February 9, 2015 Agenda
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ITY ALL OUNCIL HAMBERS ONTGOMERY TREET
1.CALL TO ORDER AND FLAG SALUTE
2.ROLL CALL
3.ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
None.
Appointments:
None.
4.COMMUNITY/GOVERNMENT ORGANIZATIONS
A.Woodburn School District
5.PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
A.2014 Woodburn Police Department AnnualReport
6.COMMUNICATIONS
.
None
–
This allows the public to introduce items for Council
7.BUSINESS FROM THE PUBLIC
consideration not already scheduled on the agenda.
–Items listed on the consent agenda are considered routine
8.CONSENT AGENDA
and may be adopted by one motion. Any item may be removed for discussion
at the request of a Council member.
A.Woodburn City Council minutes of January 26, 20151
This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980-
6318at least 24 hours prior to this meeting.
**Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo.
Comuníquese al (503) 980-2485.**
February 9, 2015Council Agenda Page i
Recommended Action:Approve the minutes.
B.Woodburn City Council Executive Session minutes of January 5
26, 2015
Recommended Action: Approve the minutes.
C.Woodburn Library Board minutes of January 14, 20156
Recommended Action: Accept the minutes.
D.Crime Statistics through December 2014
Recommended Action: Receive the report. 8
9.TABLED BUSINESS
None.
10.PUBLIC HEARINGS
None.
–Members of the public wishing to comment on items of general
11.GENERAL BUSINESS
business must complete and submit a speaker’s card to the City Recorder prior to
commencing this portion of the Council’s agenda. Comment time may be limited
by Mayoral prerogative.
A.Council Bill No. 2974 -An Ordinance Amending the Woodburn 13
Development Ordinance to EstablishZoning Regulations for
Marijuana Dispensaries and Declaring an Emergency
Recommended Action:Adopt Ordinance 2526 approving
Legislative Amendment 2014-01.
–
These are
12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS
Planning Commission or Administrative Land Use actions that may be called up
by the City Council.
None.
13.CITY ADMINISTRATOR’S REPORT
14.MAYOR AND COUNCIL REPORTS
15.ADJOURNMENT
February 9, 2015Council Agenda Page ii
COUNCIL MEETING MINUTES
JANUARY 26, 2015
DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
0:00
OF MARION, STATE OF OREGON, JANUARY 26, 2015
CONVENED
The meeting convened at 7:00 p.m. with Mayor Figley presiding.
ROLL CALL
Mayor Figley Present
Councilor CarneyPresent
Councilor LonerganPresent
Councilor Schaub Present
Councilor Morris Present
Councilor Ellsworth Present
Councilor Alonso Leon Present
Staff Present:
City Administrator Derickson, City Attorney Shields, Human Resources
Director Hereford, Finance Director Head, Police Chief Russell, Economic and
Development Director Hendryx, Community Services Director Row, Public Works Director
Scott, Communications Coordinator Horton, Urban Renewal Manager Stowers,City
Recorder Pierson
APPOINTMENTS
0:00
Lonergan/Alonso Leon
… appoint David Piper and Abigail Velasco to the Woodburn
Recreation and Park Board. The motion passed unanimously.
PRESENTATION
0:02
Mike Gushard, Heritage Outreach Specialistwith the State Historic Preservation office,
provided a presentation on the Downtown Historic survey that was completed over the
summer.
CONSENT AGENDA
0:20
A.
Woodburn City Council minutes December 8, 2014,
B.
Woodburn Planning Commission minutes of October 23, 2014,
C.
Woodburn Recreation and Park Board minutes of November 18, 2014,
D.
Crime Statistics through November 2014,
E.
Building Activity for December 2014,
F.
New Outlet/Name-Full On-Premise Sales.
Councilor Ellsworth asked if it is possible to have a presentation on the survey that was done
regarding the Fiesta Mexicana and Community Services Director Row stated that he would
Lonergan/Ellsworth
be happy to share those results with the Council. ... adopt the Consent
Agenda. The motion passed unanimously.
