons �rr�d ]I ris �"rM�it;....135
3.02 Utilities and II.,lasernent:s.......................................................................................................157
.............................................................................................................................................................
3.03 . . t:back:s.....and:. :._�.::�.. g � .ace ...................................................................................................161
3.04 v ijCrIIaI & I 1 3 j c cle/.pedestrian Access .............................................................................167
3.05 ..0 f.�.'::.S.tt. .et:....q�at_k i.p:�:. .._�.p:�: :...:�:::..2.�: :�:p:�.: ..........................................................................................181
3.06 :1. ati i ........................................................................................................................205
3.07 r::c�h:..teCtUr::a:.....Desiun.:...........................................................................................................227
3.08 Paint otis grid Sri rdivisjotis..................................................................................................257
......................................................................................................................................................................................
3.09 Planned..._�.ulp:�:.i.t:....:. ;v; :. Rt��:. r:�a:�.................................................................................................259
3.10 .........................
i ..... .. ..................................................................................................271
3.11 tl 1.� ................................................................................................295
VOLUME 4 ADMINISTRATION AND PROCEDURES
4.01 Decision:::::MakinaAr:gd !r ................................................................................................299
4.02 1IIS! %env, int r; rotation and II?,rel`orcernent:............................................................................313
VOLUME 5 APPLICATION REQUIREMENTS
5.01 Tm q Q Adrnjnjstr��rdvel�ecisjo s......................................................................................323
5.02 T q®q® tAdministrati :�!LjSj rr.S...........................................................................331
5.03 TYRLLt2gqi �ecisjotis....................................................................................341
:. .
5.04 qV t.. uasi..Dudiirl 1isicrr�s....................................................................................351
1.02 Definitions
Note: Terms not defined in this Section have the meaning set forth in the New Oxford American
Dictionary, 2010 edition (see Section 4.02.06.B.6.)
Abutting: Touching on the edge or on the line, including at a corner. It shall include the terms
adjacent, adjoining and contiguous.
Access: The place, means or way by which pedestrians or vehicles have ingress and egress to
and/or from a lot or use.
Accessory Building, Structure or Use: A detached building, structure or use which is incidental
and subordinate to, and supports the primary use on, the same premises.
Accommodations:
• Bed and Breakfast Inn: A single-family dwelling with at least one room offered to the
general public for lodging on an overnight or weekly basis, with a meal provided.
• Hotel: A building in which rooms are offered to the general public for lodging on an
overnight or weekly basis, where the primary entrance is through a lobby or foyer with
internal circulation to the rooms.
• Living Unit: A room or suite of rooms,providing living and sleeping facilities for one or
more persons where either cooking or eating and/or sanitation facilities are shared. In a
rooming and boarding house, each bed rented for compensation is a"Living Unit." Note:
Living unit is not synonymous with"dwelling unit."
• Motel: a group of attached or detached buildings, in which more than five rooms are
offered to the general public for lodging on an overnight or weekly basis, where the
rooms have direct access to the outside without the necessity of passing through the main
lobby of a building.
• Rooming and Boarding House: A residential building or portion thereof with guest
rooms, providing lodging or lodging and meals, for three or more persons for
compensation.
ADA: The acronym refers to the federal Americans with Disabilities Act(1992) and in the
context of WDO standards means compliance with contemporary federal provisions with which
developers are bound to comply as standards and compliance with any contemporary
supplemental state of Oregon provisions with which developers are bound to comply as
standards.
Adjacent: Near, close or bordering but not necessarily contiguous with; adjoining but separated
by a right-of-way.
Administrative Body: The City Council, Planning Commission, Design Review Board, or staff
member having the jurisdiction to hear and decide proceedings on land use actions.
Alley: A public right-of-way not more than 20 feet wide and not less than 10 feet in width that
provides vehicular access to property instead of or in addition to a public street, that intersects
with a public street, and that can serve as a utility corridor. Distinct from "Shared Rear Lane".
Woodburn Development Ordinance Chapter 1.02 Page 7
• Single-Family Dwelling: A detached building constructed on a single lot, containing one
dwelling unit designed exclusively for occupancy by one family.
• Triplex: Three (3) attached dwelling units on a lot.
• Accessory Dwelling Unit(ADU)—An interior, attached, or detached residential
structure that is used in connection with, or that is accessory to, a single-family dwelling.
Note: Where it appears in the WDO, reference to dwelling or dwellings "other than
multiple-family" excludes ADU unless a specific provision specifies otherwise.
Employees: All persons, including proprietors,performing work on a premises. For calculating
required off-street parking, it shall be the number present during the largest shift or peak season.
Family: An individual or two or more persons related by blood, marriage, legal adoption or
guardianship, or a group of not more than five persons (excluding servants) who need not be
related by blood or marriage, living together in a dwelling unit. "Family" shall include two or
more handicapped persons as defined in the Fair Housing Amendments Act of 1988 living as a
single housekeeping unit.
Final Action and Final Decision: The City's final decision on a permit application for which
there is either no appeal to another decision-maker within the City, or, if there is the possibility
of a local appeal, an appeal was not timely perfected in accordance with the Woodburn
Development Ordinance.
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laglll d dQwti a sidewalk acv stTee , and is plinlardy qsed:..�oir the sale 4 �ood acid/air I)ev lraggs
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1v21iy....
Frontage: That portion of a lot which abuts a public street.
Garage: A building, or portion of a building, which is completely enclosed and designed for the
storage or parking of a vehicle.
Grade: Adjacent ground elevation is the lowest point of elevation of the finished surface of the
ground,paving or sidewalk within the area between the building and property line or, when the
property line is more than 5 feet from the building, between the building and a line 5 feet from
the building.
Greenway: For purpose of applying greenway standards, the Mill Creek Greenway as the
Mill Creek Greenway Plan (2006-2007 and as amended) identifies.
Greenway trail: The mainline bicycle/pedestrian facility within a greenway, as distinct from
spurs and supplemental paths and trails.
Gross Floor Area (GFA): The sum of the gross horizontal areas of the several floors of a
building, measured from the exterior faces of the exterior wall or from the centerline of walls
separating two buildings, but not including:
1. Attic and basement space providing headroom of less than seven feet;
2. Uncovered steps or fire escapes;
3. Private garages, carports, or porches;
Woodburn Development Ordinance Chapter 1.02 Page 16
I. In the case of an interior lot, a line separating the lot from the street.
2. In the case of a corner lot, a line separating the lot from the street from the
architectural front of the existing or contemplated primary building.
3. In the case of a flag lot resembling Figure 1.02D example Lot 3, the lot line
which is most nearly parallel to the street that provides access to the interior lot,
or resembling example Lot 4 by not having a pole, then the lot line most nearly
parallel to the access easement and that is closest to the easement.
• Rear Lot Line:
1. In the case of an irregular, triangular, diamond, or trapezoidal shaped lot which is
narrowest at the rear and has a distance between the side lot lines at the rear of
less than ten feet, the rear line for setback purposes shall be an assumed line
within the lot ten feet in length,parallel to, and at the maximum distance from, the
front lot line; or
2. In any other case, the lot line opposite and most distant from the front lot line.
• Side Lot Line: Any lot line, which is not a front or rear lot line.
Lot Width: The horizontal distance between the side lot lines, measured at right angles to the lot
depth at a point midway between the front and rear lot lines.
Manufactured Dwelling Park: Any place where four or more manufactured dwellings are
located within 500 feet of one another on a lot, tract or parcel of land under the same ownership,
the primary purpose of which is to rent or lease or use facilities or to offer space free in
connection with securing the trade or patronage of such person. The term does not include a lot
or lots located within a subdivision being rented or leased for occupancy by no more than one
manufactured dwelling per lot, if the subdivision was approved pursuant to ORS Chapter 92.
• Park Space: Any area or portion of a manufactured dwelling park, which is designated or
used for the placement of one manufactured dwelling and appurtenant facilities.
Middle Housing: Duplexes, triplexes, quadplexes, cottage clusters, and townhouses as defined in
ORS 197.758(1)(a) & (b) and OAR 660-046-0020. The WDO remains applicable if and where it
adds definition, description,provisions, requirements, or standards that do not conflict with statute
or administrative rule.
Mini-Storage Warehouse: An area within an enclosed building or structure used for the storage of
personal property for compensation.
�s
r Sad ,Q��fl used 0 veli T � (ood � aop d � vatio w �lmii��a 1(D!I G �4
Mobile Foo e i of t � �������� that rr ���u a��u� �.a� �
MUTCD: The acronym refers to the Manual on Uniform Traffic Control Devices published by
the United States Department of Transportation (U.S. DOT) Federal Highway Administration
(FHWA) and in the context of WDO standards means compliance with contemporary federal
provisions with which developers are bound to comply as standards and compliance with any
contemporary supplemental state of Oregon provisions with which developers are bound to
comply as standards.
NACTO: The acronym refers to the National Association of City Transportation Officials,
which publishes the Urban Street Design Guide.
Woodburn Development Ordinance Chapter 1.02 Page 19
2.03 Commercial Zones
A. The City of Woodburn is divided into the following commercial zones:
1. The Downtown Development and Conservation (DDC) zone is the community's retail
core,providing for unique retail and convenient shopping
2. The Commercial General (CG) zone is the community's primary commercial area,
providing for businesses requiring extensive land intensive outdoor storage and display
of merchandise, equipment, or inventory.
3. The Commercial Office (CO) zone is intended primarily for office type development,
with limited retail activity.
