April 8, 2013 minutesCOUNCIL MEETING MINUTES
APRIL 8, 2013
000
DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, APRIL 8, 2013
The meeting convened at 7:00 p.m. with Mayor Figley presiding.
ROLL CALL
Mayor Figley
Present
Councilor Cox
Present
Councilor Lonergan
Absent
Councilor McCallum
Present
Councilor Morris
Present
Councilor Raustein
Present
Councilor Ellsworth
Present
Staff Present: City Administrator Derickson, City Attorney Shields, Finance Director
Shearer, Economic and Development Director Hendryx, Community Services Director
Row, Public Works Director Brown, Captain Alexander, Community Relations Officer
Stowers, Communications Coordinator Horton, City Recorder Pierson.
000 COMMUNITY /GOVERNMENT ORGANIZATIONS
Chamber of Commerce — Ruby Wolfer, Woodburn Area Tourism Coordinator, updated the
City Council on upcoming events and also provided a hand out showing what the new
lottery machines at the Visitors Information Center at the Woodburn Company Stores will
look like.
0:08 PROCLAMATION
National Service Recognition Day
0:11 CONSENT AGENDA
A. Woodburn City Council minutes of March 25, 2013,
B. Woodburn Planning Commission minutes of March 14, 2013.
McCallum/Raustein... adopt the Consent Agenda. Motion passed unanimously.
oat COUNCIL BILL NO. 2922 - AN ORDINANCE REPEALING ORDINANCE 1582
(PRESCRIBING PROCEDURES FOR EVIDENTIARY HEARINGS) AS PART OF
THE ORDINANCE REVIEW/REVISION PROJECT INITIATED BY THE CITY
COUNCIL AND DECLARING AN EMERGENCY McCallum introduced Council Bill
2922. Recorder Pierson read the two readings of the bill by title only since there were no
objections from the Council. Councilor Cox asked that the emergency clause not be used on
ordinances unless it is an emergency and needs to take effect right away. Councilor
McCallum stated that it doesn't hurt anything in this case and it gets these off the books.
City Attorney Shields answered that if the Council collectively no longer wants an
emergency clause on the ordinances being repealed or revised as part of the review /revision
project they will no longer put any in. City Attorney Shields went on to explain what an
emergency clause is and told the Council he will forward them a copy of a memo explaining
Page 1 - Council Meeting Minutes, April 8, 2013
COUNCIL MEETING MINUTES
APRIL 8, 2013
the emergency clause process. On roll call vote for final passage, the bill passed
unanimously. Mayor Figley declared Council Bill No. 2922 duly passed.
0:20 COUNCIL BILL NO. 2923 - AN ORDINANCE REPEALING ORDINANCE 1816
(CREATING A CABLE TELEVISION ADVISORY BOARD) AS PART OF THE
ORDINANCE REVIEW/REVISION PROJECT INITIATED BY THE CITY
COUNCIL AND DECLARING AN EMERGENCY McCallum introduced Council Bill
2923. Recorder Pierson read the two readings of the bill by title only since there were no
objections from the Council. On roll call vote for final passage, the bill passed
unanimously. Mayor Figley declared Council Bill No. 2923 duly passed.
0:21 COUNCIL BILL NO. 2924 - AN ORDINANCE REPEALING ORDINANCE 2254
(CREATING A MUSEUM COMMITTEE) AS PART OF THE ORDINANCE
REVIEW/REVISION PROJECT INITIATED BY THE CITY COUNCIL AND
DECLARING AN EMERGENCY McCallum introduced Council Bill 2924. Recorder
Pierson read the two readings of the bill by title only since there were no objections from the
Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley
declared Council Bill No. 2924 duly passed.
0:23 COUNCIL BILL NO. 2925 — A RESOLUTION OPPOSING THE
TRANSPORTATION OF COAL FOR EXPORT THROUGH THE CITY OF
WOODBURN McCallum introduced Council Bill 2925. Recorder Pierson read the bill by
title only since there were no objections from the Council. Councilor McCallum stated that
this is something we don't normally get in involved with but after reviewing the research,
discovered that this could have a very profound effect on our downtown area as well as
other parts of Woodburn. Mayor Figley added that they plan on forwarding a copy of this
resolution if enacted to the congressional delegation. Councilor Cox stated that at first he
was against the idea of this because we have no legal authority to stop it but has changed his
mind and thinks it's good to go on record that we don't like it. Councilor Morris stated that
he does not support this and that this is a classic example of government imposing on
commercial business. On roll call vote for final passage, the bill passed 4 -1 with Councilor
Morris voting nay. Mayor Figley declared Council Bill No. 2925 duly passed.
0:27 WOODBURN DOWNTOWN ASSOCIATION AGREEMENT Cox/McCallum....
authorize the City Administrator to enter into the attached agreement with the Woodburn
Downtown Association. Nikki DeBuse, President of the Woodburn Downtown Association,
1086 Wilson Street, provided a recap of their 2012 season and a preview of the 2013
proposed season. Motion passed unanimously.
0:33 CITY ADMINISTRATOR'S REPORT
The City Administrator had nothing to report.
0:34 MAYOR AND COUNCIL REPORTS
Councilor Ellsworth stated that she completed the Woodburn Police Citizens academy and
encourages people to attend it.
Page 2 - Council Meeting Minutes, April 8, 2013
COUNCIL MEETING MINUTES
APRIL 8, 2013
Councilor McCallum asked Jason Horton, Woodburn Communications Coordinator to speak
about the upcoming drug safe event. Communications Coordinator Horton informed the
Council that the Drug Safe Community Summit will take place at Woodburn Health Center
on April 25, from 6 -8pm.
Communications Coordinator Horton also informed Councilors that on April 22 " he will be
taking pictures of each Councilor for a display in City Hall.
Mayor Figley announced that the presentation on the interchangeproject by Alan Fox of
ODOT will be delayed until after the opening of bids on May 23` .
042 ADJOURNMENT
McCallum /Cox.... meeting be adjoun
The meeting adjourned at 7:42pm.
ATTEST T— CCj` °
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 3 - Council Meeting Minutes, April 8, 2013
Woodburn Development, Ordinance
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 XXXX on XXXX XXXX, 2013
.incorporated 1 $9
TABLE OF CONTENTS
SECTION I ORGANIZATION AND STRUCTURE
1.101 Structure
1.102 Definitions
1.103 Official Zoning Map
1.104 Nonconforming Uses and Development
1.105 Planning Commission
1.106 Design Review Board
SECTION 2 LAND USE ZONING AND SPECIFIED USE STANDARDS
2.101 General Provisions
2.102 Residential Zones
2.103 Commercial Zones
2.104 Industrial and Public Zones
2.105 Overlay Districts
2.201 Accessory Structures
2.202 Special Uses
2.203 Specific Conditional Uses
SECTION 3 DEVELOPMENT GUIDELINES AND STANDARDS
3.101
Streets
3.102
Utilities and Easements
3.103
Setbacks and Open Space
3.104
Vehicular Access
3.105
Off - Street Parking and Loading
3.106
Landscaping
3.107
Architectural Design
3.108
Partitions and Subdivisions
3.109
Planned Unit Developments
3.110
Signs
SECTION 4 ADMINISTRATION AND PROCEDURES
4.101 Decision - Making Procedures
4.102 Review, Interpretation and Enforcement
SECTION 5 APPLICATION REQUIREMENTS
5.101 Type I (Administrative) Decisions
5.102 Type II (Quasi- Administrative) Decisions
5.103 Type III (Quasi - Judicial) Decisions
5.104 Type IV (Quasi- Judicial) Decisions
1.101 Structure
1.101.01
Title and Purpose
1.101.02
Annual Review of the WDO
1.101.03
Application and Construction of Regulations
1.101.04
Official Actions Shall Comply with the WDO
1.101.05
Relationship to Other Laws and Private Agreements
1.101.06
Prior Approvals and Conditions of Approval
1.101.07
Severability
1.101.01 Title and Purpose
A. This ordinance may be referred to as the "Woodburn Development Ordinance" or by the
abbreviation "WDO ".
B. The Woodburn Development Ordinance is intended to:
1. Implement the Woodburn Comprehensive Plan in accordance with Oregon's statewide
planning goals and statutes;
2. Facilitate adequate provisions for transportation, water, sewage, drainage, schools,
parks and other facilities;
3. Provide adequate light, air, open space, and convenience of access;
4. Enhance safety from fire, flood and other dangers;
5. Protect environmental resources and natural systems;
6. Promote the health, safety, peace, prosperity, and general welfare of the City's residents
and visitors;
7. Promote a logical growth pattern within the City and the economic extension of public
services and facilities;
8. Encourage compatible and beneficial uses of land throughout the City by segregating
uses to minimize incompatibilities;
9. Provide for a variety of housing types and promote affordable housing;
10. Preserve the character of the City by enhancing the aesthetic quality of the built
environment and acknowledging the City's historic architecture;
11. Provide avenues for residents of the City to participate in the establishment and
amendment of land use regulations and plans;
12. Provide residents of the City with the opportunity to participate in development
decisions;
13. Provide a process whereby property may be reclassified for other suitable uses
consistent with the Comprehensive Plan and changing conditions and community
values;
Woodburn Development Ordinance Draft May 13, 2013 Section 1.101 Page 1
14. Protect the rights of property owners; and
15. Provide effective means of administrative relief for situations where the regulations
impose an excessive burden on a particular property.
1.101.02 Annual Review of the WDO
The Director should maintain a list of potential modifications of the WDO, due to new state or
federal laws and rules, case law precedents, scrivener errors, interpretation, or other changes in
circumstance. The Director should report these matters to the City Council at its first regular
meeting in the month of November, so that the Council may consider initiating appropriate
measures to modify the WDO.
1.101.03 Application and Construction of Regulations
A. The provisions of the WDO shall be considered the minimum regulations adopted to
promote the public health, safety and general welfare; and shall apply uniformly to each case
or kind of use, structure or land unless varied or otherwise conditioned, as allowed in the
WDO.
B. A period of time to perform expressed in days shall mean consecutive "calendar days"
unless otherwise defined. The number of calendar days is counted beginning with the first
date after the date or event from which the period begins, and ending at 5 o'clock p.m. on
the last day of the number of days stated, unless the last day is not a City business day, in
which case the last day of the period shall be the first City business day following the last of
the consecutive calendar days.
1.101.04 Official Actions Shall Comply with the WDO
All officials, contractor - officials, and employees of the City vested with authority to issue
permits or grant approvals shall adhere to and require conformance with the WDO, and shall
issue no permit or grant approval for any development or use which fails to comply with
conditions or standards imposed to carry out the WDO.
1.101.05 Relationship to Other Laws and Private Agreements
It is not the intent of the WDO to interfere with, abrogate or annul any easement, covenant or
agreement between parties; provided, however, that where the WDO imposes greater restrictions
than those imposed or required by other rules or regulations, the provisions of the WDO shall
control.
1.101.06 Prior Approvals and Conditions of Approval
Developments, including subdivisions, partitions, planned unit developments, zone changes,
conditional uses, variances, site development review and other development applications for
which approvals were granted before the effective date of the WDO, may occur pursuant to such
Woodburn Development Ordinance Draft May 13, 2013 Section 1.101 Page 2
approvals; except that all subsequent modifications to development approvals shall comply with
the WDO.
1.101.07 Severability
If any section, paragraph, subdivision, clause, or sentence of the WDO shall be adjudged by any
court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of the WDO.
Woodburn Development Ordinance Draft May 13, 2013 Section 1.101 Page 3
1.102 Definitions
Note: Terms not defined in this Section have the meaning set forth in the New Oxford American
Dictionary, 2010 edition (see Section 4.102.06.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.
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 secondary vehicular access to property and intersects with a public street.
Alteration, Structural: Any change in the exterior dimensions of a building, or a change which
would affect a supporting member of a building, such as a bearing wall, column, beam or girder.
Anti - Graffiti Surface: Either a preparation applied to the surface area of a wall or fence that is
formulated to aid in the removal of unintended paint or other surface markings; or evergreen
Woodburn Development Ordinance Draft May 13, 2013 Section 1.102 Page 1
vegetation planted directly in front of, or covering, a fence or wall in a way that obscures the
visibility of at least 75 percent of any element of each exterior face.
Application: Any request for approval of a development or a legislative amendment to the City's
land use regulations, comprehensive plan or related maps.
Approval Criteria and Approval Standards: All standards which must be met in order to approve
an application. Depending upon the specific application, approval criteria include standards
contained in the Woodburn Development Ordinance, Woodburn Comprehensive Plan and
applicable state law.
Articulate /Articulation: The joining and intersecting of walls or building spaces through offsets,
projections, overhangs, extensions and similar features.
Berm: A linear mound of soil, a small rise or hill in a landscape which is intended to buffer or
visually screen certain features of development, such as parking.
Block: A unit or contiguous units of land bounded by intersecting streets.
Buffer: Landscaping and /or screening between two land uses of differing character to minimize
potential conflicts and provide a more aesthetic environment.
Building: Any structure having a roof built for the support, shelter, or enclosure of persons,
animals, or property of any kind.
Building Height: The vertical distance above a reference datum measured to the highest point of
the coping or flat roof or to the deck line of a mansard roof or to the average height of the highest
gable of a pitched or hipped roof. The height of a stepped or terraced building is the maximum
height of any segment of the building. The reference datum shall be selected by either of the
following, whichever yields the greater height of building:
1. The elevation of the highest adjoining sidewalk or ground surface within 5 -foot
horizontal distance of the exterior wall of the building, when such sidewalk or ground
surface is not more than 10 feet above the lowest grade.
2. An elevation 10 feet higher than the lowest grade, when the sidewalk or ground surface
described in "1" above is more than 10 feet above the lowest grade.
Woodburn Development Ordinance Draft May 13, 2013 Section 1.102 Page 2
Reference
More tha
elevatior
between
A and B
Building, Primary: A building within which is conducted the main or principal use of the
property.
Cabana: A stationary structure with two or more walls, used in conjunction with a manufactured
dwelling to provide additional living space and meant to be moved with the manufactured
dwelling.
Caliper: The diameter of a tree measured 6 inches above ground level for trees up to 4 inches in
diameter, or 12 inches above ground level for trees 4 inches or more in diameter. Note: A
"significant tree" is determined by its diameter measured at 5 feet above ground level, regardless
Woodburn Development Ordinance Draft May 13, 2013 Section 1.102 Page 3
Figure 1.102A — Building Height
Figure 1.102B — Building Height
of its caliper.
Figure 1.102C — Measurement of Caliper and Significant Tree Diameter
Care services:
• Child Care: The care, supervision and guidance on a regular basis of a child,
unaccompanied by a parent, guardian or custodian, provided to a child during a part of
the 24 hours of the day, in a place other than the child's home, with or without
compensation.
Child Care Facility: A facility that provides child care, including a day nursery, nursery
school, day care center, or similar unit operating under any name, but not including:
• a facility providing care that is primarily group athletic or social activities sponsored
by or under the supervision of a church or an organized club or hobby group.
• a facility operated by a school district or a governmental agency.
• a facility providing care while the child's parent remains on the premises and is
engaged in an activity offered by the facility or in other non -work activity.
• a Child Care Home.
• Child Care Home: A residential facility certified by the Oregon Child Care Division.
Group Care Facility: A facility that provides residential care, treatment, or training for
six or more socially dependent individuals or individuals with physical disabilities or
mental retardation or other developmental disabilities or mental, emotional or behavioral
disturbances or alcohol or drug dependence. Note: See "Residential Care," Residential
Care Facility," "Residential Training Facility," "Residential Treatment Facility,"
"Training," and "Treatment" in ORS 443.400. Group Care Facility includes what is
commonly called an "assisted living facility."
• Group Home: A facility that provides residential care, treatment, or training for five or
fewer socially dependent individuals or individuals with physical disabilities or mental
Woodburn Development Ordinance Draft May 13, 2013 Section 1.102 Page 4
retardation or other developmental disabilities or mental, emotional or behavioral
disturbances or alcohol or drug dependence. Note: See "Residential Care," Residential
Care Home," "Residential Training Home," "Residential Treatment Home," "Training,"
and "Treatment" in ORS 443.400. Group Home includes what is commonly called an
"assisted living facility" or "adult foster home."
Nursing Home: A building or portion of a building containing living units and providing
inpatient nursing and rehabilitative services. Nursing Home includes "hospice" but does
not include "Group Care Facility," "Group Home," or "Hospital."
Carport: A permanent structure consisting of a roof and supports for covering a parking space
which is not completely enclosed.
Cemetery: Land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes, including a columbarium, crematory, mausoleum, or mortuary, when
operated in conjunction with, and within the boundary of, such cemetery.
Change of Use: A change from one type of use of a building or land to another type of use for
uses as defined by the Woodburn Development Ordinance.
Church: See "House of Worship."
Community Building: A facility available for public use for meetings, recreation, education.
Condominium: A building or group of buildings, in which separate buildings or portions of
buildings are separately owned, while the land on which the building(s) is located is held in a
common ownership.
Conforming: In compliance with the current regulations of the Woodburn Development
Ordinance.
Contiguous: Touching along a boundary or point. Note: see also "abutting" and "adjacent."
Corner Clearance: The distance from an intersection of a street to the nearest driveway. The
distance shall be measured along the traveled way of the street connecting the intersecting street
and the driveway, starting from the closest edge of the pavement of the intersecting street and
ending at the closest edge of pavement of the driveway (See Table 3.104A).
Delivery Service: The delivery of packages and the sale and /or delivery of food and /or
beverages.
Density :
• Gross Density or Units per Gross Acre: The number of dwelling units or living units per
acre prior to the dedication of public right -of -way; irrevocable easements for private
streets or access ways; and private streets in Manufactured Dwelling Parks.
• Net Density or Units per Net Acre: The number of dwelling units or living units per acre
based on the land area committed to housing and common, private ownership but
excluding public right -of -way, irrevocable easements for private streets or access ways,
and private streets in Manufactured Dwelling Parks.
Department: The Department of Economic and Development Services of the City of Woodburn.
Development: A building or grading operation, making a material change in the use or
Woodburn Development Ordinance Draft May 13, 2013 Section 1.102 Page 5
appearance of a structure or land, dividing land into two or more parcels, partitioning or
subdividing land, or the creation or termination of an access right.
Development Standard: The requirement of the City with respect to the quality and quantity of
an improvement or activity.
Director: The Director of the Department of Economic and Development Services of the City of
Woodburn or designee.
Driveway: A private access way to and from a property, a parking space or area, a garage, or a
use, intended to allow vehicular ingress and egress but not intended to provide the traffic
circulation function of a street.
Dwellings:
• Duplex: A detached building on a single lot containing 2 dwelling units designed
exclusively for occupancy by 2 families living independently of each other.
• Dwelling Unit: A building or portion of a building providing complete, independent
living facilities for occupancy by one family, including permanent provisions for living,
sleeping, eating, cooking and sanitation. Note: "Dwelling unit" is not synonymous with
"living unit."
• Medium Density Residential: Any building where the predominant use is
multiple - family residential, nursing home, or group care facility.
• Manufactured Dwelling: Any of the following:
1. Residential trailer: A structure constructed for movement on the public highways
which has sleeping, cooking and plumbing facilities, that is intended for human
occupancy, that is being used for residential purposes and that was constructed
before January 1, 1962.
2. Mobile home: A structure constructed for movement on the public highways that
has sleeping, cooking and plumbing facilities, that is intended for human occupancy,
that is being used for residential purposes and that was constructed between January
1, 1962, and June 15, 1976, and met the construction requirements of the Oregon
mobile home law in effect at the time of construction.
3. Manufactured home: A structure constructed for movement on the public highways
that has sleeping, cooking and plumbing facilities, that is intended for human
occupancy, that is being used for residential purposes and that was constructed in
accordance with federal manufactured housing construction and safety standards and
regulation in effect at the time of construction.
Manufactured dwelling does not mean any building or structure constructed to conform
to the State of Oregon Structural Specialty Code or the One and Two Family Dwelling
Code adopted pursuant to ORS Chapter 455 or any unit identified as a recreational
vehicle by the manufacturer.
• Multiple- Family Dwelling: A building on a single lot containing three or more dwelling
units. Note: This definition does not include row houses, where attached single - family
dwelling units are located on separate lots.
Woodburn Development Ordinance Draft May 13, 2013 Section 1.102 Page 6
• Row House: A building containing three or more dwelling units, arranged so that each
dwelling unit is located on a separate lot. The building often consists of a series of
houses of similar or identical design, situated side by side and joined by common walls.
• Single - Family Dwelling: A detached building constructed on a single lot, containing one
dwelling unit designed exclusively for occupancy by one family.
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.
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.
Gross Floor Area: 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;
4. Accessory water towers or cooling towers;
5. Off - street parking or loading spaces.
Home Occupation: A business or professional activity engaged in by a resident of a dwelling
unit as a secondary use of the residence, and in conformance with the provisions of the
Woodburn Development Ordinance. Such term does not include the lease or rental of a dwelling
unit (See Section 2.202.12).
House of Worship: A church, synagogue, temple, mosque or other permanently located building
primarily used for religious worship. A house of worship may also include accessory buildings
for related religious activities and one dwelling unit.
Interested Person: With respect to a land use action, any person or organization, or the duly
Woodburn Development Ordinance Draft May 13, 2013 Section 1.102 Page 7
authorized representative of either, having a right of appeal under the Woodburn Development
Ordinance.
Kennel: Any lot or premises on which four or more dogs and/or cats over the age four months
are kept for sale, lease, boarding or racing.
Landscaping: Areas primarily devoted to the planting and preservation of trees, shrubs, lawn and
other organic ground cover, together with other natural or artificial supplements such as
watercourses, ponds, fountains, decorative lighting, benches, arbors, gazebos, bridges, rock or
stone arrangements, pathways, sculpture, trellises and screens.
Legal Description: The description of a subject property by either metes and bounds or in
reference to a lot, or lot and block, number of a recorded subdivision or partition.
Legislative Action: Any final decision of the city that adds to, amends or repeals the City's land
use regulations, comprehensive plan or related maps and does not pertain to a particular property
or small set of properties.
Loading Space: An on -site space or berth on the same lot with a building, or contiguous to a
group of buildings, for the temporary parking of a commercial vehicle while loading or
unloading merchandise or material.
Lot: A lot or parcel created by subdivision or partition in compliance with ORS Chapter 92 and
applicable zoning and subdivision ordinances, or created by deed or land sale contract recorded
before subdivision requirements or partition requirements in the City of Woodburn (April 16,
1963) or for land in Marion County not yet incorporated in the City of Woodburn prior to major
partition regulations (August 8, 1962) and minor partition regulations (September 1, 1977),
exclusive of units of land created solely to establish a separate property tax account.
2 1_ 3 4 5 6
7 8
Lots 1, 6, and 7 are corner lots.
Lots 2 and 8 are interior lots.
Lots 3 and 4 are flag lots (the dotted line
indicates an access easement to Lot 4.)
Lot 5 is a through lot.
Figure 1.102D — Lot Types
• Corner Lot: A lot abutting two segments of street right -of -way along either, a curvilinear
street, or two intersecting streets, where the projection of the two line segments forms an
angle of intersection that is no greater than 135 degrees.
• Flag Lot: A lot that is either a) accessed by an easement; or b) accessed by a strip of
land; where the width of the driveway access is neither less than, nor exceeds by more
than 20 percent, the standards of Table 3.104A.
Woodburn Development Ordinance Draft May 13, 2013 Section 1.102 Page 8
• Interior Lot: A lot with frontage on a single street.
• Lot, Through: A lot which fronts on two streets which do not intersect along the
boundaries of the lot.
Lot Area: The total area of a lot, measured in a horizontal plane, within the boundary lines,
excluding dedicated public rights -of -way and recorded irrevocable easements for private streets
or driveways.
Lot Coverage: The percentage, or portion, of total lot area covered by primary and /or accessory
buildings, including roofed but unenclosed structures, but excluding covered structures less than
five feet in height and having less than 20 square feet of gross floor area (such as pet shelters and
play houses).
Lot Depth, Average: The horizontal distance measured from the midpoint of the front lot line to
the midpoint of the rear lot line.
Lot Line: The property lines forming the exterior boundaries of a lot.
• Front Lot Line:
1. 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, the lot line which is most nearly parallel to the street that
provides access to the interior lot.
• Rear Lot Line:
1. In the case of a triangular shaped lot, diamond shaped lot, or a trapezoidal 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.
Mini - Storage Warehouse: An area within an enclosed building or structure used for the storage
of personal property for compensation.
Woodburn Development Ordinance Draft May 13, 2013 Section 1.102 Page 9
Mobile Food Services: A vehicle, trailer, or wagon used for the preparation and /or sale of food
and /or beverages.
Nonconforming Development: Any development which met all applicable development
standards imposed by applicable City or County zoning ordinance provisions when the
development was established, and which has been maintained in compliance with such
standards; but which does not comply with the current development standards of the Woodburn
Development Ordinance solely because of the adoption or amendment of the Woodburn
Development Ordinance, or because annexation to the City resulted in application of different
development standards to the subject property.
Non -final Decision: Any decision by the Director, Planning Commission or Design Review
Board which is not a final decision, but is appealable to another decision maker within the City.
Open Space, Common: An area, feature, building or other facility within a development which
has been dedicated in common to the ownership within the development, or to the public,
specifically for the purpose of providing places for recreation, conservation or landscaping, and
which is intended for the use of the residents and property owners of the development.
Open Space, Usable Common: Common open space, the use of which conforms with use and
development guidelines specified by the Woodburn Development Ordinance.
Owner: The owner of record of real property, as shown on the latest tax rolls or deed records of
the county, or a person who is purchasing a parcel of property under a written sales contract.
Parking Lot or Area: An on -site building, structure, or improved area, other than a street or
alley, used for the parking of automobiles and other vehicles.
Partition: Note: Partition is defined in State statute. See ORS 92.010.
Pedestrian Facilities: Improvements which provide for public pedestrian foot traffic, including
sidewalks, walkways, crosswalks and other improvements, such as lighting or benches, which
provide safe, convenient and attractive walking conditions.
Permit: Any form of approval pertaining to the use of land rendered by the City under the
Woodburn Development Ordinance, including subdivisions, partitions, property line
adjustments, zone changes and plan amendments, land use, limited land use and expedited land
divisions.
Planned Unit Development or PUD: A type of land development which, as a single project,
allows for mixed use and design flexibility that is based on a design which is in compliance with
the Comprehensive Plan, the uses allowed by underlying zoning, specified exceptions to zoning
standards and applicable subdivision, condominium and homeowner association requirements of
the Woodburn Development Ordinance.
Plant Unit: A quantity of specified plant materials (See Table 3.106B).
Recreational Vehicle or RV: A vehicle with or without motive power, that is designed for
human occupancy and to be used temporarily for recreational, seasonal, or emergency purposes.
The term includes camping trailer, motor home, park trailer, travel trailer, and truck camper.
Recreational Vehicle Park or RV Park: A plot of land upon which two or more recreational
vehicle sites are located, established or maintained for occupancy by recreational vehicles
belonging to the general public as temporary living quarters for recreational or vacation
Woodburn Development Ordinance Draft May 13, 2013 Section 1.102 Page 10
purposes.
Recycling Center: An area or structure used for the collection and temporary storage of
non - putrescible, discarded materials, which will be transported elsewhere to be reused or
recycled.
Repair: The reconstruction or renewal of any part of an existing building or structure for the
purposes of maintenance. The term shall not include structural alteration.
Review Area: The review area that defines the character of surrounding dwellings and
immediately surrounding dwellings shall encompass the five nearest dwellings to the subject lot
that are on the same street and that are within 500 feet of the subject lot.
School, Elementary, Middle or High: A public or private institution offering instruction in the
several branches of learning and study, in accord with the rules and regulations of the State
Department of Education.
Screening: A sight- obscuring fence, architectural wall, or evergreen hedge at least 6 feet in
height.
Setback or Setback Line: The minimum distance between a specified line and the foundation or
exterior wall of a building or structure, whichever is closer.
1. For interior and corner lots, the distance shall be measured from the abutting property
line.
2. In a Manufactured Dwelling Park, setbacks shall be measured from the delineation of a
"Park Space."
3. For Interior Flag Lots, setbacks shall be measured from a property line, except in the case
of development that abuts a flag lot driveway access easement or strip of land in fee. In
that case, the setback shall be measured from the easement line or the property line,
whichever is closer to the development.
Note: A setback is the minimum required distance between a structure and a lot line, whereas a
yard is the actual area between a structure and a lot line.
Street
x ` x M1 ,N M� t 31 fi
Rear Setback I Rear Setback
Figure 1.102E — Setbacks and Yards
Woodburn Development Ordinance Draft May 13, 2013 Section 1.102 Page 11
Setback, Average: For any continuous wall, "average setback" shall be as follows:
1. For a straight wall: The distance derived from dividing the sum of the closest and
furthest points of the building wall from the property line by two; or
2. For an articulated wall: The location of a wall where the yard area abutting the property
line (accounting for offsets and jogs) is equal to the yard area computed by multiplying
the length of the wall by the standard for the allowable average setback.
Building
6 maximum
/ deviation
Setback _ -� N�t/. 1
standard Furthest
point
Average
setback
Closest
Lot line point
Figure 1.102F — Average Setback for a Straight Wall
Building Lot line
Setback
standard
Yard area computed by multiplying the
length of the wall by the standard
for the allowed average setback.
Figure 1.102G — Average Setback for an Articulated Wall
Significant Tree: Any existing, healthy tree 24 inches or more in diameter, measured five feet
above ground level (See Section 3.106.07).
Street:
• Boundary Street: That portion, or portions, of a street right -of -way abutting a subject
Woodburn Development Ordinance Draft May 13, 2013 Section 1.102 Page 12
property where existing or proposed development is located within 260 feet of the subject
right -of -way.
• Cul -de -sac: A dead end street having a turnaround area at the dead end.
Park Street: A private street which affords the principal means of access to abutting
individual manufactured dwelling spaces and auxiliary buildings within a manufactured
dwelling park.
• Public Street: The entire width between the right -of -way lines of a public way capable of
providing the principal means of access to abutting property.
Structural Alteration: Any alteration, addition or removal of any structural member of a
building, or structure.
Structure: That which is built or constructed; an edifice or building of any kind; or any piece of
work artificially built up or composed of parts joined together in some definite manner,
regardless of whether it is wholly or partly above or below grade.
Subdivision: Note: Subdivision is defined in State statute. See ORS 92.010.
Subject Property: The real property or properties that is /are the subject of a permit application.
Use: (noun) An activity or a beneficial purpose for which a building, structure or land is
designed, developed or occupied.
• Ancillary Use: An ancillary use is a use that is subsidiary to a predominant use and is
either vertically integrated with, or directly linked with, the conduct of a predominant
use, or is exclusively for the benefit of occupants, or employees, of a predominant use.
Nonconforming Use: A use which met all applicable use standards imposed by
applicable City or county zoning ordinance provisions when it was established, but which
does not comply with the use standards of the Woodburn Development Ordinance solely
because of the adoption of or amendment of the Woodburn Development Ordinance, or
because annexation to the City resulted in the application of different use standards to the
subject property (See also Nonconforming Development).
• Permitted Use: Those land uses permitted in a zoning district that are allowed outright,
subject to the standards of the Woodburn Development Ordinance.
• Required Supporting Use: An on -site space or facility necessary to fulfill a dimensional
or development standard of the Woodburn Development Ordinance, or a condition of a
land use approval. Required supporting uses include access facilities, parking, loading,
landscaping, and open space.
Utilities: Water, sanitary sewer, storm drainage, natural gas, electrical, wire communication
service, cable television and all persons and companies supplying the same.
Vision Clearance Area: An area defined by the standards within which visual obstructions are
regulated for safety purposes (See Section 3.103.06).
Wall, Architectural: A brick, poured concrete, precast concrete, or CMU wall that meets the
design standards of Section 3.106.06.
Woodburn Development Ordinance Draft May 13, 2013 Section 1.102 Page 13
Wetlands: An area that is inundated or saturated by surface water or ground water at a frequency
and duration sufficient to support, and that under normal circumstances does support, a
prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands, Significant: Wetlands which are defined by the criteria adopted by the Department of
State Lands (DSL) pursuant to ORS Chapter 197 and are subject to land use regulation.
Yard: An open and unoccupied space on the lot on which a building is situated. Note: A setback
is the minimum required distance between a structure and a lot line, whereas a yard is the actual
area between a structure and a lot line. (See Figure 1.102E)
• Buffer Yard: A yard improved with landscaping and /or screening to applicable standards
of the Woodburn Development Ordinance, that is located between two land uses of
differing character to minimize potential conflicts and to provide a more aesthetic
environment.
• Front Yard: The space extending across the full width of a lot, the depth of which is the
minimum horizontal distance between the front lot line and a line parallel to the nearest
point of the foundation or exterior wall of the primary building or structure, whichever is
closer.
• Rear Yard: The space extending across the full width of the lot between the rear lot line,
the depth of which is the minimum horizontal distance between the rear lot line and a line
parallel to the nearest point of the foundation or exterior wall of the primary building or
structure, whichever is closer.
• Side Yard: The space extending from the front yard line to the rear yard line, the depth
of which is the minimum horizontal distance between the side lot line and a line parallel
to the nearest point of the foundation or exterior wall of the primary building or structure,
whichever is closer.
Woodburn Development Ordinance Draft May 13, 2013 Section 1.102 Page 14
1.103 Official Zoning Map
1.103.01
Adoption of the Official Zoning Map
1.103.02
Content of the Official Zoning Map
1.103.03
Depiction of Rights -of -Way
1.103.04
Interpretation of Zoning District Boundaries
1.103.05
Maintenance of the Official Zoning Map by Director
1.103.06
Maintenance of Land Use Decisions by City Recorder
1.103.01 Adoption of the Official Zoning Map
The "Official Zoning Map" of the City of Woodburn is hereby adopted and made a part of the
Woodburn Development Ordinance.
1.103.02 Content of the Official Zoning Map
The location and boundaries of all zoning districts, overlay districts and all other graphic
information required by the Woodburn Development Ordinance shall be noted on the Official
Zoning Map.
1.103.03 Depiction of Rights -of -Way
The Official Zoning Map need not depict zoning for rights -of -way. Regardless of depiction on
the Official Zoning Map, zoning districts shall extend to the centerline of abutting rights -of -way.
1.103.04 Interpretation of Zoning District Boundaries
Where there is uncertainty, contradiction or conflict concerning the intended location of zoning
district boundary lines, the boundary lines shall be determined by consideration of the following
guidelines in a Type IV review. Such a review may be initiated by the owner of the subject
property or by the Director:
A. Boundaries indicated as approximately following the center of right -of -way lines of streets,
highways, railroad track or alleys shall be construed to be such district boundaries;
B. Boundaries, when not adjacent to public rights -of -way, indicated as approximately
following the boundaries of a lot shall be construed as following such boundaries;
C. Boundaries indicated as approximately following the City limits shall be construed as
following such boundary;
D. Boundaries indicated as approximately following river, stream and/or drainage channels or
basins shall be construed as following the center line of the channel of such river, stream or
channel; and
E. Whenever any public right -of -way is lawfully vacated, the lands formerly within the vacated
right -of -way shall automatically be subject to the same zoning district designation that is
Woodburn Development Ordinance Draft May 13, 2013 Section 1.103 Page 1
applicable to lands to which the vacant land attaches.
1.103.05 Maintenance of the Official Zoning Map by Director
The Director shall maintain an up -to -date copy of the Official Zoning Map and, shall have
procedures in place to insure against accidental or unauthorized modification or loss of the data.
1.103.06 Maintenance of Land Use Decisions by City Recorder
Pursuant to the Woodburn City Charter, the City Recorder shall maintain an accurate record of
all land use decisions made by the City Council and Planning Commission. In the event of a
conflict between the Official Zoning Map and a land use decision kept on file by the City
Recorder, the land use decision shall control.
Woodburn Development Ordinance Draft May 13, 2013 Section 1.103 Page 2
1.104 Nonconforming Uses and Development
1.104.01 Applicability
1.104.02 Change or Expansion of an Existing Use with Nonconforming Parking, Loading
and /or Landscaping
1.104.03 Change or Expansion of an Existing Use within a Nonconforming Structure
1.104.04 Nonconforming Lots of Record
1.104.05 Repairs and Maintenance
1.104.06 Termination of a Nonconforming Use
1.104.07 Termination of a Use within a Nonconforming Building or Structure
Note: Nonconforming signs are regulated by Section 3.110.11.
1.104.01 Applicability
The provisions of this Section relate exclusively to the use and development standards and
conditions imposed by the WDO. Nothing in this Section shall be deemed a waiver, relaxation
or abrogation of any provision of any other applicable law, ordinance, or regulation controlling
the use or development of buildings, structures or land.
1.104.02 Change or Expansion of an Existing Use with Nonconforming Parking,
Loading and /or Landscaping
Any additional parking, loading, landscaping, wall or refuse facility required by the WDO to
accommodate a change in use, or expansion of an existing use shall be subject to the following:
A. For applications where the change or expansion increases the required area for parking,
loading, or landscaping by 25 percent or more, all parking, loading, landscaping, buffer
walls and refuse facilities shall conform to the standards of the WDO.
B. For applications where the change or expansion increases the required area for parking,
loading, or landscaping by less than 25 percent, the parking, loading, landscaping, buffer
walls and refuse facilities required for the expansion shall conform to the standards of the
WDO. The property owner is encouraged, but not required, to bring more of the site into
conformity.
1.104.03 Change or Expansion of an Existing Use within a Nonconforming Structure
A. Any expansion or addition to buildings or structures with nonconforming height, setback,
density or lot coverage shall not make the development more nonconforming.
B. Any expansion or addition to single family and duplex dwellings that existed before the
effective date of the WDO, except those located in the Neighborhood Conservation Overlay
District (NCOD), shall be exempt from the architectural guidelines and standards of the
WDO.
Woodburn Development Ordinance Draft May 13, 2013 Section 1.104 Page 1
1.104.04 Nonconforming Lots of Record
Any nonconforming lot of record may be used, provided all standards not involving width or lot
area shall comply with the WDO.
1.104.05 Repairs and Maintenance
Except as otherwise provided in this Section, nonconforming structures and development and
premises occupied by nonconforming uses may be repaired and maintained, so long as any such
repair or maintenance does not in any way increase its nonconformity.
1.104.06 Termination of a Nonconforming Use
The nonconforming use of a building, structure, or land shall be considered terminated if the
Director finds that the use of the building, structure or land ceased, for any reason, for a
continuous period of one year. Any findings by the Director shall be subject to Section 4.102.06.
1.104.07 Termination of a Use within a Nonconforming Building or Structure
A use dependent upon a nonconforming building or structure (with the exception of a single
family dwelling) shall be terminated, as noted, under any one of the following circumstances:
A. Use of a building or structure that is substantially damaged or becomes deteriorated to the
extent that it has been declared a "dangerous building or structure" and ordered demolished
pursuant to the state Building Code or other federal, state or local regulations, shall be
terminated upon such declaration and order;
B. Use of a building or structure which is substantially damaged or deteriorated to the extent
that the cost of repairing the building or structure exceeds 60 percent of its replacement cost
shall be terminated upon the date of such damage or deterioration. The replacement cost
shall be established by the Building Official assuming new materials and compliance with
the state building code; or
C. Use of a building or structure which is damaged or deteriorated less than 60 percent shall be
terminated where permits and full reconstruction has not been initiated within one year of
the preparation of a restoration estimate. The restoration cost shall be estimated by a
registered engineer or architect assuming new materials and compliance with the state
building code.
Woodburn Development Ordinance Draft May 13, 2013 Section 1.104 Page 2
1.105 Planning Commission
1.105.01 Composition, Terms and Vacancies
1.105.02 Organization of the Commission
1.105.03 Functions and Duties of the Commission
1.105.01 Co_ mposition, Terms and Vacancies
A. Creation of the Commission
1. The Woodburn Planning Commission as created and organized pursuant to Ordinance
1807, is hereby recreated and continued as provided herein.
2. The Commission shall have the duties and powers set forth in this Section and such
further and additional powers and duties conferred by the constitutions and laws of the
United States and the State of Oregon, the Charter, Ordinances and Resolutions of the
City of Woodburn, and as directed by the City Council.
3. The Commission shall act as the Design Review Board under the WDO except where
the City Council has acted by resolution pursuant to Section 1.106.01 to appoint a
Design Review Board.
B. Composition of the Commission
1. The Commission shall consist of a total of seven members appointed by the Mayor to a
full or unexpired term, and confirmed by the City Council. Any vacancy in the
Commission shall be filled by appointment by the Mayor with the consent of the City
Council for the unexpired portion of the term.
2. All members of the Commission shall be legal residents of the City of Woodburn, with
the exception of one member, who may reside outside the City.
3. No more than one member shall be engaged principally in the buying, selling, or
developing of real estate for profit as an individual, or as a member of any corporation
that is engaged principally in the buying, selling or developing of real estate for profit.
No more than one member shall be engaged in the same kind of business, trade or
profession.
C. Terms of Office
1. The terms of office of each Commissioner shall be four years, or until a successor is
appointed and qualified. The terms of the Commissioners shall be staggered so that not
more than three members' terms of office will expire in the same year. The terms of
office shall expire at midnight on December 31.
2. Commission members shall be installed at the first regular meeting of the Commission
following the expiration of a term or vacancy, and their confirmation by the City
Council. Installation shall be completed after an oath or affirmation to uphold the
Constitutions of the United States and the State of Oregon and impartially perform the
duties of the office to best of their ability.
Woodburn Development Ordinance Draft May 13, 2013 Section 1.105 Page 1
3. The Council may remove a Commissioner, after hearing, for misconduct or
nonperformance of duty.
D. Compensation
Members of the Commission shall receive no compensation for their services, but may be
reimbursed for expenses incurred in the performance of their duties.
1.105.02 Organization of the Commission
A. Officers
1. The Commission shall elect a Chair and a Vice Chair. The terms of office shall comply
with the rules and regulations of the Commission and City Council.
2. The Director shall serve as Secretary for the Commission. The Secretary, supported by
other City staff, shall provide notice of public meetings and public hearings, and keep
minutes of all proceedings of the Commission in accordance with state law and City
ordinances.
B. Meetings
1. Four members of the Commission shall constitute a quorum.
2. The regular meeting place of the Commission shall be at the City Hall.
3. The Commission may establish rules to conduct its business consistent with the laws of
the State of Oregon and with the Charter and Ordinances of the City of Woodburn.
1.105.03 Functions and Duties of the Commission
A. General Responsibilities for Recommendations to the City Council and Others
Except as otherwise provided by the City Council, the Commission shall have the power to
make recommendations to the City Council and to all other public authorities regarding the
following:
1. The laying out, widening, extending, and locating of public thoroughfares, parking of
vehicles and relief of traffic congestion;
2. Betterment of housing and sanitation conditions;
3. Establishment of zones or districts limiting the use, height, area and bulk and other
characteristics of buildings and structures related to land development;
4. Protection and assurance of access incident to solar radiation;
5. Protection and assurance of access to wind for potential future electrical generation or
mechanical application;
6. Plans for regulating future growth, development and beautification of the City in respect
to its public and private buildings and works, streets, parks, grounds and vacant lots,
and plans consistent with future growth and development of the city in order to secure
to the City and its inhabitants sanitation, proper service of public utilities and
Woodburn Development Ordinance Draft May 13, 2013 Section 1.105 Page 2
telecommunications utilities, including appropriate public incentives for overall energy
conservation and transportation facilities;
7. Plans for development and regulation of industrial and economic needs of the
community, in respect to industrial pursuits;
8. Economic surveys of the present and potential needs of the City;
9. Needs of local industries with a view to strengthening and developing them and
stabilizing employment conditions.
B. Recommendations on Planning and Zoning
The Commission shall make written findings and recommendations to the City Council on
all proposed amendments to the Comprehensive Plan; proposed or revised ordinances
relating to the regulation of land use; all types of land use applications specified for
Commission review by the WDO; and all other matters as directed by the City Council after
holding any prescribed public hearing. The Commission may also hold public hearings and
make recommendations to the Council on any other matter that relates to the Commission's
powers and duties.
C. Review and Tentative Approval
The Commission shall have the duty and power to review and tentatively approve all Type
III and Type IV applications, subject to review or appeal to the City Council.
D. Other Duties of the Commission
The Commission shall have the authority to exercise any and all powers, functions, and
authority delegated to, or conferred upon, the Commission by the laws of Oregon, the
Charter of the City of Woodburn, the WDO, or any other ordinance or resolution of the City
of Woodburn.
Woodburn Development Ordinance Draft May 13, 2013 Section 1.105 Page 3
1.106.02 Organization of the Board
A. Officers
1. The Board shall elect a Chair and a Vice Chair. The terms of office shall comply with
the rules and regulations of the Board.
2. The Director shall serve as Secretary of the Board. The Secretary, supported by other
City staff, shall provide notice of public meetings and public hearings, and keep an
accurate record of all proceedings and actions of the Board in accordance with state law
and city ordinances.
B. Meetings
1. Three members of the Board shall constitute a quorum.
2. The Board shall have a regular meeting schedule. All meetings of the Board shall be
open public meetings. The regular meeting place of the Board shall be at the City Hall.
