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Ordinance 2003COUNCIL BILL N0. 1103 ORDINANCE N0. 2003 AN ORDINANCE ARIENDING ORDINANCE 1807, P4AKING ADMINISTRATIVE CHANGES, ESTABLISHING AN ENFORCEMENT PROCESS, AND DECLARING APJ EP~IERGENCY. WHEREAS, violations of the Woodburn Zoning Ordinance, Ordinance 1807, affect the livability of the Woodburn community; and WHEREAS, the b~loodburn City Council has publicly stated that the City should take a positive and more vigorous approach to enforcement of the Woodburn Zoning Ordinance; and WHEREAS, in order to implement this positive approach it is necessary to amend the textual provisions of the Woodburn Zoning Ordinance to allow uniform, streamlined and cost-effective enforcement to occur; and WHEREAS, the Uoodburn Planning Commission has conducted a hearing and approved said textual amendments; and WHEREAS, the Woodburn City Council has also conducted a hearing on August 8, 1988, approving said amer~clnients; NOW, THEREFORE, THE CITY OF WOODBURN ORDAI~JS AS FOLLOWS: Section 1. Ordinance 1807 is hereby amended so that any reference therein to the term "common council" shall hereinafter be changed to the term "city council." Section 2. Section 2.050 of Ordinance 1807 is hereby amended to read as follows: Section 2.050. Amendment of Text Only. Any amendment of this ordinance which amends, supplements, or changes only the text hereof, shall be initiated by the city council or by the planning commission by ordinance. Whenever an amendment is initiated by the city council, the ordinance shall be referred to the planning commission for its recommendation. In every case of a proposed amendment the planning director shall fix a date fora public hearing before Page 1 - COUNCIL BILL N0. 1103 ORDINANCE N0. 2003 the planning commission and shall cause notice to be given as provided in Chapter 7. After the public hearing the planning commission may refer its recommen- dation to the city council. Section 3. Sections 5.010 through 5.050 of Ordinance 1807 (the Woodburn Zoning Ordinance) are amended to read as follows: Section 5.010. Enforcement. This ordiannce shall be enforced by the City Administrator or his designee. Section 5.020. Conformance and Permits Required . No person shall construct, repair, alter, move, convert or demolish, use, occupy or maintain any building or structure in the city, or cause the same to be done, unless it is in conformity with the regulations herein specified, and then only after applying for and securing all permits and licenses required by all laws and ordinances. Section 5.030. Violations Unlawful; Prima Facie Evidence of Owner Responsibility. It shall be unla~vful for any person to violate any provision of this ordinance, to permit or maintain any such violation, or to refuse to comply with any provision of this ordinance. Proof of such unlawful act or failure to act shall be prima facie evidence that such act is that of the owner. Prosecution or nonprosecution of either the owner or the occupant shall not be deemed to relieve the other from 1ega1 responsibility. Section 5.040. Civil Infraction. A violation of any provision of this ordinance constitutes a civil infraction and may be dealt with according to the procedures established by Ordinance 1998. Section 5.050. Non-Exclusive Remedy. Section 5.040 shall not be construed to prohibit the use of any alternative remedies available to the city under the provisions of state law for enforcement of the Woodburn Zoning Ordinance. Section 4. These amendments to Ordinance 1807 are based upon the input received at the public hearings and the staff report which is labeled Exhibit "A" and by this reference incorporated herein. Page 2 - COUNCIL QILL N0. 1103 ORDINANCE N0. 2003 Section 5. Emergency Clause. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. . ~- l `~° ~ Approved as to form: ~ _ City Attorney Date APPROVED: ~ ~-.;°° ~ ~° f ~~~~ NANCY A 14I KSEY, MAYOR ,~' Passed by the Council Submitted to the Mayor Approved by the h1ayor Filed in the Office of the Recorder August 22, 1988 August 24, 1988 August 24, 1988 August 24, 1988 ,~~ (~ )~ ::% ATTEST: ~~~i.'~~~~'i'r°~ ,~.6'/,~,~ 1 ;...;~ ~: ~'`~ARN Y 0 BU S', CITY RECORDER City of`Woodburn, Oregon Page 3 - COUfdCIL BILL N0. 1103 ORDINANCE N0. 