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Agenda - 03/22/2004 WOODBURN CITY COUNCIL AGENDA MARCH 22, 2004 - 7:00 P.M. CALL TO ORDER AND FLAG SALUTE ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. A local greenway field inventory will be conducted on March 27, 2004 starting at 9:00 a.m. at the Recreation and Parks Department on Cleveland Street. The public is invited to attend. Bo A vacancy has occurred on the Woodburn City Council due to the resignation of Councilor Anthony Veliz. Those interested in this position may check their eligibility and provide their name and/or resume to the Mayor's office prior to 5:00 p.m. on April 7, 2004. Woodburn Tulip Festival Parade will be on April 17, 2004 at 10 a.m. starting at the Aquatic Center and winding around the downtown area. D. Annual Spring Clean Up - April 24, 2004, 8:30 to 11:00 a.m. Meet at the Woodburn High School front entrance parking lot. Appointments: None. 4. PROCLAMATIONS/PRESENTATIONS Proclamations: A. Woodburn Spring Cleanup Month- April 2004 B. David Ellingson/Celebrating Education Excellence Day "Habrd bt~rpretes bispo.ib[es para aq.~[[as personas q.e no ~a~[an Ing[~s~ previo ac.erbo. Com~niq~ese a[ (503) 98o-z485." March 22, 2004 Council Agenda Page i 2 3 g e e e Presentations: None. COMMITTEE REPORTS Ae Chamber of Commerce Woodburn Downtown Association COMMUNICATIONS None. BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.} CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. AJ Woodburn City Council minutes of March 8, 2004, regular and executive sessions Recommended Action: Approve the Woodburn City Council minutes. Be Woodburn Public Library Board minutes of February 11, 2004 Recommended Action: Accept the Woodburn Public Library Board minutes. Ce Woodburn Planning Commission minutes of February 12, 2004 Recommended Action: Accept the Woodburn Planning Commission minutes. De Woodburn Recreation and Porks Board draft minutes of March 9, 2004 Recommended Action: Accept the Woodburn Recreation and Parks Board draft minutes. Ee Mill Creek Greenway Task Force minutes of March 2, 2004 Recommended Action: Accept the Mill Creek Greenway Task Force minutes. Fe Woodburn Public Library Monthly Report for February 2004 Recommended Action: Accept the report. 4 17 21 25 28 30 March 22, 2004 Council Agenda Page ii e 10. 11. 12. 13. 14. 15. 16. G. Claims for February 2004 Recommended Action: Receive the repod. TABLED BUSINESS None. GENERAL BUSINESS ke Council Bill No. 2503 - Ordinance amending Ordinance 2313 (the Woodburn Development Ordinance); repealing Ordinances 2092 and 2130; and setting an effective date Recommended Action: Adopt the ordinance. Be Right of Way and Easement Acceptance, Boones Ferry Road Recommended Action: Accept the Right of Way Dedication, Permanent and Temporary Utility easement from the Woodburn School District. PUBLIC HEARINGS ke Zone Change 03-02; request to change the zoning map designation of the property located at 1840 Newberg Highway (Hwy. 214) from Single Family Residential (RS) to Commercial Office (CO) Recommended Action: Approve Zone Change 03-02 and instruct staff to prepare an ordinance fo substantiate the Council's decision. PUBLIC COMMENT NEW BUSINESS PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. Ae Planning Commission's Approval of Design Review 03-21, Variance 03-27, and Variance 04-04 (669/681 Glatt Circle) CITY ADMINISTRATOR'S REPORT MAYOR AND COUNCIL REPORTS 31 36 45 56 86 March 22, 2004 Council Agenda Page iii 17. EXECUTIVE SESSION None. 18. ADJOURNMENT March 22, 2004 Council Agenda Page iv 3C W6o gbAN 2004 Woodburn Tulip Festival Every weekend at the Fields: Onsite photographer taking free pictures of families, friends and dogs. Children's Garden includes a playhouse, whimsical tulip display, garden hopscotch and more: Arts and crafts, antique tractor steam up, garden equipment demonstrations, entertainment, wooden shoe making demonstrations. A larger assortment of food is being added to appeal to everyone's appetite, including delicious Dutch Desserts. March 20 - Woodburn Company Stores Kick-Off Event: Unveiling of 2004 Tulip Print, Tulip button sales, Print sales, Raffle sales, Tulip sales. Seasonal decorations supplied by Al's Garden Center and Wooden Shoe. March 27-28 - At the Tulip Fields: Kid's Weekend. The trampoline thing and other activities are planned for children and their families. April 3 - Lenon Tmplement Antique Tractor and Farm Equipment Show, custom Corvette car show, TV and Radio personality Mike Darcy, Portland, and TV Master Gardener Mallory Gwynn from Al's Garden Center. For info, Larry Crooker, 503-981-1052. April 3-4 - At the Tulip Fields: Gardeners' Weekend. Speakers and garden displays will highlight the weekend. Garden experts will be on hand to answer and help plan the upcoming gardening season. April 10 - At the Tulip Fields: Dutch Day. Get in free with your Dutch Costume. Dutch activities and Easter Egg Hunt fun for everyone. April 11 - At the Tulip Fields: Sunrise Easter Service in the tulip fields. April 17th - Woodburn Tulip Parade. 10am, coordinated by Woodburn and French Prairie Kiwanis clubs, starting at the Aquatic Center, winding around the Downtown area. For :[nfo, Bob Rhoades, 503-98:[-1798. Woodburn Tulip Cruise-Tn, corner of Hwys 214 and 99E, coordinated by the Rotary club, hot rods and custom cars. For info, Nikki DeBuse, 503-98:[-3441. Additional volunteer help for both events will be provided by the Woodburn Lions and Jaycees. April 17-18 - At the Tulip Fields: Wine, Art and Barbeque! Free wine tasting, Mr BBQ, Petal Party (extra special fun!) April 24-25 - Tulips at the Drags Event, at Woodburn Dragstrip, 7730 Highway 219 NE. April 30 - At the Tulip Fields: Last day the Display Gardens and Gift Shop are open. Events are at various locations in Woodburn. For information, call the Chamber of Commerce at 503-982-8221. 4A ~pROCLAMATION Wooo uR 2004 WHEREAS, THE GOAL OF THE Woooam~ S~R~G C,-~-s,N~ MON'm 2004 IS TO BRING TOGETHER YOUTH~ GOVERNMEN-r~ BUSINESSES AND THE COMMUNITY TO HELP CLEAN UP THE CITY AND SHARE PRIDE IN WOODBURN; AND WHII. R~I~S, ALL CITIZENS OF WOODBURN PLAY A VITAL ROLE IN MAKING WOODBURN A IVlORE LIVABLE PLACE; AND WH]~S, THE WOODBURN LIVABIL1TY TASK FORCE ORGANIZES CLEANUP PROGRAMS IN THE FALL AND SPRING TO MAKE WOODBURN A MORE LIVABLE CITY; AND WHEREAS, THE WOODSU~ Sl~J~G C'-~ro~ MowrH a004 W~L CULMINATE IN A CITYWlDE CLEANUP ALONG THE MAJOR THOROUGHFARES IN OUR ClTY ON APRIL 24; AND · WH'[I.~kS, THE LIVABILITY OF THE V~OODBURN COMMUNrrY WILL BE ENHANCED BY THESE EFFORTS; NOW, THEREFORE, I, KATHRYN FIGLEY, MAYOR OF WOODBURN, OREGON, DO HEREBY PROCLAIM THE MONTH OF APRIl. "WOODBUR~ Saucing C,-~a~u'~ MON'm ~.004' IN THE Crr~ OF WOODSURN, AND CAT.,. UPON ~,T.T. CITIZENS~ BUSINESSES~ CHURCHES~ AND CMC ORGANIZATIONS TO RECOGNIZE THAT LIVABILITY STARTS IN YOUR OWN FRONT YARD~ TO WORK W1TH YOUR FRIENDS AND NEIGHBORS DURING THE MONTH OF ~tPRIL TO MAKE WOODBURN A BEAUTIFUL PLACE TO LIVE~ AND TO TAKE PRIDE IN YOUR CITY AND PARTICIPATE IN THE CrYYWIDE CLEANUP EFFORT ON SATURDAY~ APRIL 24m. IN WITNESS WHEREOF, I HAW HEREUNTO SET MY HAND AND CAUSED THE SEAL OF THE CITY OF V~OODBURN TO BE AFFIXED THIS 17TM DAY OF M~ARC~2004. ~x~ 2 PROCLAMATION 4B DAVm ]~ II NGSON/CI~,~.BRATING ,DUCATIONAL ,XCIi . . .NCIi DAY WH]I.I~.AS, THE PEOPLE OF WOODBURN ARE PROUD TO JOIN V~ITH THE WOODBURN SCHOOL D~STRICr, NORTHWEST REGIONAL EDUCATIONAL LAB, al~LIGFrl' OF DISCOVERY" AND THE ALFRED L. AND CONSTANCE C. WoLF AVIATION 1;UND TO HONOR LOCAL EDUCATIONAL EXCELLENCE; AND WHBR]~, THE "I:LIGHT OF DISCOVERY" ~ BE RE-TRACING THE FOOTSTEPS OF MERIWETHER LEWIS AND WILLIAM CLARK, DURING A SUMMER 2004 TRIP ABOVE THE FANIOUS ~CPEDITION~S RIVER CORRIDORS AND OVERLAND ROUTES~ HONORING THE 200~ ANNIVERSARY OF THEIR SEARCH FOR A NOR~ST pASSAGE TO THE PACIFIC OCEAN; AND 'WVI-ItI. R~, WOODBURN HIGH SCHOOL BIOLOGY TEACHER DAVID ELI.INGSON HAS BEEN CHOSEN BY THE al2LIGHT" AS THE RECIPIENT OF A TRUNK OF DISCOVERY - FILLED WITH SCIENTIFIC RESEARCH NIATERIALS AND EQUIPNLENT - TO ENHANCE STUDENT-LEARNING OPPORTUNITIES FOR HIS LEWIS AND CLARK SOCIAL SCIENCE/SCIENCE CLASS; AND WH~~, THROUGH MR. ]~LLINGSON'S DYNAMIC AND DEDICATED WORK TO CREATE INTERESTING LEARNING EXPERIENCES FOR WOODBURN HIGH SCHOOL'S ELEVENTH AND TWELFTH-GRADE STUDENTS~ THROUGH CREATIVE IMPLEMENTATION OF COURSEWORK DESIGNED TO LOOK AT THE SCIENTIFIC AND HISTORICAL IMPORTANCE OF LEWIS AND CLARK'S JOURNEY. Now THEREFORE, I KATHY I:IGLEY, SERVING AS THE MAYOR WOODBURN~ DO HEREBY PROCLAIM MARCH 17~ 2004 ]~LLINGSON/CELEBRATING EDUCATIONAL ~.XCELLENCE DAY. OF THE CrrY o~ AS Tml DAVID IN WITNESS WHEREOF, I ~VE HEREUNTO SET MY HAND AND CAUSED OF THE C~rY OF WOODBURN TO BE AFFIXED THIS 17TM DAY OF ' Cy,/MXY~R ~ ~ ~/KATFI~YN FIG 3 8A TAPE READING COUNCIL MEETING MINUTES MARCH 8, 2004 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 8, 2004. 0OO5 CONVENED. ROLLCALL. The meeting convened at 7:00 p.m. with Mayor Figley presiding. Mayor Figley Present Councilor Bjelland Present Councilor Cox Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Councilor Veliz Absent Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Community Development Director Mulder, Police Chief Russell, Parks & Recreation Director Westrick, Finance Director Gillespie, Management Analyst Smith, Recorder Tennant 0047 ANNOUNCEMENTS. A) "Chicana Artists: 1960 to the Present"- slide show and lecture will be held on March 14, 2004, 2:00 p.m., in the City Hall Council Chambers. This program is being sponsored by the Friends of the Woodbum Public Library. B) Teen Scene First Anniversary Open House will be held on March 15, 2004, 4:30-6:30 p.m. at the Settlemier Park Teen Scene building. C) Public Hearing: Zone Change 03-02 (Mendenhall property) will be held on Monday March 22, 2004, 7:00 p.m., in the City Hall Council Chambers. 0103 PROCLAMATION: WOODBURN'S TULIP FESTIVAL Mayor Figlcy proclaimed March 20, 2004 through April 20, 2004 as Woodbum's Tulip Festival Month and she encouraged participation and support of this event which promotes Woodburn throughout the country. PRESENTATION: FLOWER BASKET PROGRAM PLAQUE. JoAnne Bjelland, representing the Livability Task Force, thanked all of the individuals and businesses that have donated toward the flower basket program over the past years. In honor of those who contributed last year towards the cost of one or more baskets, the City has provided a plaque for the Flower Basket program. The plaque lists the names of the contributors for 2002 and names of contributors for 2003 will be added to the plaque. Cun'ently, the plaque is displayed at City Hall but it may be rotated to other locations within the City, such as the Chamber office, for display in the future. She also thanked Page 1 - Council Meeting Minutes, March 8, 2004 COUNCIL MEETING MINUTES MARCH 8, 2004 TAPE READING Public Works - Frank Tiwari and Matt Gwynn - in providing City staffto hang the baskets, Efi'ain and Julio Andrade for routinely watering the plants, and Brian Sjothun, representing Woodbum Together, in accounting for the donations. The public was also reminded that tax deductible contributions can be remitted to Woodburn Together for this year's program. Mayor Figley also expressed her appreciation to all contributors who have shared in the cost for baskets. The cost for one basket is $200 which includes the watering and fertilization throughout the summer, however, lesser donations are accepted and will be combined with other donations to fund the cost of one basket. Councilor McCallum expressed his appreciation to JoAnne Bjelland who has coordinated this program since its inception. 0500 CHAMBER OF COMMERCE REPORT. Jerry Wheeler, Chamber Executive Director, provided information on the following upcoming Chamber events: 1) Business After Hours - March 11, 2004. Super 8 Motel will host this event which begins at 4:30 pm and concludes at 6:00 pm. 2) Greeter's Program - March 12, 2004. Fonzie's Deli will be the host for this program which begins at 7:30 am and concludes at 9:00 a.m. 3) Distinguished Service Award (DSA) dinner will be held on March 12, 2004 at Country Meadows. This is the 50t~ Anniversary for this event which honors individuals for their contributions to our community. Sponsors for this event are Mid-Valley Bank, DataVision Communications, and Edward Jones Investments. 4) Leadership Youth Day - March 16, 2004. A mock Council meeting will be held during the morning hours and the youth will travel to Salem in the afternoon to tour the Capitol building and meet with Senator Peter Courtney. 5) Associated Oregon Industries presentation will be held next week with the Chamber's Government Affairs committee at which time they will meet with the AOI lobbyists to listen to the concerns of the local businesses and to listen to AOI's agenda. 6) Chamber Forum luncheon will be held March 17, 2004 with the guest speaker being Attorney Eric Lindauer who will be speaking on behalf of the Oregon Community Foundation. 7) Greeter's Program - March 19, 2004. Woodburn Theraphy Group Will host this event which begins at 7:30 am and concludes at 9:00 am. 8) Tulip Festival kickoff begins on March 20, 2004 at Woodburn Company Stores. 9) Greeter's Program - March 26, 2004. Leisure Time Day Spa will host this event which begins at 7:30 am and concludes at 9:00 am. He stated that website hits continue to increase and he thanked the Council for the grant funds which will be used in tourism promotion including working more closely with the downtown businesses to promote Woodbum as a unique tourism destination. Page 2 - Council Meeting Minutes, March 8, 2004 15 COUNCIL MEETING MINUTES MARCH 8, 2004 TAPE READING 0849 WOODBURN DOWNTOWN ASSOCIATION REPORT Bruce Thomas, WDA President, stated that the WDA will hold their annual dinner meeting on March 17, 2004 at which time new board members will be elected. The new WDA President will be Martin Ochoa (Lupita's Restaurant). He stated that the WDA will be a platinum sponsor for Relay for Life event to be held in June. He also reported that the lights along Front Street were vandalized, therefore, the WDA will be re-thinking their strategy on how the lights are displayed since placing the lights higher up in the tree will help to deter vandals. Lastly, WDA expressed their appreciation to the City for providing additional police patrols in the downtown area since their presence has shown a marked improvement in the area. 1025 CONSENT AGENDA. A) approve Council minutes of February 23, 2004; B) accept the Boones Ferry Road improvement report; C) accept the Police Department statistics report for January 2004; D) accept the Building Activity report for February 2004; E) accept the Planning Project Tracking Sheet dated March 3, 2004; F) accept the Recreation and Parks Division Participation report; and G) accept the Aquatic Center Revenue Comparison report. MCCALLUM/NICHOLS .... adopt the consent agenda as presented. The motion passed unanimously. 1092 CONTINUATION OF PUBLIC tIEARING: ZONING TEXT AMENDMENT 04-01 - PROPOSAL TO REVISE THE TEXT OF TI4E WOODBURN SIGN ORDINANCE. Mayor Figley continued the public hearing at 7:20 p.m.. Community Development Director Mulder stated that this hearing had been continued for the purpose of a video presentation and to receive additional public testimony on the proposed changes to the sign ordinance. He also stated that this video presentation is the same one that he had given to thc Focus Group and the Planning Commission during their review process. The presentation included information on the definition of a sign, the draft sign ordinance objectives, and a visual display of different sign types that are found throughout thc City. Discussion was held regarding temporary signs, awning signs, banners, and murals. It was noted that the draft ordinance would limit banners and most types of temporary signs to being displayed no more than 15 days consecutively and no more than 4 times per year, however, the business could elect to nm the time period consecutively not to exceed a 60 day period. Director Mulder also stated that the current sign ordinance prohibits temporary signs whereas the draft ordinance would provide a reasonable alternative for temporary signs. In regards to murals, they are considered as signs under the draft ordinance and, based on a legal opinion from our City Attorney, the City cannot Page 3 - Council Meeting Minutes, March 8, 2004 6 TAPE READING COUNCIL MEETING MINUTES MARCH 8, 2004 2566 3944 discriminate based on content when addressing sign regulations. Director Mulder stated that the City's Code Enforcement Officers would enforce the ordinance and it is his intention that, once adopted, the code would be enforced strictly right after the effective date in an effort to show the public that the City intends on enforcing the provisions of the ordinance. Prior to the effective date, the City would begin an education and awareness campaign on the provisions of the ordinance to let the public know what signs would be in compliance with the ordinance. A temporary sign permit will be required and he proposed that there be no permit fee associated with the temporary sign permit in order to provide the public an incentive to comply. Jerry Wheeler, Chamber Executive Director, suggested that the application process to get the applicable permit is one that is done speedily since businesses sometimes feel reluctant to file for a permit since the permitting process sometimes takes longer than what they need for the display ora temporary sign. Richard Jennings questioned if the City would be restricted to a specific number of days for having a banner if the banner was one that would promote the City and its livability. Director Mulder stated that City banners and government owned signs within the fight-of- way are exempt under the draft sign ordinance. Director Mulder stated that balloons would be allowed with a temporary sign permit, however, blimps would be prohibited if the Council accepted the Planning Commission's recommendation. A changing image sign or electronic/manual reader board sign would be limited to being displayed within the commercial general zoning district and no larger than 50% of the overall flee standing signage. Directories would be allowed on a given site but they would have to be located at least 50 feet back from the driveway entrance in order to make sure that motorists do not stop in the middle of the driveway to try and read where they need to go. An internally illuminated sign would be prohibited under the draft ordinance. He stated that the draft ordinance would allow for 2 flags on a given property with each flag being no more than 40 sq. feet in size and a maximum pole height of 40 feet. In regards to free standing signs, there are two primary categories: 1) pole sign which is a free standing sign over 8 feet in height and 2) monument sign which is less than 8 feet in height and has a solid base. The proposed ordinance would require a pole sign to go through a Type II design review application which has approval criteria that deals with the aesthetics of the sign whereas there is no design review application required for a monument sign. Other sign types briefly addressed in the presentation included menuboard signs, off-premise signs, permanent signs, portable signs, lawn signs, A-frame signs, pennant signs, roof signs, wall signs, projecting signs, suspended signs, and window signs. Discussion was held regarding the definition of an A-frame sign since the draft ordinance would consider it as a portable sign which is prohibited. Attorney Shields suggested that the wording be changed so that an A-frame sign would be termed as a movable sign. Councilor McCallum questioned the status of existing signs once a new ordinance is adopted. Page 4 - Council Meeting Minutes, March 8, 2004 ? TAPE READING COUNCIL MEETING MINUTES MARCH 8, 2004 Tape 2 0435 Director Mulder stated that the draft ordinance would require existing temporary signs to comply with the new ordinance, however, permanent signs would be allowed to remain as long as they were legally placed even though it may be non-conforming under the new ordinance. Additionally, he briefly reviewed various triggers in the ordinance that would require the compliance of a non-conforming sign. Councilor Cox questioned if staff had considered any other language that would address legal off-premise signs that are grandfathered under the draft ordinance since the triggers apply to on-premise signs and he was concern that an off-premise sign would continue to remain as a non-conforming sign as businesses change. Director Mulder stated that a legal opinion was provided by the City Attorney which stated that the off-premise signs established prior to any city ordinance prohibiting the off-premise sign are considered as legal non-conforming and as such, have a right to continue to remain at the location. Councilor Bjelland stated that the issue is that the language in the draft ordinance talks about on-premise signs only and he suggested that the loophole be closed by saying that if the underlying business changes then all signs associated with that underlying business, including off-premise signs, need to come into conformity. Discussion was held regarding the off-premise sign which was specifically addressed in the legal opinion since the business displayed on the sign is no longer in existence. Councilor Cox expressed his opinion that all off-premises signs should be made to conform to the ordinance provisions upon the effective date of the ordinance but the City could elect to include off-premise signs within a grandfather clause. He also felt that allowing a grandfather clause in the ordinance is something that the Council chooses to do as a matter of fairness and grace, and the ordinance would be just as legally permissible to require all signs to comply with the effective date of the ordinance. Therefore, he felt that the City could prevent off-premise signs from being grandfathered under the ordinance if the use of the property for which they advertise changes just like the ordinance would require if an on-premise sign has a business change. Councilor Bjelland agreed with Councilor Cox in that an off-premise sign could be grandfathered