3. The Board shall establish rules to conduct its business consistent with the laws of the
State of Oregon and with the Charter and Ordinances of the City of Woodburn.
1.106.03 Functions and Duties of the Board
It shall be the function and duty of the Board to administer the design review provisions of the
WDO that are identified as functions of the Board. It shall be the duty of the Board to make
recommendations or decisions with written findings in compliance with the applicable
procedures of the WDO.
Woodburn Development Ordinance Draft May 13, 2013 Section 1.106 Page 2
2.101 General Provisions
Zoning seeks to group like uses together, to separate incompatible uses, and to allow a wide
range of land uses in appropriate environments and with appropriate regulations. The zones are
depicted on the Official Zoning Map. This Section sets forth the regulations for each zone in the
City.
2.101.01
Establishment of Zoning
2.101.02
Zoning Districts
2.101.03
Classification of Uses
2.101.04
Other Use Provisions
2.101.01 Establishment of Zoning
All areas within the corporate limits of the City of Woodburn are divided into distinctive land
use categories, as depicted on the Official Zoning Map. The use of the territory within a zoning
district shall be limited to the uses specified in the zoning district.
2.101.02 Zoning Districts
The City of Woodburn shall be divided into the following zoning and overlay districts:
A. Residential Zones:
1. Residential Single Family (RS)
2. Nodal Single Family Residential (RSN)
3. Retirement Community Single Family Residential (R1S)
4. Medium Density Residential (RM)
5. Nodal Multi- Family Residential (RMN)
B. Commercial Zones
1. Downtown Development and Conservation (DDC) zone
2. Commercial General (CG) zone
3. Commercial Office (CO) zone
4. Mixed Use Village (MUV) zone
5. Neighborhood Nodal Commercial (NNC) zone
C. Industrial and Public and Semi - Public Zones
1. Industrial Park (IP) zone
2. Light Industrial (IL) zone
3. Southwest Industrial Reserve (SWIR)
Woodburn Development Ordinance Draft May 13, 2013 Section 2.101 Page 1
4. Public and Semi - Public (P /SP) zone
D. Overlay Districts
1. Gateway Commercial General Overlay District
2. Interchange Management Area Overlay District
3. Neighborhood Conservation Overlay District
4. Nodal Overlay Districts
5. Riparian Corridor and Wetlands Overlay District
6. Southwest Industrial Reserve
2.101.03 Classification of Uses
A. Within each zone, uses are classified as "permitted," "special," "conditional," "specific
conditional" and "accessory." Further, uses are functionally classified by description of the
particular activity (such as "site -built single - family dwelling ").
B. Where a use is not defined in Section 1.102, the words of this ordinance describing such a
use are to be given their ordinarily accepted meaning, except where the context in which
they are used clearly indicates otherwise.
C. In many cases, uses are listed under convenient categories. Such titles of subsections do not
indicate nor shall they be construed as meaning that they themselves independently
designate permitted, special, conditional or accessory uses. They are provided for ease of
reference only.
D. The uses listed in each use classification refer to the "predominant use." The term
"predominant use" not only describes the principal use but also allows for "ancillary uses"
and "required supporting uses." "Predominant use" does not differentiate about the duration
of a use, uses of both permanent and temporary nature are considered to be the same.
E. An ancillary use is a use that is subsidiary to a predominant use and is either vertically
integrated with, or directly linked with, the conduct of a predominant use, or is exclusively
for the benefit of occupants, or employees, of a predominant use.
2.101.04 Other Use Provisions
The Woodburn Development Ordinance (WDO) included standards and procedure for
development within the City of Woodburn. All development is subject to the standards of the
WDO. The uses authorized in each zone are listed in Sections 2.102, 2.103, 2.104 and 2.106.
There are additional standards, including standards for Accessory Uses (Section 2.20 1), Special
Uses (Section 2.202), Conditional Uses (Section 2.203), Streets (Section 3.101), Utilities and
Easements (Section 3.102), Setbacks (Section 3.103), Access (Section 3.104), Off - Street Parking
and Loading (Section 3.105), Landscaping (Section 3.106), Architectural Design (Section 3.107),
and Signs (Section 3.110).
Woodburn Development Ordinance Draft May 13, 2013 Section 2.101 Page 2
2.102 Residential Zones
A. The City of Woodburn is divided into the following residential zones:
1. The Residential Single Family (RS) zone is intended to establish standard density
single - family residential developments (typically 6,000 square foot lots).
2. The Nodal Single Family Residential (RSN) zone provides for row houses (attached
single - family homes) and detached single- family homes on smaller lots (typically 4,000
square foot lots).
3. The Retirement Community Single Family Residential (R1 S) zone provides small lot
residential development for seniors, allowing single - family homes on lots as small as
3,600 square feet.
4. The Medium Density Residential (RM) zone provides for multi- family dwellings and
care facilities at up to 16 dwelling units per net acre.
5. The Nodal Multi - Family Residential (RMN) zone provides for row houses, multi-
family dwellings and care facilities at higher densities than non -nodal zones.
B. Approval Types (Table 2.102A)
1. Permitted Uses (P) are allowed outright, subject to the general development standards
of this Ordinance.
2. Special Permitted Uses (S) are allowed outright, subject to the general development
standards and the special development standards of Section 2.203.
3. Conditional Uses (CU) may be allowed, subject to the general development standards of
this Ordinance and conditions of Conditional Use approval.
4. Specific Conditional Uses (SCU) may be allowed, subject to the general development
standards of this Ordinance, the specific standards of Section 2.204, and conditions of
Conditional Use approval.
5. Accessory Uses (A) are allowed outright, subject to the general standards of this
Ordinance.
Uses Allowed in Residential Zones
Table 2.102A
Use
Zone
Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P)
Special Permitted Uses (S) Specific Conditional Uses (SCU)
RS
RSN
R1 S
RM
RMN
A
I Dwellings
1
Duplex dwelling
S
S
P
P
2
Manufactured dwelling
S'
S'
S
S
S
3
Multiple - family dwelling
P
P
Woodburn Development Ordinance Draft May 13, 2013 Section 2.102 Page 1
Uses Allowed in Residential Zones
Table 2.102A
Use
Zone
Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P)
Special Permitted Uses (S) Specific Conditional Uses (SCU)
RS
RSN
R1 S
RM
RMN
4
Row houses
P
P
5
Single - family detached dwellings
P
P
P
P
P
B
Nonresidential, Care and Public Uses
1
Child care facility for 12 or fewer children
P
P
P
P
P
2
Child care facility for 13 or more children, within a non-
residential building.
CU
P
3
Elementary, middle and high schools
CU
CU
CU
CU
CU
4
Government and public utility buildings and structures
CU
CU
CU
CU
CU
5
Group care facility for six or more persons
P
P
6
Group home for five or fewer persons
P
P
P
P
P
7
Historically or architecturally significant site
SCU
SCU
SCU
SCU
SCU
8
House of worship
S
S
S
S
S
9
Manufactured dwelling park
S
S
10
Nursing home
P
P
11
Off - street parking to serve a non - residential use allowed
in zone
CU
CU
CU
CU
CU
12
Parks, play grounds and associated activities
P
P
P
P
P
13
Rights -of -way, easements and improvements for streets,
water, sanitary sewer, gas, oil, electric and
communication lines, stormwater facilities and pump
stations.
P
P
P
P
P
C
Other Uses
1
Boat, recreational and vehicle storage pad
S
S
S
S
S
2
Common boat, recreational and vehicle storage area
S
S
S
S
S
3
Community club buildings and facilities
S
S
S
S
S
4
Deck or patio
A
A
A
A
A
5
Delivery services
S
S
S
S
S
6
Facilities during construction
S
S
S
S
S
7
Fence or freestanding wall
A
A
A
A
A
8
Garage (or carport in the case of a manufactured home)
A
A
A
A
A
9
Golf courses without a driving range
S
S
S
S
S
10
Golf driving range in conjunction with a golf course
CU
CU
CU
CU
CU
11
Greenhouse, storage building, hobby shop
A
A
A
A
A
Woodburn Development Ordinance Draft May 13, 2013 Section 2.102 Page 2
Uses Allowed in Residential Zones
Table 2.102A
Use
Zone
Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P)
RS
RSN
R1 S
RM
RMN
Special Permitted Uses (S) Specific Conditional Uses (SCU)
50
Corner lot
80
Lot Depth, Average
(feet)
Interior, flag or cul -de -sac lot
12
1 Home occupation
S
S
S
S
S
13
Private recreational facilities, including swimming pool,
Any other use
50
Flag lot
20-3 0 3
Residential Density, Minimum (units per net acre)
5.2
hot tub, sauna, and game courts
A
A
A
A
A
14
Residential sales office
S
S
S
S
S
15
Temporary residential sales:
a. Produce and plant materials grown on the property
S
S
S
S
S
b. Estate, garage and yard sales
c. Crafts and other hobby items
1. Manufactured dwellings are not allowed in the Neighborhood Conservation Overlay District
(NCOD).
C. Development Standards (Tables 2.102B -F)
Residential Single- Family (RS) - Site Development Standards
Table 2.102B
Lot Area, Minimum
(square feet)
Interior, flag or cul -de -sac lot
6,000 i
Corner lot
Single - family dwelling, child
care facility or group home 2
1
8,000
Any other use
10,000
Lot Width,
Minimum (feet)
Interior, flag or cul -de -sac lot
50
Corner lot
80
Lot Depth, Average
(feet)
Interior, flag or cul -de -sac lot
90
Corner lot
90
Street Frontage
Minimum (feet)
Interior or cul -de -sac lot
40
Corner lot
Single - family dwelling
40
Any other use
50
Flag lot
20-3 0 3
Residential Density, Minimum (units per net acre)
5.2
Woodburn Development Ordinance Draft May 13, 2013 Section 2.102 Page 3
Residential Single- Family (RS) - Site Development Standards
Table 2.102B
Front Setback and Setback Abutting a Street, Minimum (feet)
20
Side Setback,
Primary structure
5 5,9
Accessory structure
Same as primary structure
Minimum (feet)
Rear Setback,
Average
(feet)
Primary
structure
Building
Bu Bu ht
he g
16 or less
24 7
more than 16 and
less than 28
7
30
28 or more
36 7
Accessory structure
5
Setback to a Private Access Easement, Minimum (feet)
5
Lot Coverage,
Maximum (percent)
Primary building height 16 feet or less
40
primary building height greater than 16 feet
35
Accessory structure
25 of rear yard x
Primary
Outside Gateway subarea
35
Gateway subarea
40
Building Height,
structure
Features not used for habitation
70
Maximum (feet)
Accessory structure
15
1. Excluding easements for private streets or driveways (See Section 1.102, Lot area)
2. Child care facility for 12 or fewer children, group home for five or fewer persons
3. See Table 3.104A, Flag Lot Access Width
4. Measured from the Special Setback (Section 3.103.04), if any
5. Except for flag lots under the option that all setbacks are 12 feet
6. Infill lots between developed lots: average of abutting residential buildings, plus or minus 5
feet, but not less than 10 feet
7. With a maximum deviation of fove feet from the setback standard
8. Accessory structures are included in the total lot coverage. Accessory structures are also
limited to 25% coverage of the rear yard.
9. A house of worship shall be set back at least 20 feet from a property line abutting a
residential zone or use.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.102 Page 4
Nodal Residential Single- Family (RSN) - Site Development Standards
Table 2.102C
Lot Area,
Minimum
(square
feet)
Standard lot
Interior or cul -de -sac lot
6,000
Corner lot
Single - family dwelling,
child care facility or
group home 2
8,000
Any other use
10,000
Small lot
Interior or cul
-de -sac lot
4, 000 1
Corner lot
5,000
Lot Width,
Minimum
Standard lot
Interior or cul -de -sac lot
50
Corner lot
80
( feet )
Small lot
Interior or cul -de -sac lot
45
Corner lot
60
Lot Depth,
Average
Standard lot
90
(feet)
Small lot
80
Residential Density, Minimum (units per net acre)
7.9
Street
Frontage,
Minimum
Standard lot
Interior or cul -de -sac lot
40
Corner lot
Single - family dwelling,
child care facility or
group home
40
Any other use
50
(feet)
Small lot
Interior lot
40
Corner lot
50
Cul -de -sac lot
30
Front Setback and Setback Abutting a Street, Minimum (feet)
20 3,4
Front Porch Setback, Maximum (feet)
15
Side Setback, Minimum (feet)
5 7
Rear Setback, Average
(feet)
Primary structure
20 5,7
Accessory structure
5
Setback to a Private Access Easement, Minimum (feet)
5
Woodburn Development Ordinance Draft May 13, 2013 Section 2.102 Page 5
Nodal Residential Single - Family (RSN) - Site Development Standards
Table 2.102C
Primary building height 16 feet or less
40
Lot Coverage,
Maximum (percent)
Primary building height more than 16 feet
35
Accessory structure
25 of rear yard 6
Primary structure
35
Building Height,
Features not used for habitation
70
Maximum (feet)
Accessory structure
115
1. Flag lots are not allowed in the RSN zone.
2. Child care facility for 12 or fewer children, group home for five or fewer persons
3. Measured from the Special Setback (Section 3.103.04), if any
4. Inf ll lots between developed lots: average of abutting residential buildings, plus or minus 5
feet, but not less than 10 feet
5. With a maximum deviation of five feet from the setback standard
6. Accessory structures are included in the total lot coverage. Accessory structures are also
limited to 25% coverage of the rear yard.
7. A house of worship shall be set back at least 20 feet from a property line abutting a
residential zone or use.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.102 Page 6
Retirement Community Single- Family Residential (R1S) - Site Development
Standards
Table 2.102D
Lot Area, Minimum (square feet)
3,600 1
Lot Width, Minimum (feet)
50
Lot Depth, Average (feet)
Not specified
Street Frontage, Minimum (feet)
Interior or corner lot
50
Flag lot
24-30
Cul -de -sac lot
40
Front Setback and Setback Abutting a Street, Minimum (feet)
20 3
Side Setback, Minimum (feet)
Primary structure
5 6
Accessory structure
4
5
Rear Setback, Minimum
(feet)
Primary structure
5 6
Accessory structure
5
Setback to a Private Access Easement, Minimum (feet)
5
Lot Coverage, Maximum
(percent)
Primary building height 14 feet or less
40
primary building height more than 14 feet
35
Accessory structure
25 of rear yard s
Building Height, Maximum (feet)
Primary structure
35
Features not used for habitation
70
Accessory structure
15
1. Excluding easements for private streets or driveways (See Section 1.102, Lot area)
2. See Table 3.104A, Flag Lot Access Width
3. Measured from the Special Setback (Section 3.103.04), if any
4. Five feet if located in the rear yard
5. Accessory structures are included in the total lot coverage. Accessory structures are also
limited to 25% coverage of the rear yard.
6. A house of worship shall be set back at least 20 feet from a property line abutting a
residential zone or use.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.102 Page 7
Medium Density Residential (RM) - Site Development Standards
Table 2.102E
Lot Area, Minimum
(square feet)
Single - family
dwelling, child care
facility or group home
Interior, flag or cul -de -sac lot
6,000
Corner lot
2
8,000
Duplex
8,000
Any other use
Not specified
Lot Width, Minimum
(feet)
Interior, flag or cul -de -sac lot
50
Corner lot
80
Lot Depth, Average
(feet)
All lots
90
Street Frontage,
Minimum (feet)
Interior, corner or cul -de -sac lot
40
Flag lot
24-3 0 4
Residential Density
(units per net acre)
Minimum
Single- family dwelling
5.2
Any other use
12.8
Maximum
Multiple - family dwelling
16
Child care facility, group care facility
or nursing home
32 3
Manufactured dwelling park
12
Any other use
Not specified 8
Front Setback and Setback Abutting a Street, Minimum (feet)
20 5
Side Setback,
Minimum (feet)
Primary
structure
Single - family dwelling, duplex, child care
facility or group home
2, 6,7
5
Any other use
Same as rear
Accessory structure
Same as primary
Rear Setback,
Minimum (feet)
Primary
structure
Single- family
dwelling, duplex,
g ' p
child care facility or
group home
Building
height
(feet)
16 or less
24 2,6
more than 16
and less than 28
30 2, 6
28 or more
36 2,6
Any other use except
nonresidential use
abutting DDC, NNC,
CG, IP, SWIR, or IL
zone
Building
height
(feet)
16 or less
24
more than 16
and less than 28
30
28 or more
36
Nonresidential use abutting DDC, NNC, or CG
zone
101
Nonresidential use abutting IP, SWIR, or IL zone
15 9
Accessory structure
5
Setback to a Private Access Easement, Minimum (feet)
5
Woodburn Development Ordinance Draft May 13, 2013 Section 2.102 Page 8
Medium Density Residential (RM) - Site Development Standards
Table 2.102E
Single - family dwelling,
Primary building height
16 feet or less
40
Lot Coverage,
duplex, child care facility or
Maximum
2
group home
Primary building height
35
(percent)
more than 16 feet or less
Any other use
Not specified 8
Primary structure
35
Building Height,
Maximum (feet)
Features not used for habitation
70
Accessory structure
15
1. Excluding easements for private streets or driveways (See Section 1.102, Lot area)
2. Child care facility for 12 or fewer children, group home for five or fewer persons
3. Child care facility for 13 or more children, group home for six or more persons
4. See Table 3.104A, Flag Lot Access Width
5. Measured from the Special Setback (Section 3.103.04), if any
6. Except for flag lots under the option that all setbacks are 12 feet
7. For row houses, there is no side setback along common lot lines.
8. The minimum lot dimensions, maximum density, and maximum lot coverage are determined
by setbacks, off - street parking, and landscaping requirements.
9. A house of worship shall be set back at least 20 feet from a property line abutting a
residential zone or use.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.102 Page 9
Nodal Medium Density Residential (RMN) - Site Development Standards
Table 2.102F
Single - family dwelling,
Interior or cul -de -sac lot
4, 000"
child care facility or group
2
home
Corner lot
5,000
Lot Area
Row house
Interior lot
3, 000 '
Corner or cul -de -sac lot
3,600
Minimum
(square feet)
Duplex
8,000
Multiple - family dwelling, child care facility, group home
87,120 1,3
or nursing home
Any other use
Not specified 7
Single - family dwelling,
Interior or cul -de -sac Lot
45 Z
Z
child care facility or group
home
Corner lot
60
Interior lot
28
Lot Width,
Row house
Corner or cul -de -sac lot
40
Minimum (feet)
Duplex
80
Multiple - family dwelling, child care facility, group home
200 3
or nursing home
Any other use
Not specified 7
Single - family dwelling, child care facility or group home
80 2
or row house
Lot Depth,
Duplex
90
Average (feet)
Multiple - family dwelling, child care facility, group home
200 3
or nursing home
Any other use
Not specified 7
Single - family dwelling,
Interior lot
40
child care facility, group
Corner lot
50
home, or multiple - family
dwelling 2
Cul -de -sac lot
30
Street Frontage,
Minimum (feet)
Row house
Interior lot
28
Corner or cul -de -sac lot
40
Duplex
80
Any other use
200
Woodburn Development Ordinance Draft May 13, 2013 Section 2.102 Page 10
Nodal Medium Density Residential (RMN) - Site Development Standards
Table 2.102F
Single - family dwelling
7.9
Duplex or row houses
10
Minimum
Multiple- family dwelling
19
Residential
Any other use
Not specified 7
Density (units
Multiple - family dwelling
24 7
per net acre)
Child care facility, group care facility
32 3 , 7
Maximum
or nursing home
Manufactured dwelling park
12 7
Any other use
Not specified 7
Single - family dwelling, child care facility or group
20 2,4
home
Abutting an arterial street
204
Front Setback
Setback
Row house
Not abutting an arterial street
10 4
and
Abutting a
Abutting commercial or industrial
20 4
Street,
zone, or collector or arterial street
Not abutting commercial or industrial
10 4
Minimum (feet)
Any other use
zone, or collector or arterial street
Abutting an RS zone
10 plus 5 for
1
story over
Row houses
To front porch
15
Front Setback
Duplex,
Abutting commercial or industrial
Not specified 3
and Setback
multiple - family
zone, or collector or arterial street
Abutting a
dwelling, group
Street,
home or nursing
Not abutting commercial or industrial
15 3
Maximum (feet)
home
zone, or collector or arterial street
Any other use
Not specified
Single- family dwelling, child care facility or group
5 2
home
Row house
15 5
Abutting RS, RM,
16 or less
24
or P /SP zone, or
Building
more than 16
30
Side Setback,
All
an existing single-
height
and less than 28
Minimum (feet)
other
family, duplex, or
(feet)
multi
multiple-family
P Y
28 or more
36
uses
dwelling
Abutting NNC, or CG zone
10 8
Abutting SWIR zone
15
Accessory structure
Same as primary
Woodburn Development Ordinance Draft May 13, 2013 Section 2.102 Page 11
Nodal Medium Density Residential (RMN) - Site Development Standards
Table 2.102F
16 or less
24 2,6
Single - family dwelling,
Building
more than 16 and
2,6
child care facility or
height
less than 28
30
Rear Setback,
group home
(feet)
28 or more
36 2,6
Minimum (feet)
Row houses
20
Any other use
Same as side
Accessory structure
5
Setback to a Private Access Easement, Minimum (feet)
5
Single - family
Primary building height 16 feet or less
402
dwelling,
Lot Coverage,
Maximum
child care
Primary building height more than 16
Z
35
(percent)
facility or
feet or less
group home
Any other use
Not specified 7
Building
Primary structure
45
Height,
Features not used for habitation
70
Maximum (feet)
Accessory structure
15
1. Flag lots are not allowed in the RMN zone.
2. Child care facility for 12 or fewer children, group home for five or fewer persons
3. Child care facility for 13 or more children, group home for six or more persons
4. Measured from the Special Setback (Section 3.103.04), if any
5. For row houses, there is no side setback along common lot lines.
6. With a maximum deviation of five feet from the setback standard
7. The minimum lot dimensions, maximum density, and maximum lot coverage are determined
by setbacks, off - street parking, and landscaping requirements.
8. A house of worship shall be set back at least 20 feet from a property line abutting a
residential zone or use.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.102 Page 12
2.103 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 2.103A)
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.
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 2.203.
5. Specific Conditional Uses (SCU) may be allowed, subject to the general development
standards of this Ordinance, the specific standards of Section 2.204, and conditions of
Conditional Use approval.
Uses Allowed in Commercial Zones
Table 2.103A
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 Draft May 13, 2013 Section 2.103 Page 1
Uses Allowed in Commercial Zones
Table 2.103A
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
P
P
P
P
P
communication lines, stormwater facilities and pump
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 7
P
P
P
4
Bowling, skating, movie and performing arts theaters
P
P
P
5
Building material and garden equipment
P 5
P5
P 5
P 5
6
Business services
P
P
P
P
7
Computer, commercial, electric motor, precision
P 4
P I
P 4
P 4
equipment, industrial and home goods repair.
8
Contractors:
a. Flooring and roofing
b. Equipment and machinery
P 4
P 4
P 6
c. Glass and glazing
d. Masonry, drywall, insulation and tile contractors
e. Other types of contractors
9
Craft industries:
a. Apparel manufacturing
b. Leather manufacturing, furniture and related product
S
S
S
S
S
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
P7
P
S
P
12
Fitness and recreational sports
P
P
P
P
P
13
Funeral home
P
P
P
P
P
14
Hospitals and ancillary uses
CU 3
15
Hotels, motels and bed and breakfast inns
P
P
P
P
16
Office and office services and supplies
P
P
P
P
P
Woodburn Development Ordinance Draft May 13, 2013 Section 2.103 Page 2
Uses Allowed in Commercial Zones
Table 2.103A
Use
Zone
Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P)
DDC
CG
CO
MUV
NNC
Special Permitted Uses (S) Specific Conditional Uses (SCU)
17
Other amusements, including ballrooms
P 1
18
Pawn, check cashing, payday loan and cash transfer
CU 7
P
P
19
Printing, publishing, copying, bonding, finance,
insurance, medical, data processing, social assistance,
P 7
P
P
P
P
legal services, management, and corporate offices
20
Professional services
P
P
P
21
Restaurants and drinking places
P 7
P
P
P
P
22
Retail trade offering goods and services directly to
P 7
P
P
P
customers
23
Spectator sports
P 1
24
Taxidermist
CU 3
25
Veterinary service
CU 3
26
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,
CU 1
storage of farm products, furniture, other household
goods, or commercial goods
5
Motor vehicle towing
CU 3
6
Parking lots and garages
P
P
P
P
7
Recreational vehicle park
CU 1
D
Miscellaneous
1
Facilities during construction
S
S
S
S
S
Woodburn Development Ordinance Draft May 13, 2013 Section 2.103 Page 3
Woodburn Development Ordinance Draft May 13, 2013 Section 2.103 Page 4
Uses Allowed in Commercial Zones
Table 2.103A
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
Fence or free - standing wall
A
A
A
A
A
3
Temporary outdoor marketing and special event:
a. Arts and crafts
b. Food and beverages, including mobile food services
c. Seasonal sales of fireworks, Christmas trees,
produce or plant materials
d. Amusement rides and games
S
S
S
S
S
e. Entertainment
f. Any other merchandise or service which is neither
accessory to a primary, permanent use of the
property nor marketed by employees of that
permanent use
E
Residential
1
Attached single - family (row houses) dwellings
P
P Z
P
P
2
Child care facility, group home, and nursing home
P 8
P 8
P 8
P 8
P 8
3
One dwelling unit, in conjunction with a commercial use
P
P
P
P
P
4
Multiple - family dwellings
P
P
CU
P
P
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
Woodburn Development Ordinance Draft May 13, 2013 Section 2.103 Page 4
C. Development Standards (Tables 2.103B -F)
Downtown Development and Conservation (DDC) - Site Development
Standards
Table 2.103B
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)
Zero I
Front Setback and Setback Abutting a Street, Maximum (feet)
10 1
Side or Rear Setback, Minimum (feet)
No minimum
Setback to a Private Access Easement, Minimum (feet)
No minimum
Lot Coverage, Maximum
Not specified Z
Residential
Density
Minimum
Row house
12
Child care facility, group home, or nursing home 3
12
Multi- family dwelling
No minimum
(units per
net acre)
Maximum
Row house
16
Child care facility, group home, or nursing home 3
32
Multi- family dwelling
No maximum
Building Height,
Maximum (feet)
Primary or accessory
structure
Outside Gateway subarea
35
Gateway subarea
40
1. This is a guideline, not a standard. A setback of up to 10 feet is permitted when occupied by
pedestrian amenities (e.g., plaza, outdoor seating).
2. Lot coverage is limited by setbacks, off - street parking, and landscaping requirements.
3. Child care facility for 13 or more children, group home for six or more persons
4. A house of worship shall be set back at least 20 feet from a property line abutting a
residential zone or use.
Commercial General (CG) - Site Development Standards
Table 2.103C
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
Woodburn Development Ordinance Draft May 13, 2013 Section 2.103 Page 5
Commercial General (CG) - Site Development Standards
Table 2.103C
Front Setback and Setback Abutting a Street, Minimum (feet)
5 I
Side or Rear Setback,
Minimum (feet)
Abutting RS, RIS, or RM zone
10 1
Abutting CO, CG, DDC, NNC, P /SP, IP, SWIR, or
IL zone
0 or 5 4,5
Setback to a Private Access Easement, Minimum (feet)
5
Lot Coverage, Maximum
Not specified 2
Row house
12
Minimum
Child care facility, group home, or
nursing home
12
Multi- family
Stand -alone
12
In mixed use development
No minimum
Residential Density
dwelling
Row house
24
(units per net acre)
Maximum
Child care facility, group home, or
nursing home
32
Multi- family
Stand -alone
32
In mixed use development
32
dwelling
Primary or
Outside Gateway subarea
70
Western Gateway subarea
50
Building Height,
accessory
Maximum (feet)
structure
Eastern Gateway subarea
40
Features not used for habitation
1100
1. Measured from the Special Setback (Section 3.103.10), if any
2. Lot coverage is limited by setbacks, off - street parking, and landscaping requirements.
3. Only allowed in the Gateway Overlay District
4. A house of worship shall be set back at least 20 feet from a property line abutting a
residential zone or use.
5. A building may be constructed at the property line, or shall be set back at least five feet.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.103 Page 6
Figure 2.103A - Building Height Limits in the Gateway Subarea
Commercial Office (CO) - Site Development Standards
Table 2.103D
Lot Area, Minimum
(square feet)
Nonresidential use
No minimum
Residential use
Per Table 2.102E 1
Lot Width, Minimum
(feet)
Nonresidential use
No minimum
Residential use
Per Table 2.102E 1
Lot Depth, Average
(feet)
Nonresidential use
No minimum
Residential use
Per Table 2.102E I
Street Frontage,
Minimum (feet)
Any use
No minimum
Front Setback and Setback Abutting a Street, Minimum (feet)
15 Z
Side or Rear Setback,
Minimum (feet)
By -right use,
group home, or
government
building
Abutting RS, RIS, RM,
P /SP, or CO zone
10 4,5
Abutting DDC, NNC, CG,
IP, SWIR, or IL zone
15 4,5
Conditional use except group home or
government building
Per Table 2.102E
Setback to a Private Access Easement, Minimum (feet)
5
Lot Coverage, Maximum
Not specified 3
Woodburn Development Ordinance Draft May 13, 2013 Section 2.103 Page 7
Commercial Office (CO) - Site Development Standards
Table 2.103D
Nonresidential use
No minimum
Child care facility, group home, or nursing
home
12 4
Residential
Minimum
No minimum
Residential use
Multi- family
dwelling
Stand -alone
12
In mixed use development
No minimum
Density (units
per net acre)
Street Frontage,
Minimum (feet)
Child care facility, group home, or nursing
home
32 4
Front Setback and Setback Abutting a Street, Minimum (feet)
Maximum
Side or Rear Setback,
Minimum (feet)
By -right use,
group home, or
government
building
Multi- family
Stand -alone
No maximum
In mixed use development
32
dwelling
Building Height,
Primary or accessory structure
35
Features not used for habitation
70
Maximum (feet)
1. Site development standards for the RM zone
2. Measured from the Special Setback (Section 3.103.10), if any
3. Lot coverage is limited by setbacks, off - street parking, and landscaping requirements.
4. Child care facility for 13 or more children, group home for six or more persons
5. A house of worship shall be set back at least 20 feet from a property line abutting a
residential zone or use.
Mixed Use Village (MUV) - Site Development Standards
Table 2.103E
Lot Area, Minimum
(square feet)
Nonresidential use
No minimum
Residential use
Per Table 2.102E
Lot Width, Minimum
(feet)
Nonresidential use
No minimum
Residential use
Per Table 2.102E 1
Lot Depth, Average
(feet)
Nonresidential use
No minimum
Residential use
Per Table 2.102E 1
Street Frontage,
Minimum (feet)
Any use
No minimum
Front Setback and Setback Abutting a Street, Minimum (feet)
0 — 15 recommended 2
Side or Rear Setback,
Minimum (feet)
By -right use,
group home, or
government
building
Abutting RS, RIS, RM,
P /SP, or CO zone
101
Abutting DDC, NNC, CG,
IP, SWIR, or IL zone
15 4
Woodburn Development Ordinance Draft May 13, 2013 Section 2.103 Page 8
Nodal Neighborhood Commercial (NNQ - Site Development Standards
Table 2.103F
Conditional use except group home or
government building
Per Table 2.102E 1
Setback to a Private Access Easement, Minimum (feet)
5
Lot Coverage, Maximum (percent)
Not specified 3
Street Frontage, Minimum (feet)
No minimum
Row house
12
Residential Density
Minimum
Child care facility, group home,
or nursing home
12
Multi- family
dwelling
g
Stand -alone
12
art of mixed use
development
No minimum
Row house
32
(units per net acre)
Maximum
Child care facility, group home,
or nursing home
32
Multi- family
dwelling
Stand -alone
32
Part of mixed use
development
32
Building Height,
Primary or accessory structure
35
Features not used for habitation
70
Maximum (feet)
1. Site development standards for the RM zone
2. Measured from the Special Setback (Section 3.103.10), if any
3. Lot coverage is limited by setbacks, off - street parking, and landscaping requirements.
4. A house of worship shall be set back at least 20 feet from a property line abutting a
residential zone or use.
Nodal Neighborhood Commercial (NNQ - Site Development Standards
Table 2.103F
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)
Zero
Front Setback and Setback Abutting a Street, Maximum (feet)
10 1
Side or Rear Setback, Minimum (feet)
No minimum 3
Setback to a Private Access Easement, Minimum (feet)
No minimum
Lot Coverage, Maximum
Not specified 2
Woodburn Development Ordinance Draft May 13, 2013 Section 2.103 Page 9
Nodal Neighborhood Commercial (NNQ - Site Development Standards
Table 2.103F
Row house
20
Residential
Minimum
Child care facility, group home, or nursing home
12
Multi - family dwelling
19
Density
(units per
Row house
No maximum
net acre)
Maximum
Child care facility, group home, or nursing home
32
Multi- family dwelling
No maximum
Building Height,
Maximum (feet)
Primary or accessory structure
45
1. This is a guideline, not a standard.
2. Lot coverage is limited by setbacks, off - street parking, and landscaping requirements.
3. A house of worship shall be set back at least 20 feet from a property line abutting a
residential zone or use.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.103 Page 10
2.104 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 a park-
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 high technology and
research development activities;
B. Approval Types (Table 2.104A)
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 2.203.
5. Specific Conditional Uses (SCU) may be allowed, subject to the general development
standards of this Ordinance, the specific standards of Section 2.204, and conditions of
Conditional Use approval.
Uses Allowed in Industrial Zones
Table 2.104A
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
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,
government and public utility buildings and storage yards
p
p
CU
P
Woodburn Development Ordinance Draft May 13, 2013 Section 2.104 Page 1
Uses Allowed in Industrial Zones
Table 2.104A
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
P
B
Commercial Retail and Services
1
Ambulance service
P
P
2
Automotive maintenance and gasoline stations, including repair
P
P
services
3
Business services
P
P
4
Contractors:
a. Flooring and roofing
b. Equipment and machinery
c. Glass and glazing
P
P
d. Masonry, drywall, insulation and tile contractors
e. 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
8
Restaurants and drinking places
P
P
P
C
Industrial
1
Auction houses, except livestock and poultry sales
Cu
2
Automotive wrecking yards
Cu
3
Charter buses, special needs transportation, transit system,
school transportation, limousine service and taxi service
P
P
4
Chemical manufacturing and recycling
Cu
Cu
5
Commercial and industrial equipment repair, transit and ground
p
Cu
transportation
Woodburn Development Ordinance Draft May 13, 2013 Section 2.104 Page 2
Uses Allowed in Industrial Zones
Table 2.104A
Use
Zone
Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P)
IL
IP
P /SP
SWIR
Special Permitted Uses (S) Specific Conditional Uses (SCU)
6
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
7
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 apparatus,
CU
P
fabricated structural metal products, metal forgings, metal
stampings, and metal and wire products
8
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
P
P
P
tractors; metalworking machinery; special industry machinery;
general industrial machinery; computer and peripheral
equipment and office machinery; and refrigeration and service
industry machinery
8
Heavy equipment and motor vehicle sales:
a. Manufactured home dealers
b. Motor vehicle and parts dealers, including new cars, used
cars, recreational vehicles, motorcycles, boats, parts and tire
dealers
S
S
c. Truck dealers, including new trucks, used trucks, parts and
tire dealers
d. Tractor and farm machinery and equipment dealers
e. Farm, garden and landscaping supplies
9
Manufacturing:
a. Beverage, food and tobacco
b. Furniture and related products
c. Leather and allied products
P
P
d. Paper, limited to assembly
e. Miscellaneous manufacturing
f Plastics and rubber
g. Textile products
Woodburn Development Ordinance Draft May 13, 2013 Section 2.104 Page 3
Uses Allowed in Industrial Zones
Table 2.104A
Use
Zone
Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P)
IL
IP
P /SP
SWIR
Special Permitted Uses (S) Specific Conditional Uses (SCU)
10
Motor freight transportation and warehousing, including local or
long- distance trucking or transfer services, storage of farm
p
CU
P
products, furniture and other household goods, and commercial
goods
11
Non- depository credit institutions engaged in extending credit
P
P
in the form of loans, but not engaged in deposit banking
12
Paper manufacturing
CU
13
Parking lots and garages
P
P
14
Petroleum and coal products manufacturing with all storage
CU
underground
15
Printing, publishing, and allied industries
p
p
p
16
Professional services
P
P
17
Stone, clay, glass, and concrete products including
manufacturing flat glass, other glass products, cement, structural
clay products, pottery, concrete and gypsum products, cut stone,
P
P
abrasive and asbestos products, and other products from
materials taken principally from the earth in the form of stone,
clay, and sand
18
Telecommunication facilities subject to Section 2.204.03
SCU
SCU
SCU
19
Wholesale trade in durable and non - durable goods
P
P
P
20
Wood product manufacturing
P
CU
D
Miscellaneous
I
Facilities during construction
S
S
S
S
2
Fence or free - standing wall
A
A
A
A
Woodburn Development Ordinance Draft May 13, 2013 Section 2.104 Page 4
Uses Allowed in Industrial Zones
Table 2.104A
Use
Zone
Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P)
IL
IP
P /SP
SWIR
Special Permitted Uses (S) Specific Conditional Uses (SCU)
lo
Side or Rear Setback,
Minimum (feet)
Abutting P /SP zone or a residential zone or use
30
3
Temporary outdoor marketing and special event:
Setback to a private access easement, Minimum (feet)
5
Lot Coverage, Maximum
Not specified 3
Building Height,
Maximum (feet)
a. Arts and crafts
70
Features not used for habitation
100
1. Measured from the Special Setback (Section 3.103.10), if any.
2. A building may be constructed at the property line, or shall be set back at least five feet.
3. Lot coverage is limited by setbacks, off - street parking, and landscaping requirements.
b. Food and beverages, including mobile food services
c. Seasonal sales of fireworks, Christmas trees, produce or
plant materials
S
S
S
S
d. Amusement rides and games
e. Entertainment
f. Any other merchandise or service which is neither accessory
to a primary, permanent use of the property, nor marketed by
employees of that permanent use
E
Residential
1
One dwelling unit in conjunction with an industrial use
P
P
P
P
C. Development Standards (Tables 2.104B -E)
Light Industrial (IL) - Site Development Standards
Table 2.104B
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)
lo
Side or Rear Setback,
Minimum (feet)
Abutting P /SP zone or a residential zone or use
30
Abutting a commercial or industrial zone
0 or 5 Z
Setback to a private access easement, Minimum (feet)
5
Lot Coverage, Maximum
Not specified 3
Building Height,
Maximum (feet)
Primary or accessory structure
70
Features not used for habitation
100
1. Measured from the Special Setback (Section 3.103.10), if any.
2. A building may be constructed at the property line, or shall be set back at least five feet.
3. Lot coverage is limited by setbacks, off - street parking, and landscaping requirements.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.104 Page 5
Industrial Park (IP) - Site Development Standards
Table 2.104C
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)
10 1
Side or Rear
Abutting P /SP zone or a residential zone or use
30
Setback,
Minimum (feet)
Abutting a commercial or industrial zone
a
0 or 5
Setback to a Private Access Easement, Minimum (feet)
5
Lot Coverage, Maximum
Not specified 3
Building Height,
Maximum (feet)
Primary or accessory structure
45
Features not used for habitation
70
1. Measured from the Special Setback (Section 3.103.10), if any.
2. A building may be constructed at the property line, or shall be set back at least five feet.
P. Lot coverage is limited by setbacks, off - street parking, and landscaping requirements.
Public /Semi - Public (P /SP) - Site Development Standards
Table 2.104D
Lot Area, Minimum
No minimum
Lot Width, Minimum
No minimum
Lot Depth, Minimum
No minimum
Street Frontage, Minimum
No minimum
Front Setback and Setback Abutting a Street, Minimum (feet)
20 1
Side or Rear
Setback, Minimum
(feet)
Abutting P /SP zone or a residential zone or use
20
Abutting a commercial or industrial zone
0 or 5 a
Setback to a Private Access Easement, Minimum (feet)
5
Lot Coverage, Maximum
Not specified 3
Building Height,
Maximum (feet)
Primary or accessory
structure
Outside Gateway subarea
35
Gateway subarea
50
Features not used for habitation
No minimum
1. Measured from the Special Setback (Section 3.103.10), if any.
2. A building may be constructed at the property line, or shall be set back at least five feet.
3. Lot coverage is limited by setbacks, off - street parking, and landscaping requirements.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.104 Page 6
Southwest Industrial Reserve (SWIR) - Site Development Standards
Table 2.104E
Lot Area, Minimum (square feet)
See Table 2.104F
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)
10 1
Side or Rear Setback,
Minimum (feet)
Abutting P /SP zone or a residential zone or use
30
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,
Maximum (feet)
Primary or accessory structure
45
Features not used for habitation
70
1. Measured from the Special Setback (Section 3.103.10), if any.
2. A building may be constructed at the property line, or shall be set back at least five feet.
3. Lot coverage is limited by setbacks, off - street parking, and landscaping requirements.
Southwest Industrial Reserve (SWIR) - Lot Standards
Table 2.104F
Development
Subarea
Assessor's Tax
Lot Number
Gross
Acres
Buildable
Acres
Required Lot Sizes
(Acres)
Conceptual Lot
Sizes (Acres)
A 1
052W 11003 00
108
88
25 -50
10 -25
10 -25
5 -10
5 -10
2 -5
2 -5
35
15
15
8
8
4
3
B 2
052W1400200
9
22
10 -25
5 -10
15
7
052W1400600
13
C
052W1400700
8
No standard
1,4
D
052W1400800
51
106
50 -100
2550
65
43
052W1400900
43
052 1401000
10
052W1401100
22
E 2
052W1401200
4
4
2 -5
4
F 2,3
052W1301 100
24
96
96
96
052W1401500
59
Woodburn Development Ordinance Draft May 13, 2013 Section 2.104 Page 7
Woodburn Development Ordinance Draft May 13, 2013 Section 2.104 Page 8
Figure 2.104A — SWIR Development Subareas
Southwest Industrial Reserve (SWIR) - Site Development Standards
Table 2.104E
052W 1401600
25
25 -50
35
G 1
052W2300100
50
46
5 -10
8
2 -5
3
1.
Land division is permitted with master plan approval.
2.
Land division is not permitted.
3.
Shall be developed with a use with at least 300 employees.
4.
50 -100 acre lot shall be developed with a use with at least 200 employees.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.104 Page 8
Figure 2.104A — SWIR Development Subareas
2.105 Overlay Districts
There are six land use Overlay Districts within the City. Overlay districts include development
standards for historic preservation, natural resource conservation, traffic generation, etc, which
are in addition to the land use regulations of the underlying zones.
2.105.01
Gateway Commercial General Overlay District
2.105.02
Interchange Management Area Overlay District
2.105.03
Neighborhood Conservation Overlay District
2.105.04
Nodal Overlay Districts
2.105.05
Riparian Corridor and Wetlands Overlay District
2.105.06
Southwest Industrial Reserve
2.105.01 Gateway Commercial General Overlay District
A. Purpose
The Gateway Commercial General Overlay District is the Commercial General (CG) area
immediately adjacent to the downtown. Special use provisions within the Gateway Overlay
District allow multi - family residential development, either as a stand -alone use, or as part of
a vertical mixed -use project. Specific uses are prohibited, while other uses are limited,
allowed only within enclosed buildings or behind masonry walls. Additionally, specific
height limitations apply within this Overlay District. The district allows multi - family
residential to provide more consumers living within an area of commercial development and
to provide 24 -hour a day life in the eastern entrance to the downtown.
B. Applicable Provisions
The Gateway Commercial General Overlay District includes special -use provisions limiting
outside storage and land- intensive uses, while allowing multi - family residential
development, either as a stand -alone use or as part of a vertical mixed use project. The land
use and development standards are contained in this ordinance. The Overlay District is noted
on the Official Zoning Map.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.105 Page 1
2.105.02 Interchange Management Area Overlay District
A. Purpose
The purpose of the Interchange Management Area Overlay District (IMA) is to preserve the
long -term capacity of the I -5 /1-lighway 214 Interchange. Preserving the capacity of the
interchange is essential for the City's future. Continued access to I -5 is critical for existing
businesses and for attracting new businesses and development to the community.
The IMA complements the provisions of the Southwest Industrial Reserve (SWIR) Zoning
District by ensuring that industrial land is retained for the development envisioned in the
Woodburn Comprehensive Plan. The IMA also ensures that needed industrial, commercial
and residential lands within the IMA are protected from incompatible development
generating excessive vehicle trips.
The vehicle trip budget (Table 2.105A) identifies by parcel the maximum amount of peak
hour trips for each parcel within the IMA and is intended to be high enough to accommodate
peak hour trips anticipated by the Woodburn Comprehensive Plan and the Transportation
Systems Plan (TSP), but low enough to restrict unplanned vehicle trips that could adversely
affect the I -5 /Hwy 214 Interchange.