4. The Mixed Use Village (MUV) is intended to promote efficient use of land that
promotes employment and housing through pedestrian-oriented development.
5. The Neighborhood Nodal Commercial (NNC) zone is intended to meet the shopping
needs of nearby residents in a compact commercial setting
B. Approval Types (Table 2.03A)
1. Accessory Uses (A) are allowed outright, subject to the general standards of this
Ordinance.
2. Conditional Uses (CU) may be allowed, subject to the general development standards of
this Ordinance and conditions of Conditional Use approval.
3. Permitted Uses (P) are allowed outright, subject to the general development standards
of this Ordinance.
4. Special Permitted Uses (S) are allowed outright, subject to the general development
standards and the special development standards of Section 2.07.
5. Specific Conditional Uses (SCU) may be allowed, subject to the general development
standards of this Ordinance, the specific standards of Section 2.08, and conditions of
Conditional Use approval.
Uses Allowed in Commercial Zones
Table 2.03A
Use Zone
Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) DDC CG CO MUV NNC
Special Permitted Uses(S) Specific Conditional Uses(SCU)
A I Civic Uses
1 Public administration, aquatic facilities, fire protection,
government and public utility buildings and storage P P P P P
yards
Woodburn Development Ordinance Chapter 2.03 Page 69
Uses Allowed in Commercial Zones
Table 2.03A
Use Zone
Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) DDC CG CO MUV NNC
Special Permitted Uses(S) Specific Conditional Uses(SCU)
2 Public and private schools, house of worship, civic and P P P P P
social organizations
3 Rights-of-way, easements and improvements for streets,
water, sanitary sewer, gas, oil, electric and
communication lines, stormwater facilities and pump P P P P P
stations.
B Commercial Retail and Services
1 Ambulance service CU 3 CU 3 CU CU 3
2 Automotive maintenance and gasoline stations
CU CU 3 P 6
including repair services
3 Bakeries, delicatessens, grocery and convenience stores P P P P
4 Bowling, skating, movie and performing arts theaters P P P
5 Building material and garden equipment P s p 5 p 5 p 5
6 Business services P P P P
7 Computer, commercial, electric motor,precision P 4 P 1 P 4 P 4
equipment, industrial and home goods repair.
8 Contractors:
a. Flooring and roofing
b. Equipment and machinery 4 4 6
c. Glass and glazing P P P
d. Masonry, drywall, insulation and the contractors
e. Other types of contractors
9 Craft industries:
a. Apparel manufacturing
b. Leather manufacturing, furniture and related S S S S S
product manufacturing, including cabinets
c. Sporting goods manufacturing
d. Doll, toy and game manufacturing
10 Delivery services S S S S S
11 Dry cleaning, laundry and self-service laundry service P 7 P S P
12 Fitness and recreational sports P P P P P
11 Funeral home P P P P P
15.
Hospitals and ancillary uses CU 3
1 ) Hotels, motels and bed and breakfast inns P P P P P
17 1° iiNle �'oo i services
Woodburn Development Ordinance Section 2.03 Page 70
18. Office and office services and supplies P P P P P
12 Other amusements, including ballrooms p 1
20 Pawn, check cashing,payday loan and cash transfer CU I P P
1 Printing,publishing, copying, bonding, finance,
14 insurance, medical, data processing, social assistance, P 7 P P P P
legal services, management, and corporate offices
22Professional services P P P
2" Restaurants and drinking places P 7 P P P P
2Retail trade offering goods and services directly to P 7 P P P
2 customers
25 Spectator sports P i
26 Taxidermist CU 3
2.7„ Veterinary service CU 3
28 Wine and liquor CU 7 P P
C Industrial
1 Charter bus, special needs transportation, transit system, CU 3
school transportation, limousine service and taxi service
2 Heavy equipment and motor vehicle sales:
a. Manufactured(mobile) home dealers
b. Motor vehicle and parts dealers, including new car,
used car, recreational vehicle, motorcycle, boat,
parts and tire dealers CU 3
c. Truck dealers, including new truck, used truck,
parts and tire dealers
d. Tractor, farm machinery and equipment dealers
e. Farm, garden and landscaping supplies
3 Manufacturing of metal products, furniture and cabinets P 4 P 6
4 Motor freight transportation and warehousing,
including local or long-distance trucking or transfer
services, storage of farm products, furniture, other CU i
household goods, or commercial goods, and mini-
storage
Woodburn Development Ordinance Section 2.03 Page 71
Uses Allowed in Commercial Zones
Table 2.03A
Use Zone
Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) DDC CG CO MUV NNC
Special Permitted Uses(S) Specific Conditional Uses(SCU)
5 Motor vehicle towing CU 1
6 Parking lots and garages P P P P
7 Recreational vehicle park CU I
D Miscellaneous
I Facilities during construction S S S S S
2 Fence or free-standing wall A A A A A
3 1 t'ffit)()f ffy otfwoof fflafhel4fig afffl 9�5pecial events;
k ffi
Af:s aflfl efkaks'
afff'] I)tNtf kigt"i; iffel udifig fflabile ��aof'l
sefviees
6Seasofial Sales (4 if e*afhq; (41fis+fflas 4t
pfod tice of pi atl t Mat efi al S S S S S S
HSt'fflefl t fifles afffl gaffles
fLa. Affy (4hef HiefelIkIfIffise of qefviee "Vhieh is fleithef
'I(!(!t";S0fY 4') a p+ifflaiFy; pefflikitletit use o tke
ff0fIftifty Hof ffiafhe�ed by effltAayees o�1�thklt
peffflatlefit use
E Residential
I One dwelling unit, in conjunction with a commercial P P P P P
use
2 Triplexes P CUI P P
3 Quadplexes P CUI P P
4 Townhouses P CUI P P
5 Child care facility, group home, and nursing home P 8 P 8 P 8 P 8 P
6 Multiple-family dwellings P CUI CU P P
Woodburn Development Ordinance Section 2.03 Page 72
1. Not allowed in the Gateway Overlay District
2. Only allowed in the Gateway Overlay District
3. Allowed outright if not within 200 feet of residentially zoned properties
4. Within a building, no outdoor storage or repair
5. All outdoor storage and display shall be enclosed by a seven foot masonry wall.
6. Existing uses are allowed as a permitted use, new uses are not allowed in the MUV
7. Drive-throughs are not allowed
8. Child care facility for 13 or more children, group home for six or more persons
9. Except allowed as a permitted use in the Gateway Overlay District and prohibited in the
Interchange Management Area Overlay District(Amended by Ordinance 2573,passed June
24, 2019)
Woodburn Development Ordinance Section 2.03 Page 73
2.04 Industrial and Public Zones
A. The City of Woodburn is divided into the following industrial and public zones:
1. The Light Industrial (IL) zone, which is intended for industrial activities that include
land-intensive activities;
2. The Industrial Park (IP) zone, which is intended for light industrial activities in apark-
like setting;
3. The Public and Semi-Public (P/SP) zone, which is intended for public uses,parks,
schools and cemeteries.
4. The Southwest Industrial Reserve (SWIR), which is intended for employment and
industries identified in the 2016 Target Industry Analysis;
B. Approval Types (Table 2.04A)
1. Accessory Uses (A) are allowed outright, subject to the general standards of this
Ordinance.
2. Conditional Uses (CU) may be allowed, subject to the general development standards of
this Ordinance and conditions of Conditional Use approval.
3. Permitted Uses (P) are allowed outright, subject to the general development standards
of this Ordinance.
4. Special Permitted Uses (S) are allowed outright, subject to the general development
standards and the special development standards of Section 2.07.
5. Specific Conditional Uses (SCU) may be allowed, subject to the general development
standards of this Ordinance, the specific standards of Section 2.08, and conditions of
Conditional Use approval.
Uses Allowed in Industrial Zones
Table 2.04A
Use Zone
Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) IL IP P/SP SWIR
Special Permitted Uses(S) Specific Conditional Uses(SCU)
A I Civic Uses
1 I Golf driving range P P CU
2 Parks,play grounds and associated activities, golf courses P
without a driving range
3 Public administration, aquatic facilities, fire protection, P P CU P
government and public utility buildings and storage yards
Woodburn Development Ordinance Chapter 2.04 Page 83
Uses Allowed in Industrial Zones
Table 2.04A
Use Zone
Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) IL IP P/SP SWIR
Special Permitted Uses(S) Specific Conditional Uses(SCU)
4 Rights-of-way, easements and improvements for streets, water,
sanitary sewer, gas, oil, electric and communication lines, P P P P
stormwater facilities and pump stations.
5 Trade schools P P CU CU
B Commercial Retail and Services
1 Ambulance service P P
2 Automotive maintenance and gasoline stations, including P P
repair services
3 Business services P P
4 Contractors:
f. Flooring and roofing
g. Equipment and machinery P P P
h. Glass and glazing
i. Masonry, drywall, insulation and the contractors
j. Other types of contractors
5 Delivery services S S S S
6 Fitness and recreational sports P P P
7 Hospitals and ancillary uses P CU P
9.8, Mobile Pf'ood Sservices S S S
IQ1 Restaurants and drinking places P P P
I I Marijuana dispensaries S S
C Industrial
1 Auction houses, except livestock and poultry sales CU
2 Automotive wrecking yards CU
3 Charter buses, special needs transportation, transit system, P P
school transportation, limousine service and taxi service
4 Chemical manufacturing CU CU CU
5 Distribution and E-commerce including; wholesale trade, farm P P P
supplies and merchant wholesalers,packaging and labeling
services.