into the ordinance as long it is providing the use to the business that it is currently advertising at the time the ordinance is adopted but the City would not continue to allow off-premise signs just because they can now lease the space to someone else. He felt that the City should be aggressive in getting rid of off-premise signs Administrator Brown suggested that staff be given an opportunity to review the Council's comments and make changes to the draft ordinance consistent with the Council's desires. Mayor Figley questioned the draft ordinance's provisions regarding holiday decorations that may involve displaying banners and/or flags. Director Mulder stated that there is an exemption for decorations and lights relating directly to federal, state, or City recognized events or holidays. Councilor Cox stated that sign regulation in the residential area was a topic of discussion Page 5 - Council Meeting Minutes, March 8, 2004 8 COUNCIL MEETING MINUTES MARCH 8, 2004 TAPE READING 1650 within the Focus Group, however, it was decided to have the draft ordinance regulations apply to all zones. He did not object to deleting the limitations on the number of flags in residential zones. Councilor McCallum felt that the recognized event exemption would take care of most situations involving flags. Additionally, some residential areas have Homeowners Associations that also have strict rules which need to be adhered to. It was also noted that the draft ordinance states that decorations for a recognized holiday cannot be displayed more than 45 days before the holiday. Councilor McCallum also stated that this ordinance would be a part of the Woodbum Development Ordinance which is reviewed annually by the Council. The annual review gives the Council an opportunity to make changes if it is found that there is a problem in a specific area of the ordinance. Administrator Brown stated that the City has an obligation to enforce the ordinance thoroughly, completely, and even-handedly, therefore, if the Council has any concerns about a certain provision being enforced then it should be amended in a way that would make it less onerous for those being enforced upon. He feels that the City will be able to enforce this ordinance since the sign code in place now has a lot of problems that has caused staff to be somewhat reluctant in the enforcement area. Staff'has discussed the need for education prior to the effective date of the ordinance and the Chamber has offered to schedule some time with local businesses for the purpose of reviewing the ordinance and outlining what needs to be done to comply with the requirements. Councilor Bjelland agreed that enforcement is a key in sign ordinance compliance, however, he did not see in the ordinance what the enforcement process would entail along with the associated fines for violations of the sign ordinance. Director Mulder stated that violation of the sign ordinance is a violation of the Woodburn Development Ordinance and the penalty provisions are outlined in the enforcement section of the Development Ordinance. City Attorney Shields briefly reviewed the penalty provisions which are referenced in the draft ordinance but not included in the agenda packet. He reiterated that the penalties are the same as what is outlined in the Development Ordinance with the maximum being a Class I civil infraction for $500.00. Richard Jennings, 595 Filbert St., stated that during his tenure as Mayor, the sign ordinance generated a large number of complaints and those concerns could not be addressed since the ordinance was basically unenforceable. In regards to a private residence, a Navy veteran may very well have 3 poles in front of their home with the middle pole displaying the U.S. Flag, the pole on one side have the Oregon State flag, and the other pole would have the Navy flag. He requested that the Council carefully consider how many flags can be displayed at one residence and urged that they take the private residences out of the maximum 2 flag requirement. He felt that the draft ordinance is substantially better than the current ordinance even though the provisions in the draft ordinance will not please everyone. He also mentioned that he had read in the Page 6 - Council Meeting Minutes, March 8, 2004 9 COUNCIL MEETING MINUTES MARCH 8, 2004 TAPE READING 2620 newspaper that the Mayor had "stacked the deck" of Focus Group members. Since he knows many of the members of the Focus Group, he expressed his opinion that the Group made their own independent decisions on the draft ordinance. Additionally, he stated that he is aware of individuals and businesses that are not happy about the draft ordinance but are willing to accept the draft ordinance. He urged Council adoption of the draf~ ordinance as it has been presented with the changes the Council feels that they need to make so the City can move on. Alma Grijalva, representing not only herself but the Chamber and businesses that worked together with the City to develop this dratt ordinance, agreed that enforcement and education are key components. She urged the Council that there be enough advance notice for the businesses to come into compliance with the ordinance. Jerry Wheeler, Chamber Executive Director, reiterated that the permit process needs to be streamlined in order allow businesses to obtain a sign permit in a reasonable amount of time that will not cost a lot of money. Robert Estrada, business owner on Highway 99E, stated that all of his signage is non- conforming based on the information he heard at this meeting. He questioned if an electronic lighted barber pole would be an allowable sign. Director Mulder stated that he would rather give a definitive answer after he reviews portions of the draft ordinance. However, he felt that it would probably be considered as a prohibited sign if it was determined that it was a changing image sign. Mayor Figley stated that passage of the new ordinance would not affect his current signs, however, the signs would be non-conforming if he changed his business from barber and hair stylist to some other business. Director Mulder reminded the Council that it is difficult to draw a definitive line between the categories of signs. Additionally, a variance could be applied for from any provision of the ordinance. Mayor Figley declared the public hearing closed at 9:13 p.m.. Councilor Cox stated that staff will be looking into the question of off-premise signs and provide the Council a report or recommendation. Another issue that was brought up involved the number of flags in a residential zone. It was noted that the Council will need to adopt a fee schedule at a later date. Mayor Figley expressed her opinion that the City needs to enforce evenhandedly and thoroughly the provisions of the ordinance otherwise those specific provisions that are not being enforced should be removed from the ordinance at a later date. COX/NICHOLS... instruct staff with amendments to the ordinance to exclude residential zones from the flag limitation provisions of the draft ordinance. Discussion was held on the definition of a flag and a reminder that flag content cannot be regulated. The vote on the motion was 0-5, therefore, the Mayor declared that the motion failed. Mayor Figley stated that the main issue to be addressed in the ordinance is how the off- premise non-conforming signs and staffwill report back at the next meeting with some Page 7 - Council Meeting Minutes, March 8, 2004 10 COUNCIL MEETING MINUTES MARCH 8, 2004 TAPE READING suggestions on this might be accomplished. Administrator Brown stated that staffwill bring a final ordinance to the Council at the next meeting with the language highlighted. Councilor Bjelland also stated that the ordinance provide language clarifying the portable sign issues with regards to the A-frame signs. BJELLAND/NICHOLS... direct staff to come back with an ordinance. Councilor McCallum thanked the Focus Group, Planning Commission, and staff for their work on this draft ordinance, and he expressed his appreciation to public for their testimony and to the Chamber of Commerce for the support they gave the City on this issue. The motion passed unanimously. Mayor Figley also thanked City staff members for the many hours of work that have been put into working on this draft ordinance. She also thanked the Focus Group, Planning Commission, and members of the public who testified at the public hearings. 3553 PUBLIC HEARING: SUPPLEMENTAL BUDGET CONTINGENCY TRANSFER 3861 FOR FISCAL YEAR 2003-04. Mayor Figley declared the public hearing open at 9:26 p.m.. Finance Director Gillespie stated that contingency transfers are recommended in the proposed supplemental budget for the purpose of: 1) transferring $2.5 million to the Oregon Dept. of Transportation as the City's share of the I-5/Highway 214 interchange expansion project; 2) repairs to the air-conditioning compressors at the Library; and 3) payment to Marion County for the striping of City streets in June 2003, however, the City just received the bill in February 2004. No one in the audience spoke either for or against the proposed supplemental budget. Mayor Figley declared the public hearing closed at 9:27 p.m.. NICHOLS/MCCALLUM... direct staff to prepare an ordinance authorizing (1) the transfer of $2.5 million to ODOT towards the purchase of property near the I-5/Highway interchange, (2) the $9,500 towards repairs of the air-conditioning system at the Library, and (3) contract with Marion County be paid in full for the striping work they did in June 2003. The motion passed unanimously. COUNCIL BILL 2500 - ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2003-04. Councilor Sifuentez introduced Council Bill 2500. Recorder Tennant 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 2500 duly passed with the emergency clause. Page 8 - Council Meeting Minutes, March 8, 2004 11 TAPE READING COUNCIL MEETING MINUTES MARCH 8, 2004 3965 COUNCIL BILL 2501 - ORDINANCE RELATING TO IMPROVEMENTS OF BOONES FERRY ROAD FROM STATE HIGHWAY 214 AND GOOSE CREEK, ADOPTING THE LOCAL IMPROVEMENT DISTRICT, DIRECTING THE CONTRACT AWARD, AND PROVIDING FOR PAYMENT OF COSTS 4084 THROUGH ASSESSMENT OF PROPERTIES WITHIN A LOCAl, IMPROVEMENT DISTRICT. Council Bill 2501 was introduced by Councilor Sifuentez. The two readings of the bill were read by title only since there were no objections fi.om the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2501 duly passed with the emergency clause. COUNCIL BILL 2502 - ORDINANCE PROHIBITING PUBLIC PLACE PARKING IN A PORTION OF THE DOWNTOWN AREA TO PREVENT INTERFERENCE WITH OPERATION OF THE 2004 MARCH 21 sx CELEBRATION AND PROVIDING FOR CIVIL ENFORCEMENT. 4473 Council Bill 2502 was introduced by Councilor Sifuentez. Recorder Tennant read the two readings of the bill by title only since there were no objections. Councilor Bjelland questioned if an ordinance could be prepared that would give staff authorization to approve these parking lot closures on an on-going basis. Administrator Brown suggested that staff be allowed to bring back an ordinance to the Council that would take care of the schedule of events to be held at that location for the remainder of the year. Councilor McCallum questioned if the Downtown Association provided the insurance for this event or if the insurance would be provided by the merchants. Administrator Brown stated that the Downtown Association provided the insurance for the February event and it is his understanding that this would continue to be the case since the merchants putting on this celebration are a sub-committee of the Downtown Association. Councilor McCallum also questioned what impact there might be on the neighborhoods when the Sunday night event extends to the later evening hours. Administrator Brown stated that staff has asked that the music be turned down towards the later evening hours recognizing that there are homes in the general area. On roll call vote, the bill passed unanimously. Mayor Figley declared Council Bill 2502 duly passed with the emergency clause. EASEMENT: ODOT / WOODBURN SIDEWALK PROJECT ALONG HIGHWAY 214. Councilor Nichols questioned who would maintain the planting strip that is proposed in this project. Administrator Brown stated that the intergovernmental agreement requires that the City is responsible for maintaining that area. Page 9 - Council Meeting Minutes, March 8, 2004 12 COUNCIL MEETING MINUTES MARCH 8, 2004 TAPE READING BJELLAND/NICHOLS... authorize the City Administrator to execute the donation agreement. The motion passed unanimously. 4581. AWARD OF CONTRACT: AUDIT OF FINANCIAL RECORDS. Proposals were received from the following auditing firms: Pauly, Rogers and Co., P.C.; Merina & Company, LLP; Grove, Mueller & Swank, P.C.; and Boldt, Carlisle & Smith. Staff recommended the selection of Boldt, Carlisle & Smith based on qualifications of the finn and the price for their services. NICHOLS/COX... award the audit contract to Boldt, Carlisle, and Smith LLC and authorize management to conclude negotiations of the contract. Councilor McCallum stated that the contract did not go to the apparent low bidder and he had appreciated the information in the report outlining the differences between the proposals. City Attorney Shields stated that a Request for Proposal follows a process different from a consmtction contract which does need to look at the lowest responsible bidder when making a contract award. Finance Director Gillespie stated that it is beneficial to request proposals every few years since it makes sure that the providers of those services look closely at their fees for services which in turn insures the City that we are getting a good product. The motion passed unanimously. 4818 APPOINTMENT OF ADMINISTRATOR PRO-TEM. NICHOLS/MCCALLUM... appoint Police Chief Russell as Administrator Pro-Tem for the period of March 15, 2004 through March 26, 2004. The motion passed unanimously. 4880 CITY ADMINISTRATOR'S REPORT. Administrator Brown reminded the Council that a Budget workshop will be held on Saturday, March 13, 2004, at 9:00 a.m. in the City Hall Council Chambers. 4990 MAYOR AND COUNCIL REPORTS. Councilor Sifuentez stated that she was glad to see that the sign ordinance hearing is now over and the Council can move forward with the adoption of an ordinance. Councilor Cox also stated that he wished there were some things in the draft ordinance that could have been done differently, in particular, a way to allow murals constitutionally. He feels that overall the ordinance will be a good product. There is a need for extensive education for compliance and enforcement will be the key. Councilor Nichols also expressed his appreciation to the businesses as well as the Chamber who have done an excellent job in communicating to each other information pertaining to the draft ordinance. In regards to the Tulip Festival, he hoped that all members of our community join in the effort of making visitors feel welcomed. Page 10 ~ Council Meeting Minutes, March 8, 2004 13 COUNCIL MEETING MINUTES MARCH 8, 2004 TAPE READING Councilor McCallum informed the public that the Livability Task Force's Spring Clean- up is scheduled for Saturday, April 24, 2004. Mayor Figley thanked the Council for their role in getting through the draft sign ordinance which is a complex piece of legislation. Councilor Bjelland stated that the work on the sign ordinance is just beginning since the Council needs to adopt the ordinance, educate the public on the regulations, and provide on-going administration of the ordinance. There will be a fair amount of work that needs to be done to identify which signs are in compliance as well as working out the administrative details of issuing the permits in an efficient manner so that the City can be responsive especially for the temporary permits. He also updated the Council on the last MWACT meeting (Mid-Willamette Area Commission on Transportation) which was held to review proposed development projects for the STII:' funding for 2006-09. Seven projects were before the Commission, three of which had some impact on the Woodbum area and two or more projects were closely assocciated with our area. Of the seven projects ranked, the #1 ranked project was the Newberg/Dundee bypass project which, other than Woodbum's 1-5 interchange project, has been MWACT's highest most needing transportation problem to be resolved in the three-county area. The second ranked project was the Salem-Willamette River crossing which looks at siting a second bridge across the Willamette River for Salem and this project has received earmarked funding. The third ranked project was the Keizer interchange project, the fourth ranked project was the Oregon 99/Woodbum / Hubbard / Wilsonville Highway capacity improvement study, and the other projects of interest were an interchange study for a second interchange in North Marion County and an Ehlen Rd / 1-5 interchange re-construction project. Over the next two meetings, MWACT will be getting into the STIP construction projects which is where the Woodburn 1-5 interchange will be coming up for consideration and he hoped that a City representative will attend the meeting(s) to present the City's case. He felt that the $2.5 million payment to ODOT will promote a strong commitment for this improvement. The Oregon Transportation Commission is looking at financial commitment by local agencies as a significant part of determining as to whether or not a project qualifies for consideration. Hopefully, the OTC will give the City more points in the rankings of the construction projects because of our commitment to improve the interchange area. 5885 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the authority of ORS 192.660(1)(h), 192.660(1)(f), and 192.660(1)(e). NICHOLSfMCCALLUM... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 9:51 p.m. and reconvened at 10:15 p.m.. Page 11 - Council Meeting Minutes, March 8, 2004 COUNCIL MEETING MINUTES MARCH 8, 2004 TAPE READING 5931. Mayor Figley stated that no decisions were made by the Council while in executive session. 5970 ADJOURNMENT. MCCALLUM/SIFUENTEZ .... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:16 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 12 - Council Meeting Minutes, March 8, 2004 115 Executive Session COUNCIL MEETING MINUTES March 8, 2004 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 8, 2004. CONVENED. The Council met in executive session at 9:53 p.m. with Mayor Figley presiding. ROLLCALL. Mayor Figley Present Councilor Bjelland Present Councilor Cox Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Councilor Veliz Absent Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari (left at 10:00 p.m.), City Recorder Tennant The executive session was called under the following statutory authority: ( 1 ) to conduct deliberations with persons designated by the governing body to negotiate real property transactions pursuant to ORS 192.660(1)(e); (2) 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(1)(h); and (3) to consider records that are exempt by law fi.om public inspection pursuant to ORS 192.660(1)(f). ADJOURNMENT. The executive session adjourned at 10:14 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 1 - Executive Session, Council Meeting Minutes, March 8, 2004 16 8B MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: ROLL CALL: February 11, 2004 Mary Chadwick - Present Vasily Chernishov - Present Neal Hawes - Present Ardis Knauf - Present Kay Kuka - Present Pat Will - Present STAFF PRESENT: Linda Sprauer, Director Vicki Musser, Recording Secretary GUESTS: None CALL TO ORDER: SECRETARY'S REPORT: President Pat Will called the meeting to order at 7 pm. Neal Hawes, the new Library Board member, was introduced. The monthly Board minutes of January 14,2004 were approved as submitted. CORRESPONDENCE: A copy of the letter from the Woodburn Mayor, Kathy Figley, sent to Neal Hawes confirming his appointment to the Woodburn Library Board was read (see addendum). His term expires on December 31,2007. PUBLIC COMMENT: None DIRECTOR'S REPORT: Monthly Statistics: The monthly statistics were self-explanatory. January through March are traditionally busy months. Possible factors include after-Christmas finances, teens becoming seriously involved in schoolwork, and winter weather. The Library welcomes all patrons and stays busy meeting their needs. The circulation in January was 13,587, as shown on the statistics page. In addition, the circulation for the three previous years is shown for comparison. The term "In-house Use" is used to cover books, magazines and items other than newspapers which were of enough interest to take off the shelves and peruse. Despite snowy weather, the number of patrons visiting the Library remains high. Over 18,00 people visited the Library in January. 