B. Applicability
The provisions of this Section apply to all Type II — V land use applications that propose to
allow development that will generate more than 20 peak hour vehicle trips (based on the
latest Institute of Transportation Engineers Trip Generation Manual) on parcels identified in
Woodburn Development Ordinance Draft May 13, 2013 Section 2.105 Page 2
Figure 2.105A — Gateway Commercial General Overlay District
Table 2.105A. The provisions of this Section apply to all properties within the boundary of
the IMA.
C. Vehicle Trip Budgets
This Section establishes a total peak hour trip generation budget for planned employment
(commercial and industrial) land uses within the IMA.
1. The IMA trip budget for vacant commercial and industrial parcels identified in Table
2.105A is 2,500 peak hour vehicle trips. An estimated 1,500 additional peak hour
residential trips are planned within the IMA. The IMA vehicle trip budget is allocated
to parcels identified in Table 2.105A on a first- developed, first - served basis.
2. Parcel budgets are based on 11 peak hour trips per developed industrial acre, and 33
peak hour trips per developed commercial acre.
The parcel budget for each parcel will be reduced in proportion to actual peak hour
vehicle trips generated by new development on any portion of the parcel.
4. The City may allow development that exceeds the parcel budget for any parcel in
accordance with this Section.
Figure 2.10513 — Interchange Management Area Boundary and Subareas
Woodburn Development Ordinance Draft May 13, 2013 Section 2.105 Page 3
Vehicle Trip Budget by Parcel (Parcel Budget)
Table 2.105A
Assessor's Tax Lot
Comprehensive
Buildable
Maximum Peak
Subarea
Number
Plan Designation
Acres
Hour Vehicle Trips
A
052W1100300
SWIR
88
968
052W14 00200
B
SWIR
22
242
052W 14 00600
C
052WI400700
SWIR
Exempt
Exempt
052W14 00800
052W14 00900
D
SWIR
106
1,199
052W14 01000
052W14 01100
E
052W14 01200
SWIR
4
44
052W 13 01100
F
052W14 01500
SWIR
96
1,056
052W14 01600
G
052W23 00100
SWIR
46
506
H
052W12AC 04301
Commercial
2
66
052W12C 00604
1
33
I
Commercial
052W12C 00605
3
99
052W12C 02300
7
231
J
Commercial
052W12C 02400
2
66
052W12C 02100
7
231
052W12C 02200
6
198
Commercial
052W 13 01600
5
165
K
052W14 02300
6
198
052W14 02000
8
264
L
Commercial
052W 14 02100
5
165
052W13BD 00900
(westerly portion)
M
052W13BD 01500
Nodal Commercial
9
297
052W13BD 01600
052W13BD 01700
052WI3BD 01800
D. Administration
This Section delineates responsibilities of the City and ODOT to monitor and evaluate
vehicle trip generation impacts on the I -5 interchange from development approved under
this Section.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.105 Page 4
1. A Traffic Impact Analysis (TIA) is required for all land use applications subject to the
provisions of this Section. The TIA must meet City and ODOT administrative rule
(OAR Chapter 734, Division 51) requirements and shall include an evaluation and
recommendation of feasible Transportation Demand Management (TDM) measures that
will minimize peak hour vehicle trips generated by the proposed development.
2. For a land use application subject to the provisions of this Section:
a. The City shall not deem the land use application complete unless it includes a TIA
prepared in accordance with TIA Requirements;
b. The City shall provide written notification to ODOT when the application is
deemed complete. This notice shall include an invitation to ODOT to participate in
the City's review process;
c. ODOT shall have at least 20 days to provide written comments to the City,
measured from the date the completion notice was mailed. If ODOT does not
provide written comments during this 20 -day period, the City's decision may be
issued without consideration of ODOT comments.
3. The details of City and ODOT monitoring and coordination responsibilities are found in
the Woodburn — ODOT Intergovernmental Agreement (IGA).
a. The City shall be responsible for maintaining a current ledger documenting the
cumulative peak hour trip generation impact from development approved under this
Section, compared with the IMA trip budget.
b. The City may adjust the ledger based on actual development and employment data,
subject to review and concurrence by ODOT.
c. The City will provide written notification to ODOT when land use applications
approved under this Section, combined with approved building permits, result in
traffic generation estimates that exceed 33% and 67% of the IMA trip budget.
4. This Section recognizes that vehicle trip allocations may become scarce towards the end
of the planning period, as the I -5 Interchange nears capacity. The following rules apply
to allocations of vehicle trips against the IMA trip budget:
a. Vehicle trip allocations are vested at the time of design review approval.
b. Vehicle trips shall not be allocated based solely on approval of a comprehensive
plan amendment or zone change, unless consolidated with a subdivision or design
review application.
c. Vesting of vehicle trip allocations shall expire at the same time as the development
decision expires.
E. Allowed Uses
Uses allowed in the underlying zoning district are allowed, subject to other applicable
provisions of the Woodburn Development Ordinance and this Section.
F. Comprehensive Plan and Zoning Map Amendments
1. The provisions of this Section (2.105.02.1 apply to all Comprehensive Plan Map
amendments within the IMA. This Section does not apply to Zoning Map amendments
Woodburn Development Ordinance Draft May 13, 2013 Section 2.105 Page 5
that result in conformance with the applicable Comprehensive Plan Map designation,
such as Zoning Map amendments that occur when land is annexed to the City.
2. Applications for Comprehensive Plan Map amendments and for Zoning Map
amendments shall determine whether the proposed change will significantly affect a
collector or arterial transportation facility.
3. To ensure that the remaining capacity of the I -5 Interchange is reserved for targeted
employment opportunities and needed housing, this section imposes the following
prohibitions on Comprehensive Plan Map amendments within the IMA:
a. Comprehensive Plan Map amendments that will increase the net commercial land
area within the IMA shall be prohibited.
b. Comprehensive Plan Map amendments that allow land uses that will generate
traffic in excess of the IMA trip budget shall be prohibited.
G. Interchange Capacity Preservation Standards
Land use applications subject to the provisions of this Section shall comply with the
following:
Peak hour vehicle trips generated by the proposed development shall not, in
combination with other approved developments subject to this Section, exceed the IMA
trip budget of 2,500.
2. Peak hour vehicle trips generated by the proposed development shall not exceed the
maximum peak hour vehicle trips specified in Table 2.105A for the subject parcel,
except:
a. Development may be allowed to exceed the maximum, if the development will
contribute substantially to the economic objectives found in the Comprehensive
Plan.
b. Residential development on a parcel zoned Commercial shall be allowed to exceed
the maximum.
3. Transportation Demand Management (TDM) measures shall be required to minimize
peak hour vehicle trips and shall be subject to annual review by the City.
2.105.03 Neighborhood Conservation Overlay District
A. Purpose
The Neighborhood Conservation Overlay District (NCOD) is intended to conserve the visual
character and heritage of Woodburn's oldest and most central neighborhood.
B. Applicability
The NCOD provides the basis for specific architectural design guidelines. The NCOD
architectural guidelines are contained in Section 3.107.04. The guidelines are applicable to
all single - family and duplex dwellings, both existing and proposed.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.105 Page 6
�� ��111111 1 1 ' .■ j
2.105.04 Nodal Overlay Districts
A. Purpose
Development within the Nodal Overlay Districts includes multi - family, attached single
family (row houses) and small -lot single family development, with limited commercial
development and accessible parks. The intent of the overlay districts is to provide
community identity to higher density residential developments within walking distance
(generally one -half mile or less) of the neighborhood commercial center. Nodal
development will be designed with a pedestrian focus, with interconnected streets and
pedestrian walkways, alleys serving garages located at the rear of lots, and with limited
on- street parking.
Nodal Overlay Districts are shown on the Comprehensive Plan Map with zoning applied at
the time of annexation. To ensure that land is efficiently used within the Urban Growth
Boundary (UGB), master plans shall be required for land within Nodal districts.
B. Nodal Single Family Residential (RSN) and Nodal Medium Density Residential (RMN)
Districts
1. Vehicular access directly to a public street is prohibited and alley access to garages
facing the alley is required. Off - street parking, maneuvering and storage is prohibited
within a required front or side setback, or any yard abutting a street.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.105 Page 7
Figure 2.105C — Neighborhood Conservation Overlay District
2. Alleys shall be required for all small lot single - family residential subdivisions. Alleys
shall be dedicated and paved to a minimum width of 20 feet. No parking shall be
allowed within an alley right -of -way.
C
Master Planning Requirement
A master development plan shall be approved by the City Council for the entire area
designated as Nodal Overlay on the Comprehensive Plan Map, prior to annexation of
any property within the Nodal Development Overlay Comprehensive Land Use Plan
map designation. The master plan shall be conceptual and non - binding in nature, but
may be used as a general guide for development within the Nodal Overlay Districts.
2. The required master plan shall show:
a. The location and rights -of -way for existing and planned streets. These streets shall
provide access to all existing and proposed parcels, consistent with the
Transportation System Plan (TSP);
b. The location and size of existing and planned sanitary sewer, storm water and water
facilities, at adequate levels to serve existing and proposed development;
c. The location and area of the Riparian Corridor and Wetlands Overlay District
( RCWOD). Planned streets and public facilities that cannot reasonably avoid the
RCWOD shall be indicated;
d. A development plan for the Nodal Neighborhood Commercial center, neighboring
multi - family areas, and potential parks, including planned pedestrian and bicycle
connections within the Nodal Overlay District as shown on the Transportation
System Plan, and pedestrian and bicycle connections to Southwest Industrial
Reserve areas;
e. A development plan for all residential areas, demonstrating consistency with
applicable nodal design standards.
N
Removal of a Nodal Overlay District
Removal of a Nodal Overlay District from any area or parcel shall require the
following:
a. A revised transportation, housing and commercial land needs analysis, consistent
with the Goal 9, 10 and 12 Rules (OAR Chapter 660, Divisions 8, 9 and 12);
b. A Comprehensive Plan Amendment that demonstrates compliance with all
applicable Statewide Planning Goals, applicable goals and policies of the Marion
County Framework Plan, and applicable goals and policies of the Comprehensive
Plan;
c. A zoning map amendment that demonstrates consistency with the Comprehensive
Plan.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.105 Page 8
2.105.05 Riparian Corridor and Wetlands Overlay District
A. Purpose
The Riparian Corridor and Wetlands Overlay District ( RCWOD) is intended to conserve,
protect and enhance significant riparian corridors, wetlands, and undeveloped floodplains in
keeping with the goals and policies of the Comprehensive Plan. The RCWOD is further
intended to protect and enhance water quality, prevent property damage during floods and
storms, limit development activity in designated areas, protect native plant species, maintain
and enhance fish and wildlife habitats, and conserve scenic and recreational values.
B. Boundaries of the RCWOD
The RCWOD includes:
Locally significant wetlands identified on the Woodburn Wetlands Inventory Map;
b. Riparian corridors extending upland 50 feet from the top of the bank of the main
stem of Senecal Creek and Mill Creek and their tributaries; and
c. The 100 -year floodplain on properties identified as vacant or partly vacant on the
2005 Woodburn Buildable Lands Inventory.
2. Where a significant wetland identified on the Woodburn Wetlands Inventory Map is
located fully or partially within the riparian corridor, the riparian corridor shall extend
50 feet from the upland edge of the wetland.
The approximate boundaries of the RCWOD are shown on the Zoning Map.
C. Permitted Uses
1. Trails
2. Utilities
3. Passive recreation uses and activities
4. Maintenance of existing structures, lawns and gardens
Public facilities
6. Removal of non - native plant species and replacement with native plant species
D. Prohibited Uses and Activities
1. New buildings or structures or impervious surfaces, except for replacement of existing
structures with structures located within the original building footprint
2. Expansion of existing buildings or structures or impervious surfaces
3. Expansion of areas of pre- existing non - native landscaping such as lawn, gardens, etc.
4. Dumping, piling, or disposal of refuse, yard debris, or other material
5. Removal of vegetation except for:
a. Perimeter mowing of a wetland for fire protection purposes;
b. Removal of non - native vegetation and replacement with native plant species;
Woodburn Development Ordinance Draft May 13, 2013 Section 2.105 Page 9
c. Water - related or water - dependent uses, provided they are designed and constructed
to minimize impact on the existing riparian vegetation;
d. Removal of emergent in- channel vegetation that has the potential to cause flooding;
e. Hazardous tree removal.
Grading and the placement of fill except for:
a. Streets, roads and paths that are included in an element of the Comprehensive Plan;
b. Water - related and water - dependent uses, including drainage facilities, water and
sewer facilities, flood control projects, drainage pumps, public paths, access ways,
trails, picnic areas or interpretive and educational displays and overlooks, including
benches and outdoor furniture;
c. Maintenance or replacement of existing public utilities;
d. Erosion or flood control measures that have been approved by the Oregon
Department of State Lands (DSL), the U.S. Army Corps of engineers, or another
state or federal regulatory agency that utilizes bio- engineering methods (rather than
rip rap).
E. Variances
Prohibited uses or activities may only be allowed within the RCWOD with the approval of a
variance.
F. Site Maintenance
1. Any use, sign or structure, and the maintenance thereof, lawfully existing on the date of
adoption of this ordinance, is permitted within the RCWOD. Such use, sign or structure
may continue at a similar level and manner as existed on the date of the adoption of this
ordinance.
2. The maintenance and alteration of pre - existing ornamental landscaping is permitted as
long as no native vegetation is disturbed. Maintenance of lawns, planted vegetation and
landscaping shall be kept to a minimum and not include the spraying of pesticides or
herbicides. Vegetation that is removed shall be replanted with native species.
Maintenance trimming of existing trees shall be kept at a minimum and under no
circumstances can the trimming maintenance be so severe as to compromise the tree's
health, longevity, and resource functions. Vegetation within utility easements shall be
kept in a natural state and replanted when necessary with native plant species.
G. Site Plan
When a use or activity that requires the issuance of a building permit or approval of a land
use application is proposed on a parcel within, or partially within the RCWOD, the property
owner shall submit a site plan to scale showing the location of the top -of -bank, 100 -year
flood elevation, jurisdictional delineation of the wetland boundary approved by the Oregon
Department of State Lands (if applicable), riparian setback, existing vegetation, existing and
proposed site improvements, topography, and other relevant features.
H. Coordination with the Department of State Lands
Woodburn Development Ordinance Draft May 13, 2013 Section 2.105 Page 10
The Oregon Department of State Lands shall be notified in writing of all applications to the
City of Woodburn for development activities, including applications for plan and /or zone
amendments, development or building permits, as well as any development proposals by the
City of Woodburn that may affect any wetlands, creeks or waterways.
2.105.06 Southwest Industrial Reserve
A. Purpose
The Southwest Industrial Reserve (SWIR) is intended to protect suitable industrial sites in
Southwest Woodburn, near Interstate 5, for the exclusive use of targeted industries identified
in the Comprehensive Plan. This broad objective is accomplished by master planning,
retention of large industrial parcels, and restricting non - industrial land uses.
B. Application of the SWIR Zone
Land designated on the Comprehensive Land Use Plan Map as Southwest Industrial Reserve
shall only be zoned SWIR.
C. Dimensional Standards:
The following dimensional standards shall be the minimum requirements for all
development within the SWIR zone:
1. Land divisions may only be approved following approval of a master plan, as required
in this ordinance.
2. Lots in a SWIR zone shall comply with the standards of Table 2.104F. For a land
division, at least one lot shall be sized to meet each of the required lot size ranges listed
in Table 2.104F for each site, except that smaller required lots may be combined to
create larger required lots.
D. Master Planning Requirement
A master development plan shall be approved by the City Council for the entire area
designated SWIR on the Comprehensive Land Use Plan Map, prior to annexation of any
property within the SWIR Comprehensive Plan Map designation. The master plan shall
be conceptual and non - binding in nature, but may be used as a general guide for
development within the SWIR.
2. The required master plan shall show:
a. The location and rights -of -way for existing and planned streets, which shall provide
access to all existing and proposed parcels, consistent with the Transportation
System Plan;
b. The location and size of existing and planned sanitary sewer, storm water and water
facilities, at adequate levels to serve existing and proposed industrial development;
c. The location and area of the Riparian Corridor and Wetlands Overlay District
( RCWOD) as it affects existing and proposed industrial parcels. Planned streets
and public facilities that cannot reasonably avoid the RCWOD shall be indicated;
d. Parcels consistent with the lot sizes indicated in Table 2.10513;
e. Pedestrian and bicycle connections consistent with the TSP.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.105 Page 11
E. Removal of the SWIR Zone
Removal of the SWIR zone from any area or parcel shall require the following:
1. A revised Economic Opportunities Analysis and Industrial Site Suitability Analysis,
consistent with the Goal 9 Rule (OAR Chapter 660, Division 9);
2. A new Statewide Planning Goal 2 Exception that explains why other land within or
adjacent to the UGB, that does not require an exception, cannot meet the purported
need;
3. A Comprehensive Plan Amendment that demonstrates compliance with all applicable
Statewide Planning Goals, applicable goals and policies of the Marion County
Framework Plan, and applicable goals and policies of the Comprehensive Plan;
4. A Zoning Map amendment that demonstrates consistency with the Comprehensive Plan.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.105 Page 12
2.201 Accessory Structures
The purpose of this Section is to set forth the regulations for accessory structures such as fences,
walls, storage buildings, detached garages and gazebos.
2.201.01 Applicability
2.201.02 Fences and Walls
2.201.03 Structures
2.201.01 Applicability
The following standards are applicable to accessory structures in all zones.
2.201.02
Fences and Walls
A. Location and Height Abutting a Street
1. The height shall comply with the vision clearance area standards, Section 3.103.06.
2. The height shall not exceed 42 inches (3'/z feet) above the curb elevation, when located
at the lot line abutting the street. For streets without curbs, the maximum height shall
be measured relative to the elevation of the center line of the improved street.
3. The height may increase one foot for each 6 feet of setback from the lot line abutting
the street.
B. Height in Yards Not Abutting a Street
1. In residential zones, the maximum height of a fence or wall located in a yard not
abutting a street shall be seven feet, relative to the ground elevation under the fence or
wall.
2. In commercial, industrial, or public zones, the maximum height of a fence or wall
located in a yard not abutting a street shall be nine feet, relative to the ground elevation
under the fence or wall.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.201 Page 1
Sidewalk
3% feet` a
f--'l 6 feet rty line 4 %fee g 2 feet
6 feet
18 feet
ri 6% feet T
24 feet
a Y + 7 feet w
Distance from
property line
CL
r r r Maximum
fence height
i
,1 2 0 -0 +- -- Distance from Special Setback, Section 3.103.02 ,
Figure 2.201A — Fence or Wall Height
2.201.03 Structures
A. Attachment to a Primary Building: Accessory structures attached to a primary building shall
be considered as a portion of the primary building and subject to the same requirements as
the primary building.
B. Separation between Accessory Structures: The minimum separation between detached
accessory structures and the primary building shall be six feet.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.201 Page 2
Property lire
Figure 2.201 B — Stepped Fence or Wall
2.202 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.
2.202.01
General Provisions
2.202.02
Boat, Recreational and Vehicle Storage Pad
2.202.03
Common Boat, Recreational and Vehicle Storage Area
2.202.04
Community Club Buildings and Facilities
2.202.05
Craft Industries
2.202.06
Delivery Services
2.202.07
Duplex
2.202.08
Facilities During Construction
2.202.09
Golf Courses
2.202.10
Home Occupations
2.202.11
House of Worship
2.202.12
Industrial Sales
2.202.13
Manufactured Dwelling Park (MDP)
2.202.14
Manufactured Dwelling on a Lot
2.202.15
Mobile Food Services
2.202.16
Residential Sales Office
2.202.17
Temporary Outdoor Marketing and Special Events
2.202.18
Temporary Residential Sales
2.202.01 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.
2.202.02 Boat, Recreational and Vehicle Storage Pad
Where permitted as a special use in conjunction with a single - family dwelling or duplex, the
development of any vehicle, boat, or recreational and vehicle storage pad shall comply with the
Woodburn Development Ordinance Draft May 13, 2013 Section 2.202 Page 1
following use and development standards:
A. Each dwelling unit shall be limited to a storage pad with the capacity to store a total of two
boats, recreational vehicles or these items in combination, in addition to permitted off - street
parking.
B. Permitted off - street parking shall not be used to store vehicles, boats or recreational
vehicles.
C. The storage pad shall be located in either the side or rear yard.
D. The space shall be paved to the standards of this ordinance (Section 3.104.04) and shall be
drained to prevent standing water.
E. The space shall be screened and gated from adjacent property lines and streets (Section
3.106.05).
2.202.03 Common Boat, Recreational and Vehicle Storage Area
A. Applicability
1. When a Boat, Recreational and Vehicle Storage Area is established as a special use, it
shall comply with the following use and development standards.
2. When a Boat, Recreational and Vehicle Storage Area is incorporated in the review of a
residential development, the following criteria shall serve as guidelines.
B. The storage must be operated by either a homeowners' association or a property manager of
the apartment, Manufactured Dwelling Park or residential complex.
C. The storage area is limited exclusively to the storage of the resident's vehicles, boats or
trailers, recreational vehicles, utility trailers and horse trailers.
D. Storage areas and driveways to the storage area shall be paved to the standards of this
ordinance (Section 3.104.04).
E. Outdoor lighting shall be directed away from residential property and public streets.
2.202.04 Community Club Buildings and Facilities
A. Applicability
1. When Community Club Buildings and Facilities are established as a special use, they
shall comply with the following criteria.
2. When Community Club Buildings and Facilities are incorporated in the review of a
development, the following criteria shall serve as guidelines.
B. Criteria
1. Swimming pools, tennis courts, and similar sports courts or fields shall be set back 20
feet from a property line abutting a residential zone or use.
2. No off - street parking or loading area shall be permitted within 10 feet of the side and
rear lot lines.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.202 Page 2
3. Outdoor lighting shall be directed away from residential property and public streets.
2.202.05 Craft Industries
A. Primary uses shall be limited to the following:
1. Apparel manufacturing
2. Other leather manufacturing
3. Furniture and related - product manufacturing
4. Sporting goods manufacturing
5. Doll, toy and game manufacturing
B. The use shall have a retail storefront.
C. Outdoor storage, manufacturing, assembly or staging for shipping is prohibited.
D. Manufacturing and /or assembly shall be limited to either 10,000 square feet, or five or fewer
full -time equivalent employees, whichever is smaller.
E. The craft industry shall be continuously conducted in such a manner as not to create any off -
premise nuisance, including, but not limited to, noise, odors, vibration, fumes, smoke, fire
hazards, or electronic, electrical, or electromagnetic interference.
2.202.06 Delivery Services
A. The use shall be limited to the delivery of packages and the sale or delivery of food and
beverages.
B. The service shall be transacted from a self - contained, mobile unit.
C. In conducting the sales and service, the mobile unit and delivery personnel shall be required
to move to a new location at intervals of 15 minutes or less.
2.202.07 Duplex
A. A duplex shall be located only on a corner lot.
B. The lot shall comply with dimensional requirements of Table 2.10213, 2.102C, 2.102E, or
2.103F.
C. Each dwelling unit shall have pedestrian and vehicular access from different street frontages,
unless otherwise approved by the Director.
2.202.08 Facilities During Construction
A. The use shall be limited to mobile offices, temporary power equipment, temporary housing
for night security personnel, portable toilets, and equipment storage during construction.
B. All temporary facilities necessary for construction shall be removed prior to final
occupancy.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.202 Page 3
2.202.09 Golf Courses
A. Applicability
When a golf course is established as a special use, it shall comply with the following
criteria.
2. When a golf course is incorporated in the review of a residential development, the
following criteria shall serve as guidelines.
B. Criteria
1. Buildings shall comply with the setback requirements of the underlying zone.
Accessory swimming pools, tennis courts, and similar sports courts or fields shall be set
back a minimum of 20 feet from a property line abutting a residential zone or use.
2. No off - street parking or loading area shall be permitted within 10 feet of the side and
rear lot lines.
3. Outdoor lighting shall be directed away from residential property and public streets.
2.202.10 Home Occupations
Home occupations shall be conducted entirely within a dwelling or accessory structure and shall
comply with the following use and development standards:
A. Operations
1. The owner /operator of the home occupation shall reside in the dwelling in which the
home occupation is conducted.
2. No outside employees shall work on -site or use the site as a base of operations that
requires a daily visit to the site of the home occupation for instructions, assignments or
the distribution of tools or other goods.
B. The home occupation shall be continuously conducted in such a manner as not to create any
off - premise nuisance, including, but not limited to, noise, odors, vibration, fumes, smoke,
fire hazards, or electronic, electrical, or electromagnetic interference.
C. The home occupation shall be conducted entirely within a building.
D. The total floor area devoted to the home occupation shall not exceed 500 square feet.
E. Structural alterations shall be permitted, provided the residential character of the building is
not altered.
F. Parking
1. The number of required off - street parking spaces shall not be reduced; however, no
additional parking shall be required.
2. The outdoor parking or storage of vehicles licensed as commercial vehicles or
displaying commercial advertising shall be prohibited on -site.
G. Visits by suppliers or customers shall be limited to the hours of 8:00 a.m. and 8:00 p.m.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.202 Page 4
H. Prohibited Activities
1. Vehicle Repair: Repair of vehicles, including automobiles, motorcycles, tractors and
similar mechanized equipment, shall be prohibited. Repair of vehicles includes, but is
not limited to, mechanical repair, vehicle service, body work, vehicle painting and
vehicle detailing.
2. Retail or Wholesale Sales and Distribution: The retail or wholesale sale or distribution
of a product or goods shall be prohibited. This prohibition shall not apply to the
operation of a business where customers do not come to the site.
The provisions in this section shall not apply to child care providers.
2.202.11 House of Worship
Bus and Van Storage: Storage of buses and vans used by a house of worship shall be permitted
if the vehicles are not parked closer than 20 feet to a property line abutting a residential zone or
use.
2.202.12 Industrial Sales
A. Permitted Uses
The use shall be limited to:
1. Manufactured dwelling dealers
2. Motor vehicle and parts dealers including new car, used car, recreational vehicle,
motorcycle, boat, parts and tire dealers
3. Tractor and farm machinery and equipment dealers
4. Farm, garden and landscaping supplies
B. The site for the use shall be located in an IP zone within 500 feet of Pacific Highway 99E.
C. The use is subject to site plan review and all development standards of the Woodburn
Development Ordinance, including the standard that any area that is not landscaped shall be
paved.
2.202.13 Manufactured Dwelling Park (MDP)
A. Applicability of Design and Improvement Standards
The design and improvement standards of this section are applicable to all
Manufactured Dwelling Parks.
2. All standards established by state statute (ORS 197.307 and ORS Chapter 446) and /or
state administrative rule OAR 918 -600). Deviation from these state standards is
governed by these statutes and rules.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.202 Page 5
3. All Manufactured Dwelling Parks, and manufactured dwellings in those parks,
established prior to the adoption of the Woodburn Development Ordinance (WDO),
have nonconforming status under the WDO.
B. Design and Improvement Standards
1. The minimum site area for a manufactured dwelling park shall be 1.0 acres.
2. The required setback from a perimeter property line shall be 20 feet.
3. The minimum area for each manufactured dwelling space shall be 3,600 square feet.
4. Dimensions of a Park Space
a. Minimum Width: 30 feet.
b. Minimum Length: 40 feet.
5. Each manufactured dwelling space shall have direct unobstructed access to a street.
6. Parking
a. One parallel parking space on an abutting private street may be counted toward the
required off - street parking for a manufactured dwelling.
b. Parking spaces shall comply with this Ordinance (Table 3.105C, Parking Space and
Drive Aisle Dimensions).
c. Driveways shall comply with this Ordinance (Table 3.104A, Access
Requirements).
d. Parking spaces and driveways shall be improved to the standards of this Ordinance
(Section 3.104.04).
7. Storage of boats and recreational vehicles is prohibited, except in a Boat and
Recreational Vehicle Storage Area.
8. Play Area
a. Area Ratio: 100 square feet per manufactured dwelling space, but not less than
2,500 square feet
b. A play area shall not be required for manufactured dwelling parks established prior
to March 13, 1989 as an all -adult park.
9. Park Streets
a. Ownership: Private
b. Connectivity: The park street system shall connect to a public street.
C. Paved Width
1. Without on- street parking, 20 feet.
2. With on- street parking, 30 feet.
d. Sidewalks, Curbs and Drainage: Sidewalks, curbs and drainage for park streets
shall be designed to the local street standards of Section 3.301.
e. Block Length: The block length and the length of cul -de -sac streets shall comply
Woodburn Development Ordinance Draft May 13, 2013 Section 2.202 Page 6
with the standards of Section 3.301.
10. Manufactured Dwelling Design Standards
a. Roof Pitch: Each manufactured dwelling shall have a pitched roof with a slope no
less than a nominal 3 feet in height for each 12 feet in width.
b. Siding and Roofing: Each manufactured dwelling shall have exterior siding and
roofing which in color, material and appearance is similar to the exterior siding
and roofing material commonly used on residential dwellings within the
community or which is comparable to the "predominant materials used in
surrounding dwellings ".
11. Each manufactured dwelling space shall be addressed off a park street.
MDP Separation Matrix
Table 2.202A
Manufactured
Dwelling
Accessory
Building
Accessory
Structure
Perimeter property line
20 feet
20 feet
20 feet
Interior property line
5 feet
5 feet
5 feet
Park street
5 feet
5 feet
5 feet
Park sidewalk
2 feet
2 feet
none
Manufactured dwelling on the same lot
10 feet 1,2
3 feet
none
Manufactured dwelling on an adjacent lot
10 feet
6 feet
6 feet
Buildings on the same property
10 feet
6 feet
6 feet
Accessory buildings on the same lot
3 feet
3 feet
none
Accessory building on an adjacent lot
6 feet
6 feet
6 feet
Accessory structures on the same lot
none
none
none
Accessory structures on an adjacent lot
6 feet
6 feet
6 feet
1. The Building Official may approve reduced setbacks and clearances that are different than
the dimensions in this table with the use of fire- resistant construction, according to the
prescriptive requirements in the Oregon Residential Specialty Code.
2. Additional requirements in OAR 918 -500 -0530 may be applicable.
Note: This table is adapted from Table 11 -2.3, Minimum Setbacks and Fire Separation Inside
Parks, from the Oregon Manufactured Dwelling Installation Specialty Code, 2010 edition.
2.202.14 Manufactured Dwelling on a Lot
A manufactured dwelling located on an individual lot outside of a Manufactured Dwelling Park
shall comply with Architectural and Design Standards (Section 3.107.02 or 3.107.03) with the
following exceptions:
A. The manufactured dwelling shall have been manufactured after June 15, 1976, and exhibit
Woodburn Development Ordinance Draft May 13, 2013 Section 2.202 Page 7
the Oregon Department of Commerce "Insignia of Compliance" that indicates conformance
with Housing and Urban Development (HUD) standards.
B. The manufactured dwelling shall be multi - sectional and enclose a space of not less than
1,000 square feet.
C. The manufactured dwelling shall be placed on an excavated and back - filled foundation and
enclosed at the perimeter such that the manufactured dwelling is located not more than 12
inches above grade.
D. The manufactured dwelling shall be certified by the manufacturer to have an exterior
thermal envelope meeting performance standards equivalent to the performance standards
required of single - family dwellings constructed under the State Building Code, as defined in
ORS Chapter 455.
2.202.15 Mobile Food Service
A. The use shall be limited to the preparation and/or sale of food and beverages from a vehicle
or trailer.
B. Business Operations
1. Shall not be conducted within public rights -of -way
2. Shall be conducted on property with the written consent of the property owner
C. The use shall not block driveways, entrances or parking aisles.
D. The base of operations for mobile food service units shall be inside the industrial zones. Use
of sites in residential zones for the preparation, maintenance, or storage area for mobile food
service units is prohibited.
2.202.16 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.
2.202.17 Temporary Outdoor Marketing and Special Events
A. Permitted Uses
Seasonal sales of fireworks, Christmas trees, produce or plant materials
2. Amusement rides and games
3. Entertainment
Woodburn Development Ordinance Draft May 13, 2013 Section 2.202 Page 8
4. Any other merchandise or service
B. Duration
1. Single events shall be limited to a maximum duration of three consecutive days, with all
goods, temporary facilities and signs removed within 24 hours of closing on the last day
of each event.
2. Recurring events shall be limited to a maximum duration of one day, with all goods,
temporary facilities and signs removed within 24 hours of each event. Events may
reoccur once per week for a maximum of 24 weeks.
3. Seasonal sales shall be limited to two events, with each event not exceeding more than
30 consecutive days.
C. Events shall only be conducted between the hours of 8:00 a.m. and midnight.
D. The use shall not block driveways, entrances or parking aisles.
E. The required parking for all other uses of the property shall not be diminished below that
required by this ordinance (Section 3.105).
F. The use shall conform to all setback standards for the zone.
G. Responsibilities
The event operator:
Shall possess a valid special event permit for each event;
b. Shall be responsible for compliance with use standards, crowd and traffic control,
and for sanitation, including rest rooms, waste disposal, and cleanup.
2. The operator of a special use shall possess valid certification of compliance for all
applicable health, sanitation and safety standards of the City and other applicable
jurisdictions.
H. The temporary outdoor marketing and special 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).
I. Existing businesses with outdoor product display areas are not required to obtain a
Temporary Outdoor Marketing and Special Events permit, but are limited to the following:
Products sold within the primary building;
2. Covering no more than ten percent of the gross square footage of the buildings on the
property;
3. Retaining a minimum of four feet for pedestrian clearance along any adjacent walkway.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.202 Page 9
2.202.18 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 Draft May 13, 2013 Section 2.202 Page 10
2.203 Specific Conditional Uses
The purpose of this Section is to establish additional development standards for specific uses
which are allowed conditionally. These standards are intended to mitigate the impacts of the
particular use when allowed through the Conditional Use process.
2.203.01 General Provisions
2.203.02 Historically and Architecturally Significant Buildings
2.203.03 Telecommunications Facilities
2.203.01 General Provisions
A. Specific conditional uses require conditional use approval that is subject to:
1. The supplementary conditional use approval criteria specified in this section;
2. Additional conditions of development found to be appropriate to mitigate impacts of a
particular use;
3. Development standards of the underlying zone, unless the specific conditions of
approval set higher standards.
B. The specific development standards for each type of conditional use listed in this section are
mandatory. Any deviation from these standards shall comply with criteria for a variance.
C. The provisions of this section shall not apply to those uses allowed outright in a particular
zone.
2.203.02 Historically and Architecturally Significant Buildings
Certain non - residential uses are permitted as specific conditional uses in the RS and RM zones,
in order to preserve historic and architectural resources by allowing an increase in the intensity
of use. The conditional use process is intended to strike a balance between providing the
economic incentive to restore and maintain the resource, and mitigating any negative impacts of
the proposed use on surrounding uses.
A. Criteria for Building Designation
To qualify for designation as a historically or architecturally significant building, the
building shall meet one or more of the following criteria:
1. Be designated on the "National Register of Historic Places" published by the U.S.
Department of Interior, or any other inventory of historic structures acknowledged by
the State Historic Preservation Office;
2. Be designated an architecturally significant building or awarded recognition for
meritorious design by a recognized professional design organization;
3. Be designated in the cultural resource inventory of the Comprehensive Plan as a
Woodburn Development Ordinance Draft May 13, 2013 Section 2.203 Page 1
historically or architecturally significant building.
B. Supplemental Conditional Use Approval Criteria
1. The building is designated historically or architecturally significant, pursuant to this
section;
2. The more intensive use of the building is necessary to maintain and preserve its
continued existence;
3. In addition to the uses permitted in the underlying zoning district, adaptive reuse of the
property may be allowed to a more intensive use. Such adaptive reuse of the property
shall be limited to the uses specified in this section.
4. The scope and intensity of negative impacts associated with the proposed use can be
suitably conditioned to mitigate adverse affects on adjoining uses.
B. Adaptive Reuses Permitted:
1. Additional dwelling units, limited to three dwelling units in an RS zone
2. Retail trade
a. Art gallery
b. Clothing and accessory stores
c. Picture frame shop
3. Professional services
a. Legal services
b. Accounting
c. Architects and engineers
d. Specialized design services
e. Computer system design
f. Management consulting
g. Advertising
4. Management and support services
a. Telephone answering service
5. Health care and social assistance
a. Physician, dentist, and other health practitioner offices
b. Child day care services
c. Other individual and family services
6. Accommodations, limited to two guest rooms
a. Bed - and - breakfast inn
Woodburn Development Ordinance Draft May 13, 2013 Section 2.203 Page 2
C. Development Standards
1. All proposed exterior alterations of the building, additions to the building and addition
of structures on the same site, shall maintain the visible architectural and /or historical
features and design character that identify the building as a designated resource.
2. Adaptive re -use limits on -site employees to a maximum of three.
2.203.03 Telecommunications Facilities
All telecommunication facilities shall be regulated by the provisions of this section of the
Woodburn Development Ordinance (WDO). In the event of any conflict between this and other
sections of the WDO, the most restrictive provisions shall control.
A. Definitions
Aerial: A privately owned and operated antenna for non - commercial uses, subject to height
limitations as specified in the WDO. Aerial includes "amateur radio antennae ", but is not a
"telecommunications facility ".
Ancillary Facilities, Telecommunications: The structure and equipment required for
operation of the telecommunication equipment, including, but not limited to, antenna(e),
repeaters, equipment housing structures, and ventilation and other mechanical equipment.
Antenna(e), Telecommunications: An electrical conductor or group of electrical conductors
that transmit or receive radio waves for commercial uses.
Attachment, Telecommunications: An antenna or other piece of related equipment affixed
to a transmission tower.
Collocated Telecommunications Facilities: The attachment of new or additional
transmission facilities to an existing transmission tower designed for such multiple use.
Exchange Carrier: A provider of telecommunications services.
Guyed Tower, Telecommunications: A transmission tower on which cables (guy wires) are
permanent.
Lattice Tower, Telecommunications: A transmission tower constructed of lateral cross
members.
Monopole, Telecommunications: A transmission tower consisting of a single upright pole
support that does not require guy wires or lateral cross.
Pre - existing Towers and Pre - existing Antenna(e), Telecommunications: Any tower or
antenna for which a building permit has been properly issued, prior to passage of the WDO.
Repeater, Telecommunications: Equipment containing both a receiver and a transmitter;
used to relay radio signals over large distances or to provide signals in an area which would
otherwise be in a shadow.
Shadow, Telecommunications: A geographic area that has less than adequate
telecommunication service coverage.
Telecommunications Facilities: Facilities designed and used for the purpose of transmitting
Woodburn Development Ordinance Draft May 13, 2013 Section 2.203 Page 3
and receiving voice and data signals from various wireless communications devices.
Telecommunications Facilities, New: The installation of new transmission towers. New
attachments are not new facilities.
Tower Footprint, Telecommunications: The area described at the base of a transmission
tower as the perimeter of the transmission tower, including the transmission tower
foundation and any attached or overhanging equipment, attachments, or structural members,
but excluding ancillary facilities and guy wires and anchors.
Tower Pad, Telecommunications: The area that encompasses the tower footprint, ancillary
facilities fencing and screening.
Tower Height, Telecommunications: The vertical distance from the highest point on the
transmission tower to the original grade of the ground directly below.
Transmission Tower, Telecommunications: The structure on which receiving antennae are
located.
B. Standards of Approval
1. All new telecommunications facilities shall be located on a property of sufficient size to
comply with the following:
a. A setback from all property lines to the tower, which is at least two - thirds the tower
height. This standard shall not apply to collocated telecommunications facilities.
b. A tower pad large enough to allow for additional collocated and ancillary facilities.
The tower or towers shall be located centrally on this pad. This standard shall not
apply to antenna(e) attached to existing structures or towers located on rooftops.
c. Protection to adjoining property from the potential impact of tower failure and ice
falling from the tower. A registered structural engineer's analysis shall be
submitted that demonstrates that the site and facility adequately accommodate
measures to mitigate these hazards.
d. Separation from pre- existing towers. Tower separation shall be measured by
following a straight line from the base of the proposed tower to the base of any pre-
existing tower. Minimum separation distances shall be as indicated in Table
2.204A.
Minimum Separation Among Telecommunication Facilities
Table 2.203A
Lattice
Guyed
Monopole 80 or
Monopole less than
Tower
Tower
more feet in height
80 feet in height
Lattice Tower
500 feet
500 feet
150 feet
75 feet
Guyed Tower
500 feet
500 feet
150 feet
75 feet
Monopole 80 or more feet in height
150 feet
150 feet
150 feet
75 feet
Monopole less than 80 feet in height
75 feet
75 feet
75 feet
2. Collocation
a. Before a proposal for a new transmission tower is considered, an applicant shall
Woodburn Development Ordinance Draft May 13, 2013 Section 2.203 Page 4
exhaust all collocation options, including placement of antennae on existing tall
structures and multiple antennae or attachments on a single tower. In cases where
an existing tower is modified or rebuilt to a taller height to allow collocation, such
change may only occur one time per communication tower site and may only occur
when the modification or rebuild request has been initiated by a separate exchange
carrier.
b. New telecommunication facilities shall be constructed so as to accommodate future
collocation, based upon expected demand for transmission towers in the service
area. Towers shall be designed so as to accommodate a minimum expansion of
three two -way antennae for every 40 vertical feet of tower.
c. Replacement of existing pole type structures may be permitted for the purpose of
collocation, provided that there is no change to the type of tower. Setback and
other location criteria of the underlying zone shall still apply.
3. Multiple Attachments on Utility Poles: In conformance with the Telecommunications
Act of 1996, Section 703, a utility shall provide any telecommunications carrier with
nondiscriminatory access to any pole, duct, conduit, or right -of -way owned or
controlled by it, unless there is insufficient capacity, or access cannot be granted for
reasons of safety, reliability, and generally applicable engineering purposes.
4. Height: New telecommunication facilities shall not exceed the height limits established
by the underlying zone.
5. Visual Impact: The applicant shall demonstrate that the tower will have the smallest
practicable visual impact on the environment, considering technical, engineering,
economic and other pertinent factors.
a. The height and mass of the transmission tower shall not exceed that which is
essential for its intended use and public safety, as demonstrated in a report prepared
by a registered structural engineer.
b. Towers 100 feet or less in height shall be painted, in order to best camouflage the
tower with regard to compatibility with surrounding objects and colors. Unless
towers are otherwise disguised or collocated, towers shall be camouflaged as trees
whenever structurally possible.
c. Towers more than 100 feet in height shall be painted in accordance with the Oregon
State Aeronautics Division and Federal Aviation Administration standards, unless
an appropriate waiver is obtained. Where a waiver has been granted, towers shall
be painted and /or camouflaged in accordance with Section 2.204.03.A.5.b.
6. Accessory Uses: Accessory uses shall include only buildings and facilities that are
necessary for transmission functions and associated satellite ground stations, and shall
not include broadcast studios (except emergency broadcast), offices, vehicular storage
areas, or other similar uses not necessary for the transmission or relay functions. No
unenclosed storage of materials is allowed.
7. Lighting: No lighting shall be permitted on transmission towers, except that required by
the Oregon State Aeronautics Division or Federal Aviation Administration. This
standard shall not prevent shared use or replacement of an existing light pole. For
Woodburn Development Ordinance Draft May 13, 2013 Section 2.203 Page 5
collocation on existing or replaced light poles the transmission tower shall have no net
increase to the spread, intensity or direction of the existing light source.
8. Noise: Noise generated by equipment shall be sound - buffered by means of baffling,
barriers, or other suitable means, to reduce the sound level measured at the property line
to 30 dBA when adjacent to residential uses and 45 dBA in other areas.
9. Fences and Landscaping:
a. The tower(s) and ancillary facilities shall be enclosed by a six foot fence meeting
the requirement of the WDO. Chain link fences, when allowed, shall have a green
vinyl coating. Where a six foot fence in sound condition already exists on a side or
sides of the tower pad area, fencing requirements may be waived for that side.
b. Landscaping shall be placed outside of fences and shall consist of fast - growing
vegetation, with a minimum planted height of six feet, placed densely so as to form
a solid hedge.
c. Landscaping and fencing shall be compatible with other nearby landscaping and
fencing.
d. Where antenna(e) or towers and ancillary facilities are to be located on existing
buildings or structures and are secure from public access, landscaping and fencing
may be waived.
10. Signs: One unilluminated sign, not to exceed two square feet in area, which states the
contact name and phone number for emergency purposes shall be provided at the main
entrance to the facility. Signs shall not be placed on towers and antennae.
C. Abandoned Facilities:
1. When the use of a transmission facility is discontinued for a period of six or more
consecutive months, the facility is deemed abandoned. Abandoned facilities shall be
removed by the property owner no later than 90 days from the date of abandonment.
2. Failure to remove an abandoned facility is declared a public nuisance and is subject to
abatement, pursuant to the Woodburn Nuisance Ordinance and all other applicable legal
remedies.
3. Upon written application prior to the expiration of the six month period, the Director
shall grant a six month extension for reuse of the facility. Additional extensions beyond
the first six month extension may be granted by the Director, subject to any conditions
required to bring the project into compliance with current laws and to make it
compatible with surrounding development.
