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Ordinance 1979COUNCIL BILL N0. 1015 ORDINANCE N0. 1979 AN ORDINANCE AMENDING ORDINANCE 1807 AND DECLARING AN EMERGENCY. WHEREAS, the Woodburn Zoning Ordinance establishes certain land uses, and WHEREAS, the Woodburn Planning staff, the Woodburn Planning Commission and the Woodburn City Council have carefully scrutinized the follo~ving amendment, and WHEREAS, public hearings have been conducted to receive input from the citizens of Woodburn related to the following amendment, and WHEREAS, this amendment to the Zoning Ordinance remains in compliance ~vith the 4oodburn Comprehensive Plan by meeting the City's goals and policies to improve retail, economic diversity, and WHEREAS, this amendment has been found to remain in harmony with the purpose and intent of the Commercial General zone, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Ordinance 1807 is hereby amended to add a new section entitled Section 30.030(1), which shall read as follows: (i) Display and sale of manufactured homes. Section 2. This amendment is based upon the staff report attached to this ordinance as Exhibit "A". Page 1 - COUNCIL GILL N0. 1015 ORDINANCE N0. 1979 Section 3. This ordinance being necessary for the 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 City Council and approval by the Mayor. Approved as to form: ~/ City Attorney Date ` '. APPROVED: t~~,~°~ /~ ~~~~-~~ NA(~CY A. , IRKSEY, MAYO u Passed by the Council Submitted to the P~~ayor Approved by the Mayor Filed in the office of the Recorder ATTEST ,rf~~~ > ~~ ,~` ~~~_'.1 ,: ~ '.~~ Barney 0,~` Burris, Recorder City of Woodburn, Oregon June 8, 1987 June 10, 1987 June 10, 1987 June 10, 1987 Page 2 - COUNCIL BILL N0. 1015 ORDINANCE N0. 1979 Exhibit "A" STAFF REPORT SUMMARY OF REQUEST: To amend Section 30.030 of the GJoodburn Zoning Ordinance to include the following: 30.030(1) Display and Sale of Manufactured Homes. It has come to the attention of the Planning staff that the display and sale of manufactured homes is identified as a permitted use in the IS (Industrial Sales) district only. Staff believes that the intent here was to provide a.n area on or near the site of_ manufacture within Industrial zones ~rrhere homes could be stored and displayed for sale. This is seen as reasonable however staff has also determined that none of the City's Commercial zones currently make provision for the display and sale of manufactured homes. After reviewing the purpose and intent of the City°s CG (Commercial General) zone staff feels that the display, and sale of manufactured housing should be allowed as an Optional Business, meeting the same standards as outlined in Section 30.030 of the titiToodburn Zoning Ordinance: Section 3G.030. Optional Businesses. Those optional businesses setforth in Section 29. 030 shall be permitted in a CG District under like restrictions; provided further, that if_ the conditions setforth in Section 29.030 (a) (2) are complied ~~rith, the follow- ing additional specialty sales and service firms ahall be permitted, to-wit: (a) Battery, ignition and electrical shop; (b) Body and fender shop; (c) Garage and general repair shop; (d) Glass installation and service shop; (e) Tractor and farm equipment shop; (f) Paint shop; (g) Radiator repair service shop; (h) Used and second nand parts and ccesories shop; (i) Display and sale of manufactured homes. Section 29.030. Optional Business. (a) Certain optional businesses shall be per- mitted in a CR District when one or more of the following conditions are complied with: (1) That the lot is paved with a concrete or asphaltic hard surface; that if a lot or open sales area abuts upon or is adjacent to any "R" District, such lot shall be screened from the adjoin- ing "R" District by a sight-obscuring, ornamental fence, wall or hedge at least four feet, but not more than seven feet in height which shall be ,t ';. - 1 - .; maintained in good condition; that any repair of vehicles shall be confined and conducted entirely within an en- closed building, and if such building is located on a lot which does not abut an alley and is within 50 feet of any "R" District, the wall of the building which parallels the nearest line of such District, shall have no opening other than stationary windows; (2) Permitted, but if the use is located on a lot which does not abut an alley but is within 50 feet of any residential district, the wall of the building which parallels the nearest line of such Dis- trict, shall have no opening other than stationary windows; (3) Permitted, provided that any tiro or tube repairing and storage of merchandise and supplies shall be conducted entirely with- in a building, and any lubrication or wash- ing activity not conducted within a build- ing shall be screened from any adjoining residential district by the erection of a masonry wall, ornamental fence or compact evergreen hedge not less than five feet or more than seven feet in height and that such fence, wall, or_ hedge shall comply with the required yard, setback and vision clearance requirements. (b) The following vehicle service and specialty sales uses shall be permitted if the applicable portions of subsection (a) (1) of this section are complied with, to-wit: (1) Accessory battery, parts and tire store; (2) Automobiles and small trucks, new and used; (3) Automobile service station and garages; (4) Ldashing and polishing automobile laundries. (c) Transient businesses shall be permitted if the pro- vision of Section 29.030 (a)(1) requiring paving and screening are met. It is staff's opinion that limiting manufactured home sales to Industrial zones creates an unreasonable, unnecessary hardship on the general distributors and retailers of these products. FINDINGS: (1) This proposal remains in harmony with the purpose and intent of the Commercial General zone. (2) This proposal complies with the City's adopted Compre- hensive Plan by meeting the City's Goals and Policies to improv e retail, economic diversity. 2 - (3) This proposal will not jeopardize the health, safety, and welfare of. citizens residing and/or working in and around General Commercial zones. (~) As long as all standards as outlined in Section 29. 030 and Section 30.030 are rnaintained any conflicts with adjacent properties and/o r. zones will be mini- mized. RECOMMENDATION: Staff recommends that the Planning Commission recommend to the City Council to amend the text of Section 30.030 of the 6~doodburn Zoning Ordinance to include 30.030 (i) Display and Sale of Manufactured Homes. - 3 -