1 17 Activities: A list of activities was distributed to the Board. Saturday at the Library is held every week. Saturday, Feb. 14, is Valentine's Day. The Ballet Infantil Folklorico will be coming to the Library. Other activities include the regularly held Third Thursday Teens, who will meet in the Multi-Purpose Room on Feb. 19t~, Popcorn Videos on the 21st, and the Morning Library Book Group, who meet every third Thursday from 10-1 lam. A Chautauqua program about" Chicana Artists, 1960-Present", will be held on March 14, Sunday at 2 PM in the City Hall Council Chamber. The last Chautauqua program, a lecture on the controversial governor Tom McCall, held on February 11th, was well received. AARP Tax Aid is being made available at the library. Volunteers were trained in January, and are now ready to assist people with their taxes Tuesday through Thursday from 10 AM - 2 PM. On Thursday, April 1, there is a special Tax Night at the Library beginning at 4 PM in the Carnegie Room. No appointments are needed for that night. Volunteers of the Month: Lorraine Lauderback and Pat Gould have been chosen as dual Volunteers of the Month. They work together, both in doing weekly holds or in shelving. They are a valuable addition to our volunteer program. (See addendum). New Staff:. Alice Stewart, a part-time Reference Librarian, has taken a full-time job at the State Library. She remains on-call here. This leaves an opening for a Reference Librarian. Ann Albright was given the position of Library Assistant, left open by Shirley Baumgardner's retirement. Ann was formerly a Page. Both of these part-time positions, each 19 hours a week, have been advertised, and the positions are now closed. The applications are now under review. CCRLS Migration: A company named Innovative Interfaces, Incorporated (also known as Triple III - "111") is the vendor of choice, pending the successful negotiation of the contract. Joe Ford, the consultant, is working with a committee of three people from CCRLS to smooth the transition. In the meantime, all of the libraries have items that need to be accomplished, such as weeding the collection, and dealing with problem books and materials. The hope is to get the database cleaned up before the new system is installed. By doing all the work up front, the transition should be relatively seamless, and the patrons will be able to enjoy a more efficient system to serve them. The changeover from the existing Dynix system to the upgraded system will probably take until December. Several other libraries have changed from Dynix to "111" in the last year and a half, and they report an ease in transition. Any bugs that they did Library Board Minutes -2/11/04 18 OLD BUSINESS: NEW BUSINESS: experience have been addressed and resolved, so that they shouldn't be a problem for us. One example of improvements that patrons will notice is that when they look up books in the computer database, most will show the covers as well as their titles. Budget: Preparation started last week. The timing for budget submission does not coincide well with the Library Board meetings. The packet of materials presenting the base-line budget is due next week, and the second set of forms is due March 3rd. The next Library Board Meeting will be held March 13th. By that time, Linda will have submitted the forms and discussed with John Brown, the City Administrator, what changes and adjustments need to be made. The first meeting of the Budget Committee will be on March 13, in the City Council chambers. This meeting is not a hearing, but rather a workshop which is open to the public. Linda plans to request, among other items, the following changes: 1. To make the Clerk III position full-time, rather than the present 30 hours per week. 2. That another full-time Reference Librarian position be funded. The Library Board voted unanimously to reschedule the 2nd Annual Retreat for Saturday, March 27th. It will be held from 9 AM - 3:30 PM in the meeting room at the Recreation and Parks Department office, pending availability. The confirmed location will be reported at the next Board Meeting. Next week is the 10th Conference of the PLA (Public Library Association), which is a division of the American Library Association. This year, it will be held in Seattle. Linda will attend all week, and Dan Peterson and Christine Mackie will be there Wednesday, Thursday and Friday. Neal Hawes, treasurer of the Friends of the Library as well as the newest Library Board member, spoke about funding for Music in the Park. Originally, the Friends of the Library sold books to help fund Music in the Park. The goal now, in addition, is to have a main sponsor for the entire program, as well as individual sponsors for each group that performs. Some businessmen have expressed interest in donations. Neal will be meeting with various local businesses, soliciting donations. Other ideas for making money to support Music in the Park are lithographs to sell to patrons and t-shirts with the same design as the lithographs. A new sound system and better lighting are two of the improvements that increased money could help provide. Music in the Park becomes more popular by the year, and although care should be taken that it not Library Board Minutes -2/11/04 3 19 outgrow the Park, the Friends of the Library do want it to be an interesting event for the town. To that end, various kinds of music are offered each summer, such as a marching band, Celtic music and the popular country singer, Joni Harms. Attendance last year was double the year before. Bruce Thomas of "Yes Graphics", as President of the Downtown Association, obtained support from various businesses and vendors. The Friends of the Library holds meetings quarterly at the Library. The next meeting is scheduled for March 8, at 2:30 PM. They also hold semi-annual book sales in the library. The last one made approximately $1,000, and the next Book Sale is scheduled after April 15, once AARP Tax Aid is over, and the Carnegie Room becomes available. It was requested that Linda, Dan and Christine report on the PLA conference at the next Board Meeting. Neal will report on the progress made on the Music in the Park funding at that time. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: There is another opening on the Library Board. Applications can be obtained from City Hall. The Mayor will review them, and give recommendations to the City Council. ADJOURNMENT: The meeting was adjourned at 7:45 PM. Respectfully submitted, Vicki Musser, Recording Secretary Library Board Minutes -2/11/04 30 8C WOODBURN PLANNING COMMISSION February 12, 2004 CONVENED The Planning Commission mat in a regular session at 7:00 p.m. in City Hall Council Chambers with Chairperson Lima presiding. ROLL CALL Chairperson Lima P Vice Chairperson Young A Commissioner Vancil P Commissioner Grigorieff P Commissioner Mill P Commissioner Bandelow P Commissioner Lonergan A Staff Present: Jim Mulder, Community Development Director Victor Rodriguez, Associate Planner Chairperson Lima provided an opening statement for Public Hearing. MIRuTEs A. Woodburn Planning Commission Minutes of January 8, 2004 Commissioner Bandelow moved to accept the minutes as printed. Commissioner Gri.qorieff seconded the motion. Commissioner Mill referred to page 7 of the minutes and commented he did not see anything reflected in the minutes as to whether or not it was decided that newspaper tubes would be considered an advertising sign. Staff pointed out reference was made to Staff saying newspaper tubes would not be able to be placed on the mailbox post if the mailbox is in the right-of-way because that would then be a sign in the right-of-way. He thought there wasn't much more discussion about that issue after that point. Commissioner Vancil asked if all newspaper tubes would have to come down once the new ordinance goes into effect? Staff replied they would have to comply if the sign is in the right-of-way. Commissioner Bandelow remarked they really are not supposed to be on the same post as the mailbox anyway. Staff explained Federal property falls under the exemption but not newspapers. He further stated the City Council would have to say they want the tubes removed. Commissioner Vancil said technically, if the ordinance is passed as written, then there is an official opinion by the Director of the department indicating it is illegal to have newspaper tubes on the mailbox. Staff interjected that would be correct if it is in the right-of-way. Moreover, it will be enforced if Staff is directed by the Council to do so. He further stated the exemption to allow signage in the right-of-way is only for City, State, Federal government and select quasi-public entities. Staff pointed out the minutes reflect the discussion regarding the newspaper tube issue. Planning Commission Meeting - February 12, 2004 Page 1 of 4 21 Motion unanimously carried. B._=. Special Woodburn Planning Commission Minutes of January 15, 2004 Commissioner Bandelow moved to accept the minutes as presented and Commissioner Vancil seconded the motion. Motion unanimously carried. Chairperson Lima inquired whether Commissioner Mill's term expired. Commissioner Mill stated the Mayor asked him to continue serving until they found a replacement. Staff reported he believed the Mayor intends to appoint someone at the next City Council meeting February 23r~. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS A. City Council Minutes of January 12, 2004 PUBLIC HEARING A.~. Zone ChanRe 03-02, request to change zonin;I from Sin;lie Family Residential (RS) Commercial Office (CO) at 1840 Newber;I Hwy., David Mendenhall, applicant_ Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff recommended approval of the application based on the information in the report, the information provided by the applicant and the applicable review criteria. TESTIMONY BY THE APPLICANT Tim Brown, 295 Shenandoah Lane, Woodburn, OR 97071 represented the applicant, David Mendenhall, because he was out of State. He stated he owned the property for 20 years and it has always been designated Commercial and they wish to bring it into the City as such. Commissioner Bandelow mentioned the Fire Department has been approached about the possibility of using the second driveway and she inquired whether that has proceeded any further? Tim Brown responded No. He reported the Oregon Department of Transportation (ODOT) favored that but the Fire Department backed off on it. Mr. Brown noted there is already a cut on that property and they went back to ODOT to see if the cut could be used again. At the time the S-curve was put in, he and his partner were unaware they relinquished the right to that and they have to resubmit to ODOT a permit for the right. Furthermore, he said they prefer to do that instead of going through the Fire Department. TESTIMONY BY PROPONENTS None TESTIMONY BY OPPONENTS None DISCUSSION Chairperson Lima closed the public hearing and opened discussion among the Commissioners. Commissioner Mill stated he saw no fault with the project and it is a logical progression of the area and compatible with the zone around it. Commissioner Bandelow remarked it is a good proposal and it would not make any sense to keep it zoned residential. Planning Commission Meeting - February 12, 2004 Page 2 of 4 22 Chairperson Lima and Commissioner Gri,qorieff both agreed with their fellow Commissioners and stated they had no issues with it. Commissioner Bandelow moved to approve Zone Change 03-02 and instructed Staff return with facts and findings for a final order. Motion was seconded by Commissioner Mill, which unanimously carried. ITEMS FOR ACTION A__~. Final Order for Zoning Text Amendment 04-01: Proposal to amend the Woodburn Slain Ordinance Commissioner Vancil referred to page 3.1-88 of the Staff Report and suggested the addition of the Letter "P" in the exemptions section to include "newspaper tubes in the dght-of-way~'. He commented we need to have an ordinance that is enforced to the letter. Moreover, he pointed out the reason for the Sign Ordinance was to clean up temporary signs and sign pollution in Commercial areas. Commissioner Mill agreed that newspaper tubes have become a fixture seen in every community. He suggested the addition of the verbiage "existing paper boxes". Commissioner B andelow commented newspaper tubes w ill eventually b e going a way entirely because mailboxes are also being eliminated for community boxes instead. She stated she is afraid that they would be opening up something that they should not be opening up if tubes are made an exemption. Additionally, she would hate to see a n exemption go in for something that essentially will be going away anyway. Commissioner Bandelow also pointed out the tube itself is not the problem but the lettering that is on it. Chairperson Lima reported he contacted the Oregonian to see whether they would consider delivering tubes without their names on it and they indicated they would get back to him on that, which they have not at this point. Commissioner Gr .qorieff did not see the problem with having the papers thrown on the driveways. She noted the papers are in plastic bags when it is raining. Commissioner Grigorieff also pointed out if an exception is allowed for this, who is to stop someone else for wanting the exact thing. Staff stated it goes beyond just the signage issue and part of the issue is what does the City want to allow in the right-of-way and whether tubes are a sign or not. Commissioner Bandelow commented the idea of adding something that is allowed in the right-of-way is a bad move. Chairperson Lima agreed with Commissioner Bandelow and added the issue is the right-of-way. Additionally, he stated the City Council can take action regarding this issue. Commissioner Bandelow noted this ordinance will be complaint driven whether it is the City that reports it or a citizen. Commissioner Vancil interjected he hopes the ordinance is enforceable. Staff commented that is always the issue with any type of enforcement. Priorities have to be made as to which ordinances get enforced and which do not. He utilized as an analogy a police officer can not be on every corner looking for jaywalkers. Staff also remarked although it will be primarily complaint driven, he would expect the Council to prioritize certain aspects of it that are important to focus enforcement, recommending temporary signs to be enforced for a specific period of time to at least bring that into compliance citywide and educate the public with what the regulations are. Hopefully they will be more self policing at that point. Planning Commission Meeting - February 12, 2004 Page 3 of 4 23 Commissioner Mill noted nothing specifically applied to newspaper boxes under the definition of signs. Staff responded it would probably be okay if it is on private property. Commissioner Bandelow moved to approve the Final Order as presented. Commissioner Gri,qorieff seconded the motion. Motion unanimously carried. DISCUSSION ITEMS Staff congratulated the Commission on taking on the very important task of completely overhauling the Sign Ordinance as well as the Development Ordinance. Chairperson Lima paid special praise to Commissioner Bandelow on her participation in the Sign Ordinance Focus Group. Commissioner Bandelow noted the group was one of the most conscientious and polite groups of people she has ever worked with. She said it was an absolute pleasure being part of the Focus Group. REPORTS A. Building Activity for Januarv 2004 Planning Project Tracking Sheet (revised 2-3-04) BUSINESS FROM THE COMMISSION Commissioner Vancil asked Staff if there was anything done internally preventing a recurrence of the loss of trees in developments in the future? Staff answered increased communication between departments has been an issue and that has been addressed. He reported the issue regarding Boones Ferry Road widening from the school down to Highway 214 has been taken to City Council and how they want to align the widening. They made the decision to shift alignment to the West so the cedar trees are retained and tree loss minimized. Staff stated any questions or concerns related to that or for specifics of what will be affected by the right-of-way improvements should be directed to either Randy Rohman or Randy Scott with the Public Works Department. Commissioner Vancil went on record to state he does not wish to see the loss of any more trees. Commissioner Bandelow questioned how many properties on the fenced section are involved in the LID? Staff responded although that is not his area of jurisdiction, he recalled there weren't a lot of properties involved. He indicated primarily just the fronting properties, not the properties off the roadway. Staff reported there will be three lanes going southbound. Commissioner Mill reported his appointment expired December 2003 and therefore, this would more than likely be his last meeting. He thanked everyone and said it has been a pleasure and an honor to serve with the Commissioners, including past members and he will miss seeing everyone. Chairperson Lima stated Commissioner Mill brought a lot of insight to the Commission and he wished him well. ADJOURNMENT Commissioner Bandelow moved to adjourn the meeting and Commissioner Mill seconded the motion, which carried. ATTEST Meeting adjoumed at 8:00 pm..~~_/.,~ Jim M~ldt~r, Commur~ity Development Director City of~/oodbum, Oregon DATE Date Planning Commission Meeting - February 12, 2004 Page 4 of 4 24. N~NUTE$ Woodburn Recreation and Parks Board Tuesday, March 9, 2004 7:00 pm City Council Chambers Herb Mittmann, Choir, called the meeting to order at 7 pm. 2. Roll Call 81) Members present: Herb Mittmenn, Chair; Rosette Wengerin, Vice-Chair; Even Thomas, Member; Phil Legao, Member; Ann Meyer, Member. Members absent: Sharon Felix, Member Staff present: Randy Westrick, Director; bonovan Rayne, Teen Scene Coordinator; Paulette Zastoupil, A.A. Approval of Minutes from ,Tanuary ~13, 20CM. Motion to accept the minutes were made by Herb Mittmann end consensus by the board to accept the minutes es written. Business from the Audience: None Division Reports Recreation Report from Donovan Rayne, Teen Scene Coordinator Donovan reported on the Teen 5cane and shared that they were busy with various activities i.e. D`T ,Tam Sessions, 5TAMP (Community Service Project), Free Hockey Game end Open House for both centers for their first anniverse~/, Operation Store Front (an alcohol and tobacco survey). The Youth Council is meeting once a month. The Middle School Teen Scene had 294 participants for 2! days open, the High School had ll2 participants with 18 days open. Aquatic Center Report from Steve Newport, Aquatic Center Maneqer. Steve Newport report wes in written form. Reports by Randy Westrick, Recreation and Parks Director Community Center Task Force The Task Force is waiting on the final documentation from RDI. has formed 4 different plans end now they are working on a feasibility report on operation costs end revenue. Hermanson Pond Update was given on the WHIP and OWEB grants that will restore the native wildlife habitat on Hermonson Pond. The permits have been filed and work will be started soon. Legion Park Master Plan Randy shored the Police Deportment was working with us in their planning for their new facility. Herb Mittmonn said that Chief Russell hod called him to meet and shore plans on the Legion Park Development. Randy stated that the Police Deportment has come up with good ideas on traffic flow and porking. e 03-04 C~P Discussion Randy shared the CIP Budget with the Board and explained why we needed each one in the budget. · Parks and Recreation Comprehensive Plan Revision · Woodburn Community Center · Hermonson Pond · Membership software and Hardware Upgrade · Locker Room Thermostat and Duct work · WMAC Poll Resurface · Locker Room Floor Tile · Wading Pool and Spa Heaters o Skate Park Evan Thomas reported the Skate Park attendance is up to about 100 kids on the weekend. He is working on a Skate Pork competition and field trip for the summer. The board discussed posting the rules at a better location in which would make them more visible. Ann Meyer shared information from o parent that she felt there should be designated times for the younger kids to skate. The consensus from the board was that they did not want to post times for use and that the younger kids would just have to start using the skate pork in the mornings, before the teenage kids come in the afternoon. Randy reported that there had been o lot of vandalism over the weekend in the Skate Park. 26 8. Mill Creek ~reenway The Board consented to change the regular meeting time to 7:30 PM through December. The Mill Creek Greenway will meet from 5:30 - 7:25PM then report at the Board meeting. 9. Future Board Business · 5kate Park update · 6 year C]~P review · Legion Park update · Greenway Master Plan lO. Board Comment None. Meeting was adjourned at 8:15 pm Next meeting is April :[3, 2004 27 Mill Creek Greenway Task Force Minutes March 2, 2004 Call to order Informal start at 5:30 pm. ~Introductions Mayor Figley introduced the objectives of the Task Force. Each member present gave introductions. Members present: Donovan Reyna, ~Tavier Perfecto, Tom Lonergan, Tim Dickerson, ~Terry Simonsen, ,Toan Garren, David Ellingson, Robin Straughan, ,Teane May, Kathy Figley, Alexandra Stone, Randy Westrick, Cathy Heisen and ban Hoynacki. Project Overview Randy Westrick presented a slide show of the Mill Creek Greenway. The slide show was very informational and gave an overview to the Task Force. He reviewed the Parks and Recreation policies 5 & 6 and the letter al: application to the National Park Service. Vision Development The Task Force work on the vision of the Mill Creek Greenway. · Connections (social and regional) · Recreation · Public Health · Motorized Transportation · Habitat (Open 5pace) · Education · Public Utility · Scientific · Stewardship · Art and Culture 28 o Project Timeline Alex Stone reviewed the timeline with the task force and no modifications were made at this time. Task Force Roles a) Task Force member's brainstormed possible uses for the greenway · Public use of open spaces · Access · Safe Construction · K-t;> Physical Education classes · Habitat and Fish · Tourism · A place known for it's "walks" · 5ounds of nature; frogs, birds, ducks, geese · Facilities: benches, signs which include; educational, directional, plant identification, drinking water, restrooms, garbage cans. · Beauty · Meaningful and memorable names · Tot play areas · ' Exercise s,ations · Promotion of 9reenway and trail b) An inventory field trip of the greenway is scheduled for March 27, 2004. e Task Force Membership The meetings will be held on the second Tuesday of each month at 5:30 pm. They will report to the Recreation and Parks Board immediately following. Next meeting April 13, 2004 29 WOODBURN PUBLIC LIBRARY MONTHLY REPORT FOR FEBRUARY 2004 I. CIRCULATION Current: 13,897 Adult: 8,560 Children: 5,337 In-House Use: 1,908 II. INTERLIBRARY LOAN Previous: 20O3 2002 2001 Books Loaned: 1,143 CCRLS: 1,141 In-State Special: 0 Books Borrowed: 1,033 III. REFERENCE All Other In-State: 2 Out-Of-State: 0 CCRLS: 1,030 In-State Special: 0 All Other In-State: 2 Out-Of-State: 1 13,916 12,726 14,224 Woodburn Referrals Other Total 2004 964 53 992 2,009 2003 1,097 48 1,222 2,367 2002 1,077 75 1,498 2,650 2001 1,108 71 1,268 2,447 Database Usage: February 726 January 714 (notalldata basesincluded) IV. COMPUTER USAGE Adults: 2,411 Children: 956 V. LIBRARY SPONSORED PROGRAMS Average per open hours: 10.22 Average per open hours: 4.05 Adults: 1 Children: 25 VI. VOLUNTEER HOURS WORKED No. Attending: 24 No. Attending: 527 176 ~'INANCE $26,451.85 VII. VIII. HOLDINGS New Adds For The Month of February: 520 78,750 IX. PATRON LOAN TYPES 17,140 Monthly Statistics: February 2004 3O 8G 31 ~ oooo u §§§g§§oooo§§§§§§§§§§§§oooo§§§g§goooo .... o H ooooooooooooooooooooooooooooooooo ooooooooooo ooo 32 ~ oooo u §§§§oooo§§§§§§§§§§g§ ...... §§§§§§oooo .... 