Page 1 - Council Meeting Minutes, January 26, 2015
1
COUNCIL MEETING MINUTES
JANUARY 26, 2015
PUBLIC HEARINGS
0:24
A Public Hearing to consider Legislative Amendment LA 2014-01 (Medical Marijuana
Dispensaries).Mayor Figley declared the hearing open at 7:24 p.m. for the purpose of
hearing public input on Legislative Amendment LA 2014-01 (Medical Marijuana
Dispensaries). City Administrator Derickson provided a staff report. Economic and
Development Director Hendryx provided background information and information on land
use standards. Mayor Figley asked if anyone from the public would like to speak on this
subject. Lathen Gorbett and Zack Stratford with Oregon Resource Group in Portland,
provided a packet of information on medical marijuana dispensaries to the City Council.
Mr. Gorbett stated that they are a consulting group that helps people make real estate and
business decisions when it comes to medical marijuana. He stated that having dispensaries
in the proposed area may not be safe and he doesn’t believe it is a good place for them to be.
Claudio Lima, Woodburn, stated that he is concerned about the information presented to
Council and that marijuana is a drug and this is not something that should be taken lightly.
Mayor Figleydeclared the hearing closed at 8:14 p.m. Councilor Lonergan thanked the
Planning Commission for spending a lot of time on this. He stated that he believes the
industrial park is a safe environment and that area is the best area for dispensaries in the
City. Councilor Morris stated that he feels this is a solution that plugs us in to do what is
required and that this is a good start. Councilor Alonso Leon concurred stating that this is
new for the community and allowing dispensaries in this area is a good first step. Councilor
Schaub concurred with Councilor Morris and Councilor Alonso Leon that putting them out
in the industrial park area the Planning Commission has recommended is a good first step.
Councilor Ellsworth thanked the Planning Commission for their work on this but stated that
she was surprised to see that this is the only area where it will be allowed. She added that
she was hoping there would be two or three areas where dispensaries would be allowed.
Mayor Figley stated that she appreciates the work of the Planning Commission and is not
going to second guess their decision. Councilor Carney asked staff to investigate how many
medical marijuana cards holders are in Woodburn and bring that information to the
Lonergan/Alonso Leon
workshop. …direct staff to return with an ordinance for medical
marijuana dispensaries in accordance with the Planning Commission’s recommendation. On
roll call vote the motion passed unanimously.
COUNCIL BILL NO. 2973 - AN ORDINANCE ADOPTING CERTAIN
1:31
RECREATION PROGRAM AND PARK RENTAL FEES FOR INCLUSION IN THE
MASTER FEE SCHEDULE AND REPEALING ALL RECREATION PROGRAM
AND PARK RENTAL FEES AND CHARGES THAT ARE INCONSISTENT WITH
THIS ORDINANCE
Lonergan
introduced Council Bill No. 2973. Recorder Pierson read the two readings of the
bill by title only since there were no objections from the Council. Community Services
Director Row provided a staff report. On roll call vote for final passage, the bill passed
unanimously. Mayor Figley declared Council Bill No. 2973 duly passed.
Page 2 - Council Meeting Minutes, January 26, 2015
2
COUNCIL MEETING MINUTES
JANUARY 26, 2015
FY 2015/16 FINANCIAL PLAN
1:39
City Administrator Derickson provided a staff report and Finance Director Head provided
information on the financial forecast.
Lonergan/Ellsworth
… adopt the attached FY 2015/16Financial Plan (Budget Policies &
Fiscal Strategy andFive-Year Financial Forecast). The motion passed unanimously.
PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS
1:48
A.Planning Commission approval of Design Review 2014-03 and Variance 2014-
02,located at 2990 Newberg Highway (Chevron)
B.Director approval of Partition PAR 2014-04, located at 516 and 530 Prairie
Street
C.Director approval of Partition PAR 2014-05, located at 3683 Sweetwater
Avenue
Council declined to call these items up for review.
CITY ADMINISTRATOR’S REPORT
1:49
City Administrator Derickson stated they are looking at using the second meeting of each
month to have less business and instead focus on having a workshop session on various
policy issues. He stated that the marijuana issue is scheduled for February and that in March
the focus will be on updating the Urban Renewal District. Councilor Ellsworth asked if they
will be having any goal setting sessions and City Administrator Derickson stated that they
th
will be having a goal setting meeting on March 7.
MAYOR AND COUNCIL REPORTS
1:58
Councilor Alonso Leon stated that she is excited to do strategic planning.
EXECUTIVE SESSION
1:58
Mayor Figley entertained a motion to adjourn into executive session under the authority of
Lonergan/Morris
ORS 192.660 (2)(h) and ORS 192.660 (2)(f). … to move into executive
session. The Council adjourned to executive session at 8:59 p.m. and reconvened at 9:30
p.m. Mayor Figley stated that no action was taken by the Council while in executive
session.