6 Recycling center CU CU CU
7 Asphalt or Portland cement concrete batch plant CU CU
8 Commercial and industrial equipment repair, transit and P CU CU
ground transportation
Woodburn Development Ordinance Section 2.04 Page 84
Uses Allowed in Industrial Zones
Table 2.04A
Use Zone
Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) IL IP P/SP SWIR
Special Permitted Uses(S) Specific Conditional Uses(SCU)
9 Electronic and other electrical equipment and components,
including manufacturing machinery, apparatus, and supplies
for the generation, storage, transmission, transformation, and
utilization of electrical energy; electricity distribution
equipment; electrical industrial apparatus; household P P P
appliances; electrical lighting and wiring equipment; radio and
television receiving equipment; communications equipment;
electronic components and accessories; and other electrical
equipment and supplies
10 Fabricated metal products, including fabricating ferrous and
non-ferrous metal products such as metal cans, tin ware, hand
tools, cutlery, general hardware, non-electric heating CU CU P
apparatus, fabricated structural metal products, metal forgings,
metal stampings, and metal and wire products
11 Industrial and commercial machinery and computer
equipment, including engines and turbines; farm and garden
machinery; construction, mining, and oil field machinery;
elevators and conveying equipment; hoists, cranes, monorails,
trucks and tractors; metalworking machinery; special industry P P P
machinery; general industrial machinery; computer and
peripheral equipment, computer, semiconductor, laboratory
instrument, and office machinery, manufacturing; refrigeration
and service industry machinery manufacturing
12 Heavy equipment and motor vehicle sales:
e. Manufactured home dealers
f. Motor vehicle and parts dealers, including new cars, used
cars, recreational vehicles, motorcycles, boats,parts and tire
dealers S S
g. Truck dealers, including new trucks, used trucks,parts and
tire dealers
h. Tractor and farm machinery and equipment dealers
i. Farm, garden and landscaping supplies
Woodburn Development Ordinance Section 2.04 Page 85
Uses Allowed in Industrial Zones
Table 2.04A
Use Zone
Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) IL, 1P P/SP SWIR
Special Permitted Uses(S) Specific Conditional Uses(SCU)
13 Manufacturing:
a. Apparel manufacturing
b. Beverage, food and tobacco
c. Furniture and related products
d. Leather and allied products P P P
e. Paper, limited to assembly
f. Metal product manufacturing
g. Miscellaneous manufacturing
h. Plastics and rubber
i. Textile products
14 Motor freight transportation and warehousing, including local
or long-distance trucking or transfer services, storage of farm P P P
products, furniture and other household goods, commercial
goods, and mini-storage
15 Non-depository credit institutions engaged in extending credit P P
in the form of loans, but not engaged in deposit banking
16 Paper manufacturing CU
17 Parking lots and garages P P
18 Petroleum and coal products manufacturing with all storage CU
underground
19 Printing,publishing, and allied industries P P P
20 Professional services including software publishers P P
21 Stone, clay, glass, and concrete products including
manufacturing flat glass, other glass products, cement,
structural clay products,pottery, concrete and gypsum P
products, cut stone, abrasive and asbestos products, and other
products from materials taken principally from the earth in the
form of stone, clay, and sand
22 Telecommunication facilities subject to Section 2.08.03 SCU SCU SCU
23 Wholesale trade in durable and non-durable goods P P P
24 Wood product manufacturing P P P
D I Miscellaneous
1 Facilities during construction S S S S
2 Fence or free-standing wall A A A A
Woodburn Development Ordinance Section 2.04 Page 86
Uses Allowed in Industrial Zones
Table 2.04A
Use Zone
Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) IL IP P/SP SWIR
Special Permitted Uses(S) Specific Conditional Uses(SCU)
3 I t'ffit)0f ffy i'*Fwoof fflafkei4fig afifl special events
a. Afts atid ef,4(
�). 14)ofl aflfl be'tf k(gt"i; 4161 udiff g M 4)ije k)ofl sefvieeq
6� seasomil Sales (')[� [ifewofks; Gllfis�fflas 4+ees; produee ol-
pi atl t M R�efi al s S S S S
Amusemetit i44'es atid games
f-a. Aoy a44ief mefellkloffise of qefviee "Vhieh is fleithef
'1(X!t";S0fY 4') a p+ifflaiFy; pefflikitletit use <)[�tke pfopefty; t1of
fflafke�ed by effltAayees 14 1�thkl�twffflafftifft UStl
E Residential
I One dwelling unit in conjunction with an industrial use P P P P
C. Development Standards (Tables 2.04B-E)
Light Industrial (IL) - Site Development Standards
Table 2.0413
Lot Area, Minimum (square feet) No minimum
Lot Width, Minimum (feet) No minimum
Lot Depth, Minimum (feet) No minimum
Street Frontage, Minimum (feet) No minimum
Front Setback and Setback Abutting a Street, Minimum (feet) lot
Side or Rear Abutting P/SP zone or a residential zone or use 30
Setback, Minimum
(feet) Abutting a commercial or industrial zone 0 or 5 2
Setback to a private access easement, Minimum (feet) 5
Lot Coverage, Maximum Not specified 3
Building Height, Primary or accessory structure 70
Maximum (feet) Features not used for habitation 100
1. Measured from the Street Widening Setback (Section 3.03.02), if any.
2. A building may be constructed at the property line, or shall be set back at least five feet.
13. Lot coverage is limited by setbacks, off-street parking, and landscaping requirements.
Woodburn Development Ordinance Section 2.04 Page 87
2.07 Special Uses
Special Permitted Uses are allowed outright, but are subject to additional requirements designed
to ensure their compatibility with, or mitigate their impact on, surrounding (usually residential)
development.
2.07.01 General Provisions
2.07.02 Boat, Recreational and Vehicle Storage Pad
2.07.03 Common Boat, Recreational and Vehicle Storage Area
2.07.04 Community Club Buildings and Facilities
2.07.05 Craft Industries
2.07.06 Delivery Services
2.07.07 [Struck]
2.07.08 Facilities During Construction
2.07.09 Golf Courses
2.07.10 Home Occupations
2.07.11 House of Worship
2.07.12 Industrial Sales
2.07.13 Manufactured Dwelling Park(MDP)
2.07.14 Manufactured Dwelling on a Lot
2.07.15 Mobile Food Services
2.07.16 Residential Sales Office
2.07.17 i m afafy..Owdoof Mafkel4fig afid...Special Events
2.07.18 Temporary Residential Sales
2.07.19 Marijuana Dispensaries
2.07.20 Accessory Dwelling Units
-02.07.22( .......Cottage Cluster
; q a�a:���i.... air�ste8 �,.������ Pods,
.ods.
2.07.01 General Provisions
A. Application
1. Special uses are subject to specific development standards. These standards are
non-discretionary, so special review of a proposed development is not required. The
standards contained in this Section apply to Special Uses.
2. The standards contained in this Section may be modified through the Conditional Use
process.
B. Development Requirements
Unless specifically modified by the provisions of this Section, special uses are also subject
to the development requirements of the underlying zone. Where the special use standard
imposes a more restrictive standard, the special use standard shall apply.
Woodburn Development Ordinance Chapter 2.07 Page 111
required of single-family dwellings constructed under the State Building Code, as defined
in ORS Chapter 455.
2.07.15 Mobile Food Servicels'',
A. The moNle �'ood seMk'e Opgiaklr shall comply �yjth all applicalfle 01y., Woodl)urti 11ITe
DistrictMajoti Cou .11Y �110 5�� as 129122ittitIg �Ild it i ilretlletatty� PeTtIlIts
2 � t ce IsItia!��W!
shall I)e pjQpgjJy !I]aititaitied atid iretiewed. use shall be lifflited to the pi-epafatiafl afld'/of
sale o[' 1�1 ood atid I)evefages 1�1 R)"I a Velliele of tea ilef
B. Business Operations-,
I Shall tiot iremaiti at otie Q�ii �Igl]g its Iroute �"oir moire thati o.'ouir houirs� All gggo�,2.
teMj?Qjajy �'acjljtjes, atid sjgfl� �I]gfl I)g jg!j](�ygd p1joir to deVaIrtHIg gg�l] stop,
4-.2. Shall not be conducted within public rights-of-way,
2-3. Shall be conducted on plivaje property with the written consent of the property owner
atid shall tiot Wock drivewayw, oir pdQj� jtlg d Jsje;L
C� Thtl HStl Shall flat Weeh dfive"Vay'i; ef4faflees of
1) .... I'Ile base (4'opefatiefis [Q')f fRobile [Q)od w4:yiee utlits sliall Ian" itiside tke ifidusifial i"ofles� tjse
es k)f dle ff epaf'144 ofl; tilaif4efl aflet; Of S4)f agt' af t1a of til(4)ije k)of't
sefviee t.utaQtrw Is pfollil)ited�
2,07.16 Residential Sales Office
A. The office shall be located on a lot within a subdivision or planned development, or on a
space within a manufactured dwelling park.
B. The principal use of the office shall be the sale of lots, renting of spaces, or the sale of
dwellings or manufactured dwellings on lots or spaces within the development.