Woodburn Development Ordinance Draft May 13, 2013 Section 2.203 Page 6
3.101 Streets
The purpose of this Section is to provide for safe and efficient streets within the City, and to
implement the Woodburn Comprehensive Plan and the Transportation System Plan (TSP). The
provision of streets is guided by the goals and policies of the Comprehensive Plan, the TSP, and
other sections of the Woodburn Development Ordinance.
3.101.01
Applicability
3.101.02
General Provisions
3.101.03
Improvements Required for Development
3.101.04
Street Cross - Sections
3.101.05
Street Layout
3.101.06
Street Names
3.101.01 Applicability
A. Rights -of -way standards apply to all public streets.
B. Improvement standards apply to all public and private streets, sidewalks and bikeways.
C. Functional standards are identified in the Woodburn TSP.
D. This applies to all development, and is not limited to partitions, subdivisions, multi - family,
commercial or industrial construction, or establishment of a manufactured dwelling or
recreational vehicle park. Construction of a single - family dwelling or placement of a
manufactured dwelling does not, for the purposes of this section, constitute development.
3.101.02 General Provisions
A. No development shall be approved, or access permit issued, unless the internal streets,
boundary streets and connecting streets are constructed to at least the minimum standards set
forth in this section, or are required to be so constructed as a condition of approval.
B. Private streets are prohibited, except in manufactured dwelling parks, pursuant to State
statute (ORS Chapter 446 and OAR 918 -600). All private streets in manufactured dwelling
parks shall comply with the standards of the Woodburn Development Ordinance (WDO)
and State statute.
C. Materials and construction shall comply with specifications of the City of Woodburn.
D. The standards of this section may be modified, subject to approval of an Exception to Street
Right -of -Way and Improvement Requirements.
3.101.03 Improvements Required for Development
A. With development, the Internal, Boundary, and Connecting streets shall be constructed to at
least the minimum standards set forth below.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.101 Page 1
B. Internal Streets
Internal streets shall meet all standards of WDO and the TSP.
C. Boundary Streets
The minimum improvements for a Boundary Street shall be:
1. One paved 11 -foot travel lane in each direction;
2. On- street parking on the side of the street abutting the development, if on- street parking
is indicated in the TSP;
3. Curb on the side of the street abutting the development;
4. Drainage facilities on the side of the street abutting the development;
5. Street trees on the side of the street abutting the development; and
6. A sidewalk on the side of the street abutting the development.
D. Connecting Streets
1. The minimum improvements for a Connecting Street shall be one paved 11 -foot travel
lane in each direction.
2. Connecting streets shall extend from the boundary street of a development, to the
nearest intersection that meets the cross - section and improvement requirements of this
section, or 1,000 feet, whichever is less.
aet
E. When the Director determines that a required improvement of a Boundary or Connecting
Street would not be timely, due to pending development of properties in the immediate
vicinity or improvement of the streets which are identified in the Capital Improvement
Program (CIP), the Director may accept a fee -in -lieu, in the amount equal to the costs of the
required improvement.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.101 Page 2
Figure 3.10 1A — Internal, Boundary, and Connecting Streets
F. When the Director determines that a required improvement of a Boundary or Connecting
Street would not be feasible, due to physical constraints of properties in the immediate
vicinity or an inability to obtain right -of -way dedication, the Director may approve
construction of a partial -width street, to the minimum standards set forth above.
3.101.04 Street Cross - Sections
A. These standards are based on the functional classification of each street as shown in the
Woodburn TSP. The street right -of -way and improvement standards minimize the amount
of pavement and right -of -way required for each street classification, consistent with the
operational needs of each facility, including requirements for pedestrians, bicycles, and
public facilities.
B. All public streets under the jurisdiction of the City of Woodburn shall comply with the
cross - sections depicted in this Section.
For the cross - section illustrated in Figures 3.101 G - K, the street shall have fewer than
1,000 average daily trips (ADT) per day when all future street connections are made.
2. The cross - section illustrated in Figure 3.101G, is optional in infill situations, or where
adjacent streets are similarly constructed. Street trees shall be located in a street tree
easement outside the public right -of -way.
3. For the cross - section illustrated in Figures 3.101H, provisions shall be made to ensure
that emergency response vehicles have adequate access to all properties on the street. A
40 -foot long clear area shall be provided for every two properties along each side of the
street. The clear area may be created with parking restrictions created by adjoining
driveways and location of fire hydrants, or by another method approved by the Director.
4. For the cross - section illustrated in Figure 3.101K, no curb cuts will be permitted along
the street.
Figures 3.101 L -O illustrate one -way and two -way traffic concepts for downtown
streets.
C. For local residential streets which are not identified in the Comprehensive Plan,
rights -of -way and improvements are determined by the Director at the time of development,
based upon the existing and future estimated average daily trips of the development and
surrounding development.
D. Streets designated as Arterials or Collectors in the TSP which are located within the Historic
Settlemier Transportation Corridor do not require bicycle lanes or a center turn lane, unless
the Director determines that a turn lane is warranted for safety reasons. The existing
pavement should be used to the extent possible to preserve the historic corridor.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.101 Page 3
PUBL
UTILII
EASENII
10 0 6'
6'
SIDE LAND BIKE
WALK SCAPE LANE
PUBLIC UTILITY
EASEMENT
14'
12' f 12' CENTER 12' 12'
TRAVEL TRAVEL LEFT TURN TRAVEL TRAVEL
LANE LANE
LANE LANE LANE
74'
-------------
ROW = 100'
Figure 3.101B Major Arterial
61 6' I 6'
SIDE LAND I BIKE
WALK SCAP( LANE
PUBLIC UTILITY
EASEMENT
1' 6' 6' BIKE
SIDE LAND
WALK ISCAPE LANE
(OPTIONAL)
ROW = 72'
PUBLIC UTILITY
EASEMENT
12'
CENTER 12, 6' 1 6'
TRAVEL j LEFT TURN TRAVEL BIKE LAND SIDE
LANE LANE LANE LANE SCAPE i WALK
I
48'
ROW = 74'
Figure 3.10 C — Minor Arterial
Figure 3.101D — Service Collector
PUBLIC UTILITY
EASEMENT
5' 61
BIKE LAND SIDE
LANE SCAPE WALK 5
(OPTIONAL) f
PUBLIC
UTILITY
4SEMENT
6
6' 6' 1 w
BIKE LAND SIDE
LANE SCAPE VIALK
Woodburn Development Ordinance Draft May 13, 2013 Section 3.101 Page 4
12'
12' CENTER
2
TRAVEL LEFT TURN TRAVEL
1
LANE LANE LANE
PUBLIC UTILITY
EASEMENT
5 ?
Figure 3.101E — Access Street / Commercial Street
ry
PUBLIC UTILITY
PUBLIC UTILITY
EASEMENT ji EASEMENT
I .......... ............ , -
5' 6' 12' 12' 12' 6' 5
SIDE LAND TRAVEL CENTER TURN TRAVEL LAND SIDE
WALK $CAPE LANE LANE LANE SCAPE WALK
36'
ROW = 60'
Figure 3.101F — Local Industrial Street
PUBLIC UTILITY
EASEMENT
5' 7'
SIDE LAND 7'
k WALK SCAPE PARKING
10
TRAVEL
LANE
PUBLIC UTILITY
EASEMENT
10, 7' 51
TRAVEL 7' LAND SIDE
LANE PARKING SCAPE I WALK 5 '
Aly
RR)k = 60'
- - ---------
Figure 3.101G — Local Residential Street with Parking Both Sides
Woodburn Development Ordinance Draft May 13, 2013 Section 3.101
Page 5
W 6' 12 12' 6' 6
SIDE LAND 8' TRAVEL TRAVEL 81 LAND SIDE 1 1 5 1
WALK SCAPE PARKING LANE LANE PARKING SCAP WALK
40'
ROW = 66'
PUBLIC UTILITY .. v, `... 1 ) PUBLIC UTILITY
EASEMENT+ EASEMENT
r.....
e s
1 5' 6' 7' 14' 7' 6' 5' 1'
SIDE LAND I PARKING TRAVEL LANE PARKING LAND SIDE
5' WALK SCAPE (QUEING) SCAPE WALK 5
ROW = 52'
Figure 3.101 H — Skinny Street
PUBLIC UTILITY
EASEMENT
5' 1] 5' 4.5' 7' f 11' 11' 4.5' 5'
SIDE LAND PARKING I TRAVEL i TRAVEL LAND SIDE
IWALKISCAPEI LANE LANE ISCAPE WALK
PUBLIC UTILITY
EASEMENT
5' L_— J
Figure 3.1011 — Local Residential Street with Parking One Side
PUBLIC UTILITY
EASEMENT
PUBLIC UTILITY
EASEMENT
Figure 3.101) — Local Residential Street with No Parking
Woodburn Development Ordinance Draft May 13, 2013 Section 3.101 Page 6
SIDE LAND TRAVEL TRAVEL LAND SIDE
WALK SCAPE LANE LANE SCAPE ,WALK
PUBLIC UTILITY
EASEMENT
5' 3' 5' 6' 11 ill 6 1 51 3' 5'
SIDE LAND TRAVEL TRAVEL LAND SIDE
WALK SCAPE LANE LANE JSC�APtEWALK
ROW = 50'
Figure 3.101 — Local Residential Street with Alley Access
PUBLIC UTILITY
EASEMENT
Figure 3.101 — Traffic Concepts for Downtown Streets, One-Way and Two-Way Street
Design
Woodburn Development Ordinance Draft May 13, 2013 S ection 3.101 Page 7
------------ — ------
14 17 12 1 4 ,
SIDEWALK ANGLED PARKING TRAVEL SIDEWALK
LANE
32'
ROW � 60'
Figure 3.101N — One-Way with Angled Parking
Cz:,,
T, 11r11L.!'
IV, , I
Ad
II
1ST ST
12' 3
SIDE PAHKING
10' 10' 6 12
TRAVEL TRAVEL PARKING SIDE
WALK
LANE LANE WALK
36
ROW . 60*
Figure 3.1010
— Two-Way with Parallel Parking
Woodburn Development Ordinance
Draft May 13, 2013 S ection 3.101 Page 8
PLAZA
M -
AYORS At FY
-------
9
I Fd a 9
------------ — ------
14 17 12 1 4 ,
SIDEWALK ANGLED PARKING TRAVEL SIDEWALK
LANE
32'
ROW � 60'
Figure 3.101N — One-Way with Angled Parking
Cz:,,
T, 11r11L.!'
IV, , I
Ad
12' 3
SIDE PAHKING
10' 10' 6 12
TRAVEL TRAVEL PARKING SIDE
WALK
LANE LANE WALK
36
ROW . 60*
Figure 3.1010
— Two-Way with Parallel Parking
Woodburn Development Ordinance
Draft May 13, 2013 S ection 3.101 Page 8
5' 6' 12' 12' 14' 12' 12' 6' 5'
Sidewalk Bike Travel Lane Travel Lane Two -Way Left Travel Lane Travel Lane Bike Sidewalk
Lane Turn Lane Lane
Paved Width = 73'
Total Width = 84'
Figure 3.101P — Pacific Highway 99E
Carl Road to Lincoln Street (MP 30.85 to MP 32.41)
6' 6' 6' 12' 12' 14' 12' 12' 6' 6' 6'
Sidewalk landscape Bike Travel Lane Travel Lane Two -Way Left Travel Lane Travel Lane Bike Landscape Sidewalk
Buffer Lane Turn Lane Lane Buffer
Paved Width = 73'
Minimum Right -of -Way Width = 100'
Figure 3.101 Q — Pacific Highway 99E
Lincoln Street to 600 Feet South of Cleveland Street (MP 32.41 to MP 33.08 * *)
6' 6' 8' 12' 14' 12' 8' 6' 6'
Sidewalk Landscape Buffered Travel Lane Two -Way Left Travel Lane Buffered Landscape Sidewalk
Buffer Bike Lane Turn Lane Bike Lane Buffer
'
Paved Width = 53
r _ I
Minimum Right -of -Way Width = 80'
* One foot of right-of-way outside each sidewalk is needed for operational purposes.
** Transition between five -lane and three -lane roadways to occur between MP 33.08 and MP 33.99.
Figure 3.101 R — Pacific Highway 99E
1,150 Feet South of Cleveland Street to South UGB (MP 33.19 ** to MP 34.07)
Woodburn Development Ordinance Draft May 13, 2013 Section 3.101 Page 9
3.101.05 Street Layout
A. Termination of Streets, Bikeways and Pedestrian Ways
Cul -de -sac Streets
a. The maximum length of a cul -de -sac street shall be 250 feet. Cul -de -sac length
shall be measured along the center line from the nearest right -of -way line of the
nearest intersecting street, to the point of curvature of the cul -de -sac bulb.
b. The minimum radius of a cul -de -sac bulb right -of -way shall be 55 feet.
c. The minimum improved street radius of a cul -de -sac shall be 45 feet plus curb,
planting strip and sidewalk.
d. The Director may require bikeway and pedestrian facilities to connect from one
cul -de -sac to an adjacent cul -de -sac or street, except where the cul -de -sac abuts
developed property, or where the Director determines that there is no need for a
connection.
2. Temporary Dead End Streets
Streets extensions that result in temporary dead end streets, or stub streets, shall:
a. Be extended to the adjoining tract when it is necessary to give access to, or permit,
a future division of adjoining land;
b. Require a barricade at the end of the street to be installed and paid for by the
property owners. It shall not be removed until authorized by the City of
Woodburn.
c. Have an all- weather sign at the temporary street terminus, installed by the property
owners, that states: "This Street is Planned for Future Extension ".
d. Provide either a one foot - reserve strip deeded to the City, or an alternative method
for limiting access approved by the City, at the temporary end of the right -of -way.
3. Continuity of Public Bikeway and Pedestrian Facilities Located Off - Street
Public bikeway and pedestrian facilities, other than those incorporated in a street right -
of -way, shall either:
a. Provide for a continuous system, with each segment originating and terminating
with a connection to a public street, or to a designated activity center; or
b. Provide stubbed facilities that may extend beyond the limits of an approved
development, when such a public facility has been required by the decision - maker.
B. Block Standards
1. Block length shall not be less than 200 feet and not more than 600 feet, except where
street location is precluded by any of the following;
a. Natural topography, wetlands, significant habitat areas or bodies of water, or pre-
existing development;
b. Blocks adjacent to arterial streets, limited- access highways, collectors or railroads;
Woodburn Development Ordinance Draft May 13, 2013 Section 3.101 Page 10
c. Residential blocks in which internal public circulation provides equivalent access.
2. In any block that is longer than 600 feet, as measured from the right -of -way line of the
street to the right -of -way line of the adjacent street, a bikeway/ pedestrian facility shall
be required through and near the middle of the block.
3. On any block longer than 1,200 feet, pathways may be required through the block at
600 foot intervals.
4. In a proposed development, or where redevelopment potential exists and a street
connection is not proposed, one or more bikeway and pedestrian facilities may be
required to connect a cul -de -sac to public streets, to other pathways, or to the project
boundary to allow for future connections.
C. Street Access
Developments comprised of 25 or more dwelling units, including existing units, shall have
at least two means of public street access from a cul -de -sac, dead -end street, or other street.
Those two or more means of public access must be two non - overlapping public street routes
to a major arterial identified in the TSP.
3.101.06 Street Names
A. All public streets and private manufactured dwelling park streets shall be named, after
providing the Woodburn Fire District with an opportunity to review and comment.
B. Public and private manufactured dwelling park streets shall be named as follows:
1. The street name shall not duplicate an existing street name, unless there is reasonable
assurance the named streets will be connected in the future.
2. New streets shall be designated with the same names as existing streets only if they fall
in the same grid line and there are reasonable assurances that the street will connect
with another section of the numbered street.
3. Street names shall not sound like another street name or cause confusion.
4. Street names that are deliberately misspelled, frivolous, or reflect the name of the
developer or family members shall not be allowed.
C. Streets shall be further named with a suffix.
Except as indicated in the Woodburn Transportation System Plan, the following
suffixes designations apply to new streets, as follows:
a. North/South streets shall be designated as a "Street ", with the exception that major
streets classified as an arterial in the Woodburn TSP may be designated as a "Road"
or a "Highway ".
b. East/West streets shall be designated as an "Avenue ", with the exception that major
streets classified as an arterial in the Woodburn TSP may be designated as a "Road"
or "Highway ".
c. A skewed or meandering street shall be named a "Drive ".
Woodburn Development Ordinance Draft May 13, 2013 Section 3.101 Page 11
d. A street less than 1,000 feet in length may be designated as a "Place," "Way," or
"Lane ".
e. A cul -de -sac street with no cross - street shall be designated as a "Court".
f. A continuous loop street that has two intersections with the same street shall be
segmented, in reference to its orientation to the overall North/South, East/West
street grid, so that the each segment of the loop has a unique name.
g. A street that runs in a circle with only one entrance /exit shall be designated as a
"Circle ".
h. A street with a continuously landscaped median shall be designated as a
"Boulevard ".
Woodburn Development Ordinance Draft May 13, 2013 Section 3.101 Page 12
3.102 Utilities and Easements
The purpose of this Section is to ensure that adequate easements for public utilities and drainage
are provided for all developments, to establish standards for street lighting, and to require that
new developments be served with underground utilities.
3.102.01
Public Utility Easements
3.102.02
Creeks and Watercourse Maintenance Easements
3.102.03
Street Lighting
3.102.054
Underground Utilities
3.102.01 Public Utility Easements
A. The Director shall require dedication of specific easements for the construction and
maintenance of municipal water, sewerage and storm drainage facilities located on private
property.
B A five -foot wide public utility easement shall be dedicated along each lot line abutting a
public street.
C. As a condition of approval for development, including property line adjustments, partitions,
subdivisions, design reviews, or Planned Unit Developments (PUDs), the Director may
require dedication of public utility easements.
3.102.02 Creeks and Watercourse Maintenance Easements
A. Public improvement and maintenance easements shall be dedicated along all creeks and
other water courses. On streams and waterways where development is regulated, based on
Federal Emergency Management Administration (FEMA) flood hazard delineation, the
minimum width shall be adequate to accommodate the 100 -year floodway.
B. On other open channel water courses, such easements shall, at a minimum, extend from the
top of one bank to the top of the other bank. These easements shall include an additional 20
feet in width at the top of the bank along the entire length, on one side of the open channel.
C. On all piped systems, the easement shall be a minimum of sixteen feet in width. Wider
easements may be required by the Director, when needed to accommodate the installation
of, or access to, larger and /or deeper pipes.
3.102.03 Street Lighting
A. Public Streets
Public streets abutting a development shall be illuminated with street lights installed to the
standards of the City and the electric utility.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.102 Page 1
B. Manufactured Dwelling Park Private Streets
The full length of private streets and walkways in manufactured dwelling parks shall be
illuminated with lighting designed to average 0.25 horizontal foot - candles.
3.102.04 Underground Utilities
All permanent utility service to and within a development shall be underground, except where
overhead high - voltage (35,000 volts or more) electric facilities exist.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.102 Page 2
3.103 Setbacks and Open Space
The purpose of this section is to identify the requirements for setbacks, open space and vision
clearance requirements. Setbacks and open space provide for adequate air movement, solar
access, visibility, aesthetics, emergency access, fire separation, recreation, and vision clearance.
3.103.01
Setbacks
3.103.02
Special Setbacks
3.103.03
Projections into the Setback Abutting a Street
3.103.04
Projections into the Side Setback
3.103.05
Projections into the Rear Setback
3.103.06
Vision Clearance Area
3.103.01 Setbacks
A. Setbacks
1. No required setback provided for any building or structure shall be considered as
providing a setback for any other building.
2. No required setback for any building or structure shall be considered as providing lot
coverage for another building, except for a common area not required to be located
within a lot, when owned by a homeowner's association in a Planned Unit Development
(PUD).
B. Setbacks shall be open and unobstructed by buildings or structures from the ground to the
sky, except as may otherwise be permitted in this section and in Accessory Structures
(Section 2.201).
C. No portion of a lot necessary to meet the standards for lot area, width, frontage, setbacks, lot
coverage, open space, or other requirement of this Ordinance shall have more than one
owner, except through a zoning adjustment, or variance.
3.103.02 Special Setbacks
A. Special Setbacks are necessary when the existing street right -of -way is less than the
designated right -of -way in the Woodburn Transportation System Plan. Special Setbacks
ensure that development will conform with setback and vision clearance requirements, after
a full right -of -way has been acquired.
B. Special setback distances shall be measured at right angles to the center line of street
rights -of -way.
C. Where dedicated rights -of -way are less than the Special Setback, the setback abutting a
Woodburn Development Ordinance Draft May 13, 2013 Section 3.103 Page 1
street shall be measured from the Special Setback. All regulations applicable to setbacks
abutting streets and vision clearance areas shall apply to the area between the lot line and the
Special Setback.
Special Setback by Street Classification
Table 3.1.1
Transportation System Plan Classification
Special Setback from Centerline
Major Arterial
50 feet
Minor Arterial
37 feet
Service Collector
36 feet
Access Street /Commercial Street
33 feet
Local Street, 60 -foot right -of -way
30 feet
Local Street, 52 -foot right -of -way
26 feet
Local Street, 50 -foot right -of -way
25 feet
3.103.03 Proiections into the Setback Abutting a Street
A. Chimneys, flues, bay windows, steps, eaves, gutters, sills, pilasters, lintels, cornices, planter
boxes and other ornamental features may not project more than 24 inches into the setback
abutting a street.
B. Covered, unenclosed porches, extending not more than 10 feet beyond the front walls of the
building, shall maintain at least a 10 foot setback from the property line or Special Setback.
C. A balcony, outside stairway or other unenclosed, unroofed projection may not project more
than 10 feet into a front setback.
D. Arbors, archways, pergolas and trellises shall be exempt from the setback abutting a street.
E. Uncovered decks, not more than 18 inches above final grade, shall maintain at least a three
foot setback from the property line or Special Setback.
F. Flag poles shall maintain at least a five foot setback from the property line or Special
Setback.
3.103.04 Proiections into the Side Setback
A. Chimneys, flues, bay windows, steps, eaves, gutters, sills, pilasters, lintels, cornices, planter
boxes and other ornamental features may not project more than 18 inches into a side
setback.
B. Fire escapes, when not prohibited by any other code or ordinance, may not project into a
side setback farther than one -third of the width of the setback, or less than three feet.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.103 Page 2
C. Uncovered decks, not more than 18 inches above final grade, shall maintain at least a three
foot setback from the property line or Special Setback.
3.103.05 Projections into the Rear Setback
A. Chimneys, flues, bay windows, steps, eaves, gutters, sills, pilasters, lintels, cornices, planter
boxes and other ornamental features may project not more than 24 inches into the rear
setback.
B. A balcony, outside stairway or other unenclosed, unroofed projection may not project more
than 10 feet into a rear setback. In no case shall such a projection come closer than 6 feet
from any lot line or Special Setback.
C. Covered, unenclosed porches, extending not more than 10 feet beyond the front walls of the
building, shall maintain at least a 10 foot setback from the property line or Special Setback.
D. Uncovered decks not more than 18 inches above final grade shall maintain at least a three
foot setback from the property line or Special Setback.
E. No permitted projection into a rear setback shall extend within ten feet of the center line of
an alley, or of a rear lot line if no alley exists, or within six feet of an accessory structure.
F. Accessory structures are not considered projections into a rear setback, but have separate
setback requirements listed in this Ordinance (Section 2.201.02).
3.103.06 Vision Clearance Area
A. A vision clearance area (Figures 3.103A and B) is an area at the intersection of two streets, a
street and a driveway, or a street and an alley, in which visual obstructions are limited for
safety purposes.
B. The vision clearance area is formed by a combination of the following lines:
1. At the intersection of two public streets: a line extending 30 feet from the two lot lines
adjacent to a street, and a third line drawn across the corner of the lot that connects the
ends of the lines.
2. At the intersection of a public street and a private street: a line extending 30 feet from
the lot line adjacent to the public street, a line extending 30 feet from the outside edge
of the pavement on private street, and a third line drawn across the corner of the lot that
connects the ends of the lines.
3. Within the DDC zone (Figure 3.10313): a line extending 20 feet from the two curb lines,
and a third line drawn across the corner of the lot that connects the ends of the lines.
4. At the intersection of a public street and an alley: a line extending ten feet from the
intersection along the back of curb, a line extending ten feet from the property line
along the alley and a line drawn across the corner of the lot that connects the ends of the
lines.
5. At the intersection of a public street and a driveway: a line extending ten feet from the
intersection along the back of curb, a line extending ten feet along the side of the
driveway, and a third line drawn across the corner of the lot that connects the ends of
Woodburn Development Ordinance Draft May 13, 2013 Section 3.103 Page 3
the lines.
6. At the intersection of a private street and a driveway: a line extending ten feet from the
outside edge of pavement on the private street, a line extending ten feet along the side
of the driveway, and a third line drawn across the corner of the lot that connects the
ends of the lines.
7. If a street is subject to a Special Setback, the Special Setback shall be used to define the
vision clearance area.
30' 10'
F Y ` 1 n' �•
'��` �
7 -
M
Sidewalk
0
-- Property line
sE
� a
Figure 3.103A — Vision Clearance Area in All Zones Except DDC
Face of curb
20'
N
i
g
Y_
a
Woodburn Development Ordinance Draft May 13, 2013 Section 3.103 Page 4
3.104 Vehicular Access
The purpose of this Section is to establish procedures and standards for granting vehicular access
to public streets. Pedestrian access to public streets and between buildings is required and
specified by the Woodburn Development Code (WDO).
3.104.01
Applicability and Permit
3.104.02
Drive - Throughs
3.104.03
Driveway Guidelines and Standards
3.104.04
Improvement Standards
3.104.05
Traffic Impact Analysis
3.104.01 Applicability and Permit
A. Street Access
Every lot shall have:
1. Direct access to an abutting public street, or
2. Access to a public street by means of an access easement and maintenance agreement to
the satisfaction of the Director, and revocable only with the concurrence of the Director.
B. Access to City Streets
A City access permit shall be required for any new or modified vehicular access to a street
that is under City jurisdiction.
C. Access to County Roads
Access to a road under the jurisdiction of Marion County shall be subject to County
requirements. The Director may incorporate County requirements into the conditions of
approval for any application.
D. Access to State Highways
Access to a transportation facility under the jurisdiction of the Oregon Department of
Transportation (ODOT) shall be subject to State requirements. The Director may
incorporate ODOT requirements into the conditions of approval for any application.
3.104.02 Drive- Throughs
A. Drive - Through Lane Dimensions and Configuration
1. Minimum Lane Width: 12 feet
2. Minimum Lane Length: 50 feet, unobstructed by lateral vehicular access. Precluded
lateral vehicular access shall include the access /maneuvering area for off - street parking
and overlap onto public street right -of -way. The unobstructed length shall be measured
from the drive -up window or stop line, whichever is greater.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.104 Page 1
3. Minimum Turn Radius: 25 feet
B. By -Pass Lane
Drive- throughs shall include a by -pass lane to a site exit with a minimum width of 8 feet.
3.104.03 Driveway Guidelines and Standards
A. Number of Driveways
1. For residential uses, the maximum number of driveways per lot frontage shall be one.
For purposes of controlling driveway access, every 100 feet of frontage is considered a
separate lot frontage.
2. A minimum of two driveways shall be provided in developments with:
a. 30 dwelling units in single- family or duplex dwellings; or
b. 100 dwelling units in multiple - family dwellings (200 if all dwelling units are
equipped with automatic fire sprinklers); or
c. 100 living units in group care facilities or nursing homes (200 if all living units are
equipped with automatic fire sprinklers).
3. For nonresidential uses, the number of driveways should be minimized based on overall
site design, including consideration of
a. The function classification of abutting streets;
b. The on -site access pattern, including parking and circulation, joint access,
turnarounds and building orientation;
c. The access needs of the use in terms of volume, intensity and duration
characteristics of trip generation.
4. Unused driveways shall be closed.
B. Joint Access
Lots that access a Major Arterial, Minor Arterial, or Service Collector should be
accessed via a shared driveway.
2. A partition, subdivision, or PUD should be configured so that lots abutting a Major
Arterial, Minor Arterial, or Service Collector have access to a local street. Access to
lots with multiple street frontages should be from the street with the lowest functional
classification.
3. Every joint driveway or access between separate lots shall be established by an access
easement and maintenance agreement to the satisfaction of the Director and revocable
only with the concurrence of the Director.
C. Interconnected Parking Facilities
1. All uses on a lot shall have common or interconnected off - street parking and circulation
facilities.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.104 Page 2
2. Similar or compatible uses on abutting lots shall have interconnected access and parking
facilities.
Access Requirements
Table 3.104A
1 to 4 Dwelling or
5 or More Dwelling or
Commercial or
Living Units
Living Units, School, or
Industrial Use
House of Worship
Flag Lot Access Width (feet)
20 minimum
24 minimum
30 minimum
(See Figure 3.104A)
1 -way
n/a
12 minimum
12 minimum
20 maximum
20 maximum
24 minimum
24 minimum
Paved Width
20 minimum
30 maximum
36 maximum
of Driveway
3 ' 4
2 -way
30 maximum
(Add 8' if a turn lane is
(Add 8' if a turn
(feet)
provided)
lane is provided)
Manufactured
10 minimum
n/a
n/a
Dwelling Park
Curb Flare Radius (feet)
15 minimum
25 minimum
30 minimum
Major Arterial,
Minor Arterial,
n/a
50 minimum
50 minimum
Throat 5
Length (feet)
Service Collector
Access or Local
n/a
20 minimum
20 minimum
Street
Corner
Access or Local
30 minimum
30 minimum
30 minimum
Clearance
Street
Guidelines
Service Collector
50 minimum
50 minimum
50 minimum
(See Figure
Minor Arterial
245 minimum
245 minimum
245 minimum
3.10413)
Major Arterial
300 minimum
300 minimum
300 minimum
Driveway on the
22 minimum
50 minimum
50 minimum
Driveway
same parcel
Separation
Access or Local
Guidelines
Street
none
none
none
1,2
(feet)
Service Collector
50 minimum
50 minimum
50 minimum
(See Figure
3.10413)
Minor Arterial
245 minimum
245 minimum
245 minimum
Major arterial
300 minimum
300 minimum
300 minimum
Woodburn Development Ordinance Draft May 13, 2013 Section 3.104 Page 3
Access Requirements
Table 3.104A
1 to 4 Dwelling or
5 or More Dwelling or
Commercial or
Living Units
Living Units, School, or
Industrial Use
House of Worship
Turnaround
i
Access to a
'
Major or Minor
Required
Required
Required
Arterial
Turnarounds
Required if the
(See Figure
driveway length
Requirements
3.104C)
Access to any
to the lot located
Requirements per the
per the
other street
furthest from the
Woodburn Fire District
Woodburn Fire
street exceeds 150
District
feet
1. The separation should be maximized.
2. Driveways on abutting lots need not be separated from each other, and may be combined into
a single shared driveway.
3. Driveways over 40 feet long and serving one dwelling unit may have a paved surface 12 feet
wide.
4. Notwithstanding the widths listed in this table, the minimum clearance around a fire hydrant
shall be provided. (See Figure 3.104D)
5. Throat length is measured from the closest off - street parking or loading space to the
right -of -way. A throat applies only at entrances.
Property line -- Access easement
d
d
Figure 3.104A — Flag Lot Access Width
Woodburn Development Ordinance Draft May 13, 2013 Section 3.104 Page 4
Curb flare
Turnaround
i
Paved surfa e
'
Figure 3.104A — Flag Lot Access Width
Woodburn Development Ordinance Draft May 13, 2013 Section 3.104 Page 4
i
I
_ Corner
clearance
Special
Setback
i w
� U
N C
C (y
U
U
I
�
,
go
M ill
0
Property line
i
A
w
i
Sidewalk
Figure 3.104B — Corner Clearance and Driveway Spacing
)C20'
28' radius ' radius
26'
96' Diameter Cul -de -sac 60' "Y"
f a- 60'— ►} +60' —H
20'
r26' ' radius
20'
28' radius
120' hammerhead 20'
Alternative to 120' hammerhead
Figure 3.104C — Acceptable Turnarounds (from Oregon Fire Code Figure D 103.1)
Woodburn Development Ordinance Draft May 13, 2013 Section 3.104 Page 5
2
25' 0 '
20'
20'
Figure 3.104D — Minimum Fire Hydrant Clearance (from Oregon Fire Code Figure D103.1)
3.104.04 Improvement Standards
The portion of a driveway on private property shall be paved with:
A. Portland cement concrete to a minimum depth of six inches, or
B. Asphalt concrete to a minimum depth of two inches, or
C. Brick or pavers with a minimum depth of two and one - fourth inches.
3.104.05 Traffic Impact Analysis
A. A Traffic Impact Analysis (TIA) may be required by the Director prior to the approval of a
City access permit when the Director estimates a development proposal may generate either
100 or more additional, peak hour trips, or 1,000 or more additional daily trips, within ten
years of a development application.
B. A TIA shall evaluate the traffic impacts projected of a development proposal and the
estimated effectiveness of potential traffic impact mitigation measures.
C. The methodology for a TIA shall be consistent with City standards.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.104 Page 6
3.105 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, and enhance the driving public's experience. With appropriate landscaping
and storm water design, parking areas can also mitigate the environmental impacts of
development.
3.105.01
Applicability
3.105.02
General Provisions
3.105.03
Off - Street Parking
3.105.04
Off - Street Loading
3.105.05
Shared Parking
3.105.01 Applicability
The provisions of this Section shall apply to the following types of development:
A. All requirements and standards of Section 3.105 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.
3.105.02 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.
D. Location
1. Off - street parking and loading spaces shall be provided on the same lot as the primary
Woodburn Development Ordinance Draft May 13, 2013 Section 3.105 Page 1
building or use except that:
a. In RS, R1 S or RM zones, parking spaces for non - residential uses permitted in the
zone may be located on another site, if such site is within 250 feet of the lot
containing the primary building, structure or use.
b. In any zone other than RS, R1 S or RM, the parking spaces may be located on an
another site, if such site is within 500 feet of the site containing the primary
building, structure or use.
2. Off - street parking shall be located either in the same zone, in a more intensive zone or
in a zone where parking is allowed as a permitted use, or subject to approval as a
conditional use.
3. In residential districts, off - street parking and storage shall be prohibited within a yard
abutting a street, except within a driveway leading to a garage or carport.
4. In non - residential districts, off - street parking and storage shall be prohibited within a
setback adjacent to a street, except behind a wall. Vehicle parking within the public
right -of -way shall not be eligible for fulfilling any required off - street parking
requirement.
E. Setback
1. In commercial and industrial zones, the parking, loading, and circulation areas shall be
set back from a street a minimum of five feet.
2. Parking, loading, and circulation areas shall be set back from a property line a minimum
of five feet, unless there is a shared use agreement to the satisfaction of the Director,
verifying shared use between the separate properties.
F. All vehicle parking and loading areas shall be paved to the standards of this ordinance
(Section 3.104.04), except that in the IP, IL, SWIR, and P /SP zones, storage areas used for
equipment that may damage pavement may be stored on a gravel- surface storage area. A
gravel storage area shall be constructed to a minimum of surfacing of: six inches of one inch
minus to three inch minus gravel. If three inch minus is used, the top two inches shall be
one inch minus. The property owner shall maintain a gravel storage area to ensure
continued drainage and dust control. A paved access apron to any paved access road is
required, regardless of the storage area surface.
G. All vehicle parking, loading, and storage areas shall be graded and provide storm drainage
facilities approved by the Director.
H. All parking spaces, except those for single- family and duplex dwellings, shall be constructed
with bumper guards or wheel barriers that prevent vehicles from damaging structures,
projecting over walkways so as to leave less than four feet of unobstructed passage, or
projecting over access ways, abutting properties or rights -of -way.
I. Maneuvering areas shall be designed in compliance with this Section (Table 3.105C).
Off - street parking areas shall be designed so that no backing or maneuvering within a public
right -of -way is required. These provisions do not apply to single - family dwellings or
duplexes.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.105 Page 2
J. All uses required to provide 20 or more off - street parking spaces shall have directional
markings or signs to control vehicle movement.
K. Except for single - family and duplex dwellings, off - street parking spaces shall be delineated
by double parallel lines on each side of a space. The total width of the lines shall delineate a
separation of two feet. The lines shall be four inches wide (See Figure 3.105B).
L. For nonresidential uses:
1. Parking and loading areas should be illuminated at an average of 0.2 horizontal
foot - candle at ground level (or 0.5 horizontal foot - candle if the applicant states that
personal security or vandalism is a likely or severe problem), with a maximum
uniformity ratio of 20:1 (maximum to minimum)
2. Entrance areas to the building should be illuminated at an average of 0.5 horizontal
foot - candle at ground level (or 1.0 horizontal foot - candle if the applicant states that
personal security or vandalism is a likely or severe problem), with a maximum
uniformity ratio of 15:1 (maximum to minimum).
3. Illumination shall not shine or reflect onto residentially zoned property or a public
street.
M. Required parking spaces shall be available for parking of operable vehicles of residents,
customers, patrons and employees and shall not be used for the storage of vehicles or
materials or for the parking of fleet vehicles, except for those fleet vehicles:
1. Driven by an employee to the site each work day from home, or
2. Stored during periods other than normal business hours.
3.105.03 Off - Street Parking
A. Number of Required Off - Street Parking Spaces
Off - street vehicle parking spaces shall be provided in amounts not less than those set
forth in this section (Table 3.105A).
2. Off - street vehicle parking spaces shall not exceed two times the amount required in this
section (Table 3.105A).
B. Accessible parking shall be provided in amounts not less than those set forth in Table
3.105B. The number of accessible spaces shall be included as part of total required vehicle
parking spaces.
C. A maximum of 20 percent of the required vehicle parking spaces may be satisfied by
compact vehicle parking spaces.
D. Off - street vehicle parking spaces and drive aisles shall not be smaller than specified in this
section (Table 3.105C).
E. All uses that are required to provide 10 or more off - street parking spaces and residential
structures with four or more dwelling or living units shall provide a bicycle rack within 50
feet of the main building entrance. The number of required rack spaces shall be one space
per ten vehicle parking spaces, with a maximum of 20 rack spaces.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.105 Page 3
F. Garages
For single - family dwellings and duplexes, the parking spaces required by this section
(Table 3.105A) shall be in a garage or garages.
2. For multi - family dwellings, one -half of the parking spaces required by this section
(Table 3.105A) shall be in a garage or garages.
G. Additional design standards apply in the DDC zone (Section 3.107.07.C.12), MUV zone
(Section 3.107.08.K), and NNC zone (Section 3.107.09.13).
Woodburn Development Ordinance Draft May 13, 2013 Section 3.105 Page 4
Off - Street Parking Ratio Standards
Table 3.105A
Use
1,2
Parking Ratio - spaces per activity unit or
square feet of gross floor area
RESIDENTIAL
1.
Dwellings, including manufactured homes
2/ 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)
Woodburn Development Ordinance Draft May 13, 2013 Section 3.105 Page 4
Woodburn Development Ordinance Draft May 13, 2013 Section 3.105 Page 5
Off - Street Parking Ratio Standards
Table 3.105A
Use
1,2
Parking Ratio - spaces per activity unit or
square feet of gross floor area
16.
General repair and service (such as electronic
and precision equipment, leather goods,
1/ 500 square feet
laundry and dry cleaning equipment)
17.
Printing and related support activities
Greater of l/ 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/ employee
21.
Craft industries
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
plus, no reduction from primary zoning for
events
other uses.
25.
Delivery services
One space per delivery vehicle plus one
space per employee per shift.
26.
Mobile Food Service
4
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
1.51 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
Woodburn Development Ordinance Draft May 13, 2013 Section 3.105 Page 5
Off - Street Parking Ratio Standards I
Table 3.105A
Use 1,2 Parking Ratio - spaces per activity unit or
square feet of gross floor area
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 1/ unit of capacity for 4 students
(including dance, driving and language)
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 o£
51.
Stone, clay, glass and concrete products
a. 1/ 800 square feet (0 to 49,999 square
52.
Fabricated metal products, except machinery
feet)
b. 63 plus 1/ 1,000 square feet over 50,000
53.
Electronic and other electrical equipment and
(50,000 to 99,999 square feet)
components, except computer equipment
c. 113 plus 1/ 2,000 square feet over
54.
Transportation equipment
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)
b. 10 plus 1/ 10,000 square feet over
58.
Support activities for rail transportation
50,000 (50,000 to 99,999 square feet)
59.
Wholesale trade — durable goods
c. 15 plus 1/ 15,000 square feet over
60.
Wholesale trade — Non - durable goods
100,000 (100,000 square feet or more)
61.
Recycling centers
or 1/ employee
62.
Agricultural practices
Exempt from the parking requirements
63.
Telecommunication facilities
64.
Transit ground transportation
1 transit vehicle space per transit vehicle
plus I/ employee
65.
Freight transportation arrangement
l/ employee
66.
Self storage
1/ 6 storage units, maximum of 6 spaces
Woodburn Development Ordinance Draft May 13, 2013 Section 3.105 Page 6
Off - Street Parking Ratio Standards
Table 3.105A
Use Parking Ratio - spaces per activity unit or
square feet of gross floor area
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 for non - residential uses and residential units above first
floor commercial use in the DDC zone (See S ection 3.107.07.C.12).
Accessible Parking Ratio Standards
Table 3.105B
Total Spaces 2'3
Minimum Total
Accessible Spaces I
Minimum Van
Accessible Spaces
Minimum "Wheelchair
User Only" Spaces
1 to 25
1
1
26 to 50
2
1
51 to 75
3
1
76 to 100
4
1
101 to 150
5
1
151 to 200
6
1
201 to 300
7
1
301 to 400
8
1
401 to 500
9
2
501 to 1000
2% of total
1 in every 8 accessible
spaces or portion thereof
1001 or more
20 plus 1 for each 100
spaces over 1000
1. "Van Accessible Spaces" and "Wheelchair User Only" are included in "Total Accessible
Spaces."
2. Facilities providing outpatient services require ten percent of the total number of parking
spaces to be accessible spaces.
3. Facilities that specialize in treatment or services for persons with mobility impairments
require 20 percent of the total number of parking spaces to be accessible spaces.
Parking Space and Drive Aisle Dimensions
Table 3.105C
Woodburn Development Ordinance Draft May 13, 2013 Section 3.105 Page 7
Parking
Angle
Type of Space
Stall
Width
feet
(feet)
Curb
Length
(feet)
feet
Stripe
Length
feet
(feet)
Stall to
Curb
feet
(feet)
Drive Aisle
Width (feet)
1 -way
2 -way
A
B
C
D
E
F
G
00
(Parallel)
Standard
9.0
22.5
8.0
8.0
12.0
24.0
Compact
8.0
22.5
8.0
8.0
Accessible
9.0
22.5
9.0
9.0
Accessible Aisle
Part of the accessible route to a building
30°
Standard or
Accessible
9.0
18.0
34.6
17.3
12.0
24.0
Compact
7.5
15.0
28.0
14.0
Car Accessible Aisle
6.0
12.0
29.4
14.7
Van Accessible Aisle
8.0
16.0
32.9
16.5
45°
Standard or
Accessible
9.0
12.7
28
19.8
15.0
24.0
Compact
7.5
10.6
22.5
15.9
Car Accessible Aisle
6.0
8.5
25.0
17.7
Van Accessible Aisle
8.0
11.3
27.0
19.1
Standard or
Accessible
9.0
10.4
24.2
21.0
18.0
60°
Compact
7.5
8.7
19.3
16.7
15.0
24.0
Car Accessible Aisle
6.0
6.9
22.5
19.5
Van Accessible Aisle
8.0
9.2
23.3
20.4
Standard or
Accessible
9.0
9.0
19.0
19.0
24.0
90°
Compact
7.5
7.5
15.0
15.0
22.0
24.0
Car Accessible Aisle
6.0
6.0
19.0
19.0
24.0
Van Accessible Aisle 18.0
18.0
119.0
1
19.0
Woodburn Development Ordinance Draft May 13, 2013 Section 3.105 Page 8
Parking Space and Drive Aisle Dimensions
Table 3.105C
Parkin
Parking
Stall
Curb
Stripe
Stall to
Drive Aisle
Angle
Type of Space
Width
Length
Length
Curb
Width (feet)
feet
(feet)
(feet)
feet
(feet)
feet
feet
(feet)
1 -way
2 -way
A
B
C
D
E
F
G
1. A parking space may occupy up to two feet of a landscaped area or walkway. At least four
feet clear width of a walkway must be maintained.
2. Space width is measured from the midpoint of the double stripe.
3. Curb or wheel stops shall be utilized to prevent vehicles from encroaching on abutting
properties or rights -of -way.
4. The access aisle must be located on the passenger side of the parking space, except that two
adjacent parking spaces may share a common access aisle.
5. Where the angle of parking stalls differ across a drive aisle, the greater drive aisle width
shall be provided.
Y
L
Y
Accessible
Aisle
■
Figure 3.105A - Parking Space and Aisle Dimensions
Woodburn Development Ordinance Draft May 13, 2013 Section 3.105 Page 9
3.105.04 Off - Street Loading
A. Off - street loading spaces shall comply with the dimensional standards and amounts not less
than those set forth in this section (Table 3.105D).