ADJOURNMENT
2:31
Alonso Leon/Ellsworth
...meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:31 p.m.
APPROVED
KATHRYN FIGLEY, MAYOR
Page 3 - Council Meeting Minutes, January 26, 2015
3
COUNCIL MEETING MINUTES
JANUARY 26, 2015
ATTEST
Heather Pierson,City Recorder
City of Woodburn, Oregon
Page 4 - Council Meeting Minutes, January 26, 2015
4
EXECUTIVE SESSION
COUNCIL MEETING MINUTES
JANUARY 26, 2015
DATECONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, JANUARY 26, 2015
CONVENED
The Council met in executive session at 9:06 p.m. with Mayor Figley presiding.
ROLL CALL
Mayor FigleyPresent
Councilor Schaub Present
Councilor Lonergan Present
Councilor Carney Present
Councilor Morris Present
Councilor Alonso Leon Present
Councilor Ellsworth Present
Staff Present:
City Administrator Derickson, City Attorney Shields, Police Chief Russell, City
Recorder Pierson
Media Present:
Tyler Francke,Woodburn Independent
Others Present:
Karen Vickers, Mersereau Shannon LLP
The executive session was called:
To consult with counsel concerning the legal rights and duties of a public body
with regard to current litigation or litigation likely to be filed pursuant to ORS
192.660 (2)(h).
To consider records that are exempt by law from public inspection pursuant to
ORS 192.660 (2)(f).
ADJOURNMENT
The executive session adjourned at 9:30 p.m.
APPROVED_______________________________
KATHRYN FIGLEY, MAYOR
ATTEST_______________________________
Heather Pierson,CityRecorder
City of Woodburn, Oregon
Page1 – Executive Session, Council Meeting Minutes, January 26, 2015
5
City of Woodburn
Public Library Board
Minutes
January 14, 20156:30p.m.
CALL TO ORDER
1.
The meeting was called to order at 6:30 p.m.
ROLL CALL
2.
Position I J.D. Mitchoff (12/17) Present
Position II Vacant (12/17)
Position III Nancy Kirksey, President (12/17) Present
Position IV Neal Hawes, Vice-President (12/15) Absent
Position V Ian Niktab (12/17) Present
Position VI Phyllis McKean (12/16) Present
Position VII Mason Brown (7/17) Present
MINUTES April 9, 2014
3.
JD Mitchoff/Phyllis McKean
Motion to accept the minutes was offered and seconded.
The motion passed unanimously.
BUSINESS FROM THE PUBLIC
4.
None.
BOARD REPORT
5.
None.
OLD BUSINESS
6.
Local Library Cards
John Hunter
Hunterinformed the board that changes have been made to the librarys local library card
program. To be consistent with other libraries within the cooperative that offer such
cards, the 10-item card was eliminated and the price of the 25-item card was lowered to
$15.All but one of the 230+ cards issued thus far were at the $15 cost. The impact of this
change should be to increase borrowing among these card holders, which should then
increase overall library circulation.
JD Mitchoff/Ian Niktab
Motion to endorse the modifications to the local library card
program was unanimously approved.
NEW BUSINESS
7.
New Library Software System
John Hunter
6
Hunterprovided a status update related to the librarys recent migration to a new library
management system shared with other libraries within the CCRLS cooperative. While
primary functions are working without issue (adding materials, adding patrons, and
circulating materials to patrons), there are some functions that are not yet in place that are
affecting patrons. These include: telephone notices; the CCRLS mobile application: self-
check machine; statistics; items not appearing in the web catalog; and credit card
acceptance.CCRLS and software vendor staff continue to work on these functional
issues.
Loans to Federal Prison
John Hunter
Presently, the library allows its materials to be borrowed by prisoners who are housed in
the federal penitentiary in Sheridan. It was mentioned at the last CCRLS library directors
meeting that some libraries do not loan materials to prisoners because the materials in the
past have been be lost, damaged,or used for smuggling contraband. In one extreme case,
loaned materials even became the basis of an FBI investigation. Hunter solicited the
opinions of the boards members regarding the librarys participation in the program. The
board offered its support. Kirksey asked if there were measures in place to ensure
Woodburns materials were returned. Hunter offered that they were likely similar to
measures in place for a typical patron. \[This information was later confirmed by Hunter.