2003 Exhibit "A" STAFF REPOP.T ZONE TEXT AMENDMEr7TS EAIFOF.CEMENT, LANGUAGE, STANDARDS INTRODUCTION From time to time Planning staff calls on the Commission and Council to amend the Woodburn zoning ordinance as a "House Cleaning" measure. The following text amendments are recommended so that continuity in language and standards are maintained between the various City ordinances. The first proposed amend- ment would change all reference to the "Common Council" to the "City Council". This amendment would bring the zoning ordinance Iang~aage into conformance with language in the City charter. The second staff proposal recommends the Commission. and Council amend the o rdinance to require that all zoning text charges be made by the adoption of an ordinance rather than. bYr reti~olution. This action would bring the zoning ordinance into compliance :•rith State land use law standards. As a side note, staff has always amended the zoning text by ordinance in the past. The last proposal addresses changes that should be made to mane the zoning ordinance enforceable. Under the present guidelines, enforcement is rot a practical solution. for resolving violations. To resolve the problem staff is recommending new language be incorporated into the text that :JOUld dove tail into the City's Civil Tnfractier. ordinance #1998. Proposed Amendment I Amend the following sections of Ordinance 1807 to reflect a change in terms from "Common Council" to the term "City Council". Chapter 1. Definitions Section 1.156 Chapter 2. Administration of the Ordinance Section 2.010 Administration of the Ordinance 2.040 {c} Interpretation of Ordinance 2.060 Savings Clause Chapter 4. Zoning Map Interpretation Section 4.060 Replacement of Official Zoning Map 4.100 Pending Zone Change Proceedings 4.110 Zoning Newly Annexed Areas Chapter 6. Plarring Commission Section. 6.010 Planning Commission. 6.050 Approval of Plats, Streets, Vacation. Proceedings, in City Chapter 7 Public Hearings Section 7.020 Appearances of interested Persons, Remonstrances 7.050 Posting Notices ?.080 (f) Signatures: How Counted Chapter 8. General Standards Section 8.050 Establishment, Alteration or Elimination of Special Setback Lines Chapter 10. Off-Street Parking, Loading and Driveway Requirements Section 10.080 (c} Driveway Standards Chapter 11. Site Plan Review Section 11.050 Notice to Common Council Chapter 12. Adjustments Section 12.090 Appeals 12.100 Appeals and Referrals to the Planning Commission or Common Council 12.110 Resubmission of Adjustments Application Chapter 13 Section 13.060 13.070 13.080 13.120 Variance Procedures Decision of the Planning Commission Certification to Common Council Effective Date of Variance {a} Appeal to the Common Council {b) (c) 13.130 Resubmission of Variance Application 13.140 F.evocatior, of Permit Chapter 15. Zone Charge Procedures Section 15.010 (a) (b) (c) Initiation. of Zone Change Proceedings By Common Council. 15.020 (c) Initiation. of Zone Change by Planning Commission 15.040 Hearing Before The Common Council 15.040 Resolution of Intent to F.ezone 15.055 Site Plan. Required 15.080 F.esolution of Intent Binding 15.080 Resolution of Intent Void TJpor. Failure to Comtily Chapter 16. Comprehensi~,re Plan Amendmer<t Procedure Section 16.010 Plar. Amendment Procedure 16.020 Initiation of Plan Amendments by Planning Commission or Common Council 16.050 Plan Amendment Criteria Chapter 17 Solar Access Recordation Section 17.050 Hearing Procedure Chapter 18 H.S. Historical-Architectural Significant Site 18.040 (b) Revocation Chapter 21. Planned C1rit Development Section. 21.090 ( e ) Horne 0:•rners Association 21.110 Pevocation Chapter 24 R D Residential Duplex District Section 24.090 (b) Payment into the Parv Acquisition and Dove l opment Fund Chapter 25 Limited Multi-Family Residential District Section 25.090 Sits Plan Required Chapter 26 RM Multi-Family Residential Section 26.090 Site Plan Approval Required Chapter 27. RH High P.ise Apartment Residential District Section. 27.100 Site Plan Approval Required Chapter 29. CF. Commercial Retail District Section 29.080 Conditions Imposed Where Zone change to CR District Abuts a Residential District Chapter 30 CG Commercial General District Section 30.080 Conditions Imposed Where Zone Change to CR District Chapter 37 Public Semi-Public and Governmental Use Districts Section 37.080 Changing Use Proposed Amendment No II Amend Section 2.050 of Ordinance 1807 from a standard that requires text changes be accomplished by resolution to requiring that it be done by ordinance. Existing Language Section 2.050. Amendment of Text Only. Any amendment of this ordinance which amends, supplements or charges only the text hereof, shall be initiated by the Common Council or by the Planning Commission by resolution. t~ihenever an amendment is initiated by the Common Council, the resolution shall be referred to the Planning Commission for its recommendation. In every case of a proposed amendment the Planning Director shall