B. The off - street loading facilities shall be on the same lot, or site, as the use or structure they
are intended to serve. Required loading spaces and required parking spaces shall be separate
and distinct, except that if authorized through a land use decision, a parking area may be
used for loading during those times when the vehicle parking area is not in use.
C. Additional design standards apply in the industrial zones (Section 3.107.10.B.2).
Loading Space Requirements
Table 3.105D
Use and Area (square feet)
Minimum Number of
Minimum Size of Space (feet)
Spaces
Width
Length
Height
Office
5,000 — 41,999
1
12
30
14
42,000 or more
2
Nonresidential uses, except office, in
the CO, CG, and NNC zones
0-9,999
1
12
30
14
10,000 — 41,999
2
42,000 — 81,999
3
82,000 or more
4
Woodburn Development Ordinance Draft May 13, 2013 Section 3.105 Page 10
Figure 3.10513 - Parking Space Striping
Loading Space Requirements
Table 3.105D
Use and Area (square feet)
Minimum Number of
Minimum Size of Space (feet)
Spaces
Width
Length
Height
All uses in the IP, IL, and SWIR zones
0- 11,999 square feet
1
12,000 — 35,999
2
36,000 — 59,999
3
12
60
60,000 — 99,999
4
100,000 or more
1 additional for each
50,000 square feet or
fraction thereof
3.105.05 Shared Parking
A. Shared parking shall be allowed through a Zoning Adjustment, Design Review, Conditional
Use, or Planned Unit Development.
Up to 20 percent of the required vehicle parking may be satisfied by joint use of the
parking area for another use with the same peak hours; or
2. Up to 40 percent of the required vehicle parking maybe satisfied by joint use of the
parking area for another use with alternate peak hours; and
3. An additional amount of joint use parking, of up to 10 percent of the required vehicle
parking, may be satisfied when the development is located along a transit service route
with stops, pullouts, or shelters.
Note: This provision does not reduce the number of required off - street parking spaces, but
allows a portion of the requirement to be satisfied by shared parking. The actual number of
required off - street parking spaces may be reduced through a Zoning Adjustment or
Variance.
B. The following uses are considered as daytime uses for purposes of shared parking identified
in this section: banks, business offices, retail stores, personal service shops, household
equipment or furniture shops, clothing, shoe repair or service shops, manufacturing or
wholesale buildings, and other similar primarily daytime uses, as determined through the
Zoning Adjustment or Design Review.
C. The following uses are considered as nighttime or weekend uses for purposes of shared
parking identified in this section: auditoriums incidental to a public or private school, houses
of worship, bowling alleys, dance halls, theaters, drinking and eating establishments, and
other similar primarily nighttime or weekend uses, as determined through the Zoning
Adjustment or Design Review.
D. Shared parking may be allowed if the following standards are met:
1. Future changes of use, such as expansion of a building or establishment of hours of
operation which conflict with, or affect, a shared parking agreement, shall require
review and authorization of a subsequent Design Review or Modification of Conditions.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.105 Page 11
2. Legal documentation, to the satisfaction of the Director, shall be submitted verifying
shared parking between the separate developments. Shared parking agreements may
include provisions covering maintenance, liability, hours of use, and cross - access
easements.
3. The approved legal documentation shall be recorded by the applicant at the Marion
County Recorder's Office and a copy of the recorded document shall be submitted to
the Director, prior to issuance of a building or other land use permit.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.105 Page 12
3.106 Landscaping
The purpose of this Section is to identify the requirements for site landscaping and street trees.
Landscaping enhances the beauty of the City, provides shade and temperature moderation,
mitigates some forms of air and water pollution, reduces erosion, promotes stormwater
infiltration, and reduces peak storm flows.
3.106.01
Applicability
3.106.02
General Requirements
3.106.03
Landscaping Standards
3.106.04
Plant Unit Value
3.106.05
Screening
3.106.06
Architectural Walls
3.106.07
Significant Trees on Private Property
3.106.01 Applicability
The provisions of this Section shall apply:
A. To the site area for all new or expanded non - residential development, parking and storage
areas for equipment, materials and vehicles.
B. Single - family and duplex dwellings need comply only with the street tree and significant
tree provisions of this Section.
3.106.02 General Requirements
A. Building plans for all uses subject to landscaping requirements shall be accompanied by
landscaping and irrigation plans.
B. All required landscaped areas shall be irrigated unless it is documented that the proposed
landscaping does not require irrigation.
C. All shrubs and ground cover shall be of a size upon installation so as to attain 80% of
ground coverage within 3 years.
D. Installation of plant materials and irrigation specified in an approved landscaping plan shall
occur at the time of development and shall be a condition of final occupancy. Should site
conditions make installation impractical, an acceptable performance guarantee may be
approved, subject the requirements of this Ordinance (Section 4.102.08).
E. The property owner shall be responsible for maintaining all landscaping, fences, and walls in
good condition, so as to present a healthy and orderly appearance. Unhealthy and dead
plants shall be removed and replaced, in conformance with the original landscape plan.
F. The required number of plant units shall be met by a combination of plant materials listed in
this Ordinance (Table 3.106B).
Woodburn Development Ordinance Draft May 13, 2013 Section 3.106 Page 1
G. Required plant units need not be allocated uniformly throughout specified landscaping areas,
but may be grouped for visual effect.
H. Landscaped areas that are not covered by plant materials shall be covered by a layer of bark
mulch or decorative rock, a minimum of two inches in depth.
A six inch high concrete curb shall be provided between landscaped areas and parking and
circulation areas.
Plant materials shall be appropriate to the climate and environment of Woodburn. Inclusion
of plants identified in "Suggested Plant Lists for Required Landscaping ", published by the
Portland Bureau of Development Services, can be used to meet this standard. A landscape
architect, certified arborist or nursery person may also attest to plant appropriateness.
K. Prohibited trees identified by this ordinance (Table 3.106D) do not count towards required
landscaping.
3.106.03 Landscaping Standards
A. Street Trees
Within the public street right -of -way abutting a development, street trees shall be planted to
City standards, prior to final occupancy.
1. One tree per every entire 50 feet of street frontage shall be planted within the right -of-
way, subject to vision clearance area standards and placement of public utilities.
2. Street trees shall be planted according to the property's zoning, and the abutting street's
classification in the Transportation System Plan:
a. Large trees shall be planted along Major and Minor Arterial streets. Large trees
shall also be planted along all streets in the Neighborhood Conservation Overlay
District (NCOD), regardless of street classification;
b. Medium trees shall be planted along Service Collector and Access /Commercial
Streets;
c. Small trees shall be planted along all other streets.
3. The Director may modify this requirement, based on physical constraints and existing
conditions, including the location of driveways and utilities. Such modification may
include relocating the street trees to abutting private property.
B. Site landscaping shall comply with Table 3.106A.
Planting Requirements
Table 3.106A
Location
Planting Density, Minimum
Area to be Landscaped, Minimum
Setbacks abutting a street
1 PU /15 square feet
Entire setback excluding driveways
Buffer yards
1 PU /20 square feet
Entire yard excluding off - street
parking and loading areas abutting a
Woodburn Development Ordinance Draft May 13, 2013 Section 3.106 Page 2
Planting Requirements
Table 3.106A
Location
Planting Density, Minimum
Area to be Landscaped, Minimum
15 PU each
24" Diameter
wall
Other yards
1 PU /50 square feet
Entire yard, excluding areas subject
8 PU each
10' Height or 2" Caliper
to more intensive landscaping
requirements and off - street parking
and loading areas
Off - street parking and
. 1 small tree per 10 parking
. RS, R1 S, RSN, RM, RMN, P /SP,
loading areas
spaces; or t
CO, CG and MUV zones: 20% of
• 1 medium tree per 15
the paved surface area for off -
parking spaces; or 1
street parking, loading and
circulation
• 1 large tree per 25 parking
DDC, NNC, IP, IL, and SWIR
spaces
zones: 10% of the paved surface
and
area for off - street parking,
• 1 PU /20 square feet
loading and circulation
excluding required trees 2
. Landscaping shall be within or
immediately adjacent to paved
areas
Common areas, except
3 PU /50 square feet
Entire common area
those approved as natural
common areas in a PUD
1. Trees shall be located within off - street parking facilities, in proportion to the distribution of
the parking spaces.
2. Required landscaping within a setback abutting a street or an interior lot line that is within 20
feet of parking, loading and circulation facilities may also be counted in calculating
landscaping for off - street parking, loading and circulation areas.
3.106.04 Plant Unit Value
Plant Unit (PU) Value
Table 3.106B
Material
Plant Unit (PU) Value
Minimum Size
1. Significant tree 1
15 PU each
24" Diameter
2. Large tree (60 -120 feet high at
maturity 1
10 PU each
10' Height or 2" Caliper
3. Medium tree (40 -60 feet high at
maturity 1
8 PU each
10' Height or 2" Caliper
Woodburn Development Ordinance Draft May 13, 2013 Section 3.106 Page 3
Plant Unit (PU) Value
Table 3.10613
Material
Plant Unit (PU) Value
Minimum Size
4. Small tree (18 -40 feet high at maturity)
1
4 PU each
10' Height or 2" Caliper
5. Large shrub (at maturity over 4' wide x
2 PU each
3 gallon or balled
4' high) 1
Significant litter (hard fruit 12" or more as
elongated pod)
6. Small to medium shrub (at maturity
1 PU each
1 gallon
maximum 4' wide x 4' high) 1
7. Lawn or other living ground cover 1
1 PU / 50 square feet
8. Berm 2
1 PU / 20 lineal feet
Minimum 2 feet high
9. Ornamental fence 2
1 PU / 20 lineal feet
2'/z - 4 feet high
10. Boulder 2
1 PU each
Minimum 2 feet high
11. Sundial, obelisk, gnomon, or gazing
2
2 PU each
Minimum 3 feet high
ball
12. Fountain 2
3 PU each
Minimum 3 feet high
13. Bench or chair 2
0.5 PU / lineal foot
14. Raised planting bed constructed of
0.5 PU / lineal foot of
Minimum 1 foot high,
brick, stone or similar material except
greatest dimension
minimum 1 foot wide in
CMU
least interior dimension
15. Water feature incorporating
2
2 per 50 square feet
None
stormwater detention
1. Existing vegetation that is retained has the same plant unit value as planted vegetation.
2. No more than twenty percent (20 %) of the required plant units may be satisfied by items in
lines 8 through 15.
Prohibited Trees
Table 3.106C
Common Name
Scientific Name
Negative Attributes
Almira Norway Maple
Acer platanoides
"Almira"
Sidewalk damage
Box Elder
Acer negundo
Weak wood, sidewalk damage
Catalpas
Catalpa Species
Significant litter (hard fruit 12" or more as
elongated pod)
Woodburn Development Ordinance Draft May 13, 2013 Section 3.106 Page 4
Prohibited Trees
Table 3.106C
Common Name
Scientific Name
Negative Attributes
Desert, or Velvet, Ash
Fraxinus velutina
Susceptible to bores, crotch breakage,
significant litter
Douglas Fir
Pseudotsuga menziesii
Not as street tree
Elms
Ulmus Species
Susceptible to Dutch Elm disease
European Ash
Fraxinus excelsior
Disease susceptible, significant litter
Fruit bearing trees
Not appropriate due to fruit
Ginko, or Maidenhair,
Tree
Ginko biloba
Disgusting odor from squashed fruit when
female near male
Green Ash
Fraxinus pennsylvanica
Susceptible to insects and disease, crotch
breakage, significant litter
Hackberry or Sugarberry
Celtis Species
Significant litter (fleshy fruit)
Hickory, Pecan
Carya Species
Significant litter (hard fruit)
Holly
Ilex Species
Sight obstruction (evergreen, low foliage)
Horse Chestnut
Aesculus hippocastanum
Significant litter (inedible nut)
Lavalle Hawthorne
Crategus lavellei
Hazardous (thorns on trunk and branches)
Lilac
Syringa Species
Sight obstruction (low foliage), pollen
allergies
Oak
Quercus Species
Significant litter (hard fruit)
Pines
Pinus Species
Sight obstruction (evergreen, low foliage)
Poplar, Cottonwood
Poplus Species
Brittle, significant litter
Profusion Crab Apple
Malus "Sargent"
Significant litter (fleshy fruit)
Silver Maple
Acer saccaharinum
Sidewalk damage, root invasion into pipes
Spruces
Picea Species
Sight obstruction (evergreen, low foliage)
Sweetgum
Liquidambar styruciflua
Significant litter (hard fruit)
Thundercloud Plum
Prunus "Thundercloud"
Significant litter (fleshy fruit)
Tree of Heaven
Ailanthus altissima
Sidewalk damage
Walnuts
Juglans Species
Significant litter (hard fruit)
Willow
Salix Species
Root invasion into pipes
Winter Crab Apple
Malus "Winter Gold"
Significant litter (fleshy fruit)
Woodburn Development Ordinance Draft May 13, 2013 Section 3.106 Page 5
3.106.05 Screening
A. Screening between zones and uses shall comply with Table 3.106D.
Screening Requirements
Table 3.1061)
N = No screening required F = Sight- obscuring fence required W = Architectural wall required
D = Architectural wall, fence, or hedge may be required in the Design Review process
Adjacent properties — zone or use
that receives the benefit of
screening
o
o
cn
z
o
N
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N
o
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73
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N
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Property being Developed — must
provide screening if no
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comparable screening exists on
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abutting protected property
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RS, R1 S, or RSN zone
N
N
N
N
N
N
N
N
N
N
N
RM or RMN zone
W
D
W
D
W
W
D
W
D
N
W
DDC or NNC zone
N
N
N
N
N
N
N
N
N
N
N
Nonresidential use in CO zone
W
W
W
N
W
W
N
W
D
N
W
CG or MUV zone
W
W
D
D
D
D
D
Wz
W
D
W
Outdoor storage in CG or MUV
W 1 '
W 1'
W 1,3
W"
W 1 '
W �'
W 1 '
W 1,3
W 1,3
W 1,3
W 1,3
zone
IP, IL, or SWIR zone
W
W
D
W 3
D
D
D
`7`I
W 3
W 3
W 3
p/Sp
Permitted use
D
D
N
N
N
N
N
D
D
N
D
zone
Conditional use
D
D
D
D
D
D
D
D
D
D
D
Single - family dwelling, duplex,
N
N
N
N
N
N
N
N
N
N
7
N
child care facility, or group home
Multiple - family dwelling, child
z
z s
W
z
z
z
z s
W
group care home or
P
W$
D
D
W
W
W
W 2,5,8
D
D
nursing home
Nonresidential use in a residential
W
W
D
D
D
D
D
W
W
D
W
zone
Manufactured dwelling park
W
W
W
W
W
W
W
W
W
W
D
Boat, recreational, and vehicle
storage pad, if within 10 feet of a
F
F
F
F
F
N
F
F
F
F
F
property line
Common boat, recreational, and
W z,
Wz,
2
W'
W z,
W z,
D
W2,
2,4
W'
2,4
W
z,4
2,4
'
vehicle storage area
4
4
4
4
4
Woodburn Development Ordinance Draft May 13, 2013 Section 3.106 Page 6
Screening Requirements
Table 3.106D
N = No screening required F = Sight- obscuring fence required W = Architectural wall required
D = Architectural wall, fence, or hedge may be required in the Design Review process
Adjacent properties — zone or use
that receives the benefit of
screening
N
r,
O
U U
0
N
0
3 N c
wo
C7 �'
n
C
O
N
O
N
R;
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�
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Property being Developed — must
o
vs
°
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d
provide screening if no
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o
o
°
N
s�, v
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comparable screening exists on
c/�
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Q
N
O
o
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to ¢
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'�
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abutting protected property
r�
Q
U
U
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Z
a
Refuse and recycling collection
facilities except for single - family
W z,
W z,
W z,6,
W z,
W z,
W z,
W z,
z 6 7
z6,7
z 6 �
2 7
dwelling, duplex, child care
6.7
6,7
7
6,7
6,7
6,7
6,7
W ' '
' '
W ' '
facility, or group home
1. Screening is only required from the view of abutting streets, parking lots, and residentially zoned
property. Storage shall not exceed the height of the screening.
2. Six to seven feet in height
3. Six to nine feet in height
4. Abutting streets must also be screened.
5. Screening is required abutting multiple- family dwellings, commercial or industrial uses only.
6. In industrial zones, screening is required only where the refuse collection facility is in a yard abutting
a
public street, parking lot, or residentially zoned property.
7. Child care facility for 12 or fewer children, group home for five or fewer persons.
8. Child care facility for 13 or more children, group home for six or more persons.
General notes:
9. Screening is subject to height limitations for Vision Clearance Areas (Section 3.103) and adjacent to
streets (Section 2.201.03.13).
10. No screening is required where a building wall abuts a property line.
11. Where a wall is required and is located more than two feet from the property line, the yard areas on the
exterior of the wall shall be landscaped to a density of one plant unit per 20 square feet
B. All parking areas, except those for single- family and duplex dwellings, abutting a street shall
provide a 42 -inch vertical visual screen from the abutting street grade. Acceptable design
techniques to provide the screening include plant materials, berms, architectural walls, and
depressed grade for the parking area. All screening shall comply with the clear vision
standards of this ordinance (Section 3.103.06).
Woodburn Development Ordinance Draft May 13, 2013 Section 3.106 Page 7
3.106.06 Architectural Walls
A. This section shall apply to required architectural walls in all zoning districts.
B. Design Standards and Guidelines
An architectural wall shall meet the texture, color, and articulation requirements on the
face away from the proposed development.
2. An architectural wall should meet the texture, color, and articulation requirements on
the face toward the proposed development.
3. An architectural wall shall have a minimum three inch horizontal articulation of at least
one linear foot of the wall of intervals not more than 40 feet; and
4. An architectural wall shall have a minimum six inch vertical articulation of at least one
linear foot of the wall of intervals not more than 40 feet.
5. An architectural wall shall incorporate at least two colors.
6. An architectural wall shall have an earth tone coloration other than grey on at least
eighty percent (80 %) of the surface.
7. An architectural wall shall be architecturally treated with scoring, texture, or pattern on
at least eighty percent (80 %) of the surface.
C. Retaining walls should /shall meet the texture and color requirements of architectural walls
in or abutting residential districts, where the texture and color requirements apply to the
visible face of the retaining wall.
3.106.07 Significant Trees on Private Property
A. The purpose of this Section is to establish processes and standards which will minimize
cutting or destruction of significant trees within the City. Significant trees enhance
neighborhoods by creating a sense of character and permanence. In general, significant trees
on private property shall be retained, unless determined to be hazardous to life or property.
B. The provisions of this Section apply to the removal of any significant tree and the
replacement requirements for significant tree removal.
C. A Significant Tree Removal Permit shall be reviewed as a Type I application to authorize
the removal of a significant tree, subject to the following:
Approval of Significant Tree Removal Permits shall be held in abeyance between
November 1 and May 1, to allow inspection of the deciduous trees when fully leafed.
2. For the removal of a diseased or dangerous tree, a report from a certified arborist or an
arborist approved by the City shall be submitted, certifying that the tree is dead or
dying, structurally unsound, or hazardous to life or property.
If the Director is uncertain whether the arborist's opinion is valid, the Director may
require a second arborist's opinion, and may require that the second opinion be done at a
time when trees would be fully leafed.
4. A dangerous tree may be removed prior to obtaining a permit in an emergency, and the
Woodburn Development Ordinance Draft May 13, 2013 Section 3.106 Page 8
owner shall apply within three days for the removal permit, pursuant to this Section.
D. The issuance of a significant tree removal permit requires the property owner to replace each
tree removed with one replacement tree. Each replacement tree shall be at least two inches
in caliper. Each replacement tree shall be of a species not prohibited by this section. The
replacement tree shall be of the same size range at maturity as the significant tree replaced.
E. A tree required by the development standards of this ordinance (Section 3.1) or as a
condition of permit or land use approval shall qualify as a replacement tree. In the
Neighborhood Conservation Overlay District (NCOD), the replacement tree shall be planted
on the same property as the significant tree replaced. In other zones, the property owner
shall choose the method of replacement. Replacement shall be accomplished by:
Planting one tree on the subject property;
2. Planting one tree at a location determined by the Woodburn Community Services
Department; or
3. Paying a fee -in -lieu to the Woodburn Community Services Department for the planting
of one tree at a future time by the City.
F. The property owner shall pay a mitigation fee for each required replacement tree that is not
planted pursuant to this Section. The applicant shall pay the mitigation fee into the City's
tree fund. The amount of the mitigation fee shall be established by the City Council in the
Master Fee Schedule, based on the average value of a two inch caliper tree available from
local nurseries, plus planting costs.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.106 Page 9
B. Roof Standards
1. Pitch
Site -built dwellings shall have a minimum roof pitch of 4:12. Manufactured dwellings
shall have a minimum roof pitch of 3:12.
2. Material
Roofing material shall be composition shingles, clay or concrete tile, metal, cedar
shingles or shakes. Composition shingles shall be architectural style, with a certified
performance of at least 25 years.
3. Eaves
Eaves of a dwelling unit or garage shall provide a minimum 12 -inch projection.
C. Exterior Finish
The exterior finish of a dwelling shall have the appearance of either horizontal lap siding,
shakes, shingles, brick or stucco. Where horizontal lap siding is used, it shall appear to have
a reveal of three to eight inches. Plain concrete, corrugated metal, plywood and press board
shall not be used as exterior finish material.
D. Garage
1. Single - family dwellings, duplexes, and manufactured dwellings shall have a garage.
2. The facade containing the vehicular entrance for an attached garage shall either:
a. Face away from the street frontage of the main pedestrian entry of the dwelling, at
an angle of at least 90 degrees, or
b. Comprise less than half the lateral dimension of the total facade facing a street, or
c. Comprise no more than 65 percent of total facade of the structure facing the street,
including second stories, dormers, and eyebrows.
3. The facade containing the vehicular entrance for a detached garage shall either:
a. Face away from the street frontage of the main pedestrian entrance of the dwelling,
at an angle of at least 90 degrees, or
b. Set back at least 20 feet beyond the facade containing the main pedestrian entrance.
c. The area of the facade of the garage shall be no greater than of the facade of the
dwelling.
E. Main Pedestrian Entrance
1. The main pedestrian entrance of each dwelling, excluding dwellings on flag lots, shall
face the street.
2. The main entrance to each dwelling shall have either:
a. A covered porch, at least 48 square feet in area, with a minimum dimension of six
feet on at least one side; or
b. A recessed entry, at least 24 square feet in area, with a minimum dimension of four
Woodburn Development Ordinance Draft May 13, 2013 Section 3.107 Page 2
feet on at least one side.
F. At least 15 percent of the facade wall surface of a dwelling facing a front lot line shall be
windows, excluding roofs and non - habitable wall area under the end of a roof, and
excluding the garage facade.
G. The front of the dwelling shall either contain:
1. An articulated roof line, incorporating more than one pitch or elevation of the ridge line
that is visible in the front elevation, excluding a porch; or
2. A gable, dormer, eyebrow, off -set roof line or other vertical, architectural extension of
the building at least 36 inches above the eave; or
3. An off -set line in the facade of the building of at least 36 inches and ten feet in length,
excluding a recessed pedestrian entrance or porch.
3.107.03 Single- Family Dwellings, Duplexes and Manufactured Dwellings on
Individual Lots in New Developments
A. This Section shall apply to all new single - family dwellings, duplexes and manufactured
dwellings on individual lots in subdivisions and Planned Unit Developments approved after
[the date of adoption of this Section].
B. Plain concrete, corrugated metal, plywood, T -111, oriented strand board (OSB), and sheet
press board shall not be used as exterior finish material.
C. Dwellings shall have at least nine of the following design features:
1. Site -built dwellings shall have a minimum roof pitch of 4:12. Manufactured dwellings
shall have a minimum roof pitch of 3:12.
2. Roofing material shall be composition shingles, clay or concrete tile, metal, cedar
shingles or shakes. Composition shingles shall be architectural style, with a certified
performance of at least 25 years.
3. Eaves of a dwelling unit or garage shall provide a minimum 12 inch projection.
4. The exterior finish shall have the appearance of either horizontal lap siding, shakes,
shingles, stone, brick or stucco. Where horizontal lap siding is used, it shall appear to
have a reveal of 3 to 8 inches.
5. The facade containing the vehicular entrance for a garage shall face away from the
street frontage of the main pedestrian entry of the dwelling, at an angle of at least 90
degrees.
6. The facade containing the vehicular entrance for an attached garage shall comprise less
than half the lateral dimension of the total facade facing a street, or shall comprise no
more than 65 percent of the area, including second stories, dormers, and eyebrows, of
the total facade of the structure facing the street.
7. The facade containing the vehicular entrance for a detached garage shall be set back at
least 20 feet from the facade of the dwelling containing the main pedestrian entrance,
and with the area of the facade of the garage no greater than that of the dwelling.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.107 Page 3
8. The main entrance to each dwelling shall have either:
a. A covered porch at least 48 square feet in area, with the minimum dimension of six
feet on at least one side; or
b. A recessed entry at least 24 square feet in area, with the minimum dimension of
four feet on at least one side.
9. At least 15 percent of the facade wall surface of a dwelling unit facing a front lot line
shall be windows, excluding roofs and non - habitable wall area under the end of a roof,
and excluding the garage facade.
10. The front of the dwelling shall contain an articulated roof line incorporating more than
one pitch or elevation of the ridge line that is visible in the front elevation, excluding a
porch.
11. The front of the dwelling shall contain a gable, dormer, eyebrow, off -set roof line or
other vertical, architectural extension of the building, at least 36 inches above the eave.
12. The front of the dwelling shall contain a horizontal offset of at least 36 inches in depth
and ten feet in length, excluding a recessed pedestrian entrance, porch, or garage that
projects in front of the dwelling.
D. Single - family dwellings, duplexes, and manufactured dwellings shall have a garage.
3.107.04 Single - Family Dwellings and Duplexes in the Neighborhood Conservation
Overlay District (NCOD)
A. Applicability
1. For any new single - family dwelling, duplex, or accessory structure within the
Neighborhood Conservation Overlay (NCOD), all facades shall be subject to
architectural review.
2. The exterior remodel to single family dwellings, duplexes, and accessory structures
shall be subject to architectural review.
3. 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 5.101, 5.102, 5.103), depending on
floor area. 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 and Standards
The proposed construction should /shall provide architectural details, such as dormers,
bays, bracketing, cornices and trim, to add aesthetic visual interest and detail.
2. The design should /shall minimize the negative visual impact of on -site automobile
parking within the district by orienting garage openings so that they do not front directly
onto a public street. An attached garage opening should either be located a minimum of
10 feet back from the building facade or the garage should be detached.
3. Long, flat facades on buildings should /shall be avoided. Buildings should /shall not be
Woodburn Development Ordinance Draft May 13, 2013 Section 3.107 Page 4
more than 50 feet wide.
4. The character of single - family and duplex roofs shall be maintained. The roof pitch
should /shall be a minimum of 6:12.
5. The main entrance of a dwelling should /shall face the street and be covered with a roof.
6. Windows in the building should /shall be wood sash with trim that is at least 5'h inches
wide. No pane of glass should /shall be any larger than 30 inches wide by 84 inches
high. Glass should /shall be clear or stained.
7. Horizontal wood siding, brick or stucco should /shall be used for exterior finishes. For
building additions, the exterior finish should /shall be of the same style and character as
the existing building.
3.107.05 Standards for Medium Density Residential Buildings
Note: A medium density residential building is any building where the predominant use is
multiple- family dwelling, nursing care or group care facility.
A. 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 5,101, 5.102, 5.103). 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. Open Space
1. Private Open Space
a. Ground Level Courtyard
(1) Units within five feet of the finished grade, should /shall have at least 96 square
feet of private open space, with no dimension less than six feet.
(2) Ground level private open space should /shall be visually and physically
separated from common open space, through the use of perimeter landscaping
or fencing.
b. Balcony
Units more than 5 feet from the finished grade should /shall have at least 48 square
feet of private open space in a balcony, with no dimension less than six feet.
2. Common Open Space and Facilities
a. Common open space and facilities consist of the site area and facilities not devoted
to dwellings, parking, streets, driveways or storage areas that are available for use
by all residents of a development.
b. Required yard setbacks should /shall be included as common open space.
c. Open Space and Facility Design Guidelines and Standards.
(1) A minimum of 30 percent of the net site area of each medium density
residential development should /shall be permanently designated for use as
Woodburn Development Ordinance Draft May 13, 2013 Section 3.107 Page 5
common open space and facilities.
(2) The common area should /shall include at least one open space containing
2,000 square feet, with a minimum width of 36 feet.
(3) Facilities to accommodate children's or adult's recreation, meeting or
education activities should/shall be provided at a ratio of 36 square feet of
outdoor, or 12 square feet of indoor, common area per dwelling unit or living
unit. The minimum improved common area for this purpose should/shall be
720 square feet of outdoor or 240 square feet of indoor space. The space for
such improvements may be counted as part of the common area required by
Section 3.107.05.B. 1.c.2 at a 1:1 ratio for outdoor space and 3:1 ratio for
indoor space.
C. Architectural Design Guidelines and Standards
1. Building Mass and Facade
a. Buildings should /shall have no dimension greater than 150 feet.
b. Every two attached dwelling or living units should /shall be offset by at least four
feet in depth.
c. Individual buildings located within 28 feet of a property line should/shall have a
varied setback at least four feet.
d. A flat roof, or the ridge of a sloping roof, should /shall not exceed a horizontal
length of 100 feet without providing a difference in elevation of at least four feet.
e. Buildings should /shall incorporate a porch or recessed entry for each ground -level
dwelling or living unit. Covered porches and entries should be at least 30 square
feet, with no dimension less than six feet. This provision does not apply to
buildings for residential care.
f. All habitable rooms, except bathrooms, facing a required front yard should /shall
incorporate windows.
g. Staircases providing access above the first floor level should/shall not be visible
from a street.
Building Materials, Texture and Color
a. The exterior finish for at least 90 percent of the facade should /shall be:
(1) Either siding, brick or stucco. Plain concrete, corrugated metal, plywood and
sheet press board should /shall not be used as exterior finish material; and
(2) Either white, tinted with a minimum of 10 parts per 100 of white, or shaded
with a minimum of 10 parts per 100 of black or brown. Shading colors with
brown or black to create earth tones or tinting colors with white to soften the
appearance.
(3) Fluorescent, "day -glo," or any similar bright color shall not be used on the
facade.
b. The roofing material should /shall be either composition shingles; clay or concrete
Woodburn Development Ordinance Draft May 13, 2013 Section 3.107 Page 6
tile; metal; or cedar shingles or shakes. Composition shingles should /shall be
architectural style, with a certified performance of at least 25 years.
3. Pedestrian Circulation
a. The internal pedestrian system in medium density residential developments
should /shall connect to other areas of the site, to other building entrances and to
adjacent streets.
b. When a residential building is sited within 24 feet of a street right -of -way, the
building should /shall contain entrances directly accessible from the street.
3.107.06 Standards for Non - Residential Structures in Residential Commercial and
Public /Semi Public Zones
A. The following design guidelines shall be applicable to all non - residential structures and
buildings in the RS, RSN, R1 S, RM, RMN, CO, CG, and P /SP zones.
B. Architectural Design Guidelines
1. Mass and Bulk Articulation Guidelines
a. Building facades visible from streets and public parking areas should be articulated,
in order to avoid the appearance of box -like structures with unbroken wall surfaces.
b. The appearance of exterior walls should be enhanced by incorporating
three- dimensional design features, including the following:
(1) Public doorways or passage ways through the building
(2) Wall offsets or projections
(3) Variation in building materials or textures
(4) Arcades, awnings, canopies or porches
2. Materials and Texture Guidelines
a. Building exteriors should exhibit finishes and textures that reduce the visual
monotony of bulky structures and large structural spaces. Building exteriors should
enhance visual interest of wall surfaces and harmonize with the structural design.
b. The appearance of exterior surfaces should be enhanced by incorporating the
following:
(1) At least 30% of the wall surface abutting a street should be glass.
(2) All walls visible from a street or public parking area should be surfaced with
wood, brick, stone, designer block, or stucco, or with siding that has the
appearance of wood lap siding.
(3) The use of plain concrete, plain concrete block, corrugated metal, plywood,
T -111 and sheet composite siding as exterior finish materials for walls visible
from a street or parking area should be avoided.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.107 Page 7
(4) The color of at least 90 percent of the wall, roof and awning surface visible
from a street or public parking area should be an "earth tone" color containing
10 parts, or more of brown or a "tinted" color, containing 10 parts or more
white.
(5) Fluorescent, "day -glo," or any similar bright color shall not be used on the
building exterior.
3. Multi - Planed Roof Guidelines
a. The roof line at the top of a structure should establish a distinctive top to the
building.
b. The roof line should not be flat or hold the same roof line over extended distances.
Rather, the roof line should incorporate variations, such as:
(1) Offsets or jogs in the plane of the roof;
(2) Changes in the height of the exterior wall for flat roof buildings, including
parapet walls with variations in elevation or cornices
4. Roof - Mounted Equipment Guidelines
All roof - mounted equipment, except solar collectors, should be screened from view by:
a. Locating roof - mounted equipment below the highest vertical element of the
building, or
b. Screening roof - mounted equipment using materials of the same character as the
structure's basic materials
5. Weather Protection Guidelines
All building faces abutting a street or a public parking area should provide weather
protection for pedestrians. Features to provide this protection should include:
a. A continuous walkway at least eight feet wide along the face of the building
utilizing a roof overhang, arcade, awnings or canopies ,
b. Awnings and canopies that incorporate the following design features:
(1) Angled or curved surfaces facing a street or parking area
(2) A covering of fabric, or matte finish vinyl
(3) A constant color and pattern scheme for all buildings within the same
development
(4) No internal back lighting
6. Solar Access Protection
Obstruction of existing solar collectors on abutting properties by site development
should be minimized.
C. Building Location Guidelines
1. Within the prescribed setbacks, building location and orientation should compliment
abutting uses and development patterns.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.107 Page 8
2. The maximum yard abutting a street should be 150 feet.
3.107.07 Downtown Development and Conservation (DDC) 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.
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 5,101, 5.102, 5.103). For a Type I
review, the criteria of this Section shall be read as "shall" and shall be applied as
standards. For a Type 1I or III review, the criteria of this Section shall be read as
"should" and shall be applied as guidelines.
B. Design Guidelines or Standards
Woodburn Development Ordinance Draft May 13, 2013 Section 3.107 Page 9
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.
• Association Building on Front Street between Garfield and Hayes Streets
• Fulmer Building at Front and Lincoln Streets
• Old City Hall at First and Lincoln Streets
• Carnegie Library at Second and Garfield Streets
• Bank of Woodburn building at Front and Arthur Streets
• Masonic building at Front and Arthur Streets
1. Site Development
a. Building fronts and entrances shall be oriented toward the street. Buildings with
frontages on two or more streets shall be oriented to at least one street.
b. Building facades should be set at the property edge along the sidewalk. Buildings
with frontages on 2 or more streets should be set at the property edge on at least
one street.
2. Building Scale
a. The overall size and proportion of new structures shall be compatible with the scale
of nearby traditional storefront buildings constructed during the historic period.
This standard may be met by either designing the building's size and proportions to
be similar to comparable historic structures in the downtown, or by the design of
the facade so that it breaks a larger mass into smaller units that are similar to
comparable historic structures.
b. If practical, new buildings should have the same floor height as adjoining buildings
in case there is ever a desire to link the storefronts.
c. The relationship between the height and width of the main facade of the building
shall be visibly compatible with adjoining or nearby buildings of the historic period
or style. This standard may be met through either similar height and width, or,
through design elements that provide visual continuity with adjoining or nearby
buildings of the historic period.
3. Building Height
New buildings of at least two stories in height are encouraged.
4. Building Width
a. All new buildings should maximize lot frontage as much as is practicable.
b. New buildings whose street frontage is more than 50 feet wide shall be designed to
convey a sense of division through the use of pilasters, windows and door
openings, recessed entries, off -sets or other architectural details.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.107 Page 10
5. Storefronts
a. Primary entrances shall be oriented to the street. Corner buildings shall have
corner entrances, or shall provide at least one entrance within 20 feet of the street
corner or a corner plaza.
b. The upper windows of multi -story buildings shall use multi -pane double -hung sash
windows or the equivalent style.
c. The relationship between solid walls and window and door openings on the main
facade shall be visually compatible with adjoining or nearby structures from the
historic period or style. Ideally, first floor storefronts should be about 80 percent
glass from approximately two feet above grade to approximately 10 feet above
grade.
d. The relationship of width and height of window and door openings shall be visually
compatible with adjoining or nearby buildings from the historic period or style.
e. Blank walls, walls without window or door openings, are not permitted along
public streets.
f. Windows and doorways shall not be covered over with paper, boards, or cardboard
except during times of construction or remodeling and shall be limited to a period
of 120 days, unless an extension is otherwise granted by the Director.
g. Doors shall match the materials, design, and character of the display window
framing.
h. Architectural features such as awnings, windows, cornices, etc., shall be provided
at the second floor to differentiate the storefront from the upper levels of the
building, to add visual interest, and to allow the storefront to function as the base
for the rest of the building.
6. Facade Materials and Texture
a. The materials and texture of the facade shall be compatible with those on buildings
constructed during the historic period.
b. Permitted exterior facade materials include: brick, cast iron, relatively narrow
horizontal wood or masonry siding, and stucco. Plywood siding, T -111, and
vertical board and batten are prohibited.
c. Exposed concrete block facades facing the street are not allowed. Split -face or
scored -face block may be used in small quantities for foundations or other
non - dominant features.
d. All main facade materials shall be painted (except brick, for which painting is
optional).
e. Metal siding shall not be used as a building material on the facade facing a street.
7. Windows
a. Windows which allow views to the interior activity or display areas are
encouraged. Windows shall include sills at the bottom and pediments at the top.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.107 Page 11
Glass curtain walls, reflective glass, and painted or darkly tinted glass shall not be
used on the first floor.
b. Ground Floor Windows
(1) All new buildings must provide ground floor windows along adjacent street
rights -of -way.
(2) Required window areas must be either windows that allow views into working
areas or lobbies, pedestrian entrances, or display windows.
(3) Required windows must have a sill no more than four feet above grade. Where
interior floor levels prohibit such placement, the sill must be raised to allow it
to be no more than two feet above the finished floor level, up to a maximum
sill height of six feet above grade.
(4) Glass curtain windows are not permitted.
(5) Darkly tinted windows and mirrored windows that block two -way visibility are
prohibited as ground floor windows along street facades.
(6) Any wall that faces a public right -of -way must contain at least 20% of the
ground floor wall area in display areas, windows, or doorways. Blank walls
are prohibited.
(7) Upper Floor Window Standards
(1) Glass area dimensions shall not exceed five feet by seven feet. (The
longest dimension may be taken either horizontally or vertically.)
(ii) Windows must have trim or molding at least two inches wide around their
perimeters.
(iii) At least half of all the window area in upper floors must be made up of
glass panes with dimensions no greater than two feet by three feet.
8. Roofs
a. Main facade roofs (lower than a 6:12 pitch) shall be concealed behind a square or
stepped parapet. Flat roofs are permitted behind a parapet.
b. All heating, ventilation, and air conditioning (HVAC) systems located on top of a
roof shall be located or screened so that they are not visible from the street.
Dish -style antennas shall be located or screened so that they are not visible from
the street. All screening material shall be natural and shall be compatible with the
facade of the front of the building.
c. New roofs on existing buildings, or on additions to existing buildings, shall match
the pitch and form of the original roof.
d. Shed roofs are permitted on one -story rear additions.
e. Back -lit or internally illuminated roofs are prohibited.
9. Awnings and Canopies
a. The use of awnings or canopies over sidewalks is encouraged.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.107 Page 12
b. Awnings shall extend out from the building front to cover at least two- thirds of the
sidewalk, unless it is shown that such a distance will interfere with existing trees,
poles, etc., to provide pedestrian protection from the elements.
c. Awnings shall be flat or sloping. Awnings shall be made of metal, wood, canvas or
similar materials. Rounded bubble or plastic awnings are prohibited. Fully glazed
awnings are not permitted.
d. Awnings shall fit within the window bays (either above the main glass or the
transom light) so as not to obscure or distract from significant architectural
features.
e. The color of the awning shall be compatible with its attached building.
f. Awnings shall not be internally illuminated. However, lighting which is intended to
provide illumination to the sidewalk and signage is permitted.
g. Awnings shall be a minimum of eight feet above the sidewalk.
h. Where feasible, awnings shall be placed at the same height as those on adjacent
buildings in order to maintain a consistent horizontal rhythm along the street front.
10. Color
a. The painting of brick walls is permitted.
b. Subtle or subdued tones commonly used during the historic period shall be used.
Bright or neon colors are prohibited.
c. Different colors shall be used to accentuate and highlight trim, windows, and other
building features.
11. Site Design
Landscaping shall not obliterate street and sidewalk views of signage or architectural
features on historic buildings.
12. Off - Street Parking
a. All parking and access standards of this ordinance (Sections 3.104 and 3.105) shall
apply, except that there shall be no required parking in the Downtown
Development and Conservation (DDC) zone.
b. Parking areas shall not be located between the front of the building and the street.
c. Parking areas with more than 10 spaces shall be divided by landscaped areas or
walkways, or by a building or group of buildings.
d. Knee walls are required to screen street side parking lots. Knee walls shall not
exceed three feet in height and shall be constructed with masonry. Alternatively, a
combination of a wall or fence and landscaping may be approved if they provide an
effective buffer and low -level screen of the parking area.
C. External Storage of Merchandise
The external storage of merchandise or materials, directly or indirectly related to a business,
is prohibited.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.107 Page 13
D. Outdoor Displays of Merchandise
Outdoor displays of merchandise are permitted during business hours only and shall not
exceed ten percent of the total retail sales area. Displays of merchandise on public
sidewalks may not reduce usable walking area widths to less than four feet.
E. Outdoor Eating Areas
Outdoor dining areas are encouraged, and are permitted on public sidewalks. Outdoor food
vending carts are permitted. Eating areas or vending carts may not reduce usable walking
area widths on public sidewalks to less than four feet. Mobile food kitchens are prohibited
in the DDC district.
3.107.08 Mixed Use Village (MUV) Zone
A. Applicability and Procedure
The following design guidelines and standards shall be applicable to all buildings in the
Mixed Use Village (MUV) zone that include a non - residential use, whether or not
residential uses are included in the structure.
B. Site Development Standards
The primary building entrance shall either be oriented toward the street, toward a side
yard, or any angle in between. For the purposes of this section, the "primary building
entrance" is the main public entrance to the building. In the case where no public
entrance exists, the "primary building entrance" is the main employee entrance. Where
there are multiple buildings on a lot, all buildings shall comply with this standard.
2. Buildings should occupy a minimum of 50 percent of all street frontages along public
streets. Buildings should be located at public street intersections.
C. On -Site Pedestrian Circulation
1. Walkways shall connect all building entrances with adjacent sidewalks and on -site
parking areas, and shall connect off -site adjacent uses to the site unless topographic or
existing development constraints preclude making certain walkway connections.
2. Where walkways cross a parking area or driveway they shall be clearly marked with
contrasting paving materials (such as light -color concrete inlay between asphalt), which
may be part of a raised /hump crossing area. Paint or thermo- plastic striping and similar
types of non - permanent applications may be approved for crosswalks not exceeding 24
feet in length.
D. Drive - Through Businesses
In addition to the requirements of Section 3.104.02, the following standards shall apply to
drive - through businesses:
1. Drive- through windows are prohibited on a building facade that faces Highway 99E.
2. Drive - through uses shall be located so that access and egress to the drive - through
features are from an on -site drive aisle or other on -site circulation facility, not a public
street.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.107 Page 14
3. A maximum of two drive - through service lanes shall be permitted between a building
facade and a public street right -of -way.
E. Architectural Design Guidelines and Standards
Street - Facing Building Facades
All street - facing building elevations that are set back 50 feet or less from a public street
shall provide visual interest and avoid blank walls by meeting one or both of
subsections a and b, below:
a. A minimum of 40 percent of the ground floor wall area shall contain windows,
display areas, or doorway openings. Windows, display areas, or doorway openings
used to meet this standard shall comply with the following provisions:
(1) Required window areas shall be either windows that allow views into working
areas or lobbies, pedestrian entrances, or display windows.
(2) Darkly tinted windows and mirrored windows that block two -way visibility
shall not be used to meet this standard.
(3) The sill or lower edge of a window, display area, or doorway used to meet this
standard shall be no more than four feet above grade. Where interior floor
levels prohibit such placement, the sill or lower edge must be raised to allow it
to be no more than two feet above the finished floor level, up to a maximum
height of six feet above grade.
(4) Windows and doorways used to meet this standard shall not be covered over
with paper, boards, or cardboard, except during times of construction or
remodeling, and shall be limited to a period of 120 days, unless an extension is
otherwise granted by the Director.
(5) Ground floor wall area shall be measured from three feet above grade to nine
feet above grade along the entire width of the street - facing elevation.
b. Building facades that exceed 40 feet in length shall incorporate features to vary the
look of the facade at intervals not to exceed forty feet. Such features may include
variable planes, projections, bays, dormers, setbacks, canopies, awnings, parapets,
or changes in the roof line, materials, color, or textures.