Lost materials are reimbursed by the prison or the prisoner.\] Niktab expressed an interest
in establishing a relationship with McLaren Youth Correctional Facility. McKean agreed
and expressed interest in a tour of McLaren, if possible. Hunter agreed to investigate and
have relevant staff provide a report at the boards April meeting.
MANAGER REPORTS
8.
Library Statistics October-December 2014
John Hunter
Quarterly statistics indicated decreased usage of the library facility and physical collections
for the fall quarter. While the library is typically least used in the autumn, the library was
slower than the previous year. Circulation continues to out-perform attendance, meaning
fewer patrons are borrowing more items in aggregate. For the quarter (excluding
December), an average of 12,172 items were borrowed and an average of 10,542 patrons
visited the library each month. The library was a net lender for the quarter, meaning the
library loaned more items to other CCRLS libraries than it borrowed. Online circulation of
digital items from Library2Go continues to grow significantly, and was just under 1,000
circulations per month. Program attendance increased, and public computer use increased.
FUTURE BOARD BUSINESS
9.
Next scheduled meeting is April 8, 2015.
ADJOURNMENT
10.
JD Mitchoff/Nancy Kirksey
Motion to adjourn meeting and seconded at 7:18 p.m.
7
8
9
10
11
12
Agenda Item
February 9, 2015
TO: Honorable Mayor and City Council through City Administrator
FROM: Jim Hendryx, Director of Economic & Development Services
SUBJECT:
Ordinance Enacting Legislative Amendment 2014-01 Regarding
Marijuana Dispensaries
RECOMMENDATION:
Adopt Ordinance 2526 approving Legislative Amendment 2014-01.
BACKGROUND:
The Oregon Medical Marijuana Act was approved by initiative petition (Ballot
Measure 67) in 1998. In 2013, the Oregon Legislature passed HB 3460 creating a
medical marijuana registration system and allowing medical marijuana facilities
to be located in areas zoned for commercial, industrial, or mixed use. In 2014, SB
1531 was passed by the Oregon Legislature clarifying the authority of cities and
counties regarding medical marijuana facilities and giving them the legal
authority to enact a moratorium on the operation of registered medical
marijuana facilities.
The City Council imposed a moratorium pursuant to state law and formally
initiated an amendment to the Woodburn Development Ordinance to establish
appropriate zoning regulations for medical marijuana facilities. The Planning
Commission held a public hearing on December 11, 2015. The City Council
conducted a public hearing on January 26, 2015, heard public testimony and
then instructed staff to prepare an Ordinance, with an emergency clause, for
presentation at the February 9, 2015 meeting.
DISCUSSION:
As staff stated at the January 26, 2015 public hearing, the Planning Commission,
pursuant to the City Council’s direction, also conducted a public hearing,
considered the relevant issues and submitted recommended zoning regulations
applicable to marijuana dispensaries. Those regulations are memorialized in the
attached ordinance amending the Woodburn Development Ordinance (the
Agenda Item Review: City Administrator __x____ City Attorney ___x___ Finance __x___
13
Honorable Mayor and City Council
February 9, 2015
Page 2
WDO). More specifically, the WDO is amended to provide for marijuana
dispensaries as a Special Permitted Use in the Light Industrial (IL) and Industrial
Park (IP) zones. Marijuana dispensaries are prohibited as a Home Occupation
and from Outdoor Marketing and Special Events. Finally, the WDO is amended
to provide locational and siting standards for marijuana dispensaries.
An emergency clause was included in the ordinance so that it takes effect
immediately upon passage and approval by the Mayor. This was requested by
the City Council and is necessary because the moratorium expires on February
25, 2015.
FINANCIAL IMPACT:
This decision is anticipated to have minimal financial impacts to the City.