33 ~ ° ~ o o H tJ 34 WOODBURN IOA March 22, 2004 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Jim Mulder, Director of Community Development ~ Ordinance Amending the Woodburn Sign Ordinance (Zoning Text Amendment 04-01). RECOMMENDATION: It is recommended that the City Council adopt one of the following options: Approve the attached ordinance with Alternative No. 1 as Exhibit "A" of the ordinance. (2) Approve the attached ordinance with Alternative No. 2 as Exhibit "A" of the ordinance. (3) Approve the attached ordinance with Alternative No. 3 as Exhibit "A" of the ordinance. BACKGROUND: The City Council, at its March 8, 2004 meeting, directed staff to prepare an ordinance to adopt revisions to the Woodburn Sign Ordinance. The Council directed staff to make several changes to the Final Focus Group Draft of the revised sign ordinance. Based on staff's understanding of the Council's discussion relating to these changes and based on a review of the tape recording of the meeting, staff believes the Council provided direction to make the following substantive changes to the Final Focus Group Draft of the revised sign ordinance: · Clarify the distinction between "A-frame signs" and "portable signs." · Include the Planning Commission's recommended change to prohibit "blimps." Agenda Item Review: City Administrator ~ City Attorney 36 Mayor and City Council March 22, 2004 Page 2 In addition, the Council discussed and directed staff to address the issue of when off-premises signs are to comply with the ordinance. However, it is not apparent to staff how the Council desires to specifically address this issue. To resolve this, staff has drafted three alternative versions of the draft ordinance (Exhibit "A") for Council consideration. All three alternative versions are included in your packet and the Council can adopt any version for incorporation in the new ordinance. DISCUSSION: The attached ordinance includes the Final Focus Group Draft with the following substantive amendments (strikethrough represents deletion of existing language and underline represents new language)' · Section 3.110.03, definition of A-frame sign, is amended to read: "A double faced~,,.,,,-,,',r*,-- ~,,~,, ,_,,.,,,., temporary sign... " · Section 3.110.12 Prohibited Signs, a new subsection T is added which reads: "T. Blimp." Section 3.110.13 Temporary Sign Permit (incorrectly identified as Section 3.110.14 in draft ordinance), subsection D.1, is amended to read' "The following types of temporary signs are permitted with a Temporary Sign Permit: A-frames, banners, flags, pennants, balloons, strings of lights, streamers, b!imps, and lawn signs. O,-,r*,~,~,~ ~;~,-,c ....... m,--,-,.,, ,~,-,+ t~emd~%~-. Temporary si.qn types not specified above includinq other types of portable siqns and blimps are not permitted with a Temporary Si.qn Permit." Section 3.110.20 Nonconforming Signs will be amended to address nonconforming "off-premises signs." Three alternative versions are provided for Council discussion and consideration: Alternative No. 1' Section 3.110.20, subsection B, is amended to read: "Nonconforming permanent signs and off-premises siqns that have not been permitted by a variance shall comply with the provisions of Section 3.110 when one or more of the following occurs: Mayor and City Council March 22, 2004 Page 3 A nonconforming sign is expanded, relocated, replaced or structurally altered. 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. 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 $.110. A Type II Design Review or Type III Conditional Use or 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 Type II Design Review or Type III Conditional Use or Design Review land use application, only signs attached to such tenant space shall be required fo comply with the provisions of Section 3.110. 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. A sign permit for a conforming sign (s) is issued for the premises upon which a nonconforming sign is located. In such case, all nonconforming signs on the same premises, except signs attached to individual tenant spaces in a complex, shall comply with Section ;3.110 prior to installation of the new sign(s). In a complex, if a sign permit for a conforming sign(s) is issued for an individual tenant space upon which a nonconforming sign is attached, only signs attached to such tenant space shall be required to comply with the provisions of Section 3.110. Alternative No. 2: Mayor and City Council March 22, 2004 Page 4 Section 3.110.20, subsection A, is amended to read: "Nonconforming signs are those signs lawfully established prior to the adoption of Section 3.110 or subsequent amendment thereto or signs lawfully established on property annexed to the City, which do not conform to the requirements of Section 3.110. Nonconforming permanent signs may remain provided they comply with the provisions of Section 3.110.20. However, nonconforming temporary signs and off-premises si.qns that have not been permitted by a variance shall comply with the provisions of Section 3.110." Alternative No. 3: Section 3.110.20, subsection A, is amended to read: "Nonconforming signs are those signs lawfully established prior to the adoption of Section 3.110 or subsequent amendment thereto or signs lawfully established on property annexed to the City, which do not conform to the requirements of Section 3.110. Nonconforming permanent signs may remain provided they comply with the provisions of Section 3.110.20. However, nonconforming temporary signs and off-premises siqns where the use of premises to which the sign relates chan.qes or terminates for a continuou:, period of 180 days or more shall comply with the provisions of Section 3.110." Alternative No. 1 would require off-premises signs to comply with the sign ordinance when one of the six specified events or "triggers" occurs on the premises the off-premises sign is located. This alternative makes it clear that off- premises signs would be subject to the same six triggers as permanent nonconforming signs. Alternative No. 2 would require off-premises signs to comply with the sign ordinance when the ordinance becomes effective. This alternative would require removal of the off-premises message on any off-premises sign after the ordinanc, e becomes effective. However, the sign structure could remain and an on-premises message could be displayed as long as one of the six triggers does not occur. Both alternatives No. 1 and 2 allow off-premises signs that have been permitted by a variance to remain. Alternative No. 3 would require off-premises signs to comply with the sign ordinance when the use of the premises to which the off-premises sign relates changes or terminates for 180 days or more. For example, if XYZ Restaurant Mayor and City Council March 22, 2004 Page 5 changed to a different use such as a retail store and XYZ had an off-premises sign on another property, the off-premises message would have to be removed at the time a different use was established on the XYZ property. Enforcement of this alternative would require the city to determine when the use changed or terminated and that the previous use had an off-premises sign. If such a determination is made, the city would require the owner of the off-premises sign to remove the off-premises message. Again, the sign structure could remain and an on-premises message could be displayed as long as one of the six triggers does not occur. The effective date of the ordinance is established as July 1, 2004. This should provide sufficient time to develop the necessary new applications to administer the ordinance and to provide for sufficient staffing to enforce the ordinance. This would also allow a period of time for the public to be educated and become familiar with the ordinance before it becomes effective. FINANCIAL IMPACT: There is no direct financial impact associated with the recommended action. However, there likely will be a significant financial impact associated with enforcement of the revised sign ordinance due to a need for additional staff to enforce the ordinance, at least initially. It is anticipated that once the public becomes familiar with the ordinance and recognizes that it is being strictly enforced, the need for enforcement should decline over time. COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 2313 (THE WOODBURN DEVELOPMENT ORDINANCE); REPEALING ORDINANCES 2092 AND 2130; AND SETTING AN EFFECTIVE DATE. WHEREAS, Woodburn sign regulations are presently contained in Ordinance 2092 and Ordinance 2130; and WHEREAS, the Woodburn City Council established as one of the tasks (Task 8) of its 1997 Periodic Review Work Program to update the sign regulations; and WHEREAS, revised sign regulations were drafted as an amendment to the Woodburn Development Ordinance; and WHEREAS, these new sign regulations are clearer, more legally defensible, and better reflect Woodburn's values; and WHEREAS, on January 15, 2004, the Woodburn Planning Commission held a public hearing on the draft sign regulation revisions; and WHEREAS, on February 23, 2004 and March 8, 2004, the Woodburn City Council held public hearings on the draft sign regulations revisions; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Ordinance 2313 (the Woodburn Development Ordinance) is amended to add a new Subsection 3.110 (Signs) which is attached hereto as Exhibit "A" and is incorporated herein by this reference. ,Section 2. The "Table of Contents" of Ordinance 2313 is amended to include Section 3.110 (Signs). Section $. Section 2.102.07D of Ordinance 2313 is amended to read as follows: "Signs. Signs shall be subject to Section 3.110." Section 4. Section 2.103.07D of Ordinance 2313 is amended to read as follows: "Signs. Signs shall be subject to Section 3.110." Page 1 - COUNCIL BILL NO. ORDINANCE NO. Section 5. Section 2.104.07D of Ordinance 2313 ~s amended to read as follows: "Signs. Signs shall be subject to Section 3.110." Section 6. Section 2.105.06D of Ordinance 2313 ~s amended to read as follows: "Signs. Signs shall be subject to Section 3.110." Section 7. Section 2.106.06D of Ordinance 2313 ~s amended to read as follows: "Signs. Signs shall be subject to Section 3.110." Section 8. Section 2.107.06C of Ordinance 2313 ~s amended to read as follows: "Signs. Signs shall be subject to Section 3.110." Section 9. Section 2.109.07D of Ordinance 2313 ~s amended to read as follows: "Signs. Signs shall be subject to Section 3.110." Section 10. Section 2.110.07D of Ordinance 2313 ~s amended to read as follows: "Signs. Signs shall be subject to Section 3.110." Section 11. Section 2.111.06D of Ordinance 2313 ~s amended to read as follows: "Signs. Signs shall be subject to Section 3.110." Section 12. Section 2.203.12C of Ordinance 2313 ~s amended to read as follows: "Signs. Signs shall comply with the provisions of Section 3.110." Section 13. Section 2.203.17H of Ordinance 2313 ~s amended to read as follows: "Signs. Signs shall comply with the provisions of Section 3.110." Section 14. Section 2.203.18D of Ordinance 2313 ~s amended to read as follows: "Signs. Signs shall comply with the provisions of Section 3.110." Section 15. Section 2.203.19F of Ordinance 2313 ~s amended to read as follows: "Signs. Signs shall comply with the provisions of Section 3.110." Section 16, Table 4.1 of Ordinance 2313 is amended to add decision types for Sign Permit (Section 3.110.05.C.1 .a), Temporary Sign Permit (Section 3.110.13), and Sign Design Review (Section 3.110.05.C. 1.b). Section 17. Section 3.107.07D of Ordinance 2313 is repealed. Section 18. Ordinances 2092 and 2130 are repealed. Page 2- COUNCIL BILL NO. ORDINANCE NO. Section 19. The amendments and revisions made by this Ordinance are justified and explained by the Legislative Findings which are attached hereto as Exhibit "B" and incorporated herein by this reference. Section 20. This Ordinance is effective on July 1,2004. Section 21. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections and subsections. Section 22. Notwithstanding the repeal of Ordinance 2092 and Ordinance 2130, Ordinance 2092 and Ordinance 2130 shall remain in force for the purpose of authorizing the prosecution of a person who violated Ordinance 2092 or Ordinance 2130 prior to the effective date of this Ordinance. Approved as to form: City Attorney Date Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 3- COUNCIL BILL NO. ORDINANCE NO. 3.110 Signs Exhibit "A" Alternative No. 3.110.01 Purpose These regulations balance the need to protect the public safety and welfare, the need for a well maintained and attractive community, and the need for adequate identification, communication and advertising. The regulations for signs have the following specific objectives: To ensure that signs are designed, constructed, installed and maintained according to minimum standards to safeguard life, health, property and public welfare; Bo To allow and promote positive conditions for sign communication while at the same time avoiding nuisances to nearby properties; To reflect and support the desired character and development patterns of the various zones, overlay zones, and plan districts and promote an attractive environment; To allow for adequate and effective signs in commercial and industrial zones while preventing signs from dominating the appearance of the area; E. To improve pedestrian and traffic safety; and Fo To ensure that the constitutionally guaranteed right of free speech is protected. 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 and rights-of-way that abut a site, but not necessarily to streets and rights-of-way farther away. 3.110.02 Applicability Section 3.110 states the standards for the number, size, placement, and physical characteristics of signs. This section applies to signs in all zoning districts within the City of Woodbum. Other regulations in the City Code may also apply to signs. No sign shall be placed or constructed on any property within the City of Woodburn that is not in compliance with Section 3.110 or other applicable provisions of the WDO. Proposals for signs where the code is silent, or where the rules of Section 3.110 do not provide a basis for concluding that the sign is allowed, are prohibited. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-74 duly 1, 2004 3.110.03 Definitions Words used in Section 3.110 shall have their normal dictionary meaning unless they are listed in Section 3.110.03 below or in Section 1.102. Words listed in Section 3.110.03 have the specific meaning stated or referenced, unless the context clearly indicates another meaning. Area of sign: Sign area is measured by drawing no more than four straight lines around and enclosing each cabinet or sign display surface; these shall be summed and then totaled to determine total area. No more than three cabinets or sign display surfaces or any combination thereof may be used to calculate the total sign area on any freestanding sign or for each tenant's signage on a building wall. The measurable area shall not include embellishments such as pole covers, decorative roofing, foundation or supports provided there is no written advertising copy, symbols or logos on such embellishments. The area of a sign shall include any symbol, material, lighting, or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. Sign area includes only one side of a multi-sided sign, regardless of the presence of sign copy on both or all sides. Where a sign is of a three dimensional, round or irregular solid shape, the largest cross section shall be used in a flat projection for the purpose of determining sign area. The areas of all signs in existence at the time of enactment of this ordinance, whether conforming or nonconforming, shall be counted in determining permitted sign area. 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. Boundaries of the Site: The area inside the legal lot lines of a site and does not include any property in the public right of way. Building Code: The most current edition of the Oregon State Structural Specialty Code. Building Frontage: Building elevations that front on a public street, alley or parking lot. Building frontage shall be measured as the length of a straight line extending horizontally between the exterior building walls of a single tenant building or the midpoint of the separation walls between individual tenant spaces in a complex. Section 3.110 I~oodburn Development Ordinance [WDO] Page 3.1-75 July 1, 2004 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. Director: Woodburn Director of Community Development or his/her designated representative. Display Surface: The area made available by the sign structure for the purpose of displaying a message. The display surface includes the area of the message and the background. Eave: The overhanging lower edge of a roof. Glare: Illumination of a sign that either directly, or indirectly from reflection, causes illumination on other properties or fight 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. 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. Property Owner or Lessee: An individual, corporation, partnership, or other legal entity shown on county records as the owner or contract purchaser of the property, or is named as the lessee in a lease agreement regarding the property. Sign: Materials placed or constructed, or light projected, that conveys a message or image or is used to inform or attract the attention of the public. Some examples of'signs' are materials or lights meeting the definition of the preceding sentence and which are commonly referred to as signs, placards, A-boards, posters, billboards, murals, diagrams, banners, 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: Section 3.110 Woodburn Developrnenl Ordinance [WDO] Page 3.1-76 July 1, 2004 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. Awning Sign: A sign attached to or incorporated into an awning or an awning that is internally illuminated. Balloon: An inflatable device less than 36 inches in diameter 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 diameter and anchored by some means to a structure or the ground. Changing Image Sign: Any sign, display, device, or portions thereof which is designed to have the capability of movement or give the semblance of movement of the whole or any part of the sign or that displays any artificial light which is not maintained stationary or constant in intensity and color at all times when such signs are in use or through some other automated method, results in movement, the appearance of movement or change of sign image or text. Such signs include but are not limited to electronic signs including LED, LCD, video or other automatic changeable display, rotating and revolving signs, readerboard signs, flashing signs, and wind driven signs including flags, pennants, and streamers. Directory: A sign located in a complex that lists tenants and corresponding addresses located within the complex. 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 comers. 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 at intervals of more than once in any 60 second period. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-77 July 1. 2004 Freestanding Sign: A sign wholly supported by a sign structure in the ground (e.g., monument signs, pole signs). Historical Marker: A plaque or sign erected and maintained on property, a building, or structure by an organization that is recognized for routinely identifying sites, buildings, or structures of historical value. 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 lightweight materials such as cardboard or vinyl that is supported by a frame, pole, or other support structure placed directly in the ground without foundation or other anchor. Menu Board: A sign placed adjacent to a designated drive-thru lane of a drive-thru service establishment. Monument Sign: A low profile 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 ora monument sign. Off-Premises Sign: A sign designed, intended or used to advertise, inform or attract the attention of the public as to: ao bo Goods, products or services which are not sold, manufactured or distributed on or fi'om the premises on which the sign is located; Facilities not located on the premises on which the sign is located; or Activities not conducted on the premises on which the sign is located. 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 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. Section 3.110 I~'oodburn Development Ordinance [WDOJ Page 3.1-78 July 1, 2004 Proiecting 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. Readerboard Sign, Electronic Changeable Copy: A permanent sign on which copy can be changed electronically by using patterns of lights that may be changed at intervals not exceeding one change in copy or display, or intensity or color of lighting in any 60 second period. Readerboard Sign, Mechanical Changeable Copy: A permanent sign on which copy can be changed manually in the field. 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. Subdivision Sign: A sign located on land in a recorded subdivision containing 10 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 and/or vertical loads as determined by the City of Woodbum 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. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-79 July 1, 2004 Sign Maintenance: Normal care needed to keep a sign functional such as painting, cleaning, oiling, and changing light bulbs. 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. Street Frontage: The portion of a site that abuts a public street. 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 ordinary maintenance or repair, repainting an existing sign surface, including changes of message or image, exchanging painted and pasted or glued materials on painted wall signs, or exchanging display panels of a sign through release and closing of clips or other brackets. Vision Clearance Area: See Section 3.103.10. 