2. All other building facades visible from streets and public parking areas should provide
facade variations, as specified in this section (3.107.08.E. Lb).
F. Crime Prevention Through Enviromnental Design
In order to enhance public safety and provide for "eyes on the street ", all buildings that will
regularly be occupied should provide windows that allow a view of the street in all
street - facing building elevations.
G. Weather Protection
Weather protection for pedestrians, such as awnings, canopies and arcades, should be
provided at building entrances. Weather protection is encouraged along building frontages
abutting a public sidewalk or a hard - surfaced expansion of a sidewalk, and along building
frontages between a building entrance and a public street or access way. Awnings and
Woodburn Development Ordinance Draft May 13, 2013 Section 3.107 Page 15
canopies shall not be back -lit.
H. Building Materials
Corrugated metal, plywood, sheet press board or vinyl siding should be used as exterior
finish material. Plain concrete block and plain concrete should not be used as exterior finish
material, except as a foundation material where the foundation material should not be
revealed for more than two feet.
Roofs and Roof Lines
Except in the case of a building entrance feature, roofs should be designed as an extension of
the primary materials used for the building and should respect the building's structural
system and architectural style. False fronts and false roofs should not be used.
Roof - Mounted Equipment
All roof - mounted equipment shall be screened from view from adjacent public streets.
Satellite dishes and other communication equipment shall be set back or positioned on a roof
so that exposure from adjacent public streets is minimized. Solar heating panels shall be
exempt from this guideline.
K. Off - Street Parking
1. Parking areas shall be limited to 50 percent of the street frontage abutting a Major
Arterial.
2. Parking areas shall not be located within a front yard or within a side yard abutting a
Major Arterial.
3. Parking areas with more than ten spaces shall be divided by landscaped areas or
walkways, or by a building or group of buildings.
L. Screening Standards
Outdoor storage shall be screened from view from the adjacent streets by a wall. Outdoor
displays of merchandise not exceeding ten percent of the total retail sales area are allowed.
Displays of merchandise on public sidewalks may not reduce usable walking area widths to
less than four feet.
3.107.09 Nodal Neighborhood Commercial (NNC) Zone
A. Applicability
The following standards shall apply in the Nodal Neighborhood Commercial (NNC) zone.
B. Site Design Guidelines
1. Buildings should occupy a minimum of 50 percent of all street frontages along public
streets. Buildings should be located at public street intersections.
2. Landscaping, an arcade, or a hard - surfaced expansion of the pedestrian path should be
provided between a structure and a public street.
3. Hard- surfaced areas should be constructed with scored concrete or modular paving
material. Benches and other street furnishings are encouraged.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.107 Page 16
4. A walkway connection should connect a building entrance and a public street. This
walkway should be at least six feet wide and be paved with scored concrete or modular
paving materials. Building entrances at corners near a public street intersection are
encouraged.
5. Parking for buildings or phases adjacent to public streets should be located to the side or
rear of newly constructed buildings.
Off - street parking should be limited to 50 percent of the street frontage, when located
abutting a street.
C. Architectural Design Standards
1. Applicability
At the time of application, the applicant shall choose whether the Design Review of
new buildings shall be conducted as a Type I review following the procedures of
Section 5.101, or as a Type II or III review following the procedures of Section 5.102 or
5.103.
2. Architectural Design Guidelines and Standards
a. Ground Floor Windows
All street - facing building elevations that are set back 10 feet or less from a public
street should include a minimum of 50 percent of the ground floor wall area with
windows, display areas or doorway openings. The ground floor wall area shall be
measured from three feet above grade to nine feet above grade along the entire
width of the street - facing elevation. The ground floor window requirement should
be met within the ground floor wall area and for glass doorway openings to the
ground level. Up to 50 percent of the required ground floor window area on a
particular street- facing building elevation may be met on an adjoining building
elevation when the adjoining elevation is also street - facing and set back ten feet or
less.
b. Building Facades
No building facade should /shall extend for more than 300 feet without a pedestrian
connection between or through the building. Facades that face a public street
should /shall extend no more than 50 feet without providing at least one of the
following features:
(1) A variation in building material;
(2) A building off -set of at least one foot;
(3) A wall area that is entirely separated from other wall areas by a projection,
such as an arcade; or
(4) By other design features that reflect the building's structural system.
c. Weather Protection
Weather protection for pedestrians, such as awnings, canopies and arcades
should /shall be provided at building entrances. Weather protection is encouraged
along building frontages abutting a public sidewalk or a hard - surfaced expansion of
Woodburn Development Ordinance Draft May 13, 2013 Section 3.107 Page 17
a sidewalk, and along building frontages between a building entrance and a public
street or access way. Awnings and canopies shall not be illuminated internally.
d. Building Materials
Corrugated metal, plywood, sheet press board or vinyl siding should /shall not be
used as exterior finish material. Plain concrete block and plain concrete
should /shall not be used as exterior finish material, except as a foundation material
where the foundation material should /shall not be revealed for more than two feet.
e. Roofs and Roof Lines
Except in the case of a building entrance feature, roofs should /shall be designed as
an extension of the primary materials used for the building and should respect the
building's structural system and architectural style. False fronts and false roofs
should /shall not be used.
f. Roof - Mounted Equipment
All roof - mounted equipment, except solar collectors, shall be screened from view
by:
(1) Locating roof - mounted equipment below the highest vertical element of the
building, or
(2) Screening roof - mounted equipment using materials of the same character as the
structure's basic materials.
3.107.10 Industrial Zones
A. Applicability
The following design guidelines shall apply to all structures and buildings in the IP, IL and
SWIR zones.
B. Design Guidelines
1. Building Bulk and Scale
Long blank walls abutting streets should be avoided. The visual impact of building and
scale should be reduced by:
a. Articulating building facades;
b. Landscaping the area abutting building walls, including plant materials that provide
vertical accents;
c. Tying building entrances to the overall mass and composition of the building;
d. Minimizing the use of smooth concrete, concrete block and all types of metal
siding;
e. Shading colors with brown or black to create earth tones or tinting colors with
white to soften the appearance. Day -glow, fluorescent and other intense colors
shall be prohibited;
Woodburn Development Ordinance Draft May 13, 2013 Section 3.107 Page 18
f. Screening exterior building equipment, including roof top equipment, from view;
and
g. Altering roof lines, constructing cornices, or parapets that offset the continuous
plane of large buildings and extended building lines.
2. Loading
a. Loading facilities should be located at the rear or side of structures.
b. The visual impact of loading facilities abutting a street should be mitigated by:
(1) Offsetting the location of the driveway entrance and the loading dock; and
(2) Screening the loading area with a sight- obscuring fence, wall or hedge.
c. Loading areas should be located on the site so that backing onto or off the street
frontage is not required.
3. Outdoor Lighting
All outdoor lighting should be designed so as not to shine or reflect into any adjacent
residentially zoned or used property, and shall not cast a glare onto moving vehicles on
any public street.
4. Solar Access Protection
Obstruction of existing solar collectors on abutting properties by site development
should be minimized.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.107 Page 19
3.108 Partitions and Subdivisions
3.108.01 Requirements
All partitions and subdivisions shall comply with the standards of ORS Chapter 92 and the
Woodburn Development Ordinance.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.108 Page 1
3.109 Planned Unit Developments
The purpose of this Section is to establish the requirements for Planned Unit Developments.
Planned Unit Developments, or PUDs, provide flexibility when developing properties with
unique topographic, geotechnical, or other constraints. They also allow innovative design
options for larger projects — especially those that integrate commercial and residential
components.
3.109.01 Types of PUD's
3.109.02 Flexible Standards
3.109.01 Types of PUD's
A. Single - Family Residential PUD
A "Single- Family Residential PUD" shall consist entirely of property zoned RS, RSN, or
R1S. All uses allowed (permitted, special, conditional, specific conditional and accessory)
by the underlying zone shall be allowed through the PUD process.
B. Mixed -Use PUD
A "Mixed -Use PUD" shall include land in more than one zone. Land can be zoned RM,
RMN, CO, NNC, CG, MUV, SWIR, IP or IL, and may include land zoned RS, RSN, or
RIS. All uses allowed (permitted, special, conditional, specific conditional and accessory)
by the underlying zone shall be allowed through the mixed -use PUD process.
3.109.02 Flexible Standards
The design of a PUD plan may be flexible to the extent that it provides for the following design
elements, in compliance with stated minimum standards. The minimum standards of the WDO
stated below shall supersede the standards of the underlying zone for a PUD, except the
standards of the Nodal Overlay Districts, Section 2.105.04, shall supersede the standards of
Section 3.109.02.13, C, and F.
A. Minimum PUD Site Area
A PUD shall comprise a minimum of five acres under single ownership or control.
B. Minimum Lot Standards in an RS zone
The minimum single family dwelling lot area shall be as follows:
a. Without common open space:
(1) 6,000 square feet for an interior, flag or cul -de -sac lot; and
(2) 8,000 square feet for a corner lot
(3) subject to the dimensional standards of Section 2.102
Woodburn Development Ordinance Draft May 13, 2013 Section 3.109 Page 1
b. With common open space:
(1) 5,000 square feet for an interior lot, flag or cul -de -sac, subject to the
dimensional standards of Section 2.102, except for the following modified
standards:
(a) Minimum lot width: 55 feet
(b) Minimum average lot depth: 90 feet, and
(2) 7,000 square feet for a corner lot, subject to the dimensional standards of
Section 2.102, except for the following modified standards:
(a) Minimum lot width: 75 feet
(b) Minimum average lot depth: 90 feet
2. The minimum duplex dwelling lot size, as a Special Use, shall be as follows:
a. Without common open space: 12,000 square feet
b. With common open space: 10,000 square feet
C. Residential Density Standards
1. RS or R1 S zone:
The maximum residential density shall be six dwelling units per gross acre.
2. RM, CO, CG, or MUV zone
The maximum residential density shall be as follows:
a. Multiple - Family: 16 dwelling units per net acre
b. Group Home or Group Care Facility: 32 living units per net acre
c. Manufactured dwellings in a Manufactured Dwelling Park: 12 dwelling units per
net acre
D. Common Ownership of Land and Facilities Within Any Zone
1. A Property (Home) Owners Association and CC &R's for maintenance shall be required
when a PUD includes common land or facilities.
2. Minimum Common Area
a. RS, RSN, or R1 S zone
(1) No minimum common area shall be required when residential density is four
dwellings or less per gross acre.
(2) When common area is provided, a minimum ratio of 0.1 acre per acre of PUD
shall be required.
(3) A minimum of 0.5 acres of common area shall be required when a common
area is provided. The minimum width of a common area shall average 100
feet.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.109 Page 2
(4) Common areas shall be one or more of the following types:
(a) Natural Areas
Natural areas shall be significant natural resources, including wetlands,
creek corridors, woodlands, floodways, and meadows conserved in a
virtually undeveloped state. The intent of any man -made improvements
should be to enhance opportunities for viewing, studying and other
measures to increase the passive enjoyment of the natural setting.
Improvements may include paths, educational signs, and viewpoints.
(b) Activity Areas
Activity areas shall be common open space designated, designed and
improved for active recreational use. Improvements should accommodate
and stimulate active use and may include playgrounds, swimming pools,
tennis courts, barbeques and picnic facilities.
(c) Landscaped Areas
Landscaped areas are areas of common open space that are designed and
improved for passive use and visual enhancement. Typical improvements
include lighted paths, benches, fountains and other water features, signs
identifying plant materials, and formal and informal gardens.
3. Medium Density Residential Buildings
The applicable open space and common area requirements of Section 3.107 shall apply.
4. All Other Uses
The common area requirements of the underlying zone shall apply.
E. Architectural Review
If the decision -maker finds that the Covenants, Conditions and Restrictions (CC &R's)
comprehensively address the intent of all applicable factors in Section 3.107, the decision -
maker may approve the CC &R's to supersede City architectural design review requirements,
Section 3.107, and procedures, Section 5.101.
F. Dimensional Standards
The minimum setback for a yard abutting a street in an RS, RSN, or R1 S zone shall be
10 feet.
2. The minimum setback for an interior rear yard in an RS, RSN, RI S, RM or RMN zone
shall be 20 feet.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.109 Page 3
3.110 Signs
3.110.01
Purpose
3.110.02
Applicability
3.110.03
Computation of Sign Area
3.110.04
Definitions
3.110.05
Sign Permit Required
3.110.06
General Requirements
3.110.07
Signs Exempt From Permit Requirements
3.110.08
Prohibited Signs
3.110.09
Temporary Signs
3.110.10
Permanent Sign Allowances
3.110.11
Nonconforming Signs
3.110.12
Electronic Changing Image Signs
3.110.01 Purpose
A. To the maximum extent permitted by the U.S. and Oregon Constitutions, the purpose of
these regulations is to preserve and improve the appearance of the City and to eliminate
hazards to pedestrians and motorists brought about by distracting sign displays. The
regulations for signs have the following specific objectives:
1. To ensure that signs are designed, constructed, installed and maintained according to
minimum standards to safeguard life, health, property and public welfare;
2. To allow and promote positive conditions for sign communication, while at the same
time avoiding nuisances to nearby properties;
3. To reflect and support the desired character and development patterns of the various
zones and overlay zones and promote an attractive environment;
4. To allow for adequate and effective signs in commercial and industrial zones, while
preventing signs from dominating the appearance of the area;
5. To improve pedestrian and traffic safety; and
6. To ensure that the constitutionally guaranteed right of free speech is protected.
B. The regulations allow for a variety of sign types and sizes for a site. The provisions do not
ensure or provide for every property or business owner's desired level of visibility for the
signs. The sign standards are intended to allow signs to have adequate visibility from streets
that abut a site, but not necessarily to streets farther away.
3.110.02 Applicability
These regulations apply to signs located within the City. The application of these regulations in
no way limits the power of the City to enact other ordinances related to signs.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110 Page 1
3.110.03 Computation of Sign Area
A. The area of freestanding signs and wall signs with one or more cabinets is the area of the
display surface.
B. The area of wall signs composed of individual elements, including, but not limited to,
channel letters or painted letters or images, is the area of three rectangles around and
enclosing the entire message or image.
• 01 1
Figure 3.11 OA — Three Rectangles Enclose Figure 3. 11 O — Three Rectangles Enclose
the Message or Image the Message or Image
C. The area of A -frame signs is computed by the measurement of one of the faces.
D. The area of freestanding and projecting signs is computed by the measurement of one of the
faces when two display faces are parallel or within 30 degrees of being parallel to each
other, and are part of the same sign structure. For any sign that has two display surfaces that
do not meet these criteria, or has more than two display surfaces, each surface shall be
included when determining the area of the sign.
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Figure 3.110C — Sign Faces Less than 30 Figure 3.110D — Sign Faces More than 30
Degrees Apart Degrees Apart
E. Where a sign is of a three- dimensional, round or irregular solid shape, the largest
cross - section shall be used in a horizontal projection for the purpose of determining sign
area.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110 Page 2
n 4V
Sign Area
Figure 3.110E — Area of a Three- Dimensional Sign
F. Sign area shall not include embellishments such as pole covers, decorative roofing,
foundation or supports, provided there are no words, symbols or logos on such
embellishments.
3.110.04 Definitions
Words used in the WDO have their normal dictionary meaning, unless they are specifically
defined by the WDO.
Awning: A shelter projecting from, and supported by, the exterior wall of a building on a
supporting framework. The awning may be constructed of rigid or non -rigid materials.
Bench: A seat located upon or adjacent to public property, for the use of a combination of
passersby or persons awaiting transportation.
Building Code: The most current edition of the Oregon State Structural Specialty Code.
Canopy: A permanent unenclosed roof structure for the purpose of providing shelter to patrons
in automobiles.
Complex: Any group of two or more buildings, or individual businesses within a single building,
provided at least two of the businesses have separate exterior entrances, on a site that is planned
and developed to function as a unit and which has common on -site parking, circulation and
access. A complex may consist of multiple lots or parcels that may or may not be under
common ownership.
Display Surface: The area made available by the sign for the purpose of displaying a message or
image. The display surface includes the area of the message or image and the background.
Facade: The exterior face or wall of a building.
Fluorescent (color): Strikingly bright, vivid, or glowing.
Glare: Illumination of a sign that either directly, or indirectly from reflection, causes
illumination on other properties or rights -of -way in excess of a measurement of 0.5 foot - candles
of light, measured at the property line.
Height: Height is measured from the lowest point of the grade below the sign (excluding
artificial berm) to the topmost point of the sign.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110 Page 3
Marquee: A permanent roofed structure attached to, and supported by, a building, and projecting
out from a building wall, or over public access, but not including a canopy or awning.
Premises: The land and buildings contained within the boundaries of a single- tenant site or
complex.
Sign: Materials placed or constructed, or light projected, that (1) conveys a message or image
and (2) is used to inform or attract the attention of the public. Signs, materials, or lights meeting
this definition are commonly referred to as signs, placards, A -frame signs, posters, billboards,
murals, diagrams, banners, pennants, flags, or projected slides, images or holograms. The scope
of the term "sign" does not depend on the content of the message or image conveyed. Specific
definitions for signs regulated in Section 3.110 include the following:
A -Frame Sign: A double -faced temporary sign constructed with an A- shaped frame,
composed of two sign boards attached at the top and separate at the bottom, not permanently
attached to the ground, but secured to the ground or sufficiently weighted to prevent the sign
from being blown from its location or easily moved.
A -frame
sign
Figure 3.110F — A -Frame Sign
Awning Sign: A sign attached to, or incorporated into, an awning.
Balloon: An inflatable device less than 36 inches in its greatest dimension and anchored by
some means to a structure or the ground.
Banner Sign: A sign made of fabric or other non -rigid material with no enclosing
framework.
Bench Sign: A sign on an outdoor bench.
Blimp: An inflatable device 36 inches or greater in its greatest dimension and anchored by
some means to a structure or the ground.
Changing Image Sign: A sign designed to accommodate routine changes of copy, images,
or patterns of lights. Such signs include, but are not limited to, electronic signs
incorporating LED, LCD, plasma, or projected light displays, and in or manual
changeable -copy signs.
Drive - Through Sign: A sign located adjacent to the driveway leading to a drive - through
window and not legible from the public right -of -way. Such signs typically display menus or
other information to drive- through customers.
Woodburn Development Ordinance
Draft May 13, 2013 Section 3.110 Page 4
Externally Illuminated Sign: A sign where the light source is separate from the sign and is
directed so as to shine on the exterior of the sign.
Flag: A sign made of fabric or other similar non -rigid material, supported or anchored along
only one edge or supported or anchored at only two corners.
Flashing Sign: A sign incorporating intermittent electrical impulses to a source of
illumination or revolving in a manner which creates the illusion of flashing, or which
changes colors or intensity of illumination more frequently than specified in Section
3.110.12.A.
Freestanding Sign: A sign wholly supported by a sign structure in the ground.
Freestanding signs include, but are not limited to, monument signs, pole signs, A -frame
signs, and lawn signs.
Illuminated Sign: A sign that incorporates light- emitting elements on or within the sign, or
that is lit by external light sources directed at the sign.
Internally Illuminated Sign: A sign where the light source is contained within the sign and
is directed so as to shine on the interior of the sign.
Lawn Sign: A temporary freestanding sign made of weather- resistant lightweight materials,
that is supported by a frame, pole, or other support structure placed directly in the ground
without foundation or other anchor.
Lawn -
Lawn
sign sign
Figure 3.110G — Lawn Signs
Monument Sign: A freestanding sign that is placed on a solid base that extends a minimum
of one foot above the ground and extends at least 75 percent of the length and width of the
sign. The aboveground portion of the base is considered part of the total allowable height of
a monument sign. A monument sign less than 8 feet high need not have a solid base.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110 Page 5
Pole sign
Monument
sign
Figure 3.110H — Pole and Monument Signs
Moving Sign: A sign, EXCEPT a flag, balloon, or pennant, in which the display surface
changes orientation or position. Moving signs include, but are not limited to, rotating signs,
pinwheels, wind socks, and blimps.
Nonconforming Sign: A sign lawfully established prior to the adoption of current standards
or a sign lawfully established on property annexed to the City, which does not conform to
the current sign standards.
Pennant: A lightweight plastic, fabric, or other material, whether or not containing a
message of any kind, suspended from a rope, wire, or string, usually in a series, designed to
move in the wind.
Permanent Sign: Any sign other than a temporary sign.
Pole Sign: A freestanding sign which exceeds eight feet in height.
Portable Sign: A sign that is not affixed to a structure or the ground in a permanent manner
and that may be moved easily from place to place.
Projecting Sign: A sign, other than a wall sign, that projects from, and is supported by, a
roof or wall of a building or structure and is generally at right angles to the building.
Roof sign: Any sign erected upon, or extending above or over, the eave or roof of any
building or structure. A sign erected upon a roof which does not vary more than 20 degrees
from vertical shall be regulated as a wall sign.
Roof sign .- prohibited
(Roof is more than
degrees from vertical.)
IRMO iz - allowed
degrees (Roof is 20
less from vertical.)
Figure 3.110I — Roof and Wall Signs
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110
Page 6
Subdivision Sign: A sign located on land in a recorded subdivision containing four lots or
more.
Suspended Sign: A sign suspended from the underside of a canopy, awning, arcade,
marquee, or other roofed open structure and oriented to pedestrian traffic.
Temporary Sign: A sign that is not permanently affixed or attached to a building, structure,
or the ground. Temporary signs include, but are not limited to, A- frames, banners, flags,
pennants, balloons, blimps, streamers, lawn signs, and portable signs.
Unsafe sign: A sign constituting a hazard to safety or public welfare by reason of inadequate
maintenance, dilapidation, obsolescence, disaster, damage, abandonment or inability to meet
lateral or vertical loads, as determined by the City of Woodburn Building Official.
Wall Sign: Any sign attached to, or erected against, the wall of a building or structure, or
attached to, or erected against, a roof which does not vary more than 20 degrees from
vertical, with the exposed face of the sign in a plane parallel to the plane of the wall or roof,
and which does not project more than 18 inches from the wall or roof.
Window Sign: A sign that is placed inside a building (such as placement on a windowsill),
within six inches of a window, or attached to the inside of a window.
Sign Maintenance: Normal care needed to keep a sign functional, such as painting, cleaning,
oiling, and changing light bulbs. Maintenance does not include an alteration to the sign.
Sign Repair: Fixing or replacement of broken or worn parts. Replacement includes comparable
materials only. Repairs may be made with the sign in position or with the sign removed.
Sign Structure: The structure, supports, uprights, braces, framework and display surfaces of a
sign.
Single- tenant Site: A development that is not a complex.
Structural Alteration: Modification of a sign or sign structure that affects size, shape, height, or
sign location; changes in structural materials; or replacement of electrical components with other
than comparable materials. The replacement of wood parts with metal parts, the replacement of
incandescent bulbs with light emitting diodes (LED), or the addition of electronic elements to a
non - electrified sign are examples of structural alterations. Structural alteration does not include
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110 Page 7
Figure 3.110) — Wall Sign on a Parapet
ordinary maintenance or repair, repainting an existing sign surface, including changes of
message or image, exchanging painted, pasted or glued materials on painted wall signs, or
exchanging display panels of a sign through release and closing of clips or other brackets.
3.110.05 Sign Permit Required
A. A sign permit is required to erect, replace, construct, relocate, or alter a sign, unless such
sign is exempt under Section 3.110.07. To initiate consideration of a sign permit, a
complete City application, accompanying information, and a filing fee must be submitted to
the Director. The Director shall issue a sign permit if the applicant demonstrates compliance
with all provisions of Section 3.110.
B. Sign maintenance, sign repair and the changing of a sign display surface is allowed without
obtaining a sign permit, so long as structural alterations are not made and the sign display
surface is not altered in shape or size.
C. If a building permit is required to erect the sign, the sign permit approval shall expire at the
same time the building permit expires. If a building permit is not required to erect the sign,
the sign permit approval shall expire 180 days from the date of approval, unless substantial
construction of the sign has occurred.
3.110.06 General Requirements
A. Location: No portion of a freestanding sign shall be located less than five feet from any
boundary property line or in the special setback area established by Section 3.103.05.
B. Sign Maintenance: Signs and sign structures together with their supports, braces, guys,
anchors and electrical components must be maintained in a proper state of repair. The
Director may order the removal of any sign or sign structure that is not maintained. Signs
and sign structures that are dangerous must be taken down and removed or made safe, as the
Director deems necessary.
C. Signs shall be constructed of weather - resistant material, such as combinations of metal,
plastic, natural wood, and glass. Plywood, oriented strand board (OSB) and fiberboard are
not considered weather - resistant materials. Paper products such as construction paper,
poster board, and cardboard are not considered weather - resistant materials and are not
allowed. Vinyl and cloth materials may be used only for temporary signs and awnings.
D. Each sign should be designed to be consistent with the architectural style of the main
building or buildings on the site. Signs should be designed to incorporate at least one of the
predominately visual elements of the building, such as type of construction materials or
color. The use of fluorescent colors or highly reflective materials is prohibited.
E. Supporting elements of pole signs shall be covered, consistent with subsection (D) above.
The total width of pole covers shall be at least 30 percent of the sign display width.
F. Freestanding signs shall appear to be a single unit and shall not have separate or detached
cabinets or display surfaces that are not architecturally integrated into the primary display
surface.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110 Page 8
3.110.07 Signs Exempt From Permit Requirements
The following are exempt from application and permit requirements of this Section, but are
subject to other applicable portions of this Section and the City Code and may require building
and electrical permits:
A. Signs that are inside a building, except window signs, or signs that do not have a primary
purpose of being legible from a public street or another property. Such signs include, but
are not limited to, scoreboard signs, signs on the inside of ball field fences, signs within a
stadium, and signs located within the site of a special event, such as a festival or carnival.
B. Signs required by federal, state, or City law on private property, except signs regulated by
ORS 646.930 (Motor vehicle fuel prices; requirements for display), if the sign is no more
than six square feet in area. Such signs include building addresses, handicap parking signs,
designation of fire lanes, public hearing notices, and directional signs.
C. Signs owned and maintained by federal or state agencies or by the City of Woodburn.
D. Signs lawfully erected in the public right -of -way in accordance with applicable state and
local laws and regulations, including public utility signs, traffic signs and traffic control
devices.
3.110.08 Prohibited Signs
The following signs and advertising devices are prohibited:
A. A sign located on the roof of any building or structure
B. A sign in public rights -of -way except awning, projecting, wall, and suspended signs
projecting over a public right -of -way in conformity with Section 3.110, unless specifically
allowed under 3.110.01 or exempt under Section 3.110.05
C. Internally illuminated awning sign
D. A permanent sign located on an undeveloped lot or parcel, except subdivision signs
E. A beacon light, searchlight, strobe light or a sign containing such lights
F. Neon tubing on the exterior of a building
G. A sign that imitates or resembles official traffic lights, signs or signals, or a sign that
interferes with the effectiveness of any official traffic light, sign or signal
H. An illuminated sign that produces glare
I. A sign rerquiring a sign permit, but for which no sign permit has been issued
J. A sign with visible incandescent bulbs or fluorescent tubes or a sign with a visible direct
source of illumination, except neon, light- emitting diodes, or plasma displays, and not
otherwise allowed under Section 3.110.10 or exempt under Section 3.110.07
K. An unsafe sign or a sign that constitutes a public nuisance
L. A sign that incorporates flames or emits sounds or odors
M. A sign supported in whole or in part by cables or guy wires, or that has cables or guy wires
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110 Page 9
extending to or from it
N. Blimps
O. Signs attached to utility poles or boxes, except those attached by the utility
P. Flashing signs
Q. Moving signs
R. Changing image temporary signs
S. Flags with an aspect ratio (hoist to fly, or height to width) greater than 1:1
0.6:1 (allowed) 1:1 (allowed)
Figure 3.110K — Aspect Ratio of Flags
3.110.09 Temporary Signs
A. Certain temporary signs that are not otherwise exempt under Section 3.110.07 may be
approved for a limited period of time as a means of drawing attention to special events such
as grand openings, carnivals, charitable events, seasonable openings, special promotions,
etc. Approval of a Temporary Sign Permit application shall be required prior to placement
of such signs.
B. The Director shall approve an application for a Temporary Sign Permit only if it complies
with the following approval criteria:
1. The following types of temporary signs are permitted with a Temporary Sign Permit:
A- frames, banners, flags, pennants, balloons, strings of lights, streamers, and lawn
signs. Temporary sign types not specified above, including other types of portable
signs and blimps, are not permitted with a Temporary Sign Permit.
2. An owner or tenant of an individual property, a tenant in a complex, and the owner of a
complex may obtain Temporary Sign Permits.
3. No temporary sign shall obstruct on -site pedestrian or vehicular access or circulation.
4. Temporary Sign Permits shall be limited to a specified number of 15 -day periods per
calendar year. Said periods may run consecutively; however, unused days from one
period shall not be added to another period. The number of Temporary Sign Permits
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110 Page 10
5.5:1 (prohibited)
and maximum sign area shall be as follows:
Temporary Signs in the RM and P /SP Zones
Table 3.110.09A
Maximum
Maximum total
Maximum
Use
Type
Time
Number
sign area
height
(square feet)
(feet)
45 days before a
24
public election or the
time the election is
6
No individual
. Lawn: 7
called, whichever is
sign may exceed
• A- frame: 3
Lawn or A -frame
earlier, until seven
six square feet in
days after the election
area
Any
All other times of the
2
8
• Lawn: 7
use
year
• A- frame: 3
Decorations and
45 days before the
lights relating to
holiday or event, until
Unlimited
Unlimited
Unlimited
federal, state, or City
15 days after the
recognized events,
holiday or event
Exempt from application and permit requirements
seasons, or holidays I
Flags and window signs are listed with permanent signs, Table 3.110.10A.
Temporary Signs in the RS and R1S Zones
Table 3.110.09B
Maximum
Maximum total
Maximum
Use
Type
Time
Number
sign area
height
(square feet)
(feet)
45 days before a
24
public election or the
time the election is
6
No individual
• Lawn: 7
called, whichever is
sign may exceed
• A -frame: 3
Lawn or A -frame
earlier, until seven
six square feet in
days after the election
area
Any
All other times of the
2
8
• Lawn: 7
use
year
• A- frame: 3
Decorations and
45 days before the
lights relating to
holiday or event, until
Unlimited
Unlimited
Unlimited
federal, state, or City
15 days after the
recognized events,
holiday or event
Exempt from application and permit requirements
seasons, or holidays
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110 Page 11
I Temporary Signs in the RS and R1S Zones I
Table 3.110.098
1. Flags and window signs are listed with permanent signs, Table 3.110.10A.
2. Lawn signs and A -frame signs in the RS or R1 S zone may be located in the public right -of-
way provided that:
a. The signs shall be established by the property owner or property owner's agent;
b. No sign may be established in the right -of -way of a Major Arterial street;
c. Signs shall not be placed in vision clearance areas (Section 3.103.10) or in adjacent
rights -of -way;
d. Signs shall not be on or overhanging a travel or on- street parking lane;
e. Signs shall not be on or overhanging a sidewalk; and
f. No portion of a sign shall be less than three feet from the back of a curb.
Temporary Signs in Commercial and Industrial Zones
Table 3.110.09C
Maximum
Maximum
Maximum
15 -day
Use
Type
Number
total sign area
height (feet)
periods
(square feet)
All except
Unlimited
200
Lawn: 7
4
A -frame
Single- tenant
nonresidential
• 1 in the DDC
site
A -frame
zone
8
3
Unlimited 1
• 2 in all other
zones
All except
Unlimited
100
Lawn: 7
4 2
Individual
A -frame
tenant in a
• 1 in the DDC
nonresidential
A -frame
f
zone
8
3
1
Unlimited
complex
- 2 in all other
zones
Nonresidential
All except
Unlimited
200
Lawn: 7
4
complex with
A -frame
less than 20
tenant spaces
A -frame
Not allowed
Nonresidential
All except
Unlimited
400
Lawn: 7
6
complex with
A -frame
20 or more
tenant spaces
A -frame
Not allowed
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110 Page 12
Temporary Signs in Commercial and Industrial Zones
Table 3.110.09C
Use
Type
Maximum
Maximum
total sign area
Maximum
15 -day
Number
(square feet)
height (feet)
periods
Decorations
45 days before
and lights
the holiday or
relating to
Unlimited
Unlimited
Unlimited
event, until 15
federal, state,
days after the
Any use
or City
holiday or
recognized
event
events,
seasons, or
Exempt from application and permit requirements
holidays
1. A -frame signs in the DDC zone shall conform to the following standards.
a. The sign may be located on private property or in the public right -of -way.
b. The sign shall not exceed three feet in width, three feet in height, and nine square feet in
area.
c. The sign shall be at least one foot from the curb so as to not interfere with on- street
parking,
d. A minimum access width of four feet shall be maintained along all sidewalks and
building entrances accessible to the public. Signs should be placed either next to the
building or at the curbside by a street tree, bench, or other public amenity so as to not
block on- street parking.
e. The sign permit shall be revocable in case of noncompliance.
f. The sign shall not be placed in a vision clearance area (Section 3.103.10) or in adjacent
rights -of -way.
g. The sign shall be utilized only during business hours and shall be removed during
non - business hours.
h. The sign shall not be illuminated.
i. The sign owner shall assume all liability for incidents involving the sign by signing a
document exempting the City from liability.
2. Temporary signs for an individual tenant in a complex, except A -frame signs, shall be
limited to banners and flags on the exterior walls and windows of the individual tenant
space.
1 3. Flags and window signs are listed with permanent signs, Tables 3.110.1013-E.
3.110.10 Permanent Sign Allowances
Permanent signs shall not exceed the number, size, or height specified in the following tables,
and shall comply with the other regulations noted in the following tables.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110 Page 13
Permanent Signs in RS, RSN, R1S, RM, RMN, and P /SP Zones
Table 3.110.10A
Monument Signs
Use
Allowance
. Maximum 1
Non - residential use, less than 3 acres
• Maximum 8 feet high
. Maximum 20 square feet
• Maximum 1 per street frontage
Non - residential use, 3 acres or more
• Maximum 2 signs
. Maximum 8 feet high
• Maximum 32 square feet each
• Maximum 1
Multiple - family dwellings
• Maximum 8 feet high
• Maximum 20 square feet
• Maximum 1 on each side of the entrance from a
public street
Subdivision with more than 4 lots or
• Maximum 2 monument or wall signs total per
mobile home park with more than 4 spaces
public street entrance
• Maximum 8 feet high
• Maximum 20 square feet each
Wall Signs
Use
Allowance
Non - residential use, less than 3 acres
• Maximum 1
. Maximum 20 square feet
• Maximum 1 per wall facing a public street
Non - residential use, 3 acres or more
• Maximum 2 signs
• Maximum 32 square feet each
. Maximum 2
Single- family dwellings
• Maximum 3 square feet total
. Exempt from application and permit requirements
. Maximum 1
. Maximum 20 square feet
• Allowed by permit
Multiple - family dwellings
• Maximum 2
• Maximum 3 square feet total
• Exempt from application and permit requirements
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110 Page 14
Permanent Signs in RS, RSN, R1S, RM, RMN, and P /SP Zones
Table 3.110.10A
• Maximum 1 on each side of the entrance from a
public street
Subdivision with more than 4 lots or
• Maximum 2 monument or wall signs total per
mobile home park with more than 4 spaces
public street entrance
. Maximum 20 square feet each
• Allowed on freestanding walls only
Flags
• Maximum 1 per dwelling unit
Individual dwelling units in multiple-
• Maximum 16 square feet
family dwellings
• Must be attached to the dwelling unit
• Exempt from application and permit requirements
• Maximum 3
All other uses, including multiple- family
. Maximum 40 square feet each
dwellings
• Maximum 40 feet high
• Exempt from application and permit requirements
Window Signs
• Maximum 50 percent of window area on each facade
• Exempt from application and permit requirements
Bench Signs
• Maximum 1 square foot per bench
• Exempt from application and permit requirements
1. Pole, awning, marquee, canopy, projecting, and suspended signs are not allowed.
2. Changing image is allowed on monument signs only, up to 65 percent of the sign area, for
nonresidential uses only.
3. Externally illuminated signs are allowed. Internally illuminated signs are not allowed,
except for changing -image signs.
4. A sign on a freestanding wall shall not project above the wall.
5. Non - residential complexes with two or more buildings and multiple - family residential
complexes with four or more buildings are allowed one additional sign per street access.
Such signs shall be located a minimum of 50 feet from the public right -of -way. Each sign
shall be limited to a maximum area of 24 square feet. Freestanding signs shall be limited to
a maximum height of eight feet. Such signs typically display a directory or map of the
complex.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110 Page 15
Permanent Signs in the CG Zone
Table 3.110.10E
Pole Signs 1
Frontage I Freeway Overlay (See Figure 3.110L) I Elsewhere
Less than 100 Not allowed Not allowed
feet
100 -299 feet
1300 -599 feet
600- 999 feet
1,000 -1,199
feet
1,200 feet or
more
• Maximum 1 per single- tenant site or
complex
• Maximum 45 feet high
• Maximum 200 square feet or 4.5 square
feet per foot of actual height, whichever
is less
• Maximum 1 per single- tenant site or
complex
• Maximum 45 feet high
• Maximum 200 square feet or 4.5 square
feet per foot of actual height, whichever
is less
• Maximum 1 per single - tenant site
or complex
• Maximum 20 feet high
*Maximum 32 square feet (single
tenant)
• Maximum 50 square feet
(complex)
• Maximum 1 per single- tenant site
or complex
• Maximum 20 feet high
• Maximum 50 square feet (single
tenant)
• Maximum 75 square feet
(complex)
• Maximum 1 per single- tenant site or
complex
• Maximum 45 feet high
• Maximum 300 square feet or 6.7 square
feet per foot of actual height, whichever
is less
• Maximum 1 per single- tenant site or
complex
• Maximum 45 feet high
• Maximum 550 square feet or 12.3
square feet per foot of actual height,
whichever is less
• Maximum 1 per single- tenant site
or complex
• Maximum 20 feet high
• Maximum 100 square feet
• Maximum 1 per single- tenant site or
complex
• Maximum 45 feet high
• Maximum 850 square feet or 18.9 square
feet per foot of actual height, whichever
is less
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110 Page 16
Permanent Signs in the CG Zone
Table 3.110.108
Monument Signs 1
Frontage
Allowance
• Maximum 1 per frontage on the same street
1 -299 feet
• Maximum 4 signs per single- tenant site or complex.
• Maximum 8 feet high
• Maximum 32 square feet each
300 feet or
• Maximum 1 per single- tenant site or complex
• Maximum 8 feet high
more
. Maximum 100 square feet
Wall Signs
• Minimum 20 square feet
• Maximum 6 percent of facade or 200 square feet, whichever is less
• Allowance increases by 50 percent if the wall is more than 200 feet from the public
right -of -way
Awning or Marquee Signs
• Deemed wall signs
• Shall not extend above or below the awning or marquee
Canopy Signs
• Maximum 2 sides of canopy
• Maximum 15 percent of canopy face or 50 square feet, whichever is less
Projecting Signs
• Not allowed on a site or complex with a pole or monument sign
• Maximum 1 per single- tenant site or complex
• Minimum 8 feet above ground
• Maximum 24 square feet
• Maximum 6 foot projection
Suspended Signs
• Maximum 1 at each entrance to a building or tenant space
• Shall not project past the outer edge of the roof structure
• Minimum 8 feet above ground
• Maximum 6 square feet
Drive - through Signs
• Maximum 2
• Maximum 8 feet high
• Maximum 8 feet wide
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110 Page 17
Permanent Signs in the CG Zone
Table 3.110.10B
Flags
• Maximum 2
• Maximum 40 square feet each
• Maximum 40 feet high
• Exempt from application and permit requirements
Window Signs
• Maximum 50 percent of window area on each facade
• Exempt from application and permit requirements
Signs on Phone Booths and Product Dispensers
• Maximum 3 square feet on an individual unit
• Exempt from application and permit requirements
Bench Signs
• Maximum 1 square foot per bench
• Exempt from application and permit requirements
1. A monument sign may not be established on the same frontage as a pole sign.
2. Changing image is allowed on freestanding signs only, up to 50 percent of the total sign
area.
3. Externally or internally illuminated signs — except internally illuminated awnings — are
allowed.
4. For signs regulated by ORS 646.930 (Motor vehicle fuel prices; requirements for display),
an additional 32 square feet may be incorporated into another sign, or may be installed as a
separate wall or monument sign. The fuel price display area of such signs may be
electronic changing- image. If the price of four or more fuel products is required to be
displayed, the additional allowance shall be 42 square feet.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110 Page 18
Permanent Signs in the CO Zone
Table 3.110.10C
Monument Signs
• Maximum 1 per street frontage, 2 total
• Maximum 8 feet high
• Maximum 32 square feet each
Wall Signs
• Maximum 1 per tenant plus 1 to identify each building or complex
• Maximum 4 percent of facade area
Drive - through Signs
• Maximum 2
• Maximum 8 feet high
• Maximum 8 feet wide
Flags
• Maximum 2
• Maximum 40 square feet each
• Maximum 40 feet high
• Exempt from application and permit requirements
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110 Page 19
Figure 3.110L — Freeway Overlay
Permanent Signs in the CO Zone
Table 3.110.10C
Window Signs
• Maximum 50 percent of window area on each facade
• Exempt from application and permit requirements
Signs on Phone Booths and Product Dispensers
• Maximum 3 square feet on an individual unit
• Exempt from application and permit requirements
Bench Signs
• Maximum 1 square foot per bench
• Exempt from application and permit requirements
1. Pole, awning, marquee, canopy, projecting, and suspended signs, and changing -image signs
are not allowed.
2. Externally or internally illuminated signs are allowed.
Permanent Signs in the DDC, MUV and NNC Zones
Table 3.110.101)
Monument Signs
• Maximum 1 per single - tenant site or complex
• Maximum 8 feet high
• Maximum 20 square feet
Wall Signs
• Minimum 16 square feet
• Maximum 4 percent of facade or 50 square feet, whichever is less
Drive - through Signs
• Maximum 2
• Maximum 8 feet high
• Maximum 8 feet wide
Awning/Marquee Signs
• Deemed wall signs
• Shall not extend above or below the awning or marquee
Projecting Signs
• Not allowed on a frontage with a monument sign
• Maximum 1 per single- tenant site or complex
• Minimum 8 feet above ground
• Maximum 12 square feet
• Maximum 4 foot projection
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110 Page 20
Permanent Signs in the DDC, MUV and NNC Zones
Table 3.110.10D
Suspended Signs
• Only at entrance to a building or tenant space
• Minimum 8 feet above ground
• Maximum 6 square feet
• Shall not project past the outer edge of the roof structure
Flags
• Maximum 2
• Maximum 40 square feet each
• Maximum 40 feet high
• Exempt from application and permit requirements
Window Signs
• Maximum 50 percent of window area on each facade
• Exempt from application and permit requirements
Signs on Phone Booths and Product Dispensers
• Maximum 3 square feet on an individual unit
• Exempt from application and permit requirements
Bench Signs
• Maximum 1 square foot per bench
• Exempt from application and permit requirements
1. Pole and canopy signs are not allowed.
2. Externally or internally illuminated signs — except internally illuminated awnings — are
allowed.
3. Changing image is allowed on monument signs only, up to 50 percent of the total sign area.
4. For signs regulated by ORS 646.930 (Motor vehicle fuel prices; requirements for display),
an additional 32 square feet may be incorporated into another sign or may be installed as a
separate wall or monument sign. The fuel price display area of such signs may be electronic
changing- image. If the price of four or more fuel products is required to be displayed, the
additional allowance shall be 42 square feet.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110 Page 21
Permanent Signs in the IP, IL, and SWIR Zones
Table 3.110.10E
Monument Signs
• Maximum 1 per single- tenant site or complex
• Less than 300 feet of frontage
• Maximum 32 square feet
• Maximum 8 feet high
• Maximum 1 per single- tenant site or complex
• Maximum 1 additional if a complex has 2 street frontages
• 300 feet or more of frontage
over 300 feet each
• Maximum 50 square feet each
• Maximum 8 feet high
Wall Signs
• Minimum 16 square feet
• Maximum 4 percent of facade or 150 square feet, whichever is less
Awning/Marquee Signs
• Deemed wall signs
• Shall not extend above or below the awning or marquee
Projecting Signs
• Not allowed on a site with a monument sign
• Maximum 1 per single- tenant site or complex
• Minimum 8 feet above ground
• Maximum 20 square feet
• Maximum 4 foot projection
Suspended Signs
• Only at entrance to a building or tenant space
• Minimum 8 feet above ground
• Maximum 6 square feet
• Shall not project past the outer edge of the roof structure
Flags
• Maximum 2
• Maximum 40 square feet each
• Maximum 40 feet high
• Exempt from application and permit requirements
Window Signs
• Maximum 50 percent of window area on each facade
• Exempt from application and permit requirements
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110 Page 22
Permanent Signs in the IP, IL, and SWIR Zones
Table 3.110.10E
Signs on Phone Booths and Product Dispensers
• Maximum 3 square feet on an individual unit
• Exempt from application and permit requirements
Bench Signs
• Maximum 1 square foot per bench
• Exempt from application and permit requirements
1. Pole and canopy signs are not allowed.
2. At least 100 feet of separation is required between monument signs in the same complex.
3. Externally or internally illuminated signs — except internally illuminated awnings — are
allowed.