fix a date for a public hearing before the Planning Commission and shall cause notice to be giver. as provided in Chapter 7. After the public hearing the Planning Commission may refer its recommendations to the Common Council. Amend to Read: Section 2.050. Amendment of Tevt Only. Any amendment of th~ti ordinance which amends, supplements, or changes only the text hereof, shall be initiated by the City Council or by the Planning Commission by ordinance. WheneYaer an amendment is init~.ated by the City Council, the ordinance shall be referred to the Planning Commissior, for its recommendation. In ever~,r case of a proposed amendment the Planning Director shall fix a date for a public hearing before the Planning Commission and shall cause notice to be given as provided in Chapter 7. After the public hearing the Planning Commission may refer its recommendations to the City Council. Proposed Amendment Aio III Amend Sections 5.010 through 5.050 of Ordinance 1807 regarding permits and enforcement to conform to new City enforcement standards. Existing Language: Section 5.010 Enforcement. It shall be the duty of the Planning Director to enforce this ordinance. Section 5.020. Complaints Regarding Violations. ~rlhenever a violation of this ordinance occurs or is alleged to have occurred, any person. may complain to the Building Inspector. It shall be the duty of said Inspector to investigate any such complaint and any ~=ielatian regardless of whether ar r.ct a complaint has been made thereof and to ta:_e Such action as may be necessary. Section 5.030. Conformance and Permits Required. LTa building struCtL:re, Or premise Shall hereafter h° 'aced ar'occupied, and no b~.:ilding ar StrLlCture or part thereof sha11 hereafter he erected, CanstrLlCted, mOVed, structurally 31 terc~rl ~ nr anlarged 12n1eSS .',.n conformity :•:ith all the regulations herein specified for the district ~.n [•:hLLCh yt zs located, and then only after applying for and securing all permits and licenses required by all .laws and ardirances . Section. 5.040. Violations of Regulations Unlawful; Praaf of Violation. Prima Facie Evidence of Owner`s F.esponsibility. It shall be unlawful for any person. to violate any provision. of this Ordinance, to permit or maintain any such violation, to refuse to obey any provision hereof, or to fail or refuse to comply v.ith any such provision except at variation may be allowed under this Ordinance. Proof of such unlawful act ar failure to act shall be deemed prima facie evidence that such act is that of the ocvrer . Prosecution or lack there of either the ovrner or the occupant sha11 not be deemed to relieve the other. Section 5.050. Penalties far Violation. Any person violating any provision of this Ordinance shall be punished by a fire of not mare than. five hundred dollars, or by imprisonment in the City Jail far a period not exceeding six months, or by both such fine and imprisonment. Every person shall be deemed guilty of a separate offense far every day during any portion of which anY= violation of any provision of this Ordinance is committed, continued. permitted by such person., and shall be punishable therefore as provided in this Ordinance. Amend to Read: Section 5.010. Enforcement. This ordinance shall be enforced by the City Administrator or his designed. Section 5.020 Conformance and Permits Required. No person sha11 construct, repair, alter, move, convert or demolish, use, occupy or maintain any building or structure in the city, or cause the same to be done, unless it is in conformity with the regulations herein specified, and then only after applying for a securing all permits and licenses required by all laws and ordinances. Section 5.030. ~~iolations IInlas•rf~al; Prima Facie E~yidance of Owner P.esponsibility. It shall be unlawful for any person to violate any provision of this ordinance, to permit or maintain any such violation,or to refuse to comply with any provision. of this ordinance. Proof of such ur:lavrf~al act or fail~are to act shall be prima facie evidence that such act is that of the owner. Prosecution or r.or.- prosecution. of either the owner or the occupant shall not be deemed to relieve the other from legal responsibility. Section 5.030 Civil Snfractior.. A violation of any provision of this ordinance constitutes a civil infraction and may be dealt with according to the procedures evtablished by ordinarc~ 1998. Section 5.050. Non-Exclusive Remedy. Section 5.040 shall not be construed to prohibit the use of any alternative remedies available to the city under the provisions of state la*rr for enforcement of the t~7oodburn Zoning Ordinance.