3.110.04 Sign Permit Required Ao A sign permit is required to erect, replace, construct, relocate, or alter a sign, unless such sign or action is exempt under Section 3,110.11. The Director shall issue a sign permit if the applicant files an application, filing fee, and plans which demonstrate full compliance with all provisions of Section 3.110 and other applicable city regulations. Sign maintenance, sign repair and 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 increased in size. A building permit shall be obtained for any signs where the sign installation is regulated under the Building Code. An electrical permit shall be obtained for all illuminated signs, subject to the provisions of the State Electrical Code. Section 3.110 IYoodburn Development Ordinance [Y/DO] Page 3.1-80 July 1, 2004 The Director may require application for sign permits for any existing signage on the premises if no existing permits previously had been approved. 3.110.05 Sign Permit Approval Process A. Initiation of an Application. An application for a sign permit may only be initiated by the property owner or lessee with the authorization of the property owner. B. Application Form. An application for a sign permit shall be made on forms as prescribed by the Director. Such an application shall be filed with the Planning Department. The application shall be accompanied by any fees as specified by City Council resolution. A sign permit application shall include the following information: 1. Sign location Business name and business owner's name, address and phone number 3. Property owner's name, address, and phone number 4. Sign company name, address, and phone number 5. Contact person and phone number 6. Type of sign Illustration of the proposed sign(s), existing signs and location including the following items: ao Site plan and/or building elevation plans drawn to scale and dimensioned showing: 1) Existing structures 2) Driveways 3) Streets and right of ways 4) Existing signs 5) Proposed sign 6) Existing property lines Section 3.110 }Voodburn Development Ordinance [F/DO] Page 3.1-81 July 1, 2004 Proposed sign drawn to scale and dimensioned, showing (as applicable): 1) 2) 3) 4) 5) 6) 7) 8) 9) Total height from the ground Width Depth Area of sign in square feet Size and style of letters Colors Type of illumination Materials Drawing of the sign on the building elevation with dimensions of the building wall Signatures of the property owner or lessee. If a lessee signs, property owner authorization shall be provided. Process. Permits for new signs or modification of existing signs shall be processed as follows: Signs subject to a sign permit, except signs listed under Section 3.110.05.C.1.b below, shall be processed, using the procedures, standards, and application requirements, provided in Section 3.110. Pole signs and the placement of neon tubing on the exterior of a building shall be processed as a Type II land use application, using the application requirements of Section 5.102.02, except additional exhibits required under Section 5.102.02.B are limited to sign information required under Section 3.110.0S.B, and using the standards and design guidelines of Section 3.110 as approval criteria. A Type II sign application may be processed concurrently with a separate Type II or III development application. After a sign application is received and deemed complete by the Director, the Director shall provide the applicant with a written decision granting or denying the application for a sign permit. For non-compliant applications, the decision shall explain the reasons why the application was denied. A decision to deny shall be mailed to the address on the application by regular mail. The Director's decision under Section 3.110.05.C.l.a is final for purposes of appeal on the date that it is mailed or otherwise Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-82 July 1. 2004 provided to the applicant, whichever occurs first. The Director's decision is not appealable locally, and is the final decision of the City. A decision under Section 3.110.05.C.l.b may be appealed following the appeal procedure for a Type II application. 3.110.06 Expiration of Approval Sign permit approval shall expire 180 days from the date of approval if a building permit is not issued, if required, or substantial construction of the sign has not commenced if a building permit is not required. Signs that require the issuance of a building permit shall be constructed within the time period established by the building permit. Expiration of a Type II sign application approval shall comply with Section 4.102.03. 3.110.07 Inspections A. Construction Inspection. General requirements for the inspection of signs during and following construction shall be as follows: All construction work for which a permit is required shall be subject to an inspection by the Building Official in accordance with the Building Code and Section 3.110: ao A survey of the lot or parcel or proposed location for sign erection may be required by the Building Official to verify compliance of the structure with approved plans. bo Neither the Building Official nor the City of Woodburn shall be liable for expense or other obligations entailed in the removal or replacement of any material required to allow inspection. It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. 0 The applicant shall request a final inspection when all work is completed. This inspection shall cover all items required by the Building Official under State law or City ordinances such as the Section 3.110 If oodburn Development Ordinance Page 3.1-83 July 1, 2004 locations, landscaping if required, and general compliance with the approved plans and requirements of Section 3.110. B. Director's Inspection. The Director is authorized and directed to enforce all of the provisions of Section 3.110. All signs for which permits are required shall be inspected by the Director. Upon presentation of proper credentials, the Director may enter at reasonable times any building, structure, or premises in the City to perform any duty imposed upon the position by Section 3.110. 3.110.08 General Requirements mo Landscaping: Permanent freestanding signs shall be located in a planted landscaped area which is of a size equal to at least twice the sign area. The landscaped area shall be improved and maintained subject to the landscaping standards of Section 3.106. Bo Location: No portion of a freestanding sign shall be located less than five feet from any boundary property line. 3.110.09 Design Guidelines for Type II Sign Applications The following design guidelines shall be applicable to Type II sign applications: mo Each sign should be designed to be consistent with the architectural style of the main building or buildings upon the site. Signs located upon a site with only one main building should be designed to incorporate at least one of the predominately visual elements of the building, such as type of construction materials or color. Each sign located upon a site with more than one building, such as a complex or other nonresidential development, should be designed to incorporate at least one predominate visual design element common to all such buildings or a majority of the buildings. Multiple signs located within a single development, or complex should have a common design established through the use of similar sign colors and materials, sign supports, method of illumination, sign cabinet or other configuration of sign area, shape of sign and components, and letter style and size. Section 3.110 Woodburn Development Ordinance {WDQ] Page 3.1-84 July 1. 2004 Do Sign colors and materials should be consistent with the color scheme and materials used in the development. The use of fluorescent colors or similar highly reflective materials should be discouraged. Bo Supporting elements of pole signs should be covered consistent with subsection (D) above. The total width of pole covers should be at least 30 percent of the sign display width. Fo Freestanding signs should appear to be a single unit and should not have separate or detached cabinets or readerboards that are not architecturally integrated into the primary sign display area. 3.110.10 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 in accordance with Section 3.110 or the Building Code. Signs and sign structures that are dangerous must be taken down and removed or made safe, as the Director deems necessary. 3.110.11 Exemptions. The following are exempt from application, permit and fee requirements of Section 3.110, but are subject to other applicable portions of Section 3.110 and the City Code and may require building and electrical permits: Ao Window signs provided such signs shall not obscure more than 50 percent of the total window area of a building face. Flags provided that not more than two flags shall be permitted on a lot or parcel in any zone. The area of an individual flag shall not exceed 40 square feet. Flag mounts or poles shall not exceed 40 feet in height. Co Temporary freestanding signs in non-residential zones provided that not more than two such signs shall be permitted on a single tenant site or complex. The total area of such signs on a single tenant site or complex shall not exceed 24 square feet and the height shall not exceed eight feet. Such signs shall not be placed in the public right of way or a vision clearance area. Wall signs on residential dwellings provided that not more than two such signs are permitted on a dwelling unit and the total area of all such signs shall not exceed three square feet. Section 3.110 Woodburn Development Ordinance {WDO] Page 3.1-85 July 1, 2004 Additional Permanent Wall and Freestanding Signs. In addition to the wall and freestanding signs permitted under Sections 3.110.14 through 3.110.18, the following additional permanent wall and freestanding signs are permitted for all uses, except single and two family dwellings. The area of each such freestanding sign shall not exceed three square feet and a height of five feet. The area of each such wall sign shall not exceed three square feet. Not more than three such freestanding signs shall be permitted on a lot or parcel and not more than two such wall signs shall be placed on a building with a single tenant or on an individual tenant space in a multiple tenant building. A freestanding sign shall not be located within a required front yard setback or setback abutting a street. Fo Menu boards in conjunction with a drive-thru service establishment. Not more than two menu boards shall be permitted for a drive-thru service establishment. Menu boards shall be located adjacent to the driveway leading to a drive through window and shall not exceed seven feet in height and eight feet in width. Go Lawn signs and A-frame signs in residential zones provided that not more than two such signs are located on a lot or parcel and the total area for all such signs does not exceed eight square feet. Such signs shall not exceed six feet in height and shall not be placed in the public right of way or vision clearance areas. 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 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. Signs required by federal, state, or city law on private property if the sign is no more than 32 square feet in area. Such signs include building addresses, handicap parking signs, designation of fire lanes, public hearing notices, and building inspection notices. Signs owned and maintained by federal or state agencies or the City of Woodburn. 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. Decorations and lights relating directly to federal, state, or city recognized events or holidays, provided that such decorations and lights shall be placed not more than 45 days before the holiday or event to which they Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-86 July 1. 2004 pertain and shall be removed within 15 days of the passing of the holiday or event to which they pertain. Mo Signs on phone booths and product dispensers, such as beverage, recycling, newspaper, gasoline, and propane machines provided the total area of signage on an individual unit does not exceed three square feet. Directories for non-residential complexes with two or more buildings and multiple family residential complexes with four or more buildings. Directories shall be limited to a maximum of one per street access and shall be located a minimum of 50 feet from a street right of way. Each directory shall be limited to a maximum area of 24 square feet. Freestanding directories shall be limited to a maximum height of eight feet. Oo Bench signs provided the total area of such signs on a bench does not exceed one square foot. 3.110.12 Prohibited signs The following signs and advertising devices are prohibited: mo Any sign constructed, erected, replaced, relocated, altered, repaired, or maintained in a manner not in compliance with Section 3.110. A temporary sign not otherwise allowed under Section 3.110.13 or exempt under Section 3.110.11. C. Off-premises sign. D. A sign located on the roof of any building or structure. Bo A sign located in the vision clearance area established by Section 3.103.10. F. A sign located in the special setback area established by Section 3.103.05. A sign in public right of ways except awning, projecting, wall, and suspended signs projecting over a public fight of way in conformity with Section 3.110, or unless specifically exempt under Section 3.110.11. H. Internally illuminated awning sign. A changing image sign not otherwise allowed under Sections 3.110.13 through 3.110.18 or exempt under Section 3.110.11. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-87 July 1. 2004 Jo A permanent sign located on an undeveloped lot or parcel, except subdivision signs. K. A beacon light, searchlight, strobe light or a sign containing such lights. Lo Neon tubing on the exterior of a building unless approved as part of a Type II sign application. 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. An illuminated sign that produces glare. Glare may not directly, or indirectly from reflection, cause illumination on other properties or right of way in excess of a measurement of 0.5-foot candles of light measured at the property line. Oo A sign required to have been issued a sign permit, but for which no sign permit has been issued. A sign with visible incandescent bulbs or fluorescent tubes or a sign with a visible direct source of illumination, except neon, and not otherwise allowed under Section 3.110.13 or exempt under Section 3.110.11. Q. A sign that is unsafe or constitutes a public nuisance. R. A sign that incorporates flames or emits sounds or odors. A sign supported in whole or in part by cables or guy wires or that has cables or guy wires extending to or from it. T. Blimp. 3.110.13 Temporary Sign Permit Certain temporary signs that are not otherwise exempt under Section 3.110.11 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. Process. Temporary Sign Permits shall be processed using the procedures, criteria, and application requirements of Section 3.110.14. Section 3.110 Woodburn Development Ordinance {WDO] Page 3.1-88 July I, 2004 Do ° After a Temporary Sign Permit application is received and deemed complete by the Director, the Director shall provide the applicant with a written decision granting or denying the application for a Temporary Sign Permit. For non-compliant applications, the decision shall explain the reasons why the application was denied. A decision to deny shall be mailed to the address on the application by regular mail. The Director's decision under Section 3.110.14 is final for purposes of appeal on the date that it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision is not appealable locally, and is the final decision of the City. Application Requirements. An application for a Temporary Sign Permit shall be made on forms as prescribed by the Director. Such an application shall be filed with the Planning Department. The application shall be accompanied by any fees as specified by City Council resolution. The following information is required for submittal of a Temporary Sign Permit application: A completed Temporary Sign Permit application form. The application form shall include the following: 1. Address of location where sign(s) is to be placed. Business name; property owner or tenant name, mailing address, and phone number. 3. Contact person and phone number. 4. Type of signs and total area of signs in square feet. 5. Signatures of the applicant and property owner or tenant. Identification of the location where sign(s) is to be placed as a single tenant site, an individual tenant in a complex, a complex with less than 20 tenants, or a complex with 20 or more tenants. Criteria. The Director shall approve an application for a Temporary Sign Permit only if it complies with the following approval criteria: 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 Section 3.110 F/oodburn Development Ordinance [It/DO] Page 3.1-89 July 1, 2004 o o sign types not specified above including other types of portable signs and blimps are not permitted with a Temporary Sign Permit. A Temporary Sign Permit shall not be granted for single and two family residential uses or for an individual tenant in a multiple family residential complex. An owner or tenant of an individual property, a tenant in a complex, and the owner of a complex may obtain Temporary Sign Permits. In a complex, a tenant shall be limited to placing only banners and flags on the exterior walls and windows of its tenant space. Temporary Sign Permits shall be limited to a specified number of 15-day periods per calendar year. Said periods may mn consecutively; however, unused days fi.om one period shall not be added to another period. The number of Temporary Sign Permits allowed shall be as follows: A single tenant site or an individual tenant in a complex shall be permitted a maximum of four Temporary Sign Permits per calendar year. A complex consisting of less than 20 tenant spaces shall be permitted a maximum of four Temporary Sign Permits per calendar year, in addition to Temporary Sign Permits allowed for individual tenants. Co A complex consisting of 20 or more tenant spaces shall be permitted a maximum of six Temporary Sign Permits per calendar year, in addition to Temporary Sign Permits allowed for individual tenants. No temporary sign shall extend into or over public right of way or vision clearance areas, as governed by Section 3.103.10. No temporary sign shall obstruct on-site pedestrian or vehicular access or circulation. The total area of all temporary signs permitted by a Temporary Sign Permit shall not exceed 100 square feet for an individual tenant in a complex, 200 square feet for a single tenant site or a complex with less than 20 tenant spaces, or 400 square feet for a complex consisting of 20 or more tenant spaces. Section 3.110 I~oodburn Development Ordinance [~FDO] Page 3.1-90 July 1. 2004 3.110.14 Permitted Signs--Residential and Public/Semi-Public Land Use Districts (RS, RIS, RM, and P/SP) Signs in the RS, RIS, RM and P/SP Districts shall be subject to the following provisions and all other applicable provisions of Section 3.110 and the WDO. A. Subdivision and Manufactured Home Park Signs. Signs located within a subdivision containing 10 lots or more or a manufactured home park containing 10 lease spaces or more shall be permitted subject to the following limitations: 1. Type. Monument signs and signs attached to a freestanding wall are permitted. 2. Area of signs. Each sign shall not exceed 20 square feet in area. 3. Height of sign. a. Monument sign shall not exceed a height of five feet. b. Sign on freestanding wall shall not project above wall. 4. Number of signs. One sign is permitted on each side of each public street entry into the development. 5. Illumination. Only externally illuminated signs are permitted and such signs shall not cause glare. B. Multiple Family Dwelling Signs. Signs associated with multiple family developments containing four or more attached dwelling units shall be permitted subject to the following limitations: 1. Type of sign. Monument and wall signs are permitted. 2. Area of sign. Wall sign shall not exceed 20 square feet in area. Monument sign shall not exceed 20 square feet in area. Height of sign. Monument sign shall not exceed a height of five feet. Number of signs. Not more than one monument sign and one wall sign shall be permitted Section 3.110 Woodburn Development Ordinance {WDO] Page 3.1-91 July 1, 2004 Co 5. Illumination. Only externally illuminated signs are permitted and such signs shall not cause glare. Non-Residential Use Signs. Signs for non-residential uses shall be permitted subject to the following limitations: 1. Developed site containing less than three acres: a. Type of Sign. Monument, wall, and mechanical changeable copy readerboard signs are permitted. b. Area of sign. 1) Wall sign shall not exceed 20 square feet in area. 2) Monument sign shall not exceed 20 square feet in area including any readerboard sign. 3) Readerboard sign shall not exceed 12 square feet in area. c. Height of Sign. Monument sign shall not exceed five feet in height. d. Number of' Signs. One monument sign and one wall sign shall be permitted. Readerboard sign may only comprise part of a monument sign and shall be included in the area calculation for a monument sign. e. Illumination. Only externally illuminated signs are permitted and such signs shall not cause glare. 2. Developed site containing three or more acres: a. Type of Sign. Monument, wall and mechanical changeable copy readerboard signs are permitted. b. Area of sign. 1) 2) 3) Wall sign shall not exceed 32 square feet in area. Monument sign not exceed 32 square feet in area including any readerboard sign. Readerboard sign shall not exceed 18 square feet in area. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-92 July 1, 2004 Co Height of Sign. Monument sign shall not exceed six feet in height. do Number of Signs. One monument sign is permitted per public street frontage provided the total number of monument signs shall not exceed two signs. One wall sign is permitted on each building wall that fronts on a public street provided the total number of wall signs shall not exceed two signs. Readerboard signs may only comprise part of a monument sign and shall be included in the area calculation for a monument sign. Illumination. Only externally illuminated signs are permitted and such signs shall not cause glare. 