4. Changing image is allowed on monument signs only, up to 50 percent of the total sign area.
5. For signs regulated by ORS 646.930 (Motor vehicle fuel prices; requirements for display),
an additional 32 square feet may be incorporated into another sign or may be installed as a
separate wall or monument sign. The fuel price display area of such signs may be electronic
changing- image. If the price of four or more fuel products is required to be displayed, the
additional allowance shall be 42 square feet.
3.110.11 Nonconforming Signs
A. Nonconforming signs may remain, provided they comply with the provisions of this Section.
B. Nonconforming permanent signs shall comply with the provisions of Section 3.110 when
one or more of the following occurs:
1. A nonconforming sign is expanded, relocated, replaced or structurally altered. A
nonconforming sign may be reduced in area or height without losing nonconforming
status.
2. The use of the premises upon which the sign is located terminates for a continuous
period of 180 days or more. In a complex, if an individual tenant space is vacant for a
continuous period of 180 days or more, only signs attached to such tenant space shall be
required to comply with the provisions of Section 3.110.
3. The use of the premises upon which the sign is located changes. In a complex, if the
use of an individual tenant space changes, only signs attached to such tenant space shall
be required to comply with the provisions of Section 3.110.
4. A Conditional Use or Type III Design Review land use application is approved for the
premises upon which the sign is located. In a complex, if an individual tenant space is
the subject of a Conditional Use or Type III Design Review land use application, only
signs attached to such tenant space shall be required to comply with the provisions of
Section 3.110.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110 Page 23
5. A nonconforming sign is damaged, destroyed, or deteriorated by any means where the
cost of repairs exceeds 50 percent of its current replacement cost as determined by the
Building Official.
C. A nonconforming sign or sign structure may be removed for no more than 60 days to
perform sign maintenance or sign repair. A nonconforming sign or sign structure removed
for more than 60 days shall comply with the provisions of Section 3.110.
D. Mandatory Removal of Nonconforming Signs. All nonconforming signs shall be brought
into compliance with Section 3.110 by July 1, 2023 subject to the following:
1. Extension of Compliance Period. If the compliance period established by the above
provision of this section creates an exceptional hardship for the sign owner, the owner
may make an application for an extension of the compliance period, provided the
application is submitted before the expiration of such compliance period. For purposes
of this subsection, "owner" includes lessee.
2. Application. An application shall be submitted to the Director of Economic &
Development Services and shall be accompanied by the appropriate fee. The
application shall be in a form provided by the City.
3. Procedures. Applications for extension of an amortization period shall be heard by the
Planning Commission, which shall determine whether the application satisfies the
criteria set forth in this section. The Planning Commission may grant or deny the
extension, and impose such conditions as may be necessary to minimize the adverse
effects such extension may have upon surrounding properties. In granting an extension,
the Planning Commission shall determine the length of time for the extension. The
findings and the basis for the Planning Commission's decision shall be transmitted to
the applicant in writing. The decision of the Planning Commission may be appealed to
the City Council.
4. Criteria. In considering an application for an extension of the amortization period for a
nonconforming sign, the following criteria shall be applied:
a. The original cost of the sign;
b. The date the sign was constructed and located on the site;
c. The degree of deviation from the sign regulations;
d. Whether unusual circumstances concerning the sign's size, height, location or
nature are present, including, but not limited to, historical significance;
e. The nature of the exceptional hardship, and whether allowing an extension in light
of the hardship would be inconsistent with the intent of general sign compliance;
f. The effect of the nonconforming sign on the use, value, and enjoyment of
surrounding and neighboring properties;
g. The least amount of additional time required, if any, for the applicant to amortize
any unreasonable economic loss, over and above the compliance period already
permitted under this Section; and
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110 Page 24
h. Evidence that the sign has not been fully depreciated for federal income tax
purposes.
E. Exceptions. The following nonconforming signs shall not be subject to the compliance
period described in this Section:
1. Nonconforming signs that are within 10% of both the area (total and per sign) and the
height allowed under Section 3.110 and the sign otherwise conforms to Section 3.110
However, once a nonconforming sign is removed as described in this Section, any
replacement sign must comply in all respects to Section 3.110.
2. Nonconforming sign on property annexed into the City after January 1, 2023 shall
comply with Section 3.110 within two years of the property's annexation subject to the
right of an extension as provided in this Section.
3.110.12 Electronic Chanting Image Signs
A. Electronic changing image signs shall change from one display to another display in a
transition time of not more than two seconds. The display shall thereafter remain static for
at least the following intervals:
1. RS, R1 S, RM, and P /SP zones: 20 seconds.
2. DDC, CO, CG not in Freeway Overlay, IP, IL, and SWIR zones: eight seconds.
3. CG zone in Freeway Overlay: four seconds.
B. No portion of an electronic changing image sign shall be brighter than as follows:
1. During daylight hours from sunrise to sunset, luminance shall be no greater than 3,000
candelas per square meter.
2. At all other times, luminance shall be no greater than 500 candelas per square meter.
C. All electronic changing image signs shall be equipped with an automatic dimming feature
that accounts for ambient light levels.
Woodburn Development Ordinance Draft May 13, 2013 Section 3.110 Page 25
4.101 Decision - Making Procedures
This section provides the review and decision - making procedures by which all applications
relating to the use of land authorized by ORS Chapters 92, 197 and 227 are reviewed and
decided, as well as legislative enactments initiated by the City Council.
4.101.01 Application and Appeal Fees and Refunds
4.101.02 Assignment of Decision - Makers
4.101.03 Initiation of Applications
4.101.04 Completeness Review
4.101.05 120 -Day Rule
4.101.06 Conditions of Approval
4.101.07 Consolidated Applications
4.101.08 Ex -Parte Contacts, Personal Site Observations, Conflicts of Interest and Bias
4.101.09 Initiation of a Legislative Proposal
4.101.10 Legislative Hearing Process
4.101.11 Notice of Decision
4.101.12 Objections to Procedure
4.101.13 Pre - application Conference
4.101.14 Public Notices
4.101.15 Quasi - Judicial Hearing Process
4.101.16 Requests of Continuance and to Keep the Record Open
4.101.17 Types of Decisions
4.101.01 Application and Appeal Fees and Refunds
A. Fees: The City may adopt by ordinance or resolution, and revise from time to time, a
schedule of fees for applications, appeals and other services provided by City departments.
Fees shall be based upon the City's actual or average cost of processing the application or
conducting the appeal process, except where limited by State statute.
B. Payment: All fees shall be due and payable at the time the application or appeal is
submitted. No application or appeal shall be accepted without the proper fee being paid.
C. Refunds: Fees will only be refunded as provided in this subsection:
1. When a fee is paid for an application, which is later found by the Director to not be
required, the Director shall refund the fee.
2. When an error is made in calculating a fee, overpayment will be refunded.
3. In the event an applicant withdraws an application, the Director shall:
a. Refund 100 percent of application fee prior to deeming the application complete; or
b. Refund 50 percent prior to making the public notice; or
c. Make no refund after completing the public notice.
Woodburn Development Ordinance Draft May 13, 2013 Section 4.101 Page 1
4.101.02 Assignment of Decision - Makers:
The following City entity or official shall decide the following types of decisions:
A. Type I Decisions (Administrative): The Director shall render all Type I decisions. The
Director's decision is the City's final decision on a Type I application and this decision is
not appealable by any party through the City's land use process.
B. Type II Decisions (Quasi- Administrative): The Director shall render the City's decision on
all Type II applications, which are appealable to the City Council. The City Council may
call up a Type II decision for review on its own motion. The City Council's decision is the
City's final decision and is appealable to LUBA within 21 days after it becomes final.
C. Type III Decisions (Quasi - Judicial): The Planning Commission shall render all Type III
decisions EXCEPT for Type III design review, with or without a concurrent variance, which
shall be decided by the Design Review Board, if one has been created by the City Council.
A Type III decision is appealable to the City Council. The City Council may call up a Type
III decision for review on its own motion. The City Council's decision is the City's final
decision and is appealable to LUBA within 21 days after it becomes final.
D. Type IV Decisions (Quasi - Judicial): The Planning Commission shall hold an initial public
hearing on all Type IV permit applications before making a recommendation to the City
Council. The City Council shall then conduct a de novo public hearing. The City Council's
decision is the City's final decision on a Type IV application and is appealable to LUBA
within 21 days after it becomes final.
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 4.101.14). The City Council's decision is the City's final decision and is
appealable to LUBA within 21 days after it becomes final.
4.101.03 Initiation of Applications
A. The City Council may initiate any type of land use action by motion designating the
appropriate City department to complete and file the application.
B. An application for a land use action may only be initiated by the record property owner or
contract purchaser, the City Council or Planning Commission. If there is more than one
record owner, then the City will not accept an application without signed authorization from
all record owners.
4.101.04 Completeness Review
A. It is the responsibility of the applicant to demonstrate that all applicable criteria are satisfied.
Within 30 days of the date the application is first submitted, the Director may require
additional information to ensure all applicable approval criteria are addressed. In any event,
Woodburn Development Ordinance Draft May 13, 2013 Section 4.101 Page 2
the applicant is responsible for the completeness and accuracy of the application and all of
the supporting documentation. The City will not deem the application complete until all
information required by the Director is submitted and received, or the applicant requests in
writing that the application be deemed complete.
B. Within thirty days of receipt of the application, the Director shall review the application and
all information submitted with it and evaluate whether the application is complete. If the
application is incomplete, the Director shall notify the applicant in writing what information
is missing.
1. Upon receipt of a letter from the Director indicating the application is incomplete, the
applicant has 180 days within which to submit the missing information. If the applicant
submits the requested information within the 180 -day period, the Director shall again
verify whether the application, as augmented, is complete. Each such review and
verification shall follow the procedure prescribed in this Section.
2. If an incomplete application is not made complete within 180 days from the date it was
first filed it shall become void on the 181 day. If an application becomes void under
this subsection, the Director shall return all materials and refund the application fee as
outlined above (Section 4.101.01) to the applicant.
C. An application shall be deemed complete:
When the Director, within 30 days after the filing date, determines the application is
complete; or
2. On the 31st day after filing if the applicant refuses in writing to submit the missing
information; or
3. On the date that the applicant files the missing information if a notice of incompleteness
was given; or
4. On the 31st day for any application not previously deemed complete if no
incompleteness notice was given.
D. The approval standards which control the City's review and decision on a complete
application are those which were in effect on the date the application was first submitted.
4.101.05 120 -Day Rule
A. The City shall take final action on the application within 120 days of the date that the
application was deemed complete, unless the applicant extends the 120 day period. Any
continuance or extension of the record requested by an applicant shall result in a
corresponding extension of the 120 -day period.
B. When the 120 -day Rule is Not Applicable: The 120 -day rule does not apply to:
1. Any Type I decision;
2. Any application for an amendment to the City's comprehensive plan; or
3. Any application for a permit, the approval of which depends upon a Comprehensive
Plan amendment;
Woodburn Development Ordinance Draft May 13, 2013 Section 4.101 Page 3
4. Any application that is not wholly within the City's authority and control;
5. Any Type V decision, or
6. Any annexation.
4.101.06 Conditions of Approval
A. All City decision - making bodies have the authority to impose conditions of approval
reasonably related to impacts caused by the development or designed to ensure that all
applicable approval standards are, or can be, met on Type II, III and IV decisions except
annexation. All conditions of approval shall be clear and objective or if the condition
requires discretion shall provide for a subsequent opportunity for a public hearing.
B. Compliance with Conditions:
1. The applicant shall agree in writing that the applicant and successors shall be bound by
the conditions prescribed for approval of the development.
2. Failure to comply with any condition of approval shall be the basis for revocation of the
permit(s) and /or instituting code enforcement proceedings pursuant to the Section
4.102.10 and 4.102.11 and ORS 30.315.
4.101.07 Consolidated Applications
An applicant may request, in writing, to consolidate applications needed for a single
development project. Under a consolidated review, all applications shall be processed following
the procedures applicable for the highest type decision requested. It is the express policy of the
City that development review not be segmented into discrete parts in a manner that precludes a
comprehensive review of the entire development and its cumulative impacts.
4.101.08 Ex -Parte Contacts, Personal Site Observations, Conflicts of Interest and Bias
A. Declaration: Before the beginning of each hearing item, the chair shall ask the members of
that decision - making body if there are any declarations of any ex parte contacts, personal
site observations, conflicts of interest, or bias.
B. Ex- parte Contacts: Before rendering a decision, a member of the decision - making body
may not communicate, directly or indirectly, with any person interested in the outcome.
Should such communication occur, at the beginning of the hearing the member must:
Enter into the record the substance of the written or oral communication; and
2. Publicly announce the content of the communication and provide any person with an
opportunity to rebut the substance of the contact.
This rule does not apply to legislative proceedings or to communications between City staff
and a member of the decision - making body.
C. Personal Site Observations: A member of the decision - making body shall disclose into the
record any personal site observations, and provide any person with an opportunity to rebut
Woodburn Development Ordinance Draft May 13, 2013 Section 4.101 Page 4
the substance of this disclosure. This rule does not apply to legislative proceedings.
D. Conflicts of Interest: A member of the decision - making body shall review and observe the
requirements of the Government Standards and Practices Law. All potential and actual
conflicts of interest shall be publicly disclosed by the member and noted in the meeting
minutes. A member shall not participate as a member of the decision - making body in any
land use proceeding where the member has an actual conflict of interest.
E. Bias: All decisions in quasi-judicial matters shall be fair, impartial and based on the
applicable approval standards and the evidence in the record. A member of the decision -
making body who is unable to render a decision on this basis in any particular matter shall
refrain from participating in the deliberations or decision on the matter. This rule does not
apply to legislative proceedings.
4.101.09 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.
4.101.10 Legislative Hearing Process
A. Purpose: Legislative actions involve the adoption or amendment of the City's land use
regulations, comprehensive plan, Official Zoning Map, or some component of these
documents.
B. Planning Commission Recommendation:
The Planning Commission shall hold at least one public hearing before recommending
action on a legislative proposal. Any interested person may appear and provide written
or oral testimony on the proposal at or before the hearing. The Director shall notify the
Oregon Department of Land Conservation and Development (DLCD) at least 35 days
before the first hearing, or as required by the post - acknowledgment procedures of ORS
197.610 to 197.625, as applicable.
2. Once the Planning Commission hearing has been scheduled and noticed, the Director
shall prepare and make available a report on the legislative proposal at least seven days
before the hearing.
At the conclusion of the hearing, the Planning Commission shall adopt a
recommendation on the proposal to the City Council. The Planning Commission shall
make a report and recommendation to the City Council on all legislative proposals. If
the Planning Commission recommends adoption of some form of the proposal, the
Planning Commission shall prepare and forward to the City Council a report and
recommendation to that effect.
C. City Council Action: Upon receiving a recommendation from the Planning Commission on
a legislative action, the City Council shall hold at least one public hearing on the proposal.
Woodburn Development Ordinance Draft May 13, 2013 Section 4.101 Page 5
Any interested person may provide written or oral testimony on the proposal at or prior to
the hearing. At the conclusion of the hearing, the City Council may adopt, modify or reject
the legislative proposal, or it may remand the matter to the Planning Commission for further
consideration. If the decision is to adopt at least some form of the proposal, and thereby
enact or amend the City's land use regulations, comprehensive plan, Official Zoning Map or
some component of any of these documents, the City Council decision shall be enacted as an
ordinance.
D. Notice of Final Decision to DLCD: Not later than five working days following the City
Council's final decision, the Director shall mail notice of the decision to DLCD in
accordance with ORS Chapter 197.
4.101.11 Notice of Decision
The City shall send, by mail, a notice of all Type II, III and IV decisions to all persons with
standing, including the applicant, all persons who appeared either orally or in writing before the
close of the public record and any persons who requested notice of the decision. The notice of
decision shall include the following information:
A. The file number and date of decision;
B. The name of the applicant, owner and appellant (if different);
C. The street address or other easily understood location of the subject property;
D. A brief summary of the decision, and if an approval, a description of the permit approved;
E. A statement that the decision is final unless appealed and description of the requirements for
perfecting an appeal; and
F. The contact person, address and a telephone number whereby a copy of the final decision
may be inspected or copies obtained.
4.101.12 Obiections to Procedure
Any party who objects to the procedure followed in any particular matter, including bias, conflict
of interest and undisclosed ex -parte contacts, must make a procedural objection before the City
renders a final decision. Procedural objections may be raised at any time before a final decision,
after which they are deemed waived. In making a procedural objection, the objecting party must
identify the procedural requirement that was not properly followed and identify how the alleged
procedural error harmed that person's substantial rights.
4.101.13 Pre- application Conference
A. Applicability: Prior to submitting an application, the applicant may schedule a pre -
application conference with City staff to discuss the proposal before submitting an
application of any land use action. A pre - application conference is advisory in nature and
shall be voluntary, excepting annexations, where a pre - application conference is mandatory.
B. Purpose: The purpose of a pre - application conference is to provide staff from all affected
Woodburn Development Ordinance Draft May 13, 2013 Section 4.101 Page 6
City departments the opportunity to provide the applicant with information on the likely
impacts, limitations, requirements, approval standards, fees and other information that may
affect the proposal. The Director shall provide a written summary of the pre - application
conference.
C. Requirements for a Pre - application Conference: To schedule a pre - application conference, a
complete City application, accompanying information, and filing fee must be submitted to
the Director.
D. No Waiver of Requirements: Notwithstanding any representations by City staff at a pre -
application conference, staff is not authorized to waive any requirements of the Woodburn
Development Ordinance and any omission or failure by staff to recite to an applicant all
relevant applicable land use requirements shall not constitute a waiver by the City of any
standard or requirement.
4.101.14 Public Notices
All public notices issued by the City for decisions shall comply with the requirements of this
section.
A. Mailed Notice.
1. Type II: After the Director has deemed a Type II application complete, the Director
shall issue a decision. The City shall send notice of the decision, by mail, to all record
owners of property within 250 feet of the subject property, and to any City recognized
neighborhood associations whose territory includes the subject property. The City's
notice of decision shall include the following information:
a. An explanation of the nature of the application and the proposed use or uses, which
could be authorized;
b. Street address or other easily understood location of the subject property;
c. The name and telephone number of the planning staff person assigned to the
application or who is otherwise available to answer questions about the application;
d. A statement that the application and all supporting materials may be inspected at no
cost, and copies may be obtained at reasonable cost, at City Hall during normal
business hours;
e. A statement that the decision will not become final until the period for filing an
appeal to the City Council has expired and that the decision cannot be appealed
directly to the Land Use Board of Appeals; and
f. An explanation of appeal rights, including that any person who is adversely
affected or aggrieved or who is entitled to written notice of the decision may appeal
the decision.
2. Type III or IV: Notice for all initial public hearings concerning Type III and IV
decisions shall conform to the requirements of this subsection. At least 10 days before
the initial public hearing, the Director shall prepare and send, by mail, notice of the
hearing to all record owners of property within 250 feet of the subject property and to
Woodburn Development Ordinance Draft May 13, 2013 Section 4.101 Page 7
any City- recognized neighborhood association whose territory includes the subject
property. If an application would change the zone of property that includes any part of
a mobile home or manufactured dwelling park, notice shall also be mailed to the tenants
at least 20 days before but not more than 40 days before the initial public hearing.
Notice of the application hearing shall include the following information:
a. The time, date and location of the public hearing;
b. The street address or other easily understood location of the subject property and
city- assigned planning file number;
c. A description of the applicant's proposal, along with a list of citations of the
approval criteria that the City will use to evaluate the proposal;
d. A statement that any interested party may testify at the hearing or submit written
comments on the proposal at or before the hearing, and that a staff report will be
prepared and made available to the public at least seven days prior to the hearing;
e. A statement that any issue which is intended to provide a basis for an appeal to the
City Council must be raised before the close of the public record. Issues must be
raised and accompanied by statements or evidence sufficient to afford the City and
all parties to respond to those issues;
f. A statement that the application and all supporting materials and evidence
submitted in support of the application may be inspected at no charge and that
copies may be obtained at reasonable cost at City Hall during normal business
hours;
g. The name and telephone number of the Planning staff person responsible for the
application or who is otherwise available to answer questions about the application;
and
h. A statement advising that ADA access may be accommodated, upon receipt of a
timely request.
B. Posted Notice: Notice of an initial public hearing for a Type III or IV decision shall be
posted on the subject property as follows:
1. The applicant shall post on the site at least one (1) notice signboard provided by the
Director for that purpose. The signboard shall be posted in a conspicuous place visible
to the public on or in the vicinity of the property subject to the application. The
signboard shall state with minimum two (2) inch high letters the case file number and
the telephone number where City staff can be contacted for more information.
2. The applicant shall post a notice on each frontage of the subject property. If the
property's frontage exceeds 600 feet, one copy of the notice shall be posted for each
600 feet or fraction thereof. Notices shall be posted within ten feet of the street and
shall be visible to pedestrians and motorists.
3. The notice shall be posted at least 10 days prior to a public hearing. Once posted, the
applicant need not maintain a posted notice. The applicant, upon posting shall certify
that the property has been properly posted.
4. The applicant shall remove all signs within ten days following the event announced in
Woodburn Development Ordinance Draft May 13, 2013 Section 4.101 Page 8
the notice.
C. Published Notice: The Director shall publish a notice of a Type IV or V public hearing as
described in this subsection, unless otherwise specified by statute. The notice shall be
published in a newspaper of general circulation within the City at least 7 days prior to the
hearing. Such notice shall consist of:
1. The time, date and location of the public hearing;
2. The address or other easily understood location of the subject property;
3. A City- assigned planning file number;
4. A summary of the principal features of the application or legislative proposal;
5. A statement that any interested party may testify at the hearing or submit written
comments on the proposal at or before the hearing;
6. The name and telephone number of the Planning staff person responsible for the
proposal;
7. A statement advising that ADA access may be accommodated, upon receipt of a timely
request; and
8. Any other information required by statute.
D. Notice to Affected Agencies and Neighborhood Associations:
At least 10 days before the initial public hearing (Type III or IV) notice must be sent to
any City - recognized neighborhood association whose territory includes the subject
property.
2. At least 20 days before an initial public hearing (Type III & IV) or decision (Type II)
for applications requiring submittal of a Transportation Impact Analysis notification
shall be provided to the affected transportation facility and service providers (City,
County, and State).
3. At least 20 days before an initial public hearing for a legislative decision (Type V)
notice shall be sent to affected governmental entities (special districts, County, and
State).
4. At least 20 days before an initial public hearing for a legislative decision (Type V) to
any affected recognized neighborhood associations and any party who has requested in
writing shall receive such notice.
4.101.15 Quasi- Judicial Hearing Process
A. Applicable Procedures: All public hearings pertaining to Type III and IV permits, whether
before the Planning Commission, Design Review Board, or City Council, and any appeal or
review for a Type II, III or IV permit, shall comply with the procedures of this section. In
addition, all public hearings shall comply with the Oregon Public Meetings Law, the
applicable provisions of ORS 197.763 and any other applicable law.
B. Scheduling: Once the Director determines that an application for a Type III or IV decision
is complete, the Director shall schedule a hearing before the Planning Commission or
Woodburn Development Ordinance Draft May 13, 2013 Section 4.101 Page 9
Design Review Board, as applicable. If the Director has doubt about which type of
procedure is applicable to a particular application, the application shall be processed
pursuant to the procedure that provides the greater opportunity for public review. Once the
Director determines that an appeal of a Type II or Type III decision has been properly filed,
or that the City Council has called the decision up for review, the Director shall schedule a
hearing before the City Council.
C. Public Hearing Notice: Notice of the hearing shall be issued as provided by this Ordinance.
D. Staff Report: The Director shall prepare a staff report on the application which lists the
applicable approval criteria, describes the application and the applicant's development
proposal, summarizes all relevant City department, agency and public comments, describes
all other pertinent facts as they relate to the application and the approval criteria, concludes
whether each of the approval criteria are met and makes a recommendation to approve,
approve with conditions, or deny the application.
E. Conduct of Quasi- Judicial Hearings: At the beginning of the public hearing at which any
quasi - judicial application or appeal is reviewed, a statement shall be made to those in
attendance that states that:
1. The applicable substantive criteria;
2. The hearing will proceed in the following general order: staff report, applicant's
presentation, testimony in favor of the application, testimony in opposition to the
application, rebuttal, record closes, deliberation and decision;
All testimony and evidence submitted, orally or in writing, must be directed toward the
applicable approval criteria. If any person believes that other criteria apply in addition
to those addressed in the staff report, those criteria must be identified and discussed on
the record. The decision -maker may reasonably limit oral presentations in length or
content depending upon time constraints and to content that is relevant to applicable
approval criteria. Any party may submit written materials while the public record is
open;
4. Failure to raise an issue on the record accompanied by statements or evidence sufficient
to afford the City and all parties an opportunity to respond to the issue, will preclude
appeal on that issue to LUBA;
5. Failure of the applicant to raise constitutional or other issues relating to proposed
conditions of approval with sufficient specificity to allow the decision maker to respond
to the issue precludes an action for damages in Circuit Court; and
6. Any party wanting a continuance or to keep open the record must make that request
while the record is still open.
4.101.16 Requests of Continuance and to Keep the Record Open
A. The decision -maker may continue the hearing from time to time, to allow the submission of
additional information or for deliberation without additional information. Similarly, the
decision -maker may close the hearing, but keep the record open for the submission of
additional written material or other documents and exhibits.
Woodburn Development Ordinance Draft May 13, 2013 Section 4.101 Page 10
B. Before the conclusion of the initial evidentiary hearing, any participant may request an
opportunity to present additional evidence. The decision -maker shall grant the request by
either continuing the hearing or allowing the record to remain open for at least seven days.
1. If the decision -maker grants a continuance:
a. The hearing shall be continued to a date, time and place at least seven days from
the date of the initial evidentiary hearing.
b. An opportunity shall be provided at the continued hearing for persons to present
and rebut new evidence, arguments or testimony.
c. If new written evidence is submitted at the continued hearing, any person may
request, before conclusion of the continued hearing, that the record be left open for
at least seven days to submit additional written evidence, arguments or testimony
for the purpose of responding to the new written evidence.
2. If the decision -maker holding the hearing leaves the record open:
a. The record shall be left open for at least seven days for additional written evidence,
arguments or testimony.
b. If new evidence is submitted during the period the record was left open, any
participant may file a written request for an opportunity to respond to the new
evidence and the decision -maker shall reopen the record.
3. If the decision -maker reopens a record to admit new evidence, arguments or testimony,
any person may raise new issues which relate to the new evidence, arguments,
testimony or criteria for decision - making which apply to the matter at issue.
4. Any continuance or extension of the record granted shall be subject to the limitations of
the 120 -day rule. Any continuance or extension of the record requested by an applicant
shall result in a corresponding extension of the 120 -day period.
5. Unless waived by the applicant, the decision -maker shall allow the applicant at least
seven days after the record is closed to allow other parties to submit final written
arguments, but not new evidence, in support of application.
C. The decision -maker may limit the factual and legal issues that may be addressed in any
continued hearing or open record period.
D. The City Council may call up a Planning Commission or Director's decision for review, and
shall consider;
1. The Planning Commission or Director's decision.
2. The applicant and other parties shall have an opportunity to present testimony,
arguments and evidence on all applicable criteria.
3. The City Council may limit the issues that it will allow.
4. The rights of participants to continuances or open records, applicable to the initial
public hearing, do not apply.
E. If the decision is appealed, the City Council shall consider:
1. The Planning Commission or Director's decision.
Woodburn Development Ordinance Draft May 13, 2013 Section 4.101 Page 11
2. The applicant and other parties shall have an opportunity to present testimony,
arguments and evidence on all applicable criteria.
3. The presentation of testimony, arguments and evidence shall not be limited to issues
raised in a notice of appeal.
4. The rights of participants to continuances or open record persons applicable to initial
public hearings do not apply.
4.101.17 Types of Decisions
A. Type I Decisions (Administrative): Type I decisions do not require interpretation or the
exercise of policy or legal judgment in evaluating approval criteria. Because no discretion is
involved, Type I decisions do not qualify as a land use, or limited land use decision. The
decision - making process requires no notice to any party other than the applicant. The
Director's decision is final and not appealable by any party through the City land use
process.
B. Type II Decisions (Quasi - Administrative): Type II decisions involve the exercise of limited
interpretation or exercise of policy or legislative judgment in evaluating approval criteria.
The Director's decision is appealable to the City Council with notice to the Planning
Commission, by any party with standing (i.e., applicant and any person who was mailed a
notice of decision). The City Council then conducts a de novo public hearing. The City
Council decision is the City's final decision and is appealable to LUBA within 21 days after
it becomes final.
C. Type III Decisions (Quasi- Judicial): Type III decisions involve significant discretion and
evaluation of subjective approval standards, yet are not required to be heard by the City
Council, except upon appeal. The process for these land use decisions is controlled by ORS
197.763. Notice of the application and the Planning Commission or Design Review Board
hearing is published and mailed to the applicant, recognized neighborhood associations and
property owners within 250 feet of the subject property.
D. Type IV Decisions (Quasi - Judicial): Type IV decisions involve the greatest amount of
discretion and evaluation of subjective approval standards and are directed at a closely
circumscribed factual circumstance or relatively small number of persons. Type IV
decisions must be heard by the City Council before a final decision can be rendered.
Included are small scale annexations, comprehensive plan map amendments, and Official
Zoning Map amendments. The process for these land use decisions is controlled by ORS
197.763.
E. Type V Legislative 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 other component of any of these documents where
changes are such a size, diversity of ownership or interest as to be legislative in nature under
State law. Large -scale annexations are included, as well as adopting or amending the
Comprehensive Plan or the Woodburn Development Ordinance. The Planning Commission
holds an initial public hearing on the proposal prior to making a recommendation to the City
Council. The City Council then holds a final de novo public hearing and makes the City's
Woodburn Development Ordinance Draft May 13, 2013 Section 4.101 Page 12
final decision. Public notice is provided for all public hearings. The City Council's decision
is the City's final decision and is appealable to LUBA within 21 days after it becomes final.
Woodburn Development Ordinance Draft May 13, 2013 Section 4.101 Page 13
4.102 Review, Interpretation and Enforcement
4.102.01 Appeals of Type II and III Decisions
4.102.02 Call -Up Review by the City Council: Type II and III Decisions
4.102.03 Enforcement
4.102.04 Expiration of a Development Decision
4.102.05 Extension of a Development Decision
4.102.06 Interpretation
4.102.07 Modification of Conditions
4.102.08 Performance Guarantees
4.102.09 Reapplication Limits
4.102.10 Revocation or Modification of a Previously Approved Permit
4.102.11 Transfer of Approval Right
4.102.01 Appeals of Type II and III Decisions
Appeals of any final decisions by the City must comply with the requirements of this section.
A. Standing to Appeal: The following rules prescribe who has the standing to appeal:
1. Type I (Administrative): Type I decisions by the Director are not appealable to any
other decision -maker within the City.
2. Type II (Quasi- Administrative): For Type II decisions, only those persons who are
adversely affected or aggrieved or who are entitled to notice have standing to appeal a
Director's decision to the City Council.
3. Type III (Quasi - judicial): For Type III decisions, only those persons who participated
either orally or in writing, or who are adversely affected or aggrieved have standing to
appeal the decision of the Planning Commission or Design Review Board to the City
Council.
4. Type IV (Quasi- Judicial): Type IV decisions are appealable to the Land Use Board of
Appeals.
B. Notice of Intent to Appeal:
1. A notice of intent to appeal any Type II or Type III decision must be received in writing
by the Director within twelve (12) days from the date notice of the decision is mailed to
those entitled to notice. Late filing of any appeal shall be a jurisdictional defect and
will result in the automatic rejection of any appeal so filed.
2. The following must be included as part of the notice of appeal:
a. The Department's file number and date the decision to be appealed was rendered;
b. The name, mailing address and daytime telephone number for each appellant;
c. A statement of how each appellant has standing to appeal;
d. A statement of the grounds for the appeal; and
e. The appropriate appeal fee. Failure to include the appeal fee for the costs of appeal
Woodburn Development Ordinance Draft May 13, 2013 Section 4.102 Page 1
and transcript fee within the appeal period is a jurisdictional defect and will result
in an automatic rejection. If an appellant prevails at hearing or on appeal, the
transcript fee shall be refunded.
C. Notice of the Appeal Hearing: The Director shall issue notice of the appeal hearing to all
parties who signed in or participated, either orally or in writing, before the close of the
public record. Notice of the appeal hearing shall contain the following information:
The file number and date of the decision being appealed;
2. The time, date and location of the public hearing;
The name of the applicant, owner and appellant (if different);
4. The street address or other easily understood location of the subject property;
5. A description of the permit requested and the applicant's development proposal;
6. A brief summary of the decision being appealed and the grounds for appeal listed in the
notice of appeal;
7. A statement that the appeal hearing is confined to the issues raised in the notice of
appeal; and
8. A general explanation of the requirements for participation and the City's hearing
procedures.
4.102.02 Call -Up Review by the City Council: Type II and III Decisions
A. Authority: Whether or not an appeal is filed, the City Council may, by majority vote,
initiate a review of a Type II or III decision.
B. Procedures:
A summary of all Type II and III decisions shall be forwarded to the City Council as an
information item by the Director at the time the decision is mailed to the applicant.
2. Review under this Section shall be initiated before the adjournment of the first regular
City Council meeting, following the date the City Council receives notification of the
decision.
3. Review shall replace a filed appeal of the decision. The appellants of any appeal filed
before a City Council call for review, shall receive a full refund of the filing fee.
4. The City Recorder will set the hearing date for the City Council review, considering the
120 -day rule.
5. The notice, hearing and decision procedures for a City Council review shall follow the
provisions of the Woodburn Development Ordinance provided for appeals.
4.102.03 Enforcement
A. Inspection and Right of Entry: When necessary to investigate a suspected violation of the
Woodburn Development Ordinance, or an application for or revocation of any permit issued
Woodburn Development Ordinance Draft May 13, 2013 Section 4.102 Page 2
under this ordinance, the Director may enter on any site or into any structure open to the
public for the purpose of investigation, provided entry is done in accordance with law.
Without a search warrant, no site or structure that is closed to the public shall be entered
without the consent of the owner or occupant.
B. Abatement: Any use or structure established, operated, erected, moved, altered, enlarged,
painted, or maintained contrary to the Woodburn Development Ordinance is unlawful and a
public nuisance, and may be abated.
C. Civil Proceeding Initiated by City Attorney: The City Attorney, after obtaining
authorization from the City Council, may initiate a civil proceeding on behalf of the City to
enforce the provisions of the Woodburn Development Ordinance. This civil proceeding
may include, but is not limited to, injunction, mandamus, abatement, or other appropriate
proceedings to prevent, temporarily or permanently enjoin, abate, or set aside any use or
structure established, operated, erected, moved, altered, enlarged, painted or maintained
contrary to the Woodburn Development Ordinance, including revocation of all permits, to
prevent, enjoin, abate or remove the unlawful location, construction, maintenance, repair,
alteration or use.
D. Civil Infraction: In addition to, and not in lieu of any other enforcement mechanisms, a
violation of any provision of the Woodburn Development Ordinance constitutes a Class 1
Civil Infraction. Each violation is a separate infraction. Each violation of the Woodburn
Development Ordinance constitutes a separate Civil Infraction, and each day that a violation
of the WDO is committed or permitted to continue shall constitute a separate Civil
Infraction.
E. Remedies — Cumulative: The remedies provided for in this section are cumulative and not
mutually exclusive.
4.102.04 Expiration of a Development Decision
A. Decisions that Do Not Expire: A final decision on a change to the comprehensive plan, the
Official Zoning Map, land use regulations or some component of these documents shall be
permanent.
B. Expiration Period: A final decision on any application shall expire within three years of the
date of the final decision unless:
A building permit to exercise the right granted by the decision has been issued;
2. The activity approved in the decision has commenced; or
3. A time extension, Section 4.102.05, has been approved.
C. New Application Required: Expiration of a final decision shall require a new application for
any use or development on the subject property that is not otherwise allowed outright.
D. Deferral of the Expiration Period Due to Appeals: If a final decision is appealed to a review
body beyond the jurisdiction of the City, the expiration period for the decision shall not
begin until review before LUBA and the appellate courts has been completed, including any
remand proceedings before the City. The expiration period provided for in this Section will
begin to run on the date of final disposition of the appeal.
Woodburn Development Ordinance Draft May 13, 2013 Section 4.102 Page 3
4.102.05 Extension of a Development Decision
The effective time period of a final decision may be extended for up to two years by the Director,
subject to a Type II application. The request shall be approved unless significant changes have
occurred to this ordinance or the use is no longer allowed as originally approved. In making a
decision to grant the extension, the Director shall consider if there is a need to modify the
decision or conditions of approval to meet standards in affect at the time of the extension request.
4.102.06 Interpretation
A. Interpretations, Generally
An ambiguous term in the Woodburn Development Ordinance may be interpreted in the
final decision of any Type II, III or IV application or by a request for a formal
interpretation by the City Council. A request for a formal interpretation may be
initiated by the Director when, in the administration of the Code, the Director deems it
appropriate that a question as to the intent of the Woodburn Development Ordinance be
formally rather than administratively resolved. Alternatively, any person, upon
application, may request a formal interpretation.
2. The purpose of a formal interpretation is to clarify the intent of the Woodburn
Development Ordinance and its application in particular circumstances. The Council
shall not, by interpretation, vary or modify any clear and unambiguous provisions of
this ordinance. Formal interpretations shall be processed as a Type IV application.
3. Formal interpretations made by the Council shall control future administration and
enforcement of the Woodburn Development Ordinance until vacated or superseded by
Council or incorporated as an amendment of the Woodburn Development Ordinance.
4. The Director shall keep a log of all formal interpretations.
B. Interpretation and Application of Code Language
The terms or words used in this Code shall be interpreted as follows where the context
demands: words in the present tense include the future; the singular number includes the
plural and the plural number includes the singular; the word "shall" is mandatory and
not discretionary; the word "may" is permissive; the term "should" is discretionary, the
masculine gender includes the feminine and neuter; the term "this Code" shall be
deemed to include the text of this Code, the accompanying Official Zoning Map and all
amendments made hereafter to either; the term "standard" indicates a mandatory
requirement; the term "guideline" indicates a norm that is accepted in the community
but which is not a mandatory requirement.
2. The Director shall have the initial authority and responsibility to interpret all terms,
provisions and requirements of this Code. The City Council shall have the final
authority to interpret all terms, provisions and requirements of this Code.
3. The Code shall be read literally. Regulations are not more or less strict than as stated.
4. Proposals for uses where the code is silent or where the rules of the Code do not provide
a basis for concluding that the use is allowed, are prohibited.
Woodburn Development Ordinance Draft May 13, 2013 Section 4.102 Page 4
5. Uses of land not expressly allowed or not incidental to a permitted or conditional use
are prohibited.
6. Where it is unclear whether or in what manner sections of this Code apply to a given
situation, or if terms or sections are ambiguous or vague, the following should be
applied as warranted under the circumstances:
a. Terms defined in Section 1.102 (Definitions) have specifically stated meanings
unless the context clearly requires otherwise.
b. Terms not defined in Section 1.102 (Definitions) shall have the meaning set forth in
the New Oxford American Dictionary, 2010 edition.
c. This Code shall be interpreted reasonably, reading questioned regulations in
relation to other sections such that an interpretation most fully effectuates the intent
and purpose of the regulations.
7. This Code shall be interpreted most favorably to provide all necessary authority to carry
out its purposes and provisions.
4.102.07 Modification of Conditions
Any request to modify a condition of approval is to be considered pursuant to the procedure and
the standards and criteria applicable to a new application of the type of permit or zone change
that is proposed to be amended, except that the modification of a condition limiting the use of
property may only be considered as a Type IV Official Zoning Map Change application.
4.102.08 Performance Guarantees
A. When an applicant has an obligation to construct or improve public facilities or to construct
improvements imposed as a condition of approval, the obligation shall be fulfilled prior to
the issuance of a building permit unless the City Administrator has granted a written waiver
of this requirement and the applicant has filed with the City Administrator a performance
guarantee. The performance guarantee shall state the nature of the obligation, the time in
which the obligation is to be met, identify the property subject to the obligation and contain
security in a form acceptable to the City Administrator and in an amount equal to 120
percent of the cost of fulfilling the obligation as estimated by the City Administrator for the
year in which fulfillment of the obligation is anticipated. A sufficient performance bond,
cash deposit or a letter of credit are considered acceptable forms of security. Return of the
security to the applicant shall be conditional upon the applicant fulfilling the obligation.
B. As an additional and separate part of the performance guarantee, the applicant shall agree to
maintain the public facility or improvement for a period of one year following acceptance by
the City Administrator, to include but not be limited to repair, replacement and all things
necessary to ensure its operational integrity.
C. The security shall be forfeited to the City if the applicant does not fulfill the requirements
stated in the performance guarantee and the City may use the security to complete the
obligation or any part of it. Until the obligation is completed, the security shall remain in
the custody of the City or shall be placed in an escrow account subject to City control.
Woodburn Development Ordinance Draft May 13, 2013 Section 4.102 Page 5
D. Upon receipt of written notice to the City Administrator that the public facility or required
improvement has been completed and is ready for final inspection and acceptance, the City
Administrator shall, with ten calendar days, make such inspection. If the City Administrator
finds the work to be acceptable, there shall promptly be issued a final certificate stating the
work has been completed and accepted.
E. If the City Administrator determines that an applicant has failed to fulfill the obligation to
complete the public facility or required improvement, written notice shall be given detailing
the failure and stating the City's intention to use the security given to complete the
obligation. If the City completes the obligation and the required security is not sufficient to
compensate the City for costs incurred, the excess amount due to the City, plus a ten percent
administrative charge, shall constitute a lien in favor of the City upon the real property
subject to the obligation.
F. The lien attaches upon entry in the City lien docket and the giving of notice of the claim for
the amount due for the completion of the obligation. The notice shall demand the amount
due, allege the insufficiency of the bond or other security to compensate the City fully for
the cost of the fulfillment of the obligation, and allege the applicant's failure to complete the
required obligation.
G. Once docketed, the lien may be foreclosed in the manner prescribed by ORS Chapter 223
for foreclosing liens on real property.
4.102.09 Reapplication Limited
If the application is denied or withdrawn following the close of the public hearing, no
reapplication for the same or substantially similar proposal may be made for one year following
the date of final decision denying a permit.
4.102.10 Revocation or Modification of a Previously Approved Permit
A. Authority to Revoke or Modify: The Planning Commission may initiate a proceeding to
revoke or modify a quasi - judicial permit if the Planning Commission determines there is a
substantial likelihood that any of the following conditions exists:
1. An applicant, or the applicant's successor in interest, fails to fully comply with one or
more conditions of permit approval, or otherwise does not comply fully with the City's
approval.
2. An applicant, or the applicant's successor in interest, failed to complete the work within
the time frame or in the manner approved without obtaining an extension of time or
modification of the permit from the granting authority.
The activities of the use, or the use itself, are substantially different or have
substantially increased in intensity from what was approved.
4. When the use is subject to the nonconforming use regulations, the applicant has not
obtained approval, or has substantially changed the use or substantially increased the
intensity of the use after the use became nonconforming.
Woodburn Development Ordinance Draft May 13, 2013 Section 4.102 Page 6
5. The applicant or the applicant's representatives either intentionally or unintentionally
committed a material misrepresentation of fact in the application or the evidence
submitted in support of the application.
6. For purposes of this Section, "material misrepresentation of fact" means a misstatement
of factual information that:
a. Was submitted by the applicant in support of the application;
b. Could have been corrected by the applicant at the time of application; and
c. Formed the sole basis for approval of the application pursuant to an applicable
approval criterion.
7. A "material misrepresentation of fact" does not include misstatements of fact made by
City staff or caused by failure of another party to appear or adequately testify.
B. Process for Revocation or Modification: Revocation or modification shall be processed as a
Type IV decision. The Director shall have the burden of proving, based on substantial
evidence in the whole record, that the applicant or the applicant's successor has in some way
violated the City's approval.
C. Possible Actions at the Revocation Hearing: Depending on the situation, the City may take
any of the actions described below. If the decision is to modify the permit, the City may not
approve a use that is more intense than originally approved, unless the possibility of this
change has been stated in the public notice. Uses or development which are alleged to have
not fulfilled conditions, violate conditions or to be inconsistent with the City's approval may
be subject to the following actions:
1. The City may find that the use or development is complying with the conditions of the
approval. In this case, the permit shall not be altered.
2. The City may modify the permit if it finds that the use or development does not fully
comply with the conditions of approval or otherwise does not comply with what was
approved, that the violations are not substantial enough to warrant revocation and that
the use can comply with the original approval criteria if certain conditions are met. In
this case, the City may modify the existing conditions, add new conditions to ensure
compliance with the approval criteria, or refer the case to the code compliance officer
for enforcement of the existing conditions.
