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Ordinance 1962COUNCIL GILL N0. 968 ORDINANCE N0. 1962 AN ORDINANCE AfiENDING ORDINANCE 1807, REPEALING CERTAIN PORTIONS THEREOF, AND DECLARING AN Eh1ERGENCY WHEREAS, the Woodburn Zoning Ordinance establishes certain land uses, and WHEREAS, the Woodburn Planning staff, the Woodburn Planning Commis- sion and the Woodburn City Council have undertaken an extensive revision of the Woodburn Zoning Ordinance, and WHEREAS, public hearings have been conducted to receive input from the citizens of Woodburn into said revision, N04J, THEREFORE, TfiE CITY OF WOODBURN ORDAINS AS FOLL04JS: Section 1. Section 1.255 of Ordinance 1807 is hereby repealed. Section 2. Ordinance 1807 is hereby amended to add a new section, entitled Section 1.256, which shall read as follows: Section 1.256. Group Home. A residence for five or fever unrelated persons a~ho are elderly, or physically or mentally handicapped (as defined as in ORS 443.510) and for staff persons who need not be related to each other or to any other home resident. Section 3. Ordinance 1807 is hereby amended to add a new section, entitled Section 1.461, which shall read as follows: Section 1.461. Privately Owned Utilities. Private, for-profit operations and facilities such as microwave and radio wave trans- mitters and receivers, electric substations and transmission facilities, and energy production or conservation facilities. Section 4. Ordinance 1807 is hereby amended to add a new section, entitled Section 1.462, which shall read as follows: Section 1.462. Publicly 04vned Utilities. Utility facilities owned or managed by a government unit or special district, including those uses in Section 1.461 as well as water collection and distri- bution facilities. PAGE 1 - COUNCIL BILL N0. 968 ORDINANCE N0. 1962 Section 5. Ordinance 1807 is hereby amended to add a new section, entitled Section 1.469, which shall read as follows: Section 1.469. Recycling Center. Buildings or premises used for the collection, sorting, packaging, storage or distribution of glass, newspaper, plastic, metals, etc., excluding automobiles and accessories. Section 6. Ordinance 1807 is hereby amended to add a new section, entitled Section 1.572, which shall read as follows: Section 1.572. Transient Business. A business that occupies a temporary location and sells or delivers from stock on hand. Section 7. Section 8.060, Ordinance 1807 is hereby repealed. Section 8. Section 8.190, Ordinance 1807 is hereby amended to read as follows: Section 8.190. Vision Clearance. A triangular area at the street or high~vay corner of a corner lot, or the corner at any alley-street intersection of a lot, the space being defined by a diagonal line across the corner between the points of the streets rights-of-way lines or street-alley rights-of-way lines measured from the corner. The vision clearance area for corner lots at street intersections shall have a minimum of 30 foot legs along each street and for alley-street intersections in said districts the vision clearance area shall have legs of a minimum of ten feet along both alleys and streets. The vision clearance area shall not contain any plantings, walls, structures, or temporary or permanent obstructions to vision exceeding 30 inches in height above the curb level, or street shoulder where there is no curb, except a supporting pillar or post not greater than 12 inches in diameter or 12 inches on the diagonal of a rectangular pillar or post; and further, excepting those posts or supporting members of street signs, street lights, and traffic control signs installed as directed by the Building Inspector, or any other sign erected for public safety. Vision clearance shall not be required at a height of seven feet or more above the curb level, or seven feet, six inches above the shoulder of a street that does not have a curb. This section shall not be construed as waiving or delaying any yard requirements or setback requirements that may be required by this or any other ordinance. PAGE 2 - COUNCIL BILL N0. 968 ORDINANCE N0. 1962 Section 9. Section 9.045, Ordinance 1807 is hereby amended to read as follows: Section 9.045. Front Yard Setback. Every building shall setback from lot lines adjacent to streets at least 20 feet, except in the instance where the average depth of the other buildings on the same side of the street is between 20 and 10 feet, then the average depth may be used. Section 10. Section 13.050, Ordinance 1807 is hereby amended to read as follows: Section 13.050. Public Hearing. Notice of public hearing shall be given and held as prescribed beginning with Section 7.010. The application shall be filed at least 30 days prior to the date of public hearing. Section 11. Section 19.090(f), Ordinance 1807 is hereby amended to read as follows: (f) Setback. Setbacks shall conform to the standards specified in Chapter 9, Residential Standards. Section 12. Section 22.010 (d), Ordinance 1807 is hereby amended to read as follows: (d) Gardens, orchards and crop cultivation, but no coop, stable or barn, cattle or other livestock, nor poultry is permitted on the premises, and provided no sales area or retail business is operated in connection therewith. Section 13. Section 22.010 (e), Ordinance 1807 is hereby amended to read as follows: (e) Group homes as defined in Section 1.270; Section 14. Ordinance 1807 is hereby amended to add a new section, entitled Section 22.030 (a) (5) which shall read as follows: (a) (5) Publicly Owned Utilities. Section 15. Ordinance 1807 is hereby amended to add a ne~v section, entitled Section 23.010 (f), which shall read as follows: (f) Group homes as defined in Section 1.270. PAGE 3 - COUNCIL BILL N0. 9G8 ORDINAfJCE N0. 