3.110.15 Permitted Signs~Commercial Office District (CO) Signs in the CO District shall be subject to the following provisions and all other applicable provisions of Section 3.110 and the WDO. A. Developed site or complex containing less than three acres. 1. Type of signs. Monument and wall sign(s) are allowed. 2. Area of signs. ao Wall sign. No more than four percent of any building wall shall be covered by wall signs. Monument sign. Monument sign shall not exceed 20 square feet in area. o Height of monument sign. Monument sign shall not exceed a height of five feet. 4. Number of signs. ao Wall sign. Maximum of one sign per tenant. One additional sign is permitted to identify each building or complex. Monument sign. Maximum of one sign per street frontage not to exceed a total of two signs. Illumination. Externally or internally illuminated signs are permitted and such signs shall not cause glare. Section 3.110 }Voodburn Development Ordinance [P/DOJ Page 3.1-93 July 1, 2004 B. Developed site or complex containing three acres or more: 1. Type of signs. Monument and wall sign(s) are allowed. 2. Area of signs. a. Wall sign. No more than four percent of any building wall shall be covered by wall signs. b. Monument sign. Monument sign shall not exceed 32 square feet in area. 3. Height of monument sign. Monument sign shall not exceed a height of six feet. 4. Number of signs. a. Wall sign. Maximum of one sign per tenant. One additional sign is permitted to identify each building or complex. b. Monument sign. Maximum of one sign per street frontage not to exceed a total of two signs. 5. Illumination. Externally or internally illuminated signs are permitted and such signs shall not cause glare. 3.110.16 Permitted Signs--Commercial General District (CG) Signs in the CG District shall be subject to the following provisions and all other applicable provisions of Section 3.110 and the WDO. A. Pole Signs. 1. Single Tenant Site. go bo A pole sign is permitted on a street frontage that exceeds 100 lineal feet not to exceed one pole sign on a single tenant site. A pole sign shall be permitted instead of a monument sign. A pole sign on a street with less than 300 lineal feet of frontage shall not exceed 12 feet in height and 32 square feet in area. Section 3.110 Woodburn Development Ordinance [I~DO] Page 3.1-94 July 1, 2004 Co do A pole sign on a street with 300 lineal feet or more but less than 600 lineal feet of frontage shall not exceed 15 feet in height and 50 square feet in area. A pole sign on a street with 600 lineal feet or more of frontage shall not exceed 20 feet in height and 100 square feet in area. Complex. bo A pole sign is permitted on a street frontage that exceeds 100 lineal feet not to exceed one pole sign for a complex. A pole sign on a street with less than 300 lineal feet of frontage shall not exceed 15 feet in height and 50 square feet in area. do A pole sign on a street with 300 lineal feet or more but less than 600 lineal feet of frontage shall not exceed 18 feet in height and 75 square feet in area. A pole sign on a street with 600 lineal feet or more of frontage shall not exceed 20 feet in height and 100 square feet in area. Monument Signs. One primary monument sign is permitted on a single tenant site or complex. If a pole sign is placed on a single tenant site or complex, a primary monument sign is not permitted. In a complex, secondary monument signs are permitted at a ratio of one monument sign for each 300 lineal feet of street frontage on the same street not to exceed two secondary monument signs on a single street frontage and not to exceed a total of four secondary monument signs on a complex. Monument signs on a street fi:ontage with less than 300 lineal feet of frontage shall not exceed six feet in height and 32 square feet in area. Monument signs on a street frontage with 300 lineal feet or more of frontage shall not exceed eight feet in height and 50 square feet in area. C. Wall Signs. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-95 July 1, 2004 Wall signs are permitted on a primary building frontage. Such signs shall not cover more than six percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 200 square feet. However, a minimum sign area of 20 square feet shall be permitted for each single tenant building or tenant in a multiple tenant building. Only one building wall shall be designated as the primary building frontage. Wall signs are permitted on secondary building frontages. Such signs shall not cover more than three percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 100 square feet. However, a minimum sign area of 16 square feet is allowed for each single tenant building or tenant in a multiple tenant building. Wall signs are permitted on canopies. Such signs shall be limited to no more than two sides of the canopy and shall not cover more than 15 percent ora canopy face or 50 square feet, whichever is less. D. Readerboards. Mechanical and electronic changeable copy readerboards are permitted. Readerboards are permitted on pole and monument signs only. Readerboards shall be integrated into the overall sign to appear as a single unit and shall not comprise more than 50 percent of the total sign display surface. E. Awning and Marquee Signs. Signs on awnings and marquees are permitted as wall signs, except that intemally illuminated awning signs are prohibited. Signs on awnings and marquees shall not extend above or below the awning or marquee. F. Projecting Signs. One projecting sign is permitted on a single tenant site or complex. However, no projecting sign shall be permitted on a single tenant site or complex where there is a pole or monument sign. Projecting signs shall not exceed an area of 24 square feet and shall be located a minimum of eight feet above the ground. Such signs shall not project more than six feet from a building wall. Section 3.110 I~oodburn Development Ordinance [WDO] Page 3.1-96 July 1, 2004 G. Suspended Signs. One suspended sign is permitted for each entrance to a building or tenant space. Such sign shall not exceed an area of six square feet and shall be located a minimum of eight feet above the ground. Such sign shall not project past the outer edge of the roof structure. H. General Standards. Pole and monument signs within the same complex shall be located a minimum of 100 feet apart. Pole signs shall be subject to approval of a Type II application pursuant to Section 3.110.05.C.l.b. Illumination: Externally or internally illuminated signs are permitted and such signs shall not cause glare. 3.110.17 Permitted Signs--Downtown Development and Conservation District (ODe) Signs in the DDC District shall be subject to the following provisions and all other applicable provisions of Section 3.110 and the WDO. A. Monument Signs. 1. A monument sign is permitted on a single tenant site or complex. A monument sign shall not exceed five feet in height and 20 square feet in area. B. Wall Signs. Wall signs are permitted on a primary building frontage. Such signs shall not cover more than four percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 50 square feet. However, a minimum sign area of 16 square feet shall be permitted for each single tenant building or tenant in a multiple tenant building. Only one building wall shall be designated as the primary building frontage. Wall signs are permitted on secondary building frontages. Such signs shall not cover more than two percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 30 square Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-97 July 1, 2004 feet. However, a minimum sign area of 12 square feet is allowed for each single tenant building or tenant in a multiple tenant building. C. Readerboards. Mechanical and electronic changeable copy readerboards are permitted. Readerboards are permitted on monument signs only. Readerboards shall be integrated into the overall sign to appear as a single unit and shall not comprise more than 50 percent of the total sign display surface. D. Awning and Marquee Signs. Signs on awnings and marquees are permitted as wall signs, except that internally illuminated awning signs are prohibited. Signs on awnings and marquees shall not extend above or below the awning or marquee. E. Projecting Signs. One projecting sign is permitted on a single tenant site or complex for each street or alley frontage. However, no projecting sign shall be permitted on a single tenant site or complex where there is a monument sign on the same street frontage. Projecting signs shall not exceed an area of 12 square feet and shall be located a minimum of eight feet above the ground. Such signs shall not project more than four feet from a building wall. F. Suspended Signs. One suspended sign is permitted for each entrance to a building or tenant space. Such sign shall not exceed an area of six square feet and shall be located a minimum of eight feet above the ground. Such sign shall not project past the outer edge of the roof structure. G. General Standards. Projecting signs shall be subject to approval of a Type II application pursuant to Section 3.110.05.C.l.b. Illumination: Externally or internally illuminated signs are permitted and such signs shall not cause glare. 3.110.18 Permitted Signs---Industrial Districts (IP and IL) Signs in the IP and IL Districts shall be subject to the following provisions and all other applicable provisions of Section 3.110 and the WDO. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-98 July 1, 2004 A. Monument Signs. Co One monument sign is permitted on a single tenant site or complex. In a complex, one additional monument sign is permitted if the complex has at least two street frontages that each exceed 300 lineal feet. o Monument signs on a street frontage with less than 300 lineal feet of frontage shall not exceed six feet in height and 32 square feet in area. Monument signs on a street frontage with 300 lineal feet or more of frontage shall not exceed eight feet in height and 50 square feet in area. Wall Signs. Wall signs are permitted on a primary building frontage. Such signs shall not cover more than four percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 150 square feet. However, a minimum sign area of 16 square feet shall be permitted for each single tenant building or tenant in a multiple tenant building. Only one building wall shall be designated as the primary building frontage. Wall signs are permitted on secondary building frontages. Such signs shall not cover more than two percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 75 square feet. However, a minimum sign area of 12 square feet is allowed for each single tenant building or tenant in a multiple tenant building. Readerboards. Mechanical and electronic changeable copy readerboards are permitted. Readerboards are permitted on monument signs only. Readerboards shall be integrated into the overall sign to appear as a single unit and shall not comprise more than 50 percent of the total sign display surface. Awning and Marquee Signs. Section 3.110 I~oodburn Development Ordinance {WDO] Page 3.1-99 July 1, 2004 Signs on awnings and marquees are permitted as wall signs, except that internally illuminated awning signs are prohibited. Signs on awnings and marquees shall not extend above or below the awning or marquee. mo Projecting Signs. One projecting sign is permitted on a single tenant site or complex. However, no projecting sign shall be permitted on a single tenant site or complex where there is a monument sign. Projecting signs shall not exceed an area of 20 square feet and shall be located a minimum of eight feet above the ground. Such signs shall not project more than four feet from a building wall. F. Suspended Signs. One suspended sign is permitted for each entrance to a building or tenant space. Such sign shall not exceed an area of six square feet and shall be located a minimum of eight feet above the ground. Such sign shall not project past the outer edge of the roof structure. G. General Standards. Monument signs within the same complex shall be located a minimum of 100 feet apart. Illumination. Externally or internally illuminated signs are permitted and such signs shall not cause glare. 3.110.19 Variances A variance may be granted from any regulation of Section 3.110 in accordance with the provisions of Section 5.103.11. 3.110.20 Nonconforming Signs Ao Nonconforming signs are those signs lawfully established prior to the adoption of Section 3.110 or subsequent amendment thereto or signs lawfully established on property annexed to the City, which do not conform to the requirements of Section 3.110. Nonconforming permanent signs may remain provided they comply with the provisions of Section 3.110.20. However, nonconforming temporary signs shall comply with the provisions of Section 3.110. Nonconforming permanent signs and off-premises signs that have not been permitted by a variance shall comply with the provisions of Section 3.110 when one or more of the following occurs: Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-100 July 1, 2004 A nonconforming sign is expanded, relocated, replaced or structurally altered. 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. 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. A Type II Design Review or Type III Conditional Use or 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 Type II Design Review or Type III Conditional Use or Design Review land use application, only signs attached to such tenant space shall be required to comply with the provisions of Section 3.110. 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. A sign permit for a conforming sign(s) is issued for the premises upon which a nonconforming sign is located. In such case, all nonconforming signs on the same premises, except signs attached to individual tenant spaces in a complex, shall comply with Section 3.110 prior to installation of the new sign(s). In a complex, if a sign permit for a conforming sign(s) is issued for an individual tenant space upon which a nonconforming sign is attached, only signs attached to such tenant space shall be required to comply with the provisions of Section 3.110. 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. 3.110.21 Enforcement. The violation of any provision of Section 3.110 is subject to the enforcement provisions contained in Section 4.102.11. Section 3.110 Woodburn Development Ordinance {~YDO] Page 3.1-101 July 1, 2004 3.110 Signs Exhibit "A" Alternative No. 3.110.01 Purpose These regulations balance the need to protect the public safety and welfare, the need for a well maintained and attractive community, and the need for adequate identification, communication and advertising. The regulations for signs have the following specific objectives: To ensure that signs are designed, constructed, installed and maintained according to minimum standards to safeguard life, health, property and public welfare; Bo To allow and promote positive conditions for sign communication while at the same time avoiding nuisances to nearby properties; To reflect and support the desired character and development patterns of the various zones, overlay zones, and plan districts and promote an attractive environment; To allow for adequate and effective signs in commercial and industrial zones while preventing signs from dominating the appearance of the area; E. To improve pedestrian and traffic safety; and To ensure that the constitutionally guaranteed fight of free speech is protected. 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 and fights-of-way that abut a site, but not necessarily to streets and rights-of-way farther away. 3.110.02 Applicability Section 3.110 states the standards for the number, size, placement, and physical characteristics of signs. This section applies to signs in all zoning districts within the City of Woodburn. Other regulations in the City Code may also apply to signs. No sign shall be placed or constructed on any property within the City of Woodbum that is not in compliance with Section 3.110 or other applicable provisions of the WDO. Proposals for signs where the code is silent, or where the rules of Section 3.110 do not provide a basis for concluding that the sign is allowed, are prohibited. 2 Section 3.110 FFoodburn Development Ordinance [WDO] Page 3.1-74 July 1, 2004 3.110.03 Definitions Words used in Section 3.110 shall have their normal dictionary meaning unless they are listed in Section 3.110.03 below or in Section 1.102. Words listed in Section 3.110.03 have the specific meaning stated or referenced, unless the context clearly indicates another meaning. Area of sign: Sign area is measured by drawing no more than four straight lines around and enclosing each cabinet or sign display surface; these shall be summed and then totaled to determine total area. No more than three cabinets or sign display surfaces or any combination thereof may be used to calculate the total sign area on any freestanding sign or for each tenant's signage on a building wall. The measurable area shall not include embellishments such as pole covers, decorative roofing, foundation or supports provided there is no written advertising copy, symbols or logos on such embellishments. The area of a sign shall include any symbol, material, lighting, or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. Sign area includes only one side of a multi-sided sign, regardless of the presence of sign copy on both or all sides. Where a sign is of a three dimensional, round or irregular solid shape, the largest cross section shall be used in a flat projection for the purpose of determining sign area. The areas of all signs in existence at the time of enactment of this ordinance, whether conforming or nonconforming, shall be counted in determining permitted sign area. 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. Boundaries of the Site: The area inside the legal lot lines of a site and does not include any property in the public fight of way. Building Code: The most current edition of the Oregon State Structural Specialty Code. Building Frontage: Building elevations that front on a public street, alley or parking lot. Building frontage shall be measured as the length of a straight line extending horizontally between the exterior building walls of a single tenant building or the midpoint of the separation walls between individual tenant spaces in a complex. Section 3.110 Igoodburn Development Ordinance [WDO] Page 3.1-75 July 1, 2004 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. Director: Woodbum Director of Community Development or his/her designated representative. Display Surface: The area made available by the sign structure for the purpose of displaying a message. The display surface includes the area of the message and the background. Eave: The overhanging lower edge of a roof. Glare: Illumination of a sign that either directly, or indirectly from reflection, causes illumination on other properties or right 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. 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. Property Owner or Lessee: An individual, corporation, partnership, or other legal entity shown on county records as the owner or contract purchaser of the property, or is named as the lessee in a lease agreement regarding the property. Sign: Materials placed or constructed, or light projected, that conveys a message or image or is used to inform or attract the attention of the public. Some examples of 'signs' are materials or lights meeting the definition of the preceding sentence and which are commonly referred to as signs, placards, A-boards, posters, billboards, murals, diagrams, banners, 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: Section 3.110 F/oodburn Development Ordinance [WDO] Page 3.1-76 July 1, 2004 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 fi'om being blown fi'om its location or easily moved. Awning Sign: A sign attached to or incorporated into an awning or an awning that is internally illuminated. Balloon: An inflatable device less than 36 inches in diameter 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 fi'amework. Bench Sign: A sign on an outdoor bench. Blimp: An inflatable device 36 inches or greater in diameter and anchored by some means to a structure or the ground. Chan_ging Image Sima: Any sign, display, device, or portions thereof which is designed to have the capability of movement or give the semblance of movement of the whole or any part of the sign or that displays any artificial light which is not maintained stationary or constant in intensity and color at all times when such signs are in use or through some other automated method, results in movement, the appearance of movement or change of sign image or text. Such signs include but are not limited to electronic signs including LED, LCD, video or other automatic changeable display, rotating and revolving signs, readerboard signs, flashing signs, and wind driven signs including flags, pennants, and streamers. Directory: A sign located in a complex that lists tenants and corresponding addresses located within the complex. Externally Illuminated Sign: A sign where the light source is separate fi.om 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 comers. 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 at intervals of more than once in any 60 second period. Section 3.110 F/oodburn Development Ordinance [~FDO] Page 3.1-77 Jury ~, ~oo4 Freestanding Sign: A sign wholly supported by a sign structure in the ground (e.g., monument signs, pole signs). Historical Marker: A plaque or sign erected and maintained on property, a building, or structure by an organization that is recognized for routinely identifying sites, buildings, or structures of historical value. 