3. The City may revoke a permit if it finds there are substantial violations of conditions or
failure to implement conditions of a permit, such that the original approval criteria for
the use or development are not being met.
D. Effect of Revocation: In the event permit approval is revoked, the use or development
becomes illegal. The use or development shall be terminated within thirty days of the date
that all appeals periods have been exhausted, unless the decision provides otherwise. In the
event the City Council's decision on a revocation request is appealed, the revocation action
shall be automatically stayed until the appeal is resolved.
Woodburn Development Ordinance Draft May 13, 2013 Section 4.102 Page 7
4.102.11 Transfer of Approval Right
Any final decision granted under this ordinance shall run with the land and shall transfer with
ownership of the land, unless otherwise specified in the decision. Any conditions, time limits or
other restrictions imposed with a decision shall bind all subsequent owners of the subject
property.
Woodburn Development Ordinance Draft May 13, 2013 Section 4.102 Page 8
5.101 Type I (Administrative) Decisions
5.101 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 party 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.
5.101.01 Access Permit to a City Street, excluding a Major or Minor Arterial Street
5.101.02 Design Review, Type I
5.101.03 Fence and Free Standing Wall
5.101.04 Grading Permit
5.101.05 Manufactured Dwelling Park, Final Plan Approval
5.101.06 Partition and Subdivision Final Plat Approval
5.101.07 Planned Unit Development (PUD), Final Plan & Design Plan Approval
5.101.08 Property Line Adjustment; Consolidation of Lots
5.101.09 Riparian Corridor and Wetlands Overlay District (RCWOD) Permit
5.101.10 Sign Permit
5.101.11 Significant Tree Removal Permit
5.101.12 Temporary Outdoor Marketing and Special Event Permit
5.101.01 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 3.104) 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 3.104).
C. Procedure: The Director shall review the access permit and determine conformance to City
standards.
5.101.02 Design Review, Type I
A. Purpose: The purpose of this review is to ensure all residential and non - residential buildings
comply with the standards found in the Land Use, Specified Use, and Development
Guidelines and Standards (Sections 2.1, 2.2 and 3.1) sections of this Ordinance.
B. Applicability: The Type I Design Review is applicable to the following:
1. Residential Buildings
Woodburn Development Ordinance Draft May 13, 2013 Section 5.101 Page 1
a. Single family dwellings, manufactured dwellings, or duplexes in residential zones
in an RS, Rl S and RM zone, except where subject to an architectural design review
process approved by the Planned Unit Development (PUD) (Section 3.109.02.E).
b. Exterior alterations to single family, manufactured dwellings, duplexes and multi-
family dwellings in an RS, R1 S and RM zone; except where subject to an
architectural design review process- approved by the Planned Unit Development
(PUD) (Section 3.109.02.E) or when;
(1) The subject dwelling has a prior Type I design review approval; and
(2) The alteration is subject to building permit approval.
c. Multi- family dwellings that comply with all standards found in the Land Use,
Specified Use, and Development Guidelines and Standards (Sections 2.1, 2.2, and
3.1) of this Ordinance.
2. Non Residential Buildings
a. New buildings 500 square feet or less in commercial zones or 1,000 square feet or
less in industrial zones.
b. Sites with existing buildings, expansions or new buildings that increase lot
coverage by 10% or less.
c. Change in use that increases required parking by 10% or less.
d. Fagade changes or structural changes requiring a building permit.
e. Establishment of a use in a building vacant for 6 months or more.
C. Criteria: Applications are evaluated for compliance with the standards found in the Land
Use, Specified Use, and Development Guidelines and Standards (Sections 2.1, 2.2, and 3.1)
of this Ordinance.
D. Procedure: The Director shall review the application for compliance with the applicable
standards of this Ordinance.
5.101.03 Fence and Free - Standing Wall
A. Purpose: The purpose of this review is to ensure that fences and free - standing walls comply
with the locational and height standards found within the Specified Use Standards (Sections
2.201 and 2.202).
B. Criteria: Applications shall be reviewed for compliance with the locational and height
standards of this Ordinance for fences and free - standing walls.
C. Procedure: The Director shall review the proposal fence and /or free - standing wall for
compliance to City regulations.
5.101.04 Grading Permit
A. Purpose: The purpose of this review is to ensure that grading is in compliance with the
Woodburn Storm Management Plan, Woodburn Flood Plain Ordinance, Public Works
Woodburn Development Ordinance Draft May 13, 2013 Section 5.101 Page 2
Department Construction Standards and Specifications, and the State Building Code.
B. Applicability: The requirement for a grading permit applies to any of the following
activities:
Any fill, removal, or grading of land identified within the boundaries of the regulatory
floodplain,
2. Any fill, removal, or grading of land identified within the Riparian Corridor and
Wetlands Overlay District (RCWOD),
3. Any fill, removal, or grading of land that requires a permit from the Oregon Department
of State Lands,
4. Any fill, removal, or grading of land area that equals or exceeds one acre, or
5. Any development activity required by the WDO to submit a grading plan or permit.
C. Criteria: Grading Permits shall be reviewed pursuant to the policies and standards of the
Woodburn Storm Management Plan, Woodburn Flood Plain Ordinance, Public Works
Construction Standards and Specifications and State Building Code, as applicable.
D. Procedure: The Director shall review the proposed grading plan to ensure compliance with
City and State requirements.
5.101.05 Manufactured Dwelling Park, Final Plan Approval
A. Purpose: The purpose of this review is to ensure substantial conformance of the final plan
and improvements with the conditions of the Manufactured Dwelling Park Preliminary
Approval, including compliance with applicable Oregon Administrative Rules.
B. Criteria:
1. The final plan shall be submitted within two years of date of the initial approval.
2. The final plan shall include all information required by the preliminary approval and
shall substantially conform to all conditions of the preliminary approval and applicable
Oregon Administrative Rules.
C. Procedures: The Director shall determine whether the final plan substantially conforms to
the preliminary approval, applicable State requirements, and City ordinances.
5.101.06 Partition and Subdivision Final Plat Approval
A. Purpose: The purpose of this review is to ensure that the final partition or subdivision plat
and associated public improvements are in substantial conformance with the conditions of
the preliminary partition or subdivision approval. The final plat shall be submitted within
two years of date of the initial approval and be in substantial conforms to all conditions of
the preliminary approval.
B. Criteria:
1. That all public facilities required by the preliminary approval are designed to City
standards and either constructed and accepted by the City or covered by the
Woodburn Development Ordinance Draft May 13, 2013 Section 5.101 Page 3
performance guarantee (Section 4.102.08).
2. A change in the circulation pattern, including the location or configuration of street
intersections;
3. An increase in the number of lots; or
4. Any other substantive change found by Director.
5. That the final plat is completes and accurate, surveyed and monumented in compliance
with State statutes.
C. Procedure: Upon determination that the final partition or subdivision plat conforms to all
standards and requirements, the Director shall sign the final plat.
1. If the Director determines that the final plat does not conform to the preliminary plat,
the applicant shall be advised of the reasons for the decision. The applicant shall have
30 calendar days to correct the plat. The final plat shall be recorded with Marion
County within 30 calendar days of the Director's signature.
2. Acceptance of the land dedicated to the public by means of a plat occurs upon the
recording of the plat.
3. With the recording of the final plat, the City is authorized to issue building permits for
the subject property.
5.101.07 Planned Unit Development (PUD), Final Plan & Design Plan Approval
A. Purpose: The purpose of this review is to ensure that the PUD Final Plan and Design Plan
are in substantial conformance with the conditions of the PUD Preliminary Plan and Final
PUD Design Plan approvals as required by this Ordinance (Section 5.103.07).
B. Criteria:
The Director shall determine whether the PUD conforms to the preliminary approval,
applicable State requirements and City ordinances (Section 3.109).
2. Any modification that involves the following, shall not be in substantial conformance
with preliminary PUD approval:
a. A change in the circulation pattern, including the location or configuration of
streets and intersections;
b. A change in the location and /or housing type•,
c. An increase in the number of lots, dwelling units or gross floor area of non-
residential uses;
d. An increase in density;
e. The deletion or addition of a use or facility;
f. A change in the scale or character of common architectural design concepts
presented with the initially approved PUD design plan;
g. Changes in the Homeowners Association agreement and /or Conditions, Covenants
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and Restrictions (CC &R's) regarding provisions for management and maintenance
of common land and facilities; design review criteria and controls.
h. Any other substantive change found by the Director.
C. Procedure:
1. The Director shall determine whether the final plan conforms to the PUD Preliminary
Plan and Final PUD Design Plan approvals, including all conditions and other
applicable State statutes and City ordinances.
2. The Director shall determine that all public facilities are designed to City standards and
either constructed and accepted by the City or covered by the performance guarantee
(Section 4.102.08).
3. The Director shall approve the Final PUD Plan if it is in substantial conformance with
the requirements of this section.
a. The PUD, including the CC &R's, is in compliance with conditions of the initial
PUD approval.
b. The PUD final plat is complete and accurate and property surveyed and
monumented in compliance with State Statutes (ORS Chapter 92).
4. If the Director determines that the final plat does not conform, the applicant shall be
advised by written notice. The applicant shall have 30 calendar days to correct the plat.
5. The final plat and the CC &R's shall be recorded with Marion County within 30
calendar days of signature. Acceptance by the City of the land dedicated to the public
by means of a plat occurs upon the recording of the plat.
6. Building permits can be issued for the subject property upon recording of the final plat.
5.101.08 Property Line Adiustment; Consolidation of Lots
A. Purpose: The purpose of this review is to ensure that adjustments to property lines or the
consolidation of existing lots and parcels, complies with the standards of this ordinance
(Section 2. 1), and State Statutes (ORS Chapters 92 and 209). Property line adjustments and
consolidation of lots are allowed in all zones.
B. Criteria:
1. Lot area, depth, width, frontage, building setbacks, vehicular access and lot coverage
comply with the standards of this ordinance (Sections 2.2, 2.2, and 3.1);
2. Existing easements are accurately reflected;
3. Existing land use and development on the subject property comply with the
requirements of prior land use actions; and
4. Buildings and structures abutting the adjusted property lines comply with State building
codes and with respect to current occupancy.
5. Property line adjustments are surveyed and monumented to the requirements set forth in
State statutes (ORS Chapters 92 and 209) and recorded by the County Surveyor.
Woodburn Development Ordinance Draft May 13, 2013 Section 5.101 Page 5
C. Procedure: The Director shall review and approve the application when it is found that it
meets this Ordinance and the State Building Codes.
5.101.09 Riparian Corridor and Wetlands Overlay District ( RCWOD) 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.
5.101.10 Sign Permit
A. Purpose: The purpose of this review is to ensure that signs comply with standards found
within the Sign Standards (Section 3.110).
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.
5.101.11 Significant Tree Removal Permit
A. Purpose: The purpose of this review is to ensure that the removal of significant trees
complies with the provisions of this Ordinance (Section 3.106.04).
B. Criteria: Applications shall be reviewed for compliance with this Ordinance.
C. Procedure: The Director shall review and approve the proposal for compliance of this
Ordinance.
5.101.12 Temporary Outdoor Marketing and Special Event Permit
A. Purpose: The purpose of this review is to ensure that temporary outdoor marketing or
special events conform to the standards of this Ordinance (Section 2.203.19).
B. Criteria: Temporary Outdoor Marketing and 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
Woodburn Development Ordinance Draft May 13, 2013 Section 5.101 Page 6
compliance with this Ordinance.
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5.102 Type II (Quasi- Administrative) Decisions
5.102 General Requirements
A. The purpose of this section is to identify what types of actions are considered Type II
decisions. Type II Decisions involve the exercise of limited interpretation or exercise of
policy or legislative judgment in evaluating approval criteria. The Director evaluates the
request and issues a decision giving approval, approving with conditions, or denying the
application. The Director's decision is appealable to the City Council with notice to the
Planning Commission, by any party with standing (i.e., applicant and any person who was
mailed a notice of decision). The City Council then conducts a public hearing. The City
Council's decision is the City's final decision and is appealable to LUBA (Land Use Board
of Appeals) within 21 days after it becomes final.
B. To initiate consideration of a Type II 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.
5.102.01 Access Permit to a City Major or Minor Arterial Street
5.102.02 Architectural Standard Substitution
5.102.03 Design Review, Type II
5.102.04 Exception to Street Right of Way and Improvement Requirements
5.102.05 Partition, Preliminary Approval
5.102.06 Zoning Adjustment
5.102.01 Access Permit to a City Minor or Major Arterial Street
A. Purpose: The purpose of a Type II Access Permit is to ensure conformance to City street
access standards and this Ordinance (Section 3.104) in circumstances where the access to a
Minor or Major Arterial Street is not subject to any other type of land use approval.
B. Criteria: The application shall conform to the applicable standards and guidelines of this
ordinance.
5.102.02 Architectural Standard Substitution
A. Purpose: The purpose of a Type II Architectural Substitution Permit is to allow substitution
to the architectural standards found in this Ordinance (Section 3.107). Substituted materials
or design need to meet the overall intent of this ordinance by providing for quality
construction, reflect custom design, and result in equal or greater design quality. A
maximum of three substitutions may be considered for each building covered by an
application for substitute standards.
Architectural standards set by statute (ORS 197.307 and 197.314) relating to roofs on
manufactured dwellings are non - variable, and cannot be modified by a substitution.
B. Criteria: The suitability of the substitute architectural standards shall be based on
Woodburn Development Ordinance Draft May 13, 2013 Section 5.102 Page 1
consideration of how each substitute standard:
1. Incorporates design elements and materials that reflect a custom design;
2. Incorporates materials, that in substance and visual appeal, are of equal or greater
quality;
3. For residential development:
a. Reflects the character of the existing housing within the subject subdivision and /or
surrounding area within 250 feet of subject property;
b. Ensures that needed housing is not discouraged through unreasonable cost,
pursuant to ORS 197.307.
5.102.03 D_e_sian Review, Type II
A. Purpose: The purpose of Type II design review is to ensure that new buildings or additions
to existing buildings comply with Land Use, Specified Use, and Development Guidelines
and Standards of this ordinance (Sections 2.1, 2.2, and 3.1).
B. Applicability: Type II Design Review is required for the following:
1. Non - residential structures 1,000 square feet or less in the RS, R1 S, RM, and P /SP
zones.
2. Structures 2,000 square feet or less than in the CO, CG, DDC, and NNC zones.
3. Structures 3,000 square feet or less in the IP, IL, MUV and SWIR zones.
4. For sites with existing buildings in the CO, CG, MUV, DDC, NNC, IP, IL, and SWIR
zones; expansions or new buildings that increase lot coverage by more than 10% but
less than 25 %.
5. Change of use that results in an increase in required parking of more than 10% but less
than 25 %.
6. Single family and duplexes in the NCOD zone, but excluding structures subject to Type
I review.
5.102.04 Exception to Street Right of Way and Improvement Requirements
A. Purpose: The purpose of a Type II Street Exception is to allow deviation from the street
standards required by this Ordinance (Section 3.1) for the functional classification of streets
identified in the Woodburn Transportation System Plan. An exception for a development
reviewed as a Type I or II application shall be considered as a Type II application, while
development reviewed as a Type III application shall be considered a Type III application.
B. Criteria:
1. The estimated extent, on a quantitative basis, to which the rights -of -way and
improvements will be used by persons served by the building or development, and
whether the use is for safety or convenience;
Woodburn Development Ordinance Draft May 13, 2013 Section 5.102 Page 2
2. The estimated level, on a quantitative basis, of rights -of -way and improvements needed
to meet the estimated extent of use by persons served by the building or development;
3. The estimated impact, on a quantitative basis, of the building or development on the
public infrastructure system of which the rights -of -way and improvements will be a
part;
4. The estimated level, on a quantitative basis, of rights -of -way and improvements needed
to mitigate the estimated impact on the public infrastructure system.
C. Proportionate Reduction in Standards: An exception to reduce a street right -of -way or cross
section requirement below the functional classification standard may be approved when a
lesser standard is justified, based on the nature and extent of the impacts of the proposed
development. No exception may be granted from applicable construction specifications.
D. Minimum Standards: To ensure a safe and functional street with capacity to meet current
demands and to ensure safety for vehicles, bicyclists and pedestrians, as well as other forms
of non - vehicular traffic, there are minimum standards for rights -of -way and improvements
that must be provided to meet the standards of this Ordinance (Section 3.101).
5.102.05 Partition, Preliminary Approval
A. Purpose: The purpose of this Type II review is to ensure that partitions - the dividing of a
single lot into 3 or less lots within one calendar year - comply with this Ordinance, with the
Land Use and Development Standards and Guidelines (Sections 2.1 and 3. 1), and applicable
Oregon State Statutes.
B. Criteria: Preliminary approval of a partition requires compliance with the following:
1. The preliminary partition complies with all applicable provisions of this ordinance.
2. Approval does not impede the future best use of the remainder of the property under the
same ownership or adversely affect the safe and efficient development of any adjoining
land.
The proposed partition is served with City streets, water, sewer and storm drainage
facilities with adequate capacity.
4. That the partition takes into account topography, vegetation and other natural features
of the site.
5. That adequate measures have been planned to alleviate identified hazards and
limitations to development:
a. For regulatory wetlands, these shall be the measures required by the Division of
State Lands.
b. For unstable areas, demonstration that streets and building sites are on geologically
stable soil considering the stress and loads to which the soil may be subjected.
5.102.06 Zoning Adjustment
A. Purpose: The purpose of a Type II zoning adjustment is to allow minor variance to the
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development standards of this ordinance, where strict adherence to these standards is
precluded by circumstances beyond the control of the applicant, and minor deviation from
the standards will not unreasonably affect existing or potential uses on adjacent properties.
B. Criteria: A zoning adjustment involves the balancing of competing and conflicting interests.
The following criteria will be considered in evaluating zoning adjustments.
1. The adjustment is necessary to prevent unnecessary hardship relating to the land or
structure. Factors to consider in determining whether hardship exists, include:
a. Physical circumstances over which the applicant has no control, related to the piece
of property involved, that distinguish it from other land in the same zone, including
but not limited to lot size, shape, and topography.
b. Whether the property can be reasonably used similar to other properties in the same
zone without the adjustment.
c. Whether the hardship was created by the applicant requesting the adjustment.
2. The zoning adjustment will not be materially injurious to adjacent properties or to the
use of the subject property. Factors to be considered in determining whether
development is not materially injurious include, but are not limited to:
a. Physical impacts such development will have because of the adjustment, such as
visual, noise, traffic and drainage, erosion and landslide hazards.
b. If the adjustment concerns joint -use parking, the hours of operation for vehicle
parking shall not create a competing parking demand.
c. Minimal impacts occur as a result of the proposed adjustment.
3. The adjustment is the minimum deviation from the standard necessary to make
reasonable use of the property;
4. The adjustment does not conflict with the Woodburn Comprehensive Plan.
C. Maximum Adjustment permitted:
1. Lot Area: Up to a five percent reduction in the minimum lot area.
2. Lot Coverage: Up to an increase of five percent in lot coverage.
3. Front Yard Setback or Setback Abutting a Street: Up to a 10 percent reduction of a
setback.
4. Side Yard Setback: Up to a 20 percent reduction in setback, but no less than a 5 foot
setback in a RS or R1 S zone or less than the requirements of the state building code,
whichever is more restrictive.
5. Rear Yard Setback: Up to a 20 percent reduction in setback, but no less than a 5 foot
setback, except in those zones permitting zero setbacks the minimum setback shall be
either 5 feet or zero.
6. Lot Width: Up to a 10 percent reduction.
7. Lot Depth: Up to a 10 percent reduction.
8. Building /Fence Height: Up to a 10 percent increase in height.
Woodburn Development Ordinance Draft May 13, 2013 Section 5.102 Page 4
9. Parking Standards: Up to a five percent reduction in required parking spaces except no
reduction in the number of handicapped vehicle parking spaces or in dimensional
standards.
10. Joint -Use Vehicle Parking: Up to 20 percent of the required vehicle parking may be
satisfied by joint use of the parking provided for another use.
11. Fences and Freestanding Walls: The location or height of a fence or free - standing wall,
excluding the adjustment of any such facilities within a clear vision area.
D. Prohibited Adjustments:
1. Adjustments to the number of permitted dwellings and to the use of property shall be
prohibited.
2. Standards established by Oregon Revised Statutes for manufactured dwellings and
manufactured dwelling parks are non - variable.
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5.103 Type III (Quasi- Judicial) Decisions
5.103 General Requirements
A. The purpose of this section is to identify what types of actions are considered Type III
decisions. Type III decisions involve significant discretion and evaluation of subjective
approval standards, yet are not required to be heard by the City Council, except upon appeal.
The process for these land use decisions is controlled by ORS 197.763. Notice of the
application and the Planning Commission or Design Review Board hearing is published and
mailed to the applicant, recognized neighborhood associations and property owners. The
decision of the Planning Commission or Design Review Board is appealable to the City
Council. The City Council's decision is the City's final decision and is appealable to the
Land Use Board of Appeals.
B. To initiate consideration of a Type III decision, a complete City application, accompanying
information, and filing fee must be submitted to the Director. The Director will evaluate the
application as outlined in this section.
5.103.01 Conditional Use
5.103.02 Design Review, Type III
5.103.03 Exception to Street Right of Way and Improvement Requirements
5.103.04 Manufactured Dwelling Park, Preliminary Approval
5.103.05 Phasing Plan for a Subdivision, PUD, Manufactured Dwelling Park or any other
Land Use Permit
5.103.06 Planned Unit Development (PUD), Preliminary Plan Approval
5.103.07 Planned Unit Development (PUD), Design Plan Final Approval
5.103.08 Special Conditional Use - Historically or Architecturally Significant Building
5.103.09 Special Use as a Conditional Use
5.103.10 Subdivision Preliminary Approval
5.103.11 Telecommunications Facility, Specific Conditional Use
5.103.12 Variance
5.103.01 Conditional Use
A. Purpose: A conditional use is an activity which is permitted in a zone but which, because of
some characteristics, is not entirely compatible with other uses allowed in the zone, and
cannot be permitted outright. A public hearing is held by the Planning Commission and
conditions may be imposed to offset impacts and make the use as compatible as practical
with surrounding uses. Conditions can also be imposed to make the use conform to the
requirements of this Ordinance and with other applicable criteria and standards. Conditions
that decrease the minimum standards of a development standard require variance approval.
B. Criteria:
1. The proposed use shall be permitted as a conditional use within the zoning district.
2. The proposed use shall comply with the development standards of the zoning district.
Woodburn Development Ordinance Draft May 13, 2013 Section 5.103 Page 1
3. The proposed use shall be compatible with the surrounding properties.
Relevant factors to be considered in determining whether the proposed use is
compatible include:
a. The suitability of the size, shape, location and topography of the site for the
proposed use;
b. The capacity of public water, sewerage, drainage, street and pedestrian facilities
serving the proposed use;
c. The impact of the proposed use on the quality of the living environment:
(1) Noise;
(2) Illumination;
(3) Hours of operation;
(4) Air quality;
(5) Aesthetics; and
(6) Vehicular traffic.
d. The conformance of the proposed use with applicable Comprehensive Plan
policies; and
e. The suitability of proposed conditions of approval to ensure compatibility of the
proposed use with other uses in the vicinity.
5.103.02 Design Review, Type III
A. Purpose: The purpose of Type III design review is to ensure that new buildings or additions
to existing buildings comply with Land Use, Specified Use, and Development Guidelines
and Standards of this Ordinance (Sections 2.1, 2.2, and 3.1).
B. Type III Design Review is required for the following:
1. Non - residential structures in residential zones greater than 1,000 square feet in the RS,
RIS, RM, and P /SP zones.
2. Multi- family dwellings not meeting all architectural design guidelines and standards.
3. Structures greater than 2,000 square feet in the CO, CG, MUV, DDC, and NNC zones.
4. Structures greater than 3,000 square feet in the IP, IL, and SWIR zones.
5. For sites with existing buildings in the CO, CG, MUV, DDC, NNC, IP, IL, and SWIR
zones; expansions or new buildings that increase lot coverage by more 25 %.
6. Change of use that results in a greater than 25% increase in required parking.
5.103.03 Exception to Street Right of Way and Improvement Requirements
A. Purpose: The purpose of a Type III Exception is to allow a deviation from the development
standard required for the functional classification of the street identified in the
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Transportation System Plan. Street exceptions are processed in conjunction with a
development proposal that is a Type III application.
B. Criteria:
The estimated extent, on a quantitative basis, to which the rights of way and
improvements will be used by persons served by the building or development, whether
the use is for safety or convenience;
2. The estimated level, on a quantitative basis, of rights of way and improvements needed
to meet the estimated extent of use by persons served by the building or development;
The estimated impact, on a quantitative basis, of the building or development on the
public infrastructure system of which the rights of way and improvements will be a part;
and
4. The estimated level, on a quantitative basis, of rights of way and improvements needed
to mitigate the estimated impact on the public infrastructure system.
C. Proportionate Reduction in Standards: An exception to reduce a street right of way or cross
section requirement below the functional classification standard may be approved when a
lesser standard is justified based on the nature and extent of the impacts of the proposed
development. No exception may be granted from applicable construction specifications.
D. Minimum Standards: To ensure a safe and functional street with capacity to meet current
demands and to ensure safety for vehicles, bicyclists and pedestrians, as well as other forms
of non - vehicular traffic, there are minimum standards for right of way and improvement that
must be provided to meet the standards of this Ordinance (Section 3.101). Deviation from
these minimum standards may only be considered by a variance procedure.
5.103.04 Manufactured Dwelling Park, Preliminary Approval
A. Purpose: The purpose of this review is to ensure that proposed Manufactured Dwelling
Parks (MDP) comply with the standards of this ordinance (Sections 2.1, 2.2, and 3.1) and all
applicable state standards.
B. Criteria:
The proposed use shall be a special permitted use within the zoning district.
2. The proposed use shall comply with the applicable standards and criteria of this
Ordinance (Sections 2.1, 2.2, and 3.1).
5.103.05 Phasing Plan for a Subdivision, PUD, Manufactured Dwelling Park or any
other Land Use Permit
A. Purpose: The purpose of a Type III Phasing Permit is to allow phased construction of
development while meeting the standards of this ordinance (Sections 2.1, 2.2, and 3. 1),
while providing fully functional phases that develop in compliance with the tentative
approval for the development.
B. Criteria: The proposed phasing of development shall:
Woodburn Development Ordinance Draft May 13, 2013 Section 5.103 Page 3
1. Ensure that individual phases will be properly coordinated with each other and can be
designed to meet City development standards; and
2. Ensure that the phases do not unreasonably impede future development of adjacent
undeveloped properties;
3. Ensure that access, circulation, and public utilities are sized for future development of
the remainder of the site and adjacent undeveloped sites.
5.103.06 Planned Unit Development (PUD), Preliminary Plan Approval
A. Purpose: The purpose of a Type III PUD Preliminary Plan Approval is to ensure that the
proposed development complies with all provisions of this ordinance. The PUD process is
intended to provide incentives for greater creativity and adaptability in development design
through a process that allows flexibility in the application of standards, while that the same
time meeting the overall intent of this Ordinance (Sections 2.1, 2.2, and 3.1).
B. Criteria: Preliminary approval of a Planned Unit Development shall require compliance
with the following:
1. Preliminary Plan or Subdivision Plat
a. That approval does not impede the future best use of the remainder of the property
under the same ownership or adversely affect the safe and efficient development of
the remainder of any adjoining land or access thereto.
b. That the proposed development is served with city streets, water, sewer and storm
drainage facilities with adequate capacity.
c. That the plan for the development takes into account topography, vegetation and
other natural features of the site.
d. That adequate measures have been planned to alleviate identified hazards and
limitations to development:
(1) For wetlands, these shall be the measures required by the Division of State
Lands for regulatory wetlands.
(2) For unstable areas, these measures shall be documentation as approved by the
Public Works Department, ensuring that streets and building sites are on
geologically stable soil considering stress and loads.
e. If phased, that the development of the subdivision is balanced with the need for
urbanization within the Woodburn Urban Growth Boundary.
f. That the tentative plan complies with all applicable provisions of this ordinance.
5.103.07 Planned Unit Development (PUD), Design Plan Final Approval
A. Purpose: The purpose of this Type III review is ensure that the PUD Final Design Plan
provides sufficient detail to ensure compliance with the standards of this ordinance (Sections
2.1, 2.2, and 3.1) and that the design elements of development are consistent with the
preliminary approval for the PUD.
Woodburn Development Ordinance Draft May 13, 2013 Section 5.103 Page 4
B. Criteria:
The Final PUD Design Plan shall substantially conform to the Preliminary PUD Design Plan
approval, including the conditions relating to:
Concurrent permit approvals regarding use, density, and designation of common areas;
2. Design parameters that establish the character of common areas and facilities;
3. Elements of the Homeowner agreement and CC &R's regarding:
a. Management and maintenance of common areas and facilities;
b. Design review guidelines and procedures for common and individually owned
buildings and structures; and
c. Covenants with the City regarding permanent conditions of development.
5.103.08 Special Conditional Use - Historically or Architecturally Significant Building
A. Purpose: The purpose of the Type III Special Conditional Use is to create a procedure that
allows consideration of the adaptive reuse of historically or architecturally significant
buildings in the RS and RM zones for more intensive use than permitted outright in the zone
in order to conserve the site or building resource. The procedure is intended to provide
appropriate opportunities for the maintenance and use of significant cultural resources,
including those designated on the National Register of Historic Places, having award -
winning design, or that are locally designated as a cultural resource, that would not
otherwise be economically practical, and where a zone change would be inappropriate.
B. Criteria:
1. The proposed use shall be permitted as a conditional use within the zoning district.
2. The proposed use shall comply with the development standards of the zoning district.
3. The proposed use shall be compatible with the surrounding properties. Relevant factors
to be considered in determining whether the proposed use is compatible include:
a. The suitability of the size, shape, location and topography of the site for the
proposed use;
b. The capacity of public water, sewerage, drainage, street and pedestrian facilities
serving the proposed use;
c. The impact of the proposed use on the quality of the living environment, such as:
(1) Noise;
(2) Illumination;
(3) Hours of operation;
(4) Air quality;
(5) Aesthetics; and
(6) Vehicular traffic.
Woodburn Development Ordinance Draft May 13, 2013 Section 5.103 Page 5
d. The conformance of the proposed use with applicable Comprehensive Plan
policies; and
e. The suitability of proposed conditions of approval to ensure compatibility of the
proposed use with other uses in the vicinity.
f. The proposed use shall be compatible with the surrounding properties.
4. The specific standards and criteria of this Ordinance (Section 2.204) shall be met.
5.103.09 Special Use as a Conditional Use
A. Purpose: The purpose of this Type III decision is to allow modification or elimination of
specific development standards required for Special Permitted Uses listed in this Ordinance
(Section 2.203). Modification or elimination of specific development standards are
approved as a Conditional Use.
B. Criteria:
1. The proposed use shall be permitted as a Special Use within the zoning district.
2. The proposed use shall comply with the development standards of the zoning district.
3. The proposed use shall be compatible with the surrounding properties. Relevant factors
to be considered in determining whether the proposed use is compatible include:
a. The suitability of the size, shape, location and topography of the site for the
proposed use;
b. The capacity of public water, sewerage, drainage, street and pedestrian facilities
serving the proposed use;
c. The impact of the proposed use on the quality of the living environment, such as:
(1) Noise;
(2) Illumination;
(3) Hours of operation;
(4) Air quality;
(5) Aesthetics; and
(6) Vehicular traffic.
d. The conformance of the proposed use with applicable Comprehensive Plan
policies; and
e. The suitability of appropriate standards of this Ordinance and other proposed
conditions of approval to ensure compatibility of the proposed use with other uses
in the vicinity.
5.103.10 Subdivision Preliminary Approval
A. Purpose: The purpose of a Type III Subdivision decision is to ensure that the division of
Woodburn Development Ordinance Draft May 13, 2013 Section 5.103 Page 6
properties into 4 or more lots complies with the standards of this Ordinance (Sections 2.2,
2.3, and 3.1). Subdivisions are allowed in all zones, provided the proposal meets applicable
standards.
B. Criteria: Preliminary approval of a Subdivision shall require compliance with the following:
1. That approval does not impede the future best use of the remainder of the property
under the same ownership or adversely affect the safe and efficient development of the
remainder of any adjoining land or access thereto.
2. That the proposed development shall be served with city streets, water, sewer and storm
drainage facilities with adequate capacity.
3. That the plan for the development takes into account topography, vegetation and other
natural features of the site.
4. That adequate measures have been planned to alleviate identified hazards and
limitations to development:
a. For wetlands these shall be the measures required by the Division of State Lands
for regulatory wetlands.
b. For unstable areas, demonstration that streets and building sites are on geologically
stable soil considering the stress and loads.
5. The preliminary plat complies with all applicable provisions of this Ordinance (Sections
2.1, 2.2, and 3. 1), except where waived by variance.
5.103.11 Telecommunications Facility, Specific Conditional Use
A. Purpose: The purpose of this Type III review is to provide a procedure to consider the siting
of telecommunication facilities subject to the standards of this Ordinance (Sections 2.1, 2.2,
and 3.1).
B. Criteria:
1. The proposed use shall be listed as an allowed conditional use within the zoning district.
2. The proposed use shall comply with the development standards of the zoning district.
3. The proposed use shall be compatible with the surrounding properties. Relevant factors
to be considered in determining whether the proposed use is compatible include:
a. The suitability of the size, shape, location and topography of the site for the
proposed use;
b. The capacity of public water, sewerage, drainage, street and pedestrian facilities
serving the proposed use;
c. The impact of the proposed use on the quality of the living environment:
(1) Noise;
(2) Illumination;
(3) Hours of operation;
Woodburn Development Ordinance Draft May 13, 2013 Section 5.103 Page 7
(4) Air quality;
(5) Aesthetics; and
(6) Vehicular traffic.
4. The conformance of the proposed use with applicable Comprehensive Plan policies; and
5. The suitability of proposed conditions of approval to ensure adequate public facilities
are available to serve the site and compatibility with other uses in the vicinity.
6. The specific standards and criteria this ordinance (Section 2.204.03) shall be met.
5.103.12 Variance
A. Purpose: The purpose of this Type III Variance is to allow use of a property in a way that
would otherwise be prohibited by this Ordinance. Uses not allowed in a particular zone are
not subject to the variance process. Standards set by statute relating to siting of
manufactured homes on individual lots; siding and roof of manufactured homes; and
manufactured home and dwelling park improvements are non - variable.
B. Criteria: A variance may be granted to allow a deviation from development standard of this
ordinance where the following criteria are met:
Strict adherence to the standards of this ordinance is not possible or imposes an
excessive burden on the property owner, and
2. Variance to the standards will not unreasonably impact existing or potential uses or
development on the subject property or adjacent properties.
C. Factors to Consider: A determination of whether the criteria are satisfied involves balancing
competing and conflicting interests. The factors that are listed below are not criteria and are
not intended to be an exclusive list and are used as a guide in determining whether the
criteria are met.
1. The variance is necessary to prevent unnecessary hardship relating to the land or
structure, which would cause the property to be unbuildable by application of this
Ordinance. Factors to consider in determining whether hardship exists, include:
a. Physical circumstances over which the applicant has no control related to the piece
of property involved that distinguish it from other land in the zone, including but
not limited to, lot size, shape, and topography.
b. Whether reasonable use similar to other properties can be made of the property
without the variance.
c. Whether the hardship was created by the person requesting the variance.
2. Development consistent with the request will not be materially injurious to adjacent
properties. Factors to be considered in determining whether development consistent
with the variance materially injurious include, but are not limited to:
a. Physical impacts such development will have because of the variance, such as
visual, noise, traffic and drainage, erosion and landslide hazards.
Woodburn Development Ordinance Draft May 13, 2013 Section 5.103 Page 8
b. Incremental impacts occurring as a result of the proposed variance.
Existing physical and natural systems, such as but not limited to traffic, drainage,
dramatic land forms or parks will not be adversely affected because of the variance.
4. Whether the variance is the minimum deviation necessary to make reasonable economic
use of the property;
5. Whether the variance conflicts with the Woodburn Comprehensive Plan.
Woodburn Development Ordinance Draft May 13, 2013 Section 5.103 Page 9
5.104 Type IV (Quasi- Judicial) Decisions
5.104 General Requirements
A. The purpose of this section is to identify what types of actions are considered Type IV
decisions. Type IV decisions involve the greatest amount of discretion and require
evaluation of approval standards. These decisions are heard by the Planning Commission
and City Council. The process for these land use decisions is controlled by ORS 197.763.
Notice of the land use application and public hearing is published and mailed to the
applicant, recognized neighborhood associations and property owners. The City Council
decision is the City's final decision and is appealable to the Land Use Board of Appeals.
B. To initiate consideration of a Type IV decision, a complete City application, accompanying
information, and filing fee must be submitted to the Director. The Director will evaluate the
application as outlined in this section.
5.104.01 Annexation
5.104.02 Comprehensive Plan Map Change, Owner Initiated
5.104.03 Formal Interpretation of the Woodburn Development Ordinance
5.104.04 Official Zoning Map Change, Owner Initiated
5.104.01 Annexation
A. Purpose: The purpose of this Type IV review is to provide a procedure to incorporate
contiguous territory into the City in compliance with state requirements, Woodburn
Comprehensive Plan, and Woodburn Development Ordinance.
B. Mandatory Pre - Application Conference: Prior to requesting annexation to the City, a Pre -
Application Conference (Section 4.101.04) is required. This provides the city an
opportunity to understand the proposed annexation and an opportunity to provide
information on the likely impacts, limitations, requirements, approval standards, and other
information that may affect the proposal.
C. Criteria:
Compliance with applicable Woodburn Comprehensive Plan goals and policies
regarding annexation.
2. Territory to be annexed shall be contiguous to the City and shall either:
a. Link to planned public facilities with adequate capacity to serve existing and future
development of the property as indicated by the Woodburn Comprehensive Plan; or
b. Guarantee that public facilities have adequate capacity to serve existing and future
development of the property.
3. Annexations shall show a demonstrated community need for additional territory and
development based on the following considerations:
a. Lands designated for residential and community uses should demonstrate
Woodburn Development Ordinance Draft May 13, 2013 Section 5.104 Page 1
substantial conformance to the following:
(1)
The territory to be annexed should be contiguous to the City on two or more
sides;
(2)
The territory to be annexed should not increase the inventory of buildable land
designated on the Comprehensive Plan as Low or Medium Density Residential
within the City to more than a 5 -year supply;
(3)
The territory proposed for annexation should reflect the City's goals for
directing growth by using public facility capacity that has been funded by the
City's capital improvement program;
(4)
The site is feasible for development and provides either:
(i) Completion or extension of the arterial /collector street pattern as depicted
on the Woodburn Transportation System Plan; or
(ii) Connects existing stub streets, or other discontinuous streets, with another
public street.
(5)
Annexed fulfills a substantial unmet community need, that has been identified
by the City Council after a public hearing. Examples of community needs
include park space and conservation of significant natural or historic resources.
b. Lands
designated for commercial, industrial and other uses should demonstrate
substantial conformance to the following criteria:
(1)
The proposed use of the territory to be annexed shall be for industrial or other
uses providing employment opportunities;
(2)
The proposed industrial or commercial use of the territory does not require the
expansion of infrastructure, additional service capacity, or incentives that are
in excess of the costs normally borne by the community for development;
(3)
The proposed industrial or commercial use of the territory provides an
economic opportunity for the City to diversify its economy.
D. Procedures:
An annexation may be initiated by petition based on the written consent of:
a. The owners of more than half of the territory proposed for annexation and more
than half of the resident electors within the territory proposed to be annexed; or
b. One hundred percent of the owners and fifty percent of the electors within the
territory proposed to be annexed; or
c. A lesser number of property owners.
2. If an annexation is initiated by property owners of less than half of property to be
annexed, after holding a public hearing and if the City Council approves the proposed
annexation, the City Council shall call for an election within the territory to be annexed.
Otherwise no election on a proposed annexation is required.
3. The City may initiate annexation of an island (ORS 222.750), with or without the
consent of the property owners or the resident electors. An island is an unincorporated
Woodburn Development Ordinance Draft May 13, 2013 Section 5.104 Page 2
territory surrounded by the boundaries of the City. Initiation of such an action is at the
discretion of the City Council.
E. Zoning Designation for Annexed Property: All land annexed to the City shall be designated
consistent with the Woodburn Comprehensive Plan, unless an application to re- designate the
property is approved as part of the annexation process.
5.104.02 Comprehensive Plan Map Change, Owner Initiated
A. Purpose: The purpose of an Owner Initiated Comprehensive Map Change is to provide a
process for the consideration of a change in use designation on the Woodburn
Comprehensive Plan, initiated by the property owner.
B. Criteria: The applicant shall demonstrate the following:
Proof that the current Comprehensive Plan Map is in error, if applicable.
2. Substantial evidence showing how changes in the community warrant the proposed
change in the pattern and allocation of land use designations.
3. Substantial evidence showing how the proposed change in the land use designation
complies with:
a. Statewide Planning Goals and Oregon Administrative Rules;
b. Comprehensive Plan goals and policies; and
c. Sustains the balance of needed land uses within the Woodburn Urban Growth
Boundary.
4. Amendments to the comprehensive plan and land use standards which significantly
affect a transportation facility shall ensure that allowed land uses are consistent with the
function, capacity, and level of service of the facility identified in the Transportation
System Plan. This shall be accomplished by one of the following:
a. Limiting allowed land uses to be consistent with the planned function of the
transportation facility; or
b. Amending the Transportation System Plan to ensure that existing, improved, or
new transportation facilities are adequate to support the proposed land uses
consistent with the requirement of the Transportation Planning Rule; or,
c. Altering land use designations, densities, or design requirements to reduce demand
for automobile travel and meet travel needs through other modes of transportation.
5.104.03 Formal Interpretation of the Woodburn Development Ordinance
A. Purpose: The purpose of a Type IV Interpretation is to provide a procedure for the City
Council to consider and to clarify an ambiguous element of the Woodburn Development
Ordinance.
B. Criteria: The appropriateness of the proposed interpretation shall be reviewed in light of the
following factors:
Woodburn Development Ordinance Draft May 13, 2013 Section 5.104 Page 3
I . The consistency of the proposed interpretation with the intent of the Comprehensive
Plan, based on an evaluation of applicable goals and policies;
2. The compatibility of the interpretation with associated definitions, guidelines and
standards of the Woodburn Development Ordinance and applicable state statutes;
3. The positive and negative consequences of the interpretation on the subject property,
properties in the vicinity and its application throughout the City as a whole; and
4. The need for further consideration as either an amendment of this ordinance or the
consideration through the appropriate permitting review procedure.
5.104.04 Official Zoning Map Change, Owner Initiated
A. Purpose: The purpose of an Owner Initiated Official Zoning Map Change is to provide a
procedure to change the Official Zoning Map, in a manner consistent with the Woodburn
Comprehensive Plan.
B. Criteria: The following criteria shall be considered in evaluating an Official Zoning Map
Change;
1. Demonstrated need for the proposed use and the other permitted uses within the
proposed zoning designation.
2. Demonstrated need that the subject property best meets the need relative to other
properties in the existing developable land inventory already designated with the same
zone considering size, location, configuration, visibility and other significant attributes
of the subject property.
3. Demonstration that amendments which significantly affect transportation facilities
ensure that allowed land uses are consistent with the function, capacity, and level of
service of the facility identified in the Transportation System Plan. This shall be
accomplished by one of the following:
a. Limiting allowed land uses to be consistent with the planned function of the
transportation facility; or
b. Amending the Transportation System Plan to ensure that existing, improved, or
new transportation facilities are adequate to support the proposed land uses
consistent with the requirement of the Transportation Planning Rule; or,
c. Altering land use designations, densities, or design requirements to reduce demand
for automobile travel and meet travel needs through other modes of transportation.
C. Delineation: Upon approval, a zone change shall be delineated on the Official Zoning Map
by the Director. A zone change subject to specific conditions shall be annotated on the
Official Zoning Map to indicate that such conditions are attached to the designation.
Woodburn Development Ordinance Draft May 13, 2013 Section 5.104 Page 4
Street Design Standards 7 -2B
Additional Street Sections
LOCAL
RESIDENTIAL
WITH
PARKING
BOTH SIDES
Local Residential
With Parking Both
Sides, 28 ft Pavement
Width
7' 14' 7'
5' :r 6 , ' PARKING TRAVEL LANE PARKING 6' _ 5'
(QUEING)
PLANTING PLANTING
PUBLIC i h -� STRIP STRIP ,� # : PUBLIC
UTILITY ; SIDEWALK 28 ' _ SIDEWALK: UTILITY
EASEMENT; PAVEMENT ;EASEMENT
52'
RIGHT -OF -WAY
Legislative Amendment 2012 -01 December 2012
5.5' I 11 11 5.5
SIDE 7.5' TRAVEL TRAVEL ( 7.5' SIDE PUBLIC
PUBLIC UTILITY 5' 1 PARKING LANE LANE PARKING WALK { 1 5'' UTILITY
WALK
EASEMENT 5' i EASEMENT
ROW =50'