1962 Section 16. Ordinance 1807 is hereby amended to add a new section, entitled Section 23.015, which shall read as follows: Section 23.015. Conditional Uses. (a) Publicly owned utilities. Section 17. Ordinance 1807 is hereby amended to add a new section entitles Section 24.030 (a) (3), ~vhich shall read as follows: (a) (3) Publicly owned utilities. Section 18. Section 24.090, Ordinance 1807, is hereby repealed. Section 19. Ordinance 1807 is hereby amended to add a new section, entitled Section 25.030 (p), which shall read as follows: (p) Publicly o4vned utilities. Section 20. Section 25.100, Ordinance 1807 is hereby repealed. Section 21. Ordinance 1807 is hereby amended to add a new section, entitled Section 26.030 (e), which shall read as follows: (e) Publicly o~vned utilities. Section 22. Section 26.100, Ordinance 1807 is hereby repealed. Section 23. Section 27.110, Ordinance 1807 is hereby repealed. Section 24. Ordinance 1807 is hereby amended to add a new section, entitled 28.020 (i), which shall read as follows: (i) Publicly or privately owned utilities. Section 25. Section 28.070, Ordinance 1807 is hereby amended to read as follows: Section 28.070. Front Yard. In a CO District there shall be a minimum front yard of 20 feet, and no parking shall be allowed. Additional requirements shall apply as set forth in Special Setback Distances, Section 8.040. Section 26. Ordinance 1807 is hereby amended to add a new section, entitled Section 29.030 (c), which shall read as follows: (c) Transient businesses shall be permitted if the provisions of Section 29.030 (a)(1) requiring paving and screening are complied with. PAGE 4 - COUNCIL BILL N0. 9h8 ORDIfdANCE N0. 1962 Section 27. Ordinance 1807 is hereby amended to add a new section, entitled Section 29.020 (d), which shall read as follows: (d) Utility Facilities. (1) Publicly or privately owned utilities. Section 28. Section 29.060, Ordinance 1807 is hereby amended to read as follows: Section 29.060. Front Yard. A landscaped yard 5 feet in depth shall be provided in a CR District on every lot adjacent to a street, except that buildings or structures or any portion thereof used for residential purposes shall provide the front yard and landscaped yard as set forth for an RP~i District. Additional require- ments shall apply as set forth in Special Setback Distances, Section 8.020. Section 29. Ordinance 1807 is hereby amended to add a new section, entitled 30.020 (d), which shall read as follows: (d) Publicly or privately owned utilities. Section 30. Section 30.030, Ordinance 1807 is hereby amended to read as follows: Section 30.030. 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 with, the following additional specialty sales and service firms shall 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 hand parts and accessories shop. Section 31. Section 30.060, Ordinance 1807 is hereby amended to read as follows: Section 30.060. Front Yard. A landscaped yard 5 feet in depth shall be provided in a CG District on every lot adjacent to a street except that buildings or structures or any portion thereof PAGE 5 - COUNCIL BILL N0. 968 ORDINANCE N0. 1962 used for residential purposes shall provide the front yard and landscaped yard as set forth for an RM District. Additional require- ments shall apply as set forth in Section 8.040, Special Setback Distance. Section 32. Ordinance 1807 is hereby amended to add a new section, entitled Section 31.025, ~vhich shall read as follows: Section 31.025. Conditional Uses. (a) Publicly or privately owned utilities. Section 33. Ordinance 1807 is hereby amended to add a new section, entitled Section 33.010 (a)(15), which shall read as follows: (a)(15) Publicly owned utilities. Section 34. Ordinance 1807 is hereby amended to add a new section, entitled Section 33.040 (q), which shall read as follows: (q) Privately owned utilities. Section 35. Ordinance 1807 is hereby amended to add a new section, entitled Section 34.030 (e), which shall read as follows: (e) Privately owned utilities. Section 36. Ordinance 1907 is hereby amended to add a new section, entitled Section 34.030 (f), which shall read as follows: (f) Recycling facilities. Section 37. Section 35.020 (a) is hereby repealed. Section 38. Ordinance 1807 is hereby amended to add a new section, entitled Section 35.030 (e), which shall read as follows: (e) Privately owned utilities; Section 39. Ordinance 1807 is hereby amended to add a new section, entitled Section 35.030 (f), which shall read as follows: (f) Recycling center. PAGE 6 - COUNCIL BILL PJO. 958 ORDINAPJCE N0. 1962 Section 40. Ordinance 1807 is hereby amended to add a new section, entitled Section 36.010 (h), which shall read as follows: (h) Publicly owned utilities. Section 41. Ordinance 1807 is hereby amended to add a new section, section 36.015, which shall read as follows: Section 36.015 Conditional Uses. (a) Privately owned utilities. Section 42. Ordinance 1807 is hereby amended to add a new section, entitled Section 37.060 (c), ~vhich shall read as follo~vs: (c) Other publicly or privately owned utilities as defined in Section 1.270. Section 43. Ordinance 1947 added a new section to Ordinance 1807 addressing park acquisition and development funds. This section was erroneously numbered Chapter 38. Ordinance 1947 is amended so that the chapter addressing park acquisiton and development is renumbered Chapter 39. The section numbers reflect this change. Section 44. These amendments are based upon the staff report attached to this ordinance as Exhibit "A" and the findings attached to this ordinance as Exhibit "B". Section 45. 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 City Council and approval by the Mayor. Approved as to form: ~ ~ V ~ ~~~~`~~~~~~ ~_ ~~ ~ ~ ~ r ~,- Ci ty Attorney ~ - a-te_..,_ ~'` ~. ~ E' APPROVED: WILLIAM J. COSTINE, PiAYOR PAGE 7 - COUNCIL BILL PJO. 968 ORDINANCE N0. 1962 Passed by the Council Submitted to the P~ayor Approved by the P=1ayor Filed in the Office of the Recorder s :~ ATTEST: ~~,~~ r r ~ ; . mot" ' y` ~ I -:` E -9 BARNEY 0.`~BURRIS, RECORDER CITY OF WOODBURN, OREGON November 24, 1986 November 26, 1986 November 26, 1986 November 26, 1986 PAGE 8 - COUNCIL BILL N0. 968 ORDINANCE N0. 1962