C. The office shall have a finished exterior and the site must be landscaped.
D. Business shall be conducted between 8:00 a.m. to 8:00 p.m.
2,07.17 ecial Events
1�
ial Ivetits
Types 'Im
L
eta evetitwith a maximum duiratioti 4thiree cotisecutive &W,
2, Reculrdtig F'vetit- Ati evetit with a maximum duiratioti Qty otic day pgj�ggh, ,vbjch may
'recill Q'r uJ2 to ]6 cotisecutive weeks.,
S asotial Ivetit- Ati evetit with a maximum duTatioti 4'30 cotisecutive &W, $gasotial
e,
evetits aire limited tQ two 12gi Q,aletlda'r Y�:«a!PgI cute,
B. Permitted Uses
1. Seasonal sales of ex,rnplt°s jrichj(je fireworks, Christmas trees,produce or plant materials, etCj,
& ept
2. Amusement rides, atid games, atid otheT �'oniis 4'etiteir[aitimetit.,
3. meTchatidise of services,
4, Atiy otkef mefeliatidise of 'WFVR!t' txetJA"lan'Juatia dispetisaiFiesl�ood cairts aire pgIn]jtted,
Woodburn Development Ordinance Chapter 2.07 Page 119
sjtlgll lvl!]!g!!'; .uijtlg jigj as as seasotial evetit.,
4-5. Manju tia d' ed as a➢iy jypg Q�"�I?g�,Jal evetit.
�9 ��
11
DtffatiOfl
p. sit1gle evefits shall I)e limited to...a ffla)(ifflum dutiotl ('41 difee cofiseetitive days; wick all
goods; teiilpafafy a(lilities afid sigos feiiloved *44141 24 houfs (4elasifig ofl the last day
o["eaell eveflt�
I Rectiffitig an '"fits shall I)e limited to as 01a)(ifflum dufatiotl ('41 ofie day; W4 all goods;
�efflpafafy �Xaeilitieq ad sigos fe4ileved withifl 24 lloufs ('4�eaell evefltF"Vefits May
f eocetif ofl ce pef"Y e A I�of a "I wo M um o[ 3 6 w e A s
eNeeedifig 4ilefe thaf+
St'W50flal SkIles shall be lifflited to two eYef4q; with eklell evtlflt MA
30 cofiseetitive days�
Qpgl�jj()tial J�ew!!'IrenletltS
4-1. Events shall only be conducted between the hours of 8:00 a.m. and midnight.
2.
5,2. The evetiHaase shall not block driveways, entrances, or parking aisles.
4-3. The required parking for all other uses of the property shall not be diminished below
that required by this ordinance (Section 3.05).
-7-4. The evetiakse shall conform to all setback standards for the applicalfle zone.
8-.5. Respotisil)ilities'Fhe l;veli opglaajgj whll-
a. I I he evefit a valid Spg�,Jal F:,vetit Peirmit �'oir each evetit�:
1:): Shall possess as valid Special evefit pefnI4 [�')f eaell eveflt;
1); Shall Iffle responsible for compliance with use standards, crowd and traffic
control, and for sanitation, including rest rooms, waste disposal, and cleanup-,
atid�
c. Remove all uA�. !��nipgjary �'acjljtjes, atih
d sjgfl� Eithiti 24 ourS (A"clOsItIa gl]'
the laast day (J'the evetit. 11 Ur IreCLUrritIg gvelits, this ]realignigtit applies to each
9-6. The operator of a special evetitbtse shall possess valid certification of compliance
for all applicable health, sanitation, and safety standards of the City and other
applicable jurisdictions.
447. AJe tefflpofaiFy otttdoof fflafketitig as sSpecial events shall not be located
within a public right-of-way unless authorized by the appropriate jurisdiction (City of
Woodburn,Marion County, or the Oregon Department of Transportation).
D. City SpQflsoired Spga,Jal FlvetltS oti City QEI]gd 1?1(�I?gIIy gIg I]QI IggiJired to ol)taiti a Spg�,Jal
v efl t Pg!!22!
C2-E.Existing businesses with outdoor product display areas are not required to obtain a
Femp-of kliFy Outdoof Nlafketitig as Special Events permit, but are limited to the following:
1. Products sold within the primary building;
2. Covering no more than ten percent of the gross square footage of the buildings on the
property;
Woodburn Development Ordinance Chapter 2.07 Page 120
3. Retaining a minimum of four feet for pedestrian clearance along any adjacent walkway.
2.07.18 Temporary Residential Sales
A. Permitted Uses
1. Produce and plant materials grown on the subject property
2. Estate, garage and yard sales
3. Crafts and other hobby items
B. Number of Sales per Year
1. Estate, garage, yard, craft and hobby sales
a. The number of sales, in any combination, conducted at the same site, shall not
exceed three in any calendar year.
b. The duration of each sale period shall not exceed three consecutive days.
2. A sale of produce and plant materials grown on-site shall be limited to one event,no
longer than 60 days in duration.
C. Sales shall be conducted between the hours of 8:00 a.m. and 8:00 p.m.
D. All signs shall be taken down the day the sale ends.
Woodburn Development Ordinance Chapter 2.07 Page 121
(1) Off-street parking spaces and vehicle maneuvering areas shall not be located:
(a) Within 20 feet of any street property line;
(b) Between a street property line and the front facade of cottages located
closest to the street property line.
(2) Off-street parking spaces shall not be located within 5 feet of any other property
line, excepting property lines along alleys or shared rear lanes. Driveways and
drive aisles shall not be located within 5 feet of other property lines except(A)
along alleys or shared rear lanes or(B) Section 3.04 requires to adjoin such
property lines to meet cross access or shared access standards.
c. Screening. Landscaping, fencing, or walls minimum 3 feet high, shall separate
pooled parking or shared parking areas and parking structures from common
courtyards and public streets.
d. Garages and carports.
(1) Garages and carports (whether shared or individual) shall not abut common
courtyards.
(2) Individual attached garages up to 200 square feet shall be exempt from the
calculation of maximum building footprint for cottages.
(3) Individual detached garages shall be maximum 400 square feet GFA.
(4) Garage doors for attached and detached individual garages shall be maximum
20 feet in width.
7. Accessory Structures. Accessory structures shall be maximum 400 square feet GFA.
8. Existing Structures. On a lot or parcel to be used for a cottage cluster project, an existing
detached single family dwelling on the same lot at the time of proposed development of
the cottage cluster may remain within the cottage cluster project area if the development
meets the following provisions:
a. The existing dwelling may be nonconforming with the WDO as Section 1.04 allows.
b. The existing dwelling may be expanded up to the maximum height or the maximum
building footprint per this Section 2.07.21; however, existing dwellings that exceed
the maximum height and/or footprint per Chapters 1.04 and 2.02 shall not expand.
c. The GFA of the existing dwelling shall not count towards the maximum average
GFA of a cottage cluster.
d. The existing dwelling shall be excluded from the calculation of orientation toward
the common courtyard.
2.07.22 Food 1�;airt : if�"a�od 1';;airtPods
This..,"wl"ctiQD1Cfl is i➢itG"➢i@.l"@..:..tQD l""w afli"w .@.1"l/l" QD15V1rVl"➢]1.. wta➢i@.alr@."w QDr QDQD@.....ca1rV"wa➢i@. QDQ... .,..
gI]sgIre they...alrl wa:Ile. wa1Cmall. �tiid atticad tud/e, atiid to ll w eti stireet MVV 21rQDl/1,:metiit;w...atiid Q:Dthei
d'QD"wfl,,.y "witG" J„ll1CVp1rQDV,I"V1CVl"➢it"',',,w that could d....
.... Dd....Cans- QQD
.... dl .,D wjtlg
. w1Sd1C]d a1rd'.;w... ] P ..iQ
D@r da1r.„w...➢iGD"w.i. ditia:... QDQ"Dd caq SQDdi.....
ll 1,o atiotlSitigl� �"ood (,airtstiotwittiiti a �arardi.... � � i a d8 � d, ��a� d:.8 ud� all c ou"Ir:ameirc ial atid:
Woodburn Development Ordinance Chapter 2.07 Page 128
itidustrial zoties as ati accessory gse, A sjtlgj�� food cairt is tiot allowed as a 121!ni�jj jj��
Theire is a maximum of'otie sitigIg food (,aq pgj pj( gjties utideir Ifie same
1 Pgj!jijjti'flg ajid ireview- A sitigIg cairt tiot withiti a food caq pod �w1]gll ollow the.
ypg 1.!2 !igfl !�gyiew �olr olatajt1jt1g aQ ,u!g pl�ji a�ppj�2jal.,
Food cairts shall comply Eith all applical2le (Jjy., Woodbum I iTe 12istTict., Majoti
Coutljy. a I]d 51 !g a g�*fl pgln]Q!lHig afld iggistiratioti ireWjiremetitsPeer mits atid
ire gistiratiotis shall be pj(�pgjly jDgititaitied atid iretiewed.
4Site developj22�.flj statidairds-,
a. I ood cairts atid accessory structuires shall maititaiti a mitiimum setback of'5 feet.
irom all 121Q212gjly lities,
bfood cairts atid accessory structuires shall tiot block di!Y911vayS gflqgflQ gs Q1 palrhifla
aQJsles, atid they shall tiot be located withiti the Rjp�jjati Airea & "Ietlatids Oveflay,
12istrict(pgj $gqjoti 105.( 513), uu j?jjf2Jj(, utiii ly ggsemetit(pgj $g,tjotl 3j)2j)1), Qj a
visioti cleairatice airea (pgj 5�,tjoti 301306),
The food cairt shall j?jQyjde at least 50 sqqgIg deet Qui co eTed s eati ti g gigg
� RestTooryls stiall be 121gyided to satjs�'.y aQ12pljcable State atid ouilly
1Q:�Lijiremetits, Poirtable irestiroonis alre pjg!Ijbjted,,
e, The food cairt shall j?jQyjde adequate irefuse cotitaitiens to Satisfy, applicable State
atid ('011tily pglnna a u uua lgwlagmtlts,
Dirive Ifin2ill-I'lls aie pj21jbjted,.