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 lightweight materials such as cardboard or vinyl that is supported by a frame, pole, or other support structure placed directly in the ground without foundation or other anchor. Menu Board: A sign placed adjacent to a designated drive-thru lane of a drive-thru service establishment. Monument Sign: A low profile 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. Off-Premises Sign: A sign designed, intended or used to advertise, inform or attract the attention of the public as to: bo Goods, products or services which are not sold, manufactured or distributed on or from the premises on which the sign is located; Facilities not located on the premises on which the sign is located; or Activities not conducted on the premises on which the sign is located. 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 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. Section 3.110 F/oodburn Development Ordinance [WDO] Page 3.1-78 July 1. 2004 Projectin~ 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. Readerboard Sign, Electronic Changeable Copy: A permanent sign on which copy can be changed electronically by using patterns of lights that may be changed at intervals not exceeding one change in copy or display, or intensity or color of lighting in any 60 second period. Readerboard Sign, Mechanical Changeable Copy: A permanent sign on which copy can be changed manually in the field. Roof sign: Any sign erected upon or extending above or over the cave 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. Subdivision Sign: A sign located on land in a recorded subdivision containing 10 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 and/or vertical loads as determined by the City of Woodbum 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. Section 3.110 I~'oodburn Development Ordinance [WDO} Page 3.1-79 July 1, 2004 Sign Maintenance: Normal care needed to keep a sign functional such as painting, cleaning, oiling, and changing light bulbs. 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. Street Frontage: The portion of a site that abuts a public street. 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 ordinary maintenance or repair, repainting an existing sign surface, including changes of message or image, exchanging painted and pasted or glued materials on painted wall signs, or exchanging display panels of a sign through release and closing of clips or other brackets. Vision Clearance Area: See Section 3.103.10. 3.110.04 Sign Permit Required A sign permit is required to erect, replace, construct, relocate, or alter a sign, unless such sign or action is exempt under Section 3.110.11. The Director shall issue a sign permit if the applicant files an application, filing fee, and plans which demonstrate full compliance with all provisions of Section 3.110 and other applicable city regulations. Sign maintenance, sign repair and 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 increased in size. A building permit shall be obtained for any signs where the sign installation is regulated under the Building Code. Do An electrical permit shall be obtained for all illuminated signs, subject to the provisions of the State Electrical Code. Section 3.110 Woodburn Development Ordinance [I~DO] Page 3.1-80 July 1. 2004 go The Director may require application for sign permits for any existing signage on the premises if no existing permits previously had been approved. 3.110.05 Sign Permit Approval Process A. Initiation of an Application. An application for a sign permit may only be initiated by the property owner or lessee with the authorization of the property owner. B. Application Form. An application for a sign permit shall be made on forms as prescribed by the Director. Such an application shall be filed with the Planning Department. The application shall be accompanied by any fees as specified by City Council resolution. A sign permit application shall include the following information: 1. Sign location Business name and business owner's name, address and phone number 3. Property owner's name, address, and phone number 4. Sign company name, address, and phone number 5. Contact person and phone number 6. Type of sign Illustration of the proposed sign(s), existing signs and location including the following items: ao Site plan and/or building elevation plans drawn to scale and dimensioned showing: 1) 2) 3) 4) 5) 6) Existing structures Driveways Streets and fight of ways Existing signs Proposed sign Existing property lines Section 3.110 Woodburn Development Ordinance [WDOJ Page 3.1-81 July 1, 2004 Proposed sign drawn to scale and dimensioned, showing (as applicable): 1) 2) 3) 4) 6) 7) 8) 9) Total height from the ground Width Depth Area of sign in square feet Size and style of letters Colors Type of illumination Materials Drawing of the sign on the building elevation with dimensions of the building wall Signatures of the property owner or lessee. If a lessee signs, property owner authorization shall be provided. Process. Permits for new signs or modification of existing signs shall be processed as follows: Signs subject to a sign permit, except signs listed under Section 3.110.0S.C.I.b below, shall be processed, using the procedures, standards, and application requirements, provided in Section 3.110. bo Pole signs and the placement of neon tubing on the exterior of a building shall be processed as a Type II land use application, using the application requirements of Section 5.102.02, except additional exhibits required under Section 5.102.02.B are limited to sign information required under Section 3.110.0S.B, and using the standards and design guidelines of Section 3.110 as approval criteria. A Type II sign application may be processed concurrently with a separate Type II or III development application. At~er a sign apphcation is received and deemed complete by the Director, the Director shall provide the applicant with a written decision granting or denying the application for a sign permit. For non-compliant applications, the decision shall explain the reasons why the application was denied. A decision to deny shall be mailed to the address on the application by regular mail. The Director's decision under Section 3.110.0S.C.l.a is final for purposes of appeal on the date that it is mailed or otherwise Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-82 July 1. 2004 provided to the applicant, whichever occurs first. The Director's decision is not appealable locally, and is the final decision of the City. A decision under Section 3.110.05.C.l.b may be appealed following the appeal procedure for a Type II application. 3.110.06 Expiration of Approval Sign permit approval shall expire 180 days from the date of approval if a building permit is not issued, if required, or substantial construction of the sign has not commenced if a building permit is not required. Signs that require the issuance of a building permit shall be constructed within the time period established by the building permit. Expiration of a Type II sign application approval shall comply with Section 4.102.03. 3.110.07 Inspections A. Construction Inspection. General requirements for the inspection of signs during and following construction shall be as follows: All construction work for which a permit is required shall be subject to an inspection by the Building Official in accordance with the Building Code and Section 3.110: ao A survey of the lot or parcel or proposed location for sign erection may be required by the Building Official to verify compliance of the structure with approved plans. Neither the Building Official nor the City of Woodbum shall be liable for expense or other obligations entailed in the removal or replacement of any material required to allow inspection. It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. o The applicant shall request a fmal inspection when all work is completed. This inspection shall cover all items required by the Building Official under State law or City ordinances such as the Section 3.110 Fgoodburn Development Ordinance [~FDO] Page 3.1-83 July 1, 2004 locations, landscaping if required, and general compliance with the approved plans and requirements of Section 3.110. B. Director's Inspection. The Director is authorized and directed to enforce all of the provisions of Section 3.110. All signs for which permits are required shall be inspected by the Director. Upon presentation of proper credentials, the Director may enter at reasonable times any building, structure, or premises in the City to perform any duty imposed upon the position by Section 3.110. 3.110.08 General Requirements Landscaping: Permanent freestanding signs shall be located in a planted landscaped area which is of a size equal to at least twice the sign area. The landscaped area shall be improved and maintained subject to the landscaping standards of Section 3.106. Bo Location: No portion of a freestanding sign shall be located less than five feet from any boundary property line. 3.110.09 Design Guidelines for Type II Sign Applications The following design guidelines shall be applicable to Type II sign applications: Each sign should be designed to be consistent with the architectural style of the main building or buildings upon the site., Signs located upon a site with only one main building should be designed to incorpoa:ate at least one of the predominately visual elements of the building, such as type of construction materials or color. Each sign located upon a site with more than one building, such as a complex or other nonresidential development, should be designed to incorporate at least one predominate visual design element common to all such buildings or a majority of the buildings. Co Multiple signs located within a single development, or complex should have a common design established through the use of similar sign colors and materials, sign supports, method of illumination, sign cabinet or other configuration of sign area, shape of sign and components, and letter style and size. Section 3.110 }Voodburn Development Ordinance [WDO] Page 3.1-84 Jury 1, 20o4 Sign colors and materials should be consistent with the color scheme and materials used in the development. The use of fluorescent colors or similar highly reflective materials should be discouraged. Supporting elements of pole signs should be covered consistent with subsection (D) above. The total width of pole covers should be at least 30 percent of the sign display width. Freestanding signs should appear to be a single unit and should not have separate or detached cabinets or readerboards that are not architecturally integrated into the primary sign display area. 3.110.10 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 in accordance with Section 3.110 or the Building Code. Signs and sign structures that are dangerous must be taken down and removed or made safe, as the Director deems necessary. 3.110.11 Exemptions. The following are exempt from application, permit and fee requirements of Section 3.110, but are subject to other applicable portions of Section 3.110 and the City Code and may require building and electrical permits: Window signs provided such signs shall not obscure more than 50 percent of the total window area of a building face. Flags provided that not more than two flags shall be permitted on a lot or parcel in any zone. The area of an individual flag shall not exceed 40 square feet. Flag mounts or poles shall not exceed 40 feet in height. Temporary freestanding signs in non-residential zones provided that not more than two such signs shall be permitted on a single tenant site or complex. The total area of such signs on a single tenant site or complex shall not exceed 24 square feet and the height shall not exceed eight feet. Such signs shall not be placed in the public fight of way or a vision clearance area. Wall signs on residential dwellings provided that not more than two such signs are permitted on a dwelling unit and the total area of all such signs shall not exceed three square feet. Section 3.110 }Foodburn Development Ordinance {F/DO] Page 3.1-85 July 1, 2004 Ge Additional Permanent Wall and Freestanding Signs. In addition to the wall and freestanding signs permitted under Sections 3.110.14 through 3.110.18, the following additional permanent wall and freestanding signs are permitted for all uses, except single and two family dwellings. The area of each such freestanding sign shall not exceed three square feet and a height of five feet. The area of each such wall sign shall not exceed three square feet. Not more than three such freestanding signs shall be permitted on a lot or parcel and not more than two such wall signs shall be placed on a building with a single tenant or on an individual tenant space in a multiple tenant building. A freestanding sign shall not be located within a required front yard setback or setback abutting a street. Menu boards in conjunction with a drive-thru service establishment. Not more than two menu boards shall be permitted for a drive-thru service establishment. Menu boards shall be located adjacent to the driveway leading to a drive through window and shall not exceed seven feet in height and eight feet in width. Lawn signs and A-frame signs in residential zones provided that not more than two such signs are located on a lot or parcel and the total area for all such signs does not exceed eight square feet. Such signs shall not exceed six feet in height and shall not be placed in the public right of way or vision clearance areas. 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 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. Signs required by federal, state, or city law on private property if the sign is no more than 32 square feet in area. Such signs include building addresses, handicap parking signs, designation of fire lanes, public hearing notices, and building inspection notices. Signs owned and maintained by federal or state agencies or the City of Woodbum. 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. Decorations and lights relating directly to federal, state, or city recognized events or holidays, provided that such decorations and lights shall be placed not more than 45 days before the holiday or event to which they Section 3.110 I~oodburn Development Ordinance [F/DO] Page 3.1-86 July I, 2004 pertain and shall be removed within 15 days of the passing of the holiday or event to which they pertain. Signs on phone booths and product dispensers, such as beverage, recycling, newspaper, gasoline, and propane machines provided the total area of signage on an individual unit does not exceed three square feet. N0 Directories for non-residential complexes with two or more buildings and multiple family residential complexes with four or more buildings. Directories shall be limited to a maximum of one per street access and shall be located a minimum of S0 feet from a street fight of way. Each directory shall be limited to a maximum area of 24 square feet. Freestanding directories shall be limited to a maximum height of eight feet. Oo Bench signs provided the total area of such signs on a bench does not exceed one square foot. 3.110.12 Prohibited signs The following signs and advertising devices are prohibited: Ao Any sign constructed, erected, replaced, relocated, altered, repaired, or maintained in a manner not in compliance with Section 3.110. A temporary sign not otherwise allowed under Section 3.110.13 or exempt under Section 3.110.11. C. Off-premises sign. D. A sign located on the roof of any building or structure. Eo A sign located in the vision clearance area established by Section 3.103.10. F. A sign located in the special setback area established by Section 3.103.05. Go A sign in public right of ways except awning, projecting, wall, and suspended signs projecting over a public fight of way in conformity with Section 3.110, or unless specifically exempt under Section 3.110.11. H. Internally illuminated awning sign. A changing image sign not otherwise allowed under Sections 3.110.13 th rough 3.110.18 or exempt under Section 3.110.11. Section 3.110 l~oodburn Development Ordinance [WDO] Page 3.1-87 July 1, 2004 Jo A permanent sign located on an undeveloped lot or parcel, except subdivision signs. K. A beacon light, searchlight, strobe light or a sign containing such lights. Neon tubing on the exterior of a building unless approved as part of a Type II sign application. 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. No An illuminated sign that produces glare. Glare may not directly, or indirectly fi:om reflection, cause illumination on other properties or right of way in excess of a measurement of 0.5-foot candles of light measured at the property line. Oo A sign required to have been issued a sign permit, but for which no sign permit has been issued. A sign with visible incandescent bulbs or fluorescent tubes or a sign with a visible direct source of illumination, except neon, and not otherwise allowed under Section 3.110.13 or exempt under Section 3.110.11. Q. A sign that is unsafe or constitutes a public nuisance. R. A sign that incorporates flames or emits sounds or odors. A sign supported in whole or in part by cables or guy wires or that has cables or guy wires extending to or fi:om it. T. Blimp. 3.110.13 Temporary Sign Permit Certain temporary signs that are not otherwise exempt under Section 3.110.11 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. Process. Temporary Sign Permits shall be processed using the procedures, criteria, and application requirements of Section 3.110.14. Section 3.110 }Foodburn Development Ordinance [WDO] Page 3.1-88 July I. 2004 Co After a Temporary Sign Permit application is received and deemed complete by the Director, the Director shall provide the applicant with a written decision granting or denying the application for a Temporary Sign Permit. For non-compliant applications, the decision shall explain the reasons why the application was denied. A decision to deny shall be mailed to the address on the application by regular mail. o The Director's decision under Section 3.110.14 is final for purposes of appeal on the date that it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision is not appealable locally, and is the final decision of the City. Application Requirements. An application for a Temporary Sign Permit shall be made on forms as prescribed by the Director. Such an application shall be filed with the Planning Department. The application shall be accompanied by any fees as specified by City Council resolution. The following information is required for submittal of a Temporary Sign Permit application: A completed Temporary Sign Permit application form. The application form shall include the following: 1. Address of location where sign(s) is to be placed. Business name; property owner or tenant name, mailing address, and phone number. 3. Contact person and phone number. 4. Type of signs and total area of signs in square feet. 5. Signatures of the applicant and property owner or tenant. Identification of the location where sign(s) is to be placed as a single tenant site, an individual tenant in a complex, a complex with less than 20 tenants, or a complex with 20 or more tenants. Criteria. The Director shall approve an application for a Temporary Sign Permit only if it complies with the following approval criteria: 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 Section 3.110 Yr'oodburn Development Ordinance [F/DO] Page 3.1-89 July 1, 2004 o sign types not specified above including other types of portable signs and blimps are not permitted with a Temporary Sign Permit. A Temporary Sign Permit shall not be granted for single and two family residential uses or for an individual tenant in a multiple family residential complex. An owner or tenant of an individual property, a tenant in a complex, and the owner of a complex may obtain Temporary Sign Permits. In a complex, a tenant shall be limited to placing only banners and flags on the exterior walls and windows of its tenant space. 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 allowed shall be as follows: ao A single tenant site or an individual tenant in a complex shall be permitted a maximum of four Temporary Sign Permits per calendar year. bo A complex consisting of less than 20 tenant spaces shall be permitted a maximum of four Temporary Sign Permits per calendar year, in addition to Temporary Sign Permits allowed for individual tenants. Co A complex consisting of 20 or more tenant spaces shall be permitted a maximum of six Temporary Sign Permits per calendar year, in addition to Temporary Sign Permits allowed for individual tenants. No temporary sign shall extend into or over public fight of way or vision clearance areas, as governed by Section 3.103.10. No temporary sign shall obstruct on-site pedestrian or vehicular access or circulation. The total area of all temporary signs permitted by a Temporary Sign Permit shall not exceed 100 square feet for an individual tenant in a complex, 200 square feet for a single tenant site or a complex with less than 20 tenant spaces, or 400 square feet for a complex consisting of 20 or more tenant spaces. Section 3.110 Woodburn Development Ordinance [WOO] Page 3.1-90 July I, 2004 3.110.14 Permitted Signs--Residential and Public/Semi-Public Land Use Districts (RS, RIS, RM, and P/SP) Signs in the RS, R_IS, RM and P/SP Districts shall be subject to the following provisions and all other applicable provisions of Section 3.110 and the WDO. A. Subdivision and Manufactured Home Park Signs. Signs located within a subdivision containing 10 lots or more or a manufactured home park containing 10 lease spaces or more shall be permitted subject to the following limitations: 1. Type. Monument Signs and signs attached to a freestanding wall are permitted. 2. Area of signs. Each sign shall not exceed 20 square feet in area. 3. Height of sign. a. Monument sign shall not exceed a height of five feet. b. Sign on freestanding wall shall not project above wall. 4. Number of signs. One sign is permitted on each side of each public street entry into the development. 5. Illumination. Only externally illuminated signs are permitted and such signs shall not cause glare. B. Multiple Family Dwelling Signs. Signs associated with multiple family developments containing four or more attached dwelling units shall be permitted subject to the following limitations: 1. Type of sign. Monument and wall signs are permitted. 