14
COUNCIL BILL NO. 2974
ORDINANCE NO. 2526
AN ORDINANCE AMENDING THE WOODBURN DEVELOPMENT ORDINANCE TO
ESTABLISH ZONING REGULATIONS FOR MARIJUANA DISPENSARIES AND DECLARING
AN EMERGENCY
in1998, Ballot Measure 67 established the Oregon Medical
WHEREAS,
Marijuana Act, which is codified in ORS 475.300 –475.346; and
in the 2013 Special Session, the Oregon Legislature approved
WHEREAS,
House Bill 3460 which creates a medical marijuana registration system and allows
for medical marijuana facilities to be located in areas zoned for commercial,
industrial, or mixed use; and
; in 2014 the Oregon Legislature passed Senate Bill 1531, clarifying
WHEREAS
the authority of cities and counties regarding medical marijuana facilities and
giving them the legal authority to enact a moratorium for a period of one (1) year
on the operation of registered medical marijuana facilities;and
by Ordinances 2514 and 2518, the City Council imposed a
WHEREAS,
moratorium pursuant to state law and formally initiated an amendment to the
Woodburn Development Ordinance to establish appropriate zoning regulations
for medical marijuana facilities; and
The Planning Commission held apublic hearing on December
WHEREAS,
11, 2015, where unanimously they recommended approval of LA 2014 –01
(Medical Marijuana Dispensaries); and
the City Council conducted a public hearing on January 26,
WHEREAS,
2015, during which they accepted publictestimony, closed the public hearing
and instructed staff to prepare an Ordinance effecting the proposed
amendments thatestablishes the zoning regulations for marijuana dispensaries;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 2, Table 2.04A () of the
Uses Allowed in Industrial Zone
Section 1.
Woodburn Development Ordinance(“the WDO”) is amended as provided in
Exhibit “A”, which is attached hereto, identifying marijuana dispensaries as a
Special Permitted Use in the Light Industrial (IL) and Industrial Park(IP) zones.
Page 1 –Council Bill No. 2974
Ordinance No.2526
15
Section 2.07.10 () of the WDO is amended as
Home Occupations
Section 2.
provided in Exhibit “A”, prohibiting marijuana dispensaries as a Home Occupation
and incorporated herein by this reference.
Section 2.07.17 (
Temporary Outdoor Marketing and Special
Section 3.
) of the WDO is amended as provided in Exhibit “A”, prohibiting marijuana
Events
and marijuana dispensaries from outdoor marketing and special events hereto
and incorporated herein by this reference.
The WDOis amended to include Section 2.07.19, establishing
Section 4.
locational and sitting standards for marijuana dispensaries as provided for in
Exhibit “A” andincorporated herein by this reference.
The WDO amendments referenced in Section 1 to 4 above are
Section 5.
based upon and justified by the Staff Report (Application LA 2014-01) dated
December 22, 2014, which was considered by the City Council, was made a part
of the public hearing records and is incorporated herein.
This Ordinance being necessary for the immediate preservation
Section 6.
of the public peace, health, and safety since the City must adopt zoning
regulations that take effect prior to the expiration of the moratorium, an
emergency is declared to exist and thisordinance shall take effect immediately
upon passage and approval by the Mayor.
Approved as to form:
City AttorneyDate
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson,City Recorder
City of Woodburn, Oregon
Page 1 –Council Bill No. 2974
Ordinance No.2526
16
Exhibit A
New text italicized, underlined and highlighted
Uses Allowed in Industrial Zones
Table 2.04A
UseZone
Accessory Uses (A) Conditional Uses (CU) Permitted Uses
(P)ILIPP/SPSWIR
Special Permitted Uses (S) Specific Conditional Uses (SCU)
ACivic Uses
1
Golf driving range PPCU
2Parks, play grounds and associated activities,golf courses
P
without a driving range
3Publicadministration, aquatic facilities, fire protection,
P P CUP
government and public utility buildings and storage yards
4Rights-of-way,easements and improvements for streets, water,
sanitary sewer, gas, oil, electric and communication lines, P P P P
stormwaterfacilities and pump stations.