13. qw ood Cairt Pods- The fllowitig statidairds apply IQ food caq
I Locatioti- F()od calrt m:W,w nWL)wed iti all commercial atid itidustrial zoties aspj!nia a
of a(,(,esso: ry uses,
Pgj!ji!'jU'flg �jid ireview-
a. A tiew food (,alrtl?Qd shall follow aha T7 11 j2g�ujgfl fjellv pj(UQ,edulre fur
a site pl�li �PPMYL 1 C�pmp��sed structuire exceeds the applicable
thTeshold fQj a Type III 1,)esjgfl &yjew iti 5M'1)j)2, theti the ireview shall follow the.
y U! 12gigfl &1jew itistead,
Flig gNpatislotl of'ati existitig food (:,airt pod IQ add 1)oti structuiral eleMetits (such as.
olkitig stafl� oir food cairt sp��,es) �b�jj follow the I, pg 11) w
$ $ $ : : y g�igfl Rglie
HT tiew oT exl?gfldgd structulres, the ireview shall itistead follow the applicable
j2g°,jgfl !(gjjeE iti Volume 5�
I ood caTt j?Qds shall comply with all applicable (Jjy., W oodbum I jTe
MaTioti 12ginlittitig lgwlEgEhLitsPeraiits shall be
pjQpgjJy maititaitied and iretiewed.
& qw ood cairt pod as well as each food cairt withitl the I?Qd, �1]gll
vu.gjstelr theilr busitlesses with the ('ily Q2i" Woodburti. Jg!'stiratjotls shall be pj2pgjl7
maititaitied atid iretiewed.
Woodburn Development Ordinance Chapter 2.07 Page 129
Site deveh)12122Q„flj statidairds, Statidiird:, airettio�,eo"ttieal2p]i(,al)le ,,�()tlitiaditiri('t, l,ttil ,�,
Otheirwise spgujfjed below-.
a. I ood cairts atid access(HY structuires shall maititaiti a mitiinium setback of'5 feet
iroill all pjQpgjjy fities,
bI ood cairts atid access(HY structuires shall tiot be located withiti the Rjp�jjati Airea &
"Ie,fl atids Oveflay 1.)istrict(pgj Sg�,tjoti105.0513), a P
, qbfic utifily ggsellietit
Sectioti 'IL020 1)� Qi� lisiotl cleairatice aTea (pgl �k�,tjotl 3�()'L()6)�
I ood cairts sh9fl12e seVairated krom each otheir by at least 4 fea
" ]rt s $ dill Ij( Is
& I ood ca 12��g� �hall tiot exceed the followitig i et s, )t
I) Nig�S i ili uM I eii g1h i s 2 6 fea
(2) M��illlulll width is 10 feet,
(3) i ill uni 11 ei gbj i s 15 fea
e� I ood cairts shall be sited etitilrely G21] �p�jI d suirface atid oJetited iti a matmeir such,
that the opgIatioti does tiot block oir itilijbit use of'to plIf2fic sidewalk oir stTea
f Collilliotl seatitia shall be plug vjded to serve the p:ud �uI]d a mitiinium airea
f'50 sgj!ajg feet pgj ood cairt. Sea.titig g1gas shall be AF)&!!Q,onlpfiatit atid at least.
50"lo of'to w6.«u!!Da �dIea shall be coveired oir swelt eired firom iraiti
g. Tbg I?Qd shall pjQyjde foir ititeirlial pgdgstjati 6irculatioti to all food calrLs atid.
customeir anieti4jes thMggh a p�d1/1,d w�lhm ihis ALM conipliatit atid at Jeast 5
feet wide,
h RestToonis shall be plaided to satisf,Y applicable State atid (,Q2!!Dly pglni�lu!]g
IgglIjirenietits. Poirtable irestirooills aire pjQI]jbjted..
iRefuse cotitaitiens shall be pjQ vjded to satisfy applicable State atid Coutily
4Stlrggi!nlpl��-Vgnietits' I ood caIrt uji�jj 121Q2jjde the followltig stTeet
fi' Qfliagg MIMovenietits foir each firotitage aI2uWt)g a ]g sjte�
a. Dedicate righa u:2[way 12gi -LQI'L
b� Gratit a stireetside j?jjf2Jj(, iltifily gasellietit Pei 10IQ 111 & 1J
Cotistruct ati AF) a,onlpfiatit sidewalk at Jeast 6 feet wide, oir P�uy
IQ I 12, atid.
& Platit stireet tine 1291 31LQIZ�� Q!MY ee ill fieu w L11 11
5I-Aflities- All utifities servitig to �Q( d Q°ajj I?Qd shall be utideirgjQqfld pgj Sectioti.
(...(DI 04 Ally pqbfic utifily fitle a IT(2ggfl plyuau PEMeTly shall be coveled 12y
j?!!f2jj(' uIjjj!Y easellietit iti coti forniatice with Sectioti (.(D101
I Muuulii('JJMI �uIld Satmaij seweir cotmectlows aire ireqq!jgd foir each food cairt
withiti to Qod cairtp( d, !,,Jtiljiy services shall teraiitiate iti telllp(�jaa Q,otmectjoti.
asseniblies, siniflair to those used iti irecireatiotial vellicle
bA p(D,,vgj g�flj)g�,tjotl Is lreqqlled foir each food caTt. Oti Site aTe.
121Q Qbjbjte&
Woodburn Development Ordinance Chapter 2.07 Page 130
c. Naulal gas cotmectiota s are allowed. All tiati,tral gL shall maititain
g !I]pfiaii(,e with applj(,able safeiy rMlIaliotis at all tinles, Liqllfl I jed PgqQjgj,!!I] ga,
(su(ji as pj21ijbjted,
& Oti site stormwater detetitioti shall 12e pj(�Yide&
6 A ccess- Food (:,art pirovi de-
a. Vehicular access its cotiforniatice with Table 3.040 atid Sectioti ")M4.04. Access.
should be limited to at sjtigj�., dliveway. For lotswith multMIg �jlggj krotltM.:!I
access should occur via the lower clad ssificatioti of'strea
bA padj6j "V�jhyfidy at least 6 feet wide shall cotmect theititergal,
pgdestriati circulatioti walkwaatid tt e plIf2fic sidewalk alotig ggf] fr()titagg �'Ortlelr
y I
]Qi$ nm ItIstead pj2jjde a sitlglold EWhFyu Q,otmectjoti at least 8 feet wide at
the comei, Walkways iliay 12g ggjgd:
c. Drive throgglis aie pla;21]jbjted.,
T TMtISI?QiIaI!Q!) Thg provisjows withiti Sectioti 3,04,05 are applicable to food.
('art 12Qw:�,
& PaIrkitig- I I bgpjQyjsjows food
a. with Sectioti 105M21124
� ij( jjgb lajidw4°�pjtig plajqgj� �Q( d Q,arl atid/or outdoor seatitig
bWalkway Q.rossjtlgs of'drive aisles may gtilize p�jtited crosswalk strjpjjig 1�2
cotiforni with Sectiotis 3.04.( 6L) atid 3.05.02N..
pajhjtlg statidards (Table 3.05C atid Sectioti 'IL05() 11) !]Q21
applicable.
& A mitiimuiii (2f' 1 bicycle mbitIg stall is ireWjred pg j food caq. The
q�j)dard ($gqJoti 3j)5j)6('6) is not Irequire&
9Laiidscal2itig- jh�� g��flgl�j 1��qq!j��metits iti Sectioti 3,06,02 are applicable.
I ood caTt j?Qds shall pjQyjde a mitiinium of' 10 Platit I-MitS pgj food (,art oti site,..
ReWjred latids(,apjjig!jiy f2e pglnlauflQ�flijy pjllid itl the gjQu!jjid Quj platited withiti,
decorative j?Jgfljgjs. Platiters shall each be at least 25 ggJJQj)s. Platit utijt values, are.
outfitied withiti Table 3,0613, ex(el2t t1lat at plaujij�:j 121Q�vjdes I Plaudit 1Jtiit, a..`0
gglIQ1i plgjq�j pj(uyjdes 2 Platit I-MitS, atid so oti,
10SQ LLMML
a. A wall or sigbI Qf2scudtlg [etice IDeetin the statiduds outfitied within 2.06.02 is
1Q",WjTed al(:)tig u�I]y 1Quj ljilaubq�� D&
b. Commotl Tefuse collectioti facifities shall be eticlosed behitid a
fetice or wall atid be ul�A The fetwe or wall shall be betweeti 6 atid 7 feet tall.,
I I SigDage- Food (,art p(:Qd sigDagg shall meet the statidards withiti 3.10 atid obtait) VgMiiti
as 'reWj'red by 'Sj)I�10. Itidividual sj&D� to a food caq are tiot Tegq!red
to ol , I however the shall tiot be legible from a pqbfic street atid they shall
� : )iaHl � WMIU y
Dot extetid more thati 3 feet above the iroof'of'the car[.
4-12. FIxterjor figb1itig- The exterior figbIJU MMr Qfls of'Chapter '3,11 are applicable to.
food (,art
Woodburn Development Ordinance Chapter 2.07 Page 131
3.05 Off-Street Parking and Loading
The purpose of this Section is to identify the requirements for off-street parking and loading
facilities. Well-designed parking facilities improve vehicular and pedestrian safety,promote
economic activity, enhance the driving public's experience,promote cycling, carpooling,
vanpooling, and per electric vehicles, allow persons walking, cycling, and rolling along to pass
along or through parking areas in comfort and dignity, and to implement Woodburn
Comprehensive Plan policies. With appropriate landscaping and storm water design,parking
areas can also mitigate the environmental impacts of development and reduce the urban heat
island effect.
3.05.01 Applicability
3.05.02 General Provisions
3.05.03 Off-Street Parking
3.05.04 Off-Street Loading &Unloading
3.05.05 Shared Parking
3.05.06 Bicycle Parking Standards
3.05.01 AUUlicabilitV
The provisions of this Section shall apply to the following types of development:
A. All requirements and standards of Section 3.05 shall apply to any new building or structure
constructed after the effective date of the Woodburn Development Ordinance(WDO).
B. Any additional parking or loading required to accommodate a change in use, or expansion of
an existing use, shall conform to all parking, loading and landscaping standards of the
WDO.
3.05.02 General Provisions
A. All required parking and loading spaces shall be retained and maintained in accordance with
the standards of the WDO.
B. The land for off-street parking and loading areas shall either be:
1. Owned in fee title by the owner of the structure or site being served by the parking
area, or
2. Subject to legal documentation to the satisfaction of the Director, establishing
permanent use of off-street parking that is under separate ownership. The parking,
subject to such a parking agreement, shall be in compliance with all requirements and
development standards of the WDO. The agreement shall be recorded with the County
Recorder and filed with the Director.
C. When calculations for determining the number of required off-street parking spaces results
in a fractional space, any fraction of a space less than one-half shall be disregarded, and a
fraction of one-half or greater shall be counted as one full space.
Woodburn Development Ordinance Chapter 3.05 Page 186
Off-Street Parking Ratio Standards
Table 3.05A
Use i, Parking Ratio - spaces per activity unit or
square feet of gross floor area
RESIDENTIAL
Ia. Single-family dwellings (houses), including 2/dwelling unit
manufactured homes, and multiple-family
dwellings
lb. Duplexes, triplexes, quadplexes a
townhouses, and cottage clusters I/dwelling unit
2. Rooming/boarding house, hotel,motel, and
2 parking spaces + I/guest room
other traveler accommodations
3. Group Home or Group Care Facility 0.75/living unit
COMMERCIAL/PUBLIC
4. General indoor recreation 1/200 square feet
5. Food and drinking places 1/200 square feet
6. Motor vehicle service 1/200 retail area+ 3/service bay + 1/
pump island
7. General retail sales (such as food and
beverages, clothing, sporting goods,health
and personal care items, and motor vehicle
parts)
8. Photo finishing 1/250 square feet
9. Ambulatory health services (such as doctors,
dentists, optometrists, and chiropractors)
10. Postal service
11. Limited-service eating place
12. Offices (such as professional, scientific and
technical services, finance and insurance, real
estate, administrative and support services, 1/350 square feet
social assistance, and public administration—
but not including ambulatory health services)
Greater of:
13. Personal services 1/350 square feet; or
2/service chair or room
14. Libraries 1/400 square feet
15. Outdoor sales and service of bulky 1/400 square feet of structure+ 1/20,000
merchandise (such as motor vehicles, farm square feet of outdoor display area
equipment, and manufactured dwellings)
16. General repair and service (such as electronic
and precision equipment, leather goods, 1/500 square feet
laundry and dry cleaning equipment)
Woodburn Development Ordinance Chapter 3.05 Page 190
17. Printing and related support activities Greater of 1/700 square feet or 1/
18. Mail order house employee
19. Fabricated metal products manufacturing
20. Commercial and industrial equipment repair Greater of 1/ 800 square feet or 1/
21. Craft industries employee
22. Commercial bakery
23. Indoor sales and service of bulky merchandise
(such as furniture, appliances, and building 1/900 square feet
materials)
24. Temporary outdoor marketing and special 1/ 1,000 square feet of outside event space
events
plus, no reduction from primary zoning for
other uses.
25. Delivery services One space per delivery vehicle plus one
space per employee per shift.
26. q ()()i.... air i„audmobile i.00 e4:yiee 3
pa ar F 1/ 200 sWu j �'ee u1„) uddit„
airea.
27. Home occupation No reduction from dwelling requirement is
28. Residential sales office allowed.
29. Temporary residential sales
30. Contractors 2 parking spaces + 1/employee
31. Parks and playgrounds Minimum of other uses requiring parking
32. Urban transit system, interurban and rural
transit, taxi service, limousine service, school 1/vehicle plus 1/employee
transportation, charter bus service, special
needs transportation, motor vehicle towing
33. Hospital 1.5/bed
34. Meeting facilities (such as house of worship,
auditorium, motion picture theater, arena,
funeral home, and lodge hall) One space per 4 occupants, as established
35. Museum and historic sites by the building code
36. Community center
37. Community club building and facilities
38. Bowling center 2/lane
39. Golf course 4/tee
40. Court games (tennis, handball, racquetball) 3/court+ 1/4 feet of bench
41. Day care 2/caregiver
42. Elementary or middle school 2/classroom
43. High school 1/unit of capacity for 6 students
44. Community college, college, business school,
trade school, technical school, other
instruction (including dance, driving and I/unit of capacity for 4 students
language)
Woodburn Development Ordinance Chapter 3.05 Page 191
45. Play or ball field Greater of:
15/field or 1/ 8 feet of bench
46. Government and public utility buildings and Greater of:
structures 2 or one per employee at location
47. Cemetery 10 plus one per acre
INDUSTRIAL
48. Wholesale trade 1/700 retail square feet+ 1/ 1,000
49. Motor vehicle wrecking yard wholesale square feet
50. Manufacturing Greater of:
51. Stone, clay, glass and concrete products a. 1/ 800 square feet(0 to 49,999 square
52. Fabricated metal products, except machinery feet)
53. Electronic and other electrical equipment and b. 63 plus 1/ 1,000 square feet over 50,000
components, except computer equipment (50,000 to 99,999 square feet)
54. Transportation equipment c. 113 plus 1/2,000 square feet over
100,000 (100,000 square feet or more)
or 1/ employee
55. Warehousing Greater of:
56. Motor freight transportation and warehousing a. 1/5000 square feet(0 to 49,999 square
57. Truck transportation feet)
58. Support activities for rail transportation b. 10 plus 1/ 10,000 square feet over
59. Wholesale trade— durable goods 50,000 (50,000 to 99,999 square feet)
60. Wholesale trade—Non-durable goods c. 15 plus 1/ 15,000 square feet over
61. Recycling centers 100,000 (100,000 square feet or more)
62. Asphalt or cement batch plants or 1/ employee
63. Agricultural practices Exempt from the parking requirements
64. Telecommunication facilities
65. Transit ground transportation 1 transit vehicle space per transit vehicle
plus 1/employee
66. Freight transportation arrangement 1/employee
67. Self storage 1/6 storage units, maximum of 6 spaces
1. The Director may authorize parking for any use not specifically listed in this table. The
applicant shall submit an analysis that identifies the parking needs, and a description of
how the proposed use is similar to other uses permitted in the zone. The Director may
require additional information, as needed, to document the parking needs of the proposed
use.
2. There is no required parking ratio in the DDC zone per Section 3.07.07B.12.
3. See Tables 3.05C & E for minimum carpool/vanpool and electric vehicle parking and
Table 3.05D for minimum bicycle parking.
4. In compliance with OAR 660-046-0220(2)(e).
Woodburn Development Ordinance Chapter 3.05 Page 192
3.07 Architectural Design
The purpose of this Section is to set forth the standards and guidelines relating to the
architectural design of buildings in Woodburn. Design standards can promote aesthetically
pleasing architecture, increase property values, visually integrate neighborhoods, and enhance
the quiet enjoyment of private property.
3.07.01 Applicability of Architectural Design Standards and Guidelines
3.07.02 Single Family, Manufactured Dwellings, & Dwellings Other Than
Multiple-Family ("Middle Housing") on Individual Lots
3.07.03
[Struck]
3.07.04 Dwellings in the Neighborhood Conservation Overlay District(NCOD)
3.07.05 Standards for Medium Density Residential Buildings
3.07.06 Standards for Non-Residential Structures in Residential, Commercial and
Public/Semi Public Zones
3.07.07 Downtown Development and Conservation Zone
3.07.08 Mixed Use Village Zone
3.07.09 Nodal Neighborhood Commercial Zone
3.07.10 Industrial Zones
3.07.01 AUUlicability of Architectural Design Standards and Guidelines
A. For a Type I review, the criteria of this Section shall be read as "shall" and shall be applied
as standards. For a Type II or III review, the criteria of this Section shall be read as
"should" and shall be applied as guidelines.
B. The following are exempt from the provisions of this Section:
1. Any single-family, duplex, or manufactured dwelling that existed prior to October,
2005, except such dwellings located within the Neighborhood Conservation Overlay
District(NCOD).
2. New dwellings in Manufactured Dwelling Parks containing more than three acres.
3.07.02 Single-Family Dwellings. Manufactured Dwellings. & Dwellings Other Than
Multiple-Family ("Middle Housing") on Individual
Lots
A. Applicability
This Section shall apply to all new single-family dwellings, dwellings other than multiple-
family, and manufactured dwellings on individual lots. It shall apply also to subdivisions and
Planned Unit Developments approved on or before August 12, 2013.
Manufactured dwellings have different standards for roofing; otherwise, all standards in this
Section apply to manufactured dwellings.
B. Minimum Requirements
Woodburn Development Ordinance Chapter 3.07 Page 232
3.07.07 Downtown Development and Conservation (DDCI Zone
A. Applicability
The purpose of these development standards is to guide the design of buildings constructed
in the Downtown Development and Conservation (DDC) zoning district to ensure that,
through appropriate use of facades, windows, building orientation, and architectural details,
new structures and alterations of existing structures are physically and visually compatible
with other buildings within the downtown business district. The majority of the existing
buildings in downtown Woodburn reflect architectural styles that were popular during the
late nineteenth and early twentieth century.
1. The provisions of this ordinance shall apply to the following activities within the DDC:
a. All new building construction;
b. New construction, restorations, and remodels. Restorations shall be defined as all
exterior repairs, replacement of materials, alterations or changes, including
reroofing,painting, window, and sign replacement, as well as any exterior building
or site modification that requires a building permit;
c. All new signage.
2. This ordinance shall not apply to the following activities or uses:
a. Maintenance of the exterior of an existing structure, such as reroofing, residing, or
repainting where similar materials and colors are used that comply with this
ordinance;
b. Interior remodeling;
c. Single-family detached dwellings;
d. Single-family dwellings that are used for businesses or home occupations.
3. This ordinance shall apply only to those portions of a building or sign that are proposed
for construction or modification, and shall not extend to other elements of the building
or sign that may be out of compliance with the requirements of this ordinance (i.e., a
permit to replace a single window shall not require that all other windows on the
building that may be out of compliance with this ordinance to be replaced, unless such
action is initiated by the property owner). However, if a building should be destroyed
due to fire, accident, or an act of God, the new or replacement structure shall be rebuilt
to conform to the requirements of this ordinance.
4. At the time of application, the applicant shall choose whether the Design Review shall
be conducted as a Type I, II, or III review (Section 5.01, 5.02, 5.03). For a Type I
review, the criteria of this Section shall be read as "shall" and shall be applied as
standards. For a Type II or III review, the criteria of this Section shall be read as
"should" and shall be applied as guidelines.
B. Design Guidelines or Standards
Standards for new construction shall require builders to conform to the architectural form of
Woodburn's historic period (1880's through 1940's). As such, new construction shall
conform to the following standards listed below. The following list of buildings is provided
as a reference guide to those buildings which display characteristics intended by the
standards.
Woodburn Development Ordinance Chapter 3.07 Page 250
C. External Storage of Merchandise
The external storage of merchandise or materials, directly or indirectly related to a business,
is prohibited.
D. Outdoor Displays of Merchandise
Outdoor displays of merchandise are permitted during business hours only, alre finlited
!(:t pj( iucts sold within the I)uflditis-- and shall not exceed ten percent of the total itidooT
retail sales area. Displays of merchandise on public sidewalks almig jha� stoire� otit,may
not reduce usable walking area widths to less than four feet.
E. Outdoor Eating Areas
Outdoor cookitig �I acifities atid.dining areas afe efieatff aged; afid are permitted on public
sidewalks almig jhl stoTO'Totit 4'the associated 1)usitiess otily j�`that 1)usitiess also sells
those �Q( d pjQdjj,ts itidoons. OtFwaof ��aod vefidifig 61149i afe pefi1I447ed� 1"atifig Iffeffli Of
Vefiditig(NIFLS MRY MA SUCh aireas may trot'reduce usable walking area widths on public
sidewalks to less than four feet. N44)ile k)od 14kikefis afet-j+(4144ed 41 the 1,4W, &5'4k+
NothJU Ejtljti tI1!S12L2Y! L2fl is ititetided tQ m2hiNt the use or 121QP�T� �"oT such
aireas..
Woodburn Development Ordinance Chapter 3.07 Page 255
5.01 Type I (Administrative) Decisions
5.01 General Requirements
A. The purpose of this Section is to identify what types of actions are considered Type I
decisions and their respective review criteria. Type I decisions do not require interpretation
or the exercise of policy or legal judgment in evaluating approval criteria. The decision-
making process requires no notice to any parry other than the applicant.
B. To initiate consideration of a Type I decision, a complete City application, accompanying
information and a filing fee must be submitted to the Director. The Director will evaluate
the application as outlined in this Section.
5.01.01 Access Permit to a City Street, excluding a Major or Minor Arterial Street
5.01.02 Design Review, Type I
5.01.03 Fence and Free Standing Wall
5.01.04 Grading Permit
5.01.05 Manufactured Dwelling Park, Final Plan Approval
5.01.06 Partition and Subdivision Final Plat Approval
5.01.07 Planned Unit Development(PUD), Final Plan & Design Plan Approval
5.01.08 Property Line Adjustment; Consolidation of Lots
5.01.09 Riparian Corridor and Wetlands Overlay District(RCWOD)Permit
5.01.10 Sign Permit
5.01.11 Significant Tree Removal Permit
5.01.12 is"imp-ofaiFy Ouwoof MRfke4 tIg atid Special Event Permit
5.01.01 Access Permit to a City Street, Excluding a Major or Minor Arterial Street
A. Purpose: The purpose of this review is to ensure conformance to City street access
standards and this Ordinance (Section 3.04) in circumstances where the access is not subject
to any other type of land use approval.
B. Criteria: The proposed access shall conform to the applicable standards of access to public
streets (Section 3.04).
C. Procedure: The Director shall review the access permit and determine conformance to City
standards.
Woodburn Development Ordinance Chapter 5.01 Page 328
5.01.09 Riparian Corridor and Wetlands Overlay District WWODI Permit
A. Purpose: The purpose of this review procedure is to ensure that all grading, excavation, fill,
and vegetation removal (other than perimeter mowing and other cutting necessary for hazard
prevention) within a delineated, significant wetland, complies with applicable City and
State standards and procedures, including those of ORS Chapter 196 and Chapter 227 and
OAR 660-023.
B. Criteria:
1. The applicable standards of this Ordinance and the findings and action proposed by
the Division of State Lands; or
2. A finding, verified by the Division of State Lands, of error in delineation of
the RCWOD boundary.
C. Procedure: The Director shall review the permit and approve it upon a determination that it
meets the criteria of this ordinance.
5.01.10 Sign Permit
A. Purpose: The purpose of this review is to ensure that signs comply with standards found
within the Sign Standards (Section 3.10).
B. Criteria: Applications shall be reviewed for compliance with the sign standards of this
Ordinance.
C. Procedure: The Director shall review proposal signs for compliance to City regulations.
5.01.11 Significant Tree Removal Permit
A. Purpose: To ensure that the removal of Significant Trees conforms with Section
3.06.07 as well as the purposes of Section 3.06.07A.
B. Applicability: Per Sections 3.06.0713 & C.
C. Criteria and procedure: Per Section 3.06.07.
5.01.12 lnullir� uiryt�lll�r V�luirllll �t�Paui �„I Special Event Permit
A. Purpose: The purpose of this review is to ensure that�em a faiFy.a b4daof mafhe44fig oi�
special events conform to the standards of this Ordinance (Section 2.07.17).
B. Criteria. Tempafafy (4i�doof Mafkel4fi g afid Special Events shall conform to all standards
of this Ordinance.
C. Procedure: The Director shall review the application and shall approve a permit based on
compliance with this Ordinance.
Woodburn Development Ordinance Chapter 5.01 Page 334
DBURN
Incorporated 4889
Staff Report
Project Name: Legislative Amendment (LA) 24-02: Food Carts & Food Cart Pods
File Number: LA 24-02
Initial Hearing Date: May 23, 2024
Second Hearing Date: June 24, 2024
Date of Report: July 16, 2024
Staff Reviewers: Chris Kerr, Community Development Director
Dan Handel, Planner
Staff Recommendation: Approval
Issue before the City Council
Legislative Amendment (LA) 24-02 for adoption of an amendment to the Woodburn
Development Ordinance (WDO). Proposed amendments focus on regulations for food carts and
food cart pods.
Executive Summary
Proposed amendments prioritize food cart facilities that are safe, clean, attractive, and
accessible, while also not being too costly for property owners to pursue.The proposed
amendments can be summarized as:
• Allowing food carts and food cart pods in all commercial and industrial zoning districts;
• Outlining development review criteria (parking, landscaping, seating areas, etc.);
• Requiring all food carts within a pod be connected to municipal water and sewer;
• Requiring street improvements for food cart pods similar to what would be required for
a single-family dwelling;
• Specifying a review process for food carts and food cart pods; and
• Clarifying when food carts are eligible to apply for a Special Event Permit.
Proposed amendments apply only to a fraction of the hundreds of pages of the WDO and are
attached in a 6#iI(@thFGU^"-and-underline format.
Background
On August 28, 2023, the City Council passed Resolution No. 2218 initiating a broad scope of
legislative amendments to the WDO. Included in the scope of amendments are regulations for
food carts.
The Planning Commission held work sessions on March 14th, April 11th, and April 25th to discuss
food carts and how to regulate them. At their May 23rd meeting, the Planning Commission held
a public hearing and unanimously recommended approval of a WDO amendment package.
The City Council held a work session on June 10th to discuss the recommended amendments
and held a public hearing on June 24th. At the work session and public hearing, Councilors
shared concerns about implications of the recommended amendments on existing food cart
operators throughout the community. As part of a tentative motion to approve LA 24-02, the
Council requested a revised set of regulations that included an option for single food carts to
operate outside of a food cart pod.
Purpose
The proposed WDO amendments serve to address trends seen at the local, state, and national
levels related to food carts, and will update the zoning code to allow food cart pods in
Woodburn.
The City's current regulations for food carts don't align with market trends that we see
nationwide. Food carts used to be a small niche in the overall restaurant market; they would be
mobile, traveling to large employers during meal breaks or vending at special events (festivals,
farmers markets, etc.), or they would locate more permanently in the densely populated
downtown cores of large cities like Portland. More recently, food carts have become a popular
alternative to brick-and-mortar restaurants for both chefs and patrons. It is now much more
common to find a group of carts (a "pod") congregate throughout commercial areas in cities of
all sizes.The proposed WDO amendments are intended to better align Woodburn with these
trends by allowing food carts and food cart pods in all commercial and industrial zones.
LA 24-02
Staff Report
Page 2 of 4
Currently, the existing City rules allow food carts only in industrial zones and with minimal
design/development standards. Cart operators consistently inquire about setting up in
commercial zones where there is more visibility and higher traffic, and as a result they end up
utilizing temporary special event permits to locate in these locations for up to 60 days. These
special event permits create enforcement challenges for staff, and ultimately the operators are
not able to stay permanently and grow their business. The proposed WDO amendments are
intended to expand opportunities for cart operators to find permanent locations by allowing
food carts and food cart pods in all commercial and industrial zones.
At the state level, the Oregon Health Authority (OHA) is the rulemaking body for food carts. In
February of 2020, OHA adopted new rules for food carts so that counties could strengthen their
enforcement of public health regulations. Specifically, these rules require water and
wastewater tanks be integral to (contained within) the cart, otherwise the cart must hook up to
municipal water and sewer lines. Implementation of these rules began in 2023 after a 3-year
grace period however OHA and local public health agencies have been willing to work with food
cart operators on compliance schedules if they've indicated they need more time. The
proposed WDO amendments are intended to guide local food carts into compliance with these
OHA rules.
Testimony
Throughout the rulemaking process, staff and the Planning Commission heard from food cart
operators, pod managers, and members of the public, all of whom provided valuable feedback
and guidance. Specific individuals are listed below:
• Roy Long(1233 Riverbend Rd NW,Salem, OR 97304): Owner and developer of Checkpoint
221, a recently opened food cart pod in West Salem.
• John Stromquist (1590 Willamette Falls Dr, West Linn, OR 97068): Owner and developer
of Willamette Garage, a food cart pod on the site of an old gas station in West Linn.
• Dalia Lopez (415 Oak St, Woodburn, OR 97071): A Woodburn resident who contacted
staff to share support for the proposal.
• Lilia Bahena (264 SE 33rd Ave, Hillsboro, OR 97123): An individual interested in opening a
food cart pod in Woodburn.
• Reynaldo Regino (17891 SW Tualatin Valley Hwy, Aloha, OR 97005): Owner/Operator of
the Los Tacos Juan food truck that operates in the Sunshine Market parking lot along
Settlemier Ave. Mr. Regino attended the Planning Commission public hearing but did not
speak.
• Oscar Regino (695 N Settlemier Ave, Woodburn, OR 97071): Owner/Operator of the Los
Tacos Juan food truck that operates in the Sunshine Market parking lot along Settlemier
Ave. Mr. Regino testified at the Planning Commission public hearing to share support for
the proposal.
LA 24-02
Staff Report
Page 3 of 4
• Margaret Coffey (845 Fairwood Crescent Dr, Woodburn, OR 97071): A Woodburn
resident who testified at the Planning Commission public hearing to share support for the
proposal.
• Theresa Smith (2603 Hazelnut Dr, Woodburn, OR 97071): A Woodburn resident who
contacted staff to share support for the proposal.
• Scott Sharp (P.O. Box 337, Donald, OR 97020): Operator of the Oregon Smoke Shack food
cart, who testified at the City Council public hearing in support of a single cart option.
• Matthew Ring (P.O. Box 337, Donald, OR 97020): Operator of the Oregon Smoke Shack
food cart,who testified at the City Council public hearing in support of a single cart option.
Recommendation
Approval: Staff recommends the Council consider the revised Woodburn Development
Ordinance amendment package and adopt the ordinance to implement Legislative Amendment
LA 24-02.
LA 24-02
Staff Report
Page 4 of 4
Analyses & Findings
Conformance with the Woodburn Development Ordinance
4.01 Decision-Making Procedures
4.01.02 Assignment of Decision-Makers:
The following City entity or official shall decide the following types of decisions:
E. Type V Decisions (Legislative): Type V decisions involve legislative actions where the City
Council enacts or amends the City's land use regulations, comprehensive plan, Official
Zoning Map or some component of these documents. Type V decisions may only be initiated
by the City Council. The Planning Commission holds an initial public hearing on the proposal
before making a recommendation to the City Council. The City Council then holds a final
public hearing and renders a decision. Public notice is provided for all public hearings
(Section 4.01.14). The City Council's decision is the City's final decision and is appealable to
LUBA within 21 days after it becomes final.
4.01.09 Initiation of a Legislative Proposal
A.The City Council may initiate the consideration of a legislative decision by resolution.
B. Actions initiated by the Council shall be referred to the Planning Commission for a public
hearing and recommendation to the Council.
C. The City Council shall hold the final public hearing on a proposed legislative decision.
The Planning Commission hearing was held on May 23, 2024, and the Commission unanimously
recommended a package of amendments for City Council consideration. The City Council
hearing is scheduled for June 24, 2024.
On April 5, 2024, staff sent a Post-Acknowledgement Plan Amendment (PAPA) notice to the
Department of Land Conversation and Development (DLCD) in compliance with OAR 660-018-
0020.
The City notified affected government agencies in conformance with WDO 4.01.14.D. on May 3,
2024, and published notice of both the Planning Commission and City Council hearings in the
Woodburn Independent newspaper on May 15, 2024. Later for the City Council hearing, the City
notified affected government agencies and interested parties in conformance with WDO
4.01.14.D. on June 4, 2024, and published notice of the City Council hearing in the Woodburn
Independent newspaper on June 12 & 19, 2024.
*/The provisions are met.
Conformance with ORS 2.2.7„186
Notice to property owners of hearing on certain zone change;form of notice; ...
(2) All legislative acts relating to comprehensive plans, land use planning or zoning adopted by
a city shall be by ordinance.
LA 24-02 City Council Staff Report Attachment: Analyses& Findings Page 1 of 3
Pending a decision from the City Council following its public hearing, the Council would be able
to direct staff to return with an ordinance for adoption at a subsequent Council meeting.
(3) ... at least 20 days but not more than 40 days before the date of the first hearing on an
ordinance that proposes to amend an existing comprehensive plan or any element thereof, or
to adopt a new comprehensive plan, a city shall cause a written individual notice of a land use
change to be mailed to each owner whose property would have to be rezoned in order to
comply with the amended or new comprehensive plan if the ordinance becomes effective.
(4) At least 20 days but not more than 40 days before the date of the first hearing on an
ordinance that proposes to rezone property, a city shall cause a written individual notice of a
land use change to be mailed to the owner of each lot or parcel of property that the
ordinance proposes to rezone. ...
(5) An additional individual notice of land use change required by subsection (3) or (4) of this
section shall be approved by the city and shall describe in detail how the proposed ordinance
would affect the use of the property.The notice shall: . . .
(6) At least 30 days prior to the adoption or amendment of a comprehensive plan or land use
regulation by a city pursuant to a requirement of periodic review of the comprehensive plan
under ORS 197.628, 197.633 and 197.636,the city shall cause a written individual notice of
the land use change to be mailed to the owner of each lot or parcel that will be rezoned as a
result of the adoption or enactment. ...
(7) Notice provided under this section may be included with the tax statement required under
ORS 311.250.
(8) Notwithstanding subsection (7) of this section, a city may provide notice of a hearing at
any time provided notice is mailed by first class mail or bulk mail to all persons for whom
notice is required under subsections (3) and (4) of this section.
(9) For purposes of this section, property is rezoned when the city...
This legislative amendment does not propose any changes to the Woodburn Comprehensive
Plan nor any rezoning of property.
Because the City is not changing the base zoning classification of property, in other words
neither rezoning nor making a zone change, Sections (3), (4) and (5) above are not applicable.
Because the proposed amendment is not pursuant to a requirement of periodic review, Sections
(6) & (7) & (8) are not applicable.
(10) The provisions of this section do not apply to legislative acts of the governing body of the
city resulting from action of the Legislative Assembly or the Land Conservation and
Development Commission for which notice is provided under ORS 197.047 or resulting from
an order of a court of competent jurisdiction.
The proposed legislative amendment does not result from actions of the Legislative Assembly or
the Land Conservation and Development Commission (LCDC). ORS 197.047 is not applicable. As
a result, the City of Woodburn is not required for LA 24-02 to do a "Measure 56" notice, the
LA 24-02 City Council Staff Report Attachment: Analyses& Findings Page 2 of 3
phrase referring to Ballot Measure 56 (1998) that the legislature codified in ORS 227.186, which
the legislature later revised via Senate Bill 516 (2003).
The provisions are met.
LA 24-02 City Council Staff Report Attachment: Analyses& Findings Page 3 of 3