2. Area of sign. a. Wall sign shall not exceed 20 square feet in area. b. Monument sign shall not exceed 20 square feet in area. 3. Height of sign. Monument sign shall not exceed a height of five feet. 4. Number of signs. Not more than one monument sign and one wall sign shall be permitted Section 3.110 ~Foodburn Development Ordinance [F/DO] Page 3.1-91 au~y t. 2004 Co 5. Illumination. Only externally illuminated signs are permitted and such signs shall not cause glare. Non-Residential Use Signs. Signs for non-residential uses shall be permitted subject to the following limitations: 1. Developed site containing less than three acres: a. Type of Sign. Monument, wall, and mechanical changeable copy readerboard signs are permitted. b. Area of sign. 1) Wall sign shall not exceed 20 square feet in area. 2) Monument sign shall not exceed 20 square feet in area including any readerboard sign. 3) Readerboard sign shall not exceed 12 square feet in area. c. Height of Sign. Monument sign shall not exceed five feet in height. d. Number of Signs. One monument sign and one wall sign shall be permitted. Readerboard sign may only comprise part of a monument sign and shall be included in the area calculation for a monument sign. e. Illumination. Only externally illuminated signs are permitted and such signs shall not cause glare. 2. Developed site containing three or more acres: a. Type of Sign. Monument, wall and mechanical changeable copy readerboard signs are permitted. b. Area of sign. 1) 2) 3) Wall sign shall not exceed 32 square feet in area. Monument sign not exceed 32 square feet in area including any readerboard sign. Readerboard sign shall not exceed 18 square feet in area. Section 3.110 F~oodburn Development Ordinance Page 3.1-92 July !, 2004 Height of Sign. Monument sign shall not exceed six feet in height. Number of Signs. One monument sign is permitted per public street frontage provided the total number of monument signs shall not exceed two signs. One wall sign is permitted on each building wall that fronts on a public street provided the total number of wall signs shall not exceed two signs. Readerboard signs may only comprise part of a monument sign and shall be included in the area calculation for a monument sign. eo Illumination. Only externally illuminated signs are permitted and such signs shall not cause glare. 3.110.15 Permitted Signs--Commercial Office District (CO) Signs in the CO District shall be subject to the following provisions and all other applicable provisions of Section 3.110 and the WDO. A. Developed site or complex containing less than three acres. 1. Type of signs. Monument and wall sign(s) are allowed. 2. Area of signs. Wall sign. No more than four percent of any building wall shall be covered by wall signs. Monument sign. Monument sign shall not exceed 20 square feet in area. o Height of monument sign. Monument sign shall not exceed a height of five feet. 4. Number of signs. Wall sign. Maximum of one sign per tenant. One additional sign is permitted to identify each building or complex. Monument sign. Maximum of one sign per street frontage not to exceed a total of two signs. o Illumination. Externally or internally illuminated signs are permitted and such signs shall not cause glare. Section 3.110 Igoodburn Development Ordinance [F/DO] Page 3.1-93 July 1, 2004 B. Developed site or complex containing three acres or more: 1. Type of signs. Monument and wall sign(s) are allowed. 2. Area of signs. Wall sign. No more than four percent of any building wall shall be covered by wall signs. Monument sign. Monument sign shall not exceed 32 square feet in area. Height of monument sign. Monument sign shall not exceed a height of six feet. 4. Number of signs. Wall sign. Maximum of one sign per tenant. One additional sign is permitted to identify each building or complex. Monument sign. Maximum of one sign per street frontage not to exceed a total of two signs. Illumination. Externally or internally illuminated signs are permitted and such signs shall not cause glare. 3.110.16 Permitted Signs---Commercial General District (CG) Signs in the CG District shall be subject to the following provisions and all other applicable provisions of Section 3.110 and the WDO. A. Pole Signs. 1. Single Tenant Site. A pole sign is permitted on a street frontage that exceeds 100 lineal feet not to exceed one pole sign on a single tenant site. A pole sign shall be permitted instead of a monument sign. bo A pole sign on a street with less than 300 lineal feet of frontage shall not exceed 12 feet in height and 32 square feet in area. Section 3.110 ~Foodburn Development Ordinance [F/DO] Page 3.1-94 July 1, 2004 Co A pole sign on a street with 300 lineal feet or more but less than 600 lineal feet of frontage shall not exceed 15 feet in height and 50 square feet in area. A pole sign on a street with 600 lineal feet or more of frontage shall not exceed 20 feet in height and 100 square feet in area. Bo 2. Complex. ao A pole sign is permitted on a street frontage that exceeds 100 lineal feet not to exceed one pole sign for a complex. A pole sign on a street with less than 300 lineal feet of frontage shall not exceed 15 feet in height and 50 square feet in area. A pole sign on a street with 300 lineal feet or more but less than 600 lineal feet of frontage shall not exceed 18 feet in height and 75 square feet in area. A pole sign on a street with 600 lineal feet or more of frontage shall not exceed 20 feet in height and 100 square feet in area. Monument Signs. One primary monument sign is permitted on a single tenant site or complex. If a pole sign is placed on a single tenant site or complex, a primary monument sign is not permitted. In a complex, secondary monument signs are permitted at a ratio of one monument sign for each 300 lineal feet of street frontage on the same street not to exceed two secondary monument signs on a single street frontage and not to exceed a total of four secondary monument signs on a complex. o Monument signs on a street frontage with less than 300 lineal feet of frontage shall not exceed six feet in height and 32 square feet in area. Monument signs on a street frontage with 300 lineal feet or more of frontage shall not exceed eight feet in height and 50 square feet in area. C. Wall Signs. Section 3.110 }Foodburn Development Ordinance {WDO] Page 3.1-95 July 1, 2004 Do Eo Fo Wall signs are permitted on a primary building frontage. Such signs shall not cover more than six percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 200 square feet. However, a minimum sign area of 20 square feet shall be permitted for each single tenant building or tenant in a multiple tenant building. Only one building wall shall be designated as the primary building frontage. Wall signs are permitted on secondary building frontages. Such signs shall not cover more than three percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 100 square feet. However, a minimum sign area of 16 square feet is allowed for each single tenant building or tenant in a multiple tenant building. Wall signs are permitted on canopies. Such signs shall be limited to no more than two sides of the canopy and shall not cover more than 15 percent of a canopy face or 50 square feet, whichever is less. Readerboards. Mechanical and electronic changeable copy readerboards are permitted. Readerboards are permitted on pole and monument signs only. Readerboards shall be integrated into the overall sign to appear as a single unit and shall not comprise more than 50 percent of the total sign display surface. Awning and Marquee Signs. Signs on awnings and marquees are permitted as wall signs, except that internally illuminated awning signs are prohibited. Signs on awnings and marquees shall not extend above or below the awning or marquee. Projecting Signs. One projecting sign is permitted on a single tenant site or complex. However, no projecting sign shall be permitted on a single tenant site or complex where there is a pole or monument sign. Projecting signs shall not exceed an area of 24 square feet and shall be located a minimum of eight feet above the ground. Such signs shall not project more than six feet from a building wall. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-96 July 1, 2oo4 G. Suspended Signs. One suspended sign is permitted for each entrance to a building or tenant space. Such sign shall not exceed an area of six square feet and shall be located a minimum of eight feet above the ground. Such sign shall not project past the outer edge of the roof structure. H. General Standards. Pole and monument signs within the same complex shall be located a minimum of 100 feet apart. Pole signs shall be subject to approval of a Type II application pursuant to Section 3.110.05.C.l.b. Illumination: Externally or internally illuminated signs are permitted and such signs shall not cause glare. 3.110.17 Permitted Signs--Downtown Development and Conservation District (DDC) Signs in the DDC District shall be subject to the following provisions and all other applicable provisions of Section 3.110 and the W'DO. A. Monument Signs. 1. A monument sign is permitted on a single tenant site or complex. A monument sign shall not exceed five feet in height and 20 square feet in area. B. Wall Signs. Wall signs are permitted on a primary building frontage. Such signs shall not cover more than four percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 50 square feet. However, a minimum sign area of 16 square feet shall be permitted for each single tenant building or tenant in a multiple tenant building. Only one building wall shall be designated as the primary building frontage. Wall signs are permitted on secondary building frontages. Such signs shall not cover more than two percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 30 square Section 3.110 ffZoodburn Development Ordinance [F/DO] Page 3.1-97 July I, 2004 feet. However, a minimum sign area of 12 square feet is allowed for each single tenant building or tenant in a multiple tenant building. C. Readerboards. Mechanical and electronic changeable copy readerboards are permitted. Readerboards are permitted on monument signs only. Readerboards shall be integrated into the overall sign to appear as a single unit and shall not comprise more than 50 percent of the total sign display surface. D. Awning and Marquee Signs. Signs on awnings and marquees are permitted as wall signs, except that internally illuminated awning signs are prohibited. Signs on awnings and marquees shall not extend above or below the awning or marquee. E. Projecting Signs. One projecting sign is permitted on a single tenant site or complex for each street or alley frontage. However, no projecting sign shall be permitted on a single tenant site or complex where there is a monument sign on the same street frontage. Projecting signs shall not exceed an area of 12 square feet and shall be located a minimum of eight feet above the ground. Such signs shall not project more than four feet from a building wall. F. Suspended Signs. One suspended sign is permitted for each entrance to a building or tenant space. Such sign shall not exceed an area of six square feet and shall be located a minimum of eight feet above the ground. Such sign shall not project past the outer edge of the roof structure. G. General Standards. Projecting signs shall be subject to approval of a Type II application pursuant to Section 3.110.05.C.l.b. Illumination: Externally or internally illuminated signs are permitted and such signs shall not cause glare. 3.110.18 Permitted Signs---Industrial Districts (IP and IL) Signs in the IP and IL Districts shall be subject to the following provisions and all other applicable provisions of Section 3.110 and the WDO. Section 3.110 lFoodburn Development Ordinance [F/DO] Page 3.1-98 Jury/. ~oo4 A. Monument Signs. Be One monument sign is permitted on a single tenant site or complex. In a complex, one additional monument sign is permitted if the complex has at least two street frontages that each exceed 300 lineal feet. Monument signs on a street frontage with less than 300 lineal feet of frontage shall not exceed six feet in height and 32 square feet in area. Monument signs on a street fi:ontage with 300 lineal feet or more of frontage shall not exceed eight feet in height and 50 square feet in area. Wall Signs. Wall signs are permitted on a primary building frontage. Such signs shall not cover more than four percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 150 square feet. However, a minimum sign area of 16 square feet shall be permitted for each single tenant building or tenant in a multiple tenant building. Only one building wall shall be designated as the primary building frontage. Wall signs are permitted on secondary building frontages. Such signs shall not cover more than two percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 75 square feet. However, a minimum sign area of 12 square feet is allowed for each single tenant building or tenant in a multiple tenant building. Rcaderboards. Mechanical and electronic changeable copy readerboards are permitted. Readerboards are permitted on monument signs only. Readerboards shall be integrated into the overall sign to appear as a single unit and shall not comprise more than 50 percent of the total sign display surface. Awning and Marquee Signs. Section 3.110 Woodburn Development Ordinance [~FDO] Page 3.1-99 July 1. 2004 Signs on awnings and marquees are permitted as wall signs, except that internally illuminated awning signs are prohibited. Signs on awnings and marquees shall not extend above or below the awning or marquee. E. Projecting Signs. One projecting sign is permitted on a single tenant site or complex. However, no projecting sign shall be permitted on a single tenant site or complex where there is a monument sign. Projecting signs shall not exceed an area of 20 square feet and shall be located a minimum of eight feet above the ground. Such signs shall not project more than four feet from a building wall. F. Suspended Signs. One suspended sign is permitted for each entrance to a building or tenant space. Such sign shall not exceed an area of six square feet and shall be located a minimum of eight feet above the ground. Such sign shall not project past the outer edge of the roof structure. G. General Standards. Monument signs within the same complex shall be located a minimum of 100 feet apart. Illumination. Externally or internally illuminated signs are permitted and such signs shall not cause glare. 3.110.19 Variances A variance may be granted from any regulation of Section 3.110 in accordance with the provisions of Section 5.103.11. 3.110.20 Nonconforming Signs Nonconforming signs are those signs lawfully established prior to the adoption of Section 3.110 or subsequent amendment thereto or signs lawfully established on property annexed to the City, which do not conform to the requirements of Section 3.110. Nonconforming permanent signs may remain provided they comply with the provisions of Section 3.110.20. However, nonconforming temporary signs and off-premises signs that have not been permitted by a variance shall comply with the provisions of Section 3.110. Bo Nonconforming permanent signs shall comply with the provisions of Section 3.110 when one or more of the following occurs: Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-100 July 1, 2004 A nonconforming sign is expanded, relocated, replaced or structurally altered. 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. 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. A Type II Design Review or Type III Conditional Use or 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 Type II Design Review or Type III Conditional Use or Design Review land use application, only signs attached to such tenant space shall be required to comply with the provisions of Section 3.110. 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. A sign permit for a conforming sign(s) is issued for the premises upon which a nonconforming sign is located. In such case, all nonconforming signs on the same premises, except signs attached to individual tenant spaces in a complex, shall comply with Section 3.110 prior to installation of the new sign(s). In a complex, if a sign permit for a conforming sign(s) is issued for an individual tenant space upon which a nonconforming sign is attached, only signs attached to such tenant space shall be required to comply with the provisions of Section 3.110. 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. 3.110.21 Enforcement. The violation of any provision of Section 3.110 is subject to the enforcement provisions contained in Section 4.102.11. Section 3.110 [goodburn Development Ordinance {WDO] Page 3.1-101 July 1, 2004 3.110 Signs Exhibit "A" Alternative No. 3 3.110.01 Purpose These regulations balance the need to protect the public safety and welfare, the need for a well maintained and attractive community, and the need for adequate identification, communication and advertising. The regulations for signs have the following specific objectives: Ao To ensure that signs are designed, constructed, installed and maintained according to minimum standards to safeguard life, health, property and public welfare; To allow and promote positive conditions for sign communication while at the same time avoiding nuisances to nearby properties; Co To reflect and support the desired character and development patterns of the various zones, overlay zones, and plan districts and promote an attractive environment; Do To allow for adequate and effective signs in commercial and industrial zones while preventing signs from dominating the appearance of the area; E. To improve pedestrian and traffic safety; and Fo To ensure that the constitutionally guaranteed fight of free speech is protected. 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 and rights-of-way that abut a site, but not necessarily to streets and rights-of-way farther away. 3.110.02 Applicability Section 3.110 states the standards for the number, size, placement, and physical characteristics of signs. This section applies to signs in all zoning districts within the City of Woodburn. Other regulations in the City Code may also apply to signs. No sign shall be placed or constructed on any property within the City of Woodburn that is not in compliance with Section 3.110 or other applicable provisions of the WDO. Proposals for signs where the code is silent, or where the rules of Section 3.110 do not provide a basis for concluding that the sign is allowed, are prohibited. Section 3.110 ~Foodburn Development Ordinance [F/DO] Page 3.1-74 July 1, 2004 3.110.03 Definitions Words used in Section 3.110 shall have their normal dictionary meaning unless they are listed in Section 3.110.03 below or in Section 1.102. Words listed in Section 3.110.03 have the specific meaning stated or referenced, unless the context clearly indicates another meaning. Area of sign: Sign area is measured by drawing no more than four straight lines around and enclosing each cabinet or sign display surface; these shall be summed and then totaled to determine total area. No more than three cabinets or sign display surfaces or any combination thereof may be used to calculate the total sign area on any freestanding sign or for each tenant's signage on a building wall. The measurable area shall not include embellishments such as pole covers, decorative roofing, foundation or supports provided there is no written advertising copy, symbols or logos on such embellishments. The area of a sign shall include any symbol, material, lighting, or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. Sign area includes only one side of a multi-sided sign, regardless of the presence of sign copy on both or all sides. Where a sign is of a three dimensional, round or irregular solid shape, the largest cross section shall be used in a flat projection for the purpose of determining sign area. The areas of all signs in existence at the time of enactment of this ordinance, whether conforming or nonconforming, shall be counted in determining permitted sign area. 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. Boundaries of the Site: The area inside the legal lot lines of a site and does not include any property in the public right of way. Building Code: The most current edition of the Oregon State Structural Specialty Code. Building Frontage: Building elevations that front on a public street, alley or parking lot. Building frontage shall be measured as the length of a straight line extending horizontally between the exterior building walls of a single tenant building or the midpoint of the separation walls between individual tenant spaces in a complex. Section 3.110 Igoodburn Development Ordinance [YYDO] Page 3.1-75 July 1, 2004 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. Director: Woodburn Director of Community Development or his/her designated representative. Display Surface: The area made available by the sign structure for the purpose of displaying a message. The display surface includes the area of the message and the background. Eave: The overhanging lower edge of a roof. Glare: Illumination of a sign that either directly, or indirectly from reflection, causes illumination on other properties or fight 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. 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. Property Owner or Lessee: An individual, corporation, partnership, or other legal entity shown on county records as the owner or contract purchaser of the property, or is named as the lessee in a lease agreement regarding the property. Sign: Materials placed or constructed, or light projected, that conveys a message or image or is used to inform or attract the attention of the public. Some examples of 'signs' are materials or lights meeting the definition of the preceding sentence and which are commonly referred to as signs, placards, A-boards, posters, billboards, murals, diagrams, banners, 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