5
Trade schoolsPPCUP
BCommercialRetail and Services
1Ambulance servicePP
2Automotive maintenance andgasoline stations,including
P P
repair services
3Business servicesPP
4Contractors:
a.Flooring and roofing
b.Equipment and machinery
P P
c.Glass and glazing
d.Masonry, drywall, insulation and tile contractors
e.Other types of contractors
5
Delivery servicesSSSS
6
Fitness andrecreational sportsPPP
7
Hospitals and ancillary uses PCUP
8
Restaurants and drinking places PPP
9
Marijuana dispensaries SS
CIndustrial
1
Auction houses,except livestock and poultry salesCU
2
Automotive wrecking yardsCU
Exhibit “A” LA 2014-01
Page 1 -
Ordinance No. 2526
Uses Allowed in Industrial Zones
Table 2.04A
UseZone
Accessory Uses (A) Conditional Uses (CU) Permitted Uses
(P)ILIPP/SPSWIR
Special Permitted Uses (S) Specific Conditional Uses (SCU)
3Charter buses, special needs transportation, transit system,
P P
school transportation, limousine service and taxi service
4Chemical manufacturingCUCU
5Recycling centerCUCU
6Asphalt or Portland cement concrete batch plantCUCU
7Commercial and industrial equipment repair, transit and
P CU
ground transportation
8Electronic 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
9Fabricated metal products, including fabricating ferrous and
non-ferrous metal products such as metal cans, tin ware, hand
tools, cutlery, general hardware, non-electric heating CUP
apparatus, fabricated structural metal products, metal forgings,
metal stampings, and metal and wire products
10Industrial 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,
P P P
trucks and tractors; metalworking machinery; special industry
machinery; general industrial machinery; computer and
peripheral equipment and office machinery; and refrigeration
and service industry machinery
Exhibit “A” LA 2014-01
Page 2 -
Ordinance No. 2526
Uses Allowed in Industrial Zones
Table 2.04A
UseZone
Accessory Uses (A) Conditional Uses (CU) Permitted Uses
(P)ILIPP/SPSWIR
Special Permitted Uses (S) Specific Conditional Uses (SCU)
11Heavy 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
dealersS 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
12Manufacturing:
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
13Motor freight transportation and warehousing, including local
or long-distance trucking or transfer services, storage of farm
P CUP
products, furniture and other household goods, and commercial
goods
14Non-depository credit institutions engaged in extending credit
P P
in the form of loans, but not engaged in deposit banking
15
Paper manufacturingCU
16
Parking lots and garages PP
17Petroleum and coal products manufacturing with all storage
CU
underground
18Printing, publishing, and allied industries PPP
19
Professional services PP
20Stone, clay, glass, and concrete products including
manufacturing flat glass, other glass products, cement,
structural clay products, pottery, concrete and gypsum
P P
products, cut stone, abrasive and asbestos products, and other
products from materials taken principally from the earth in the
form of stone, clay, and sand
Exhibit “A” LA 2014-01
Page 3 -
Ordinance No. 2526
Uses Allowed in Industrial Zones
Table 2.04A
UseZone
Accessory Uses (A) Conditional Uses (CU) Permitted Uses
(P)ILIPP/SPSWIR
Special Permitted Uses (S) Specific Conditional Uses (SCU)
21
Telecommunication facilities subject to Section 2.08.03SCUSCUSCU
22
Wholesale trade in durable and non-durable goodsPPP
23
Wood product manufacturingPCU
DMiscellaneous
1
Facilities during construction S S S S
2
Fence or free-standing wall AAAA
3Temporary 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
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
EResidential
1
One dwelling unit in conjunction with an industrial use PPPP
2.07.10Home Occupations
Homeoccupations 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.
Exhibit “A” LA 2014-01
Page 4 -
Ordinance No. 2526
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.
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.
3.Marijuana dispensaries.
I.The provisions in this section shall not apply to child care providers.
2.07.17Temporary Outdoor Marketing and Special Events
A.Permitted Uses
1.Seasonal salesof fireworks, Christmas trees, produce or plant materials,except
marijuana
2.Amusement rides and games
3.Entertainment
4.Any other merchandise or service,except marijuana dispensaries
B.Duration
1.Singleevents 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.
Exhibit “A” LA 2014-01
Page 5 -
Ordinance No. 2526
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 3.05).
F.The use shall conform to all setback standards for the zone.
G.Responsibilities
1.The event operator:
a.Shall possess a valid special event permitfor 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:
1.Products sold within the primary building;
2.Covering no more than ten percent of the gross square footage of the buildings on the
property;
3.Retaining a minimum of four feet for pedestrian clearance along any adjacent walkway.
2.07.19 Marijuana Dispensaries
A.The dispensary shall not be located within 1,000 feet of the real property comprising:
1.a public or private elementary, secondary or career school attended primarily by minors;
2.a child care facility;
3.a public park or public recreational facility;
4.property designated residential on the Comprehensive Plan Map;
5.another marijuana dispensary;
B.The dispensary shall be located entirely within a permanent building.
C.Drive-through service is prohibited.
D.Maximum allowed gross floor area for a dispensary is 3,000 square feet.
E.Enhanced exterior security lighting is required for a dispensary.
Exhibit “A” LA 2014-01
Page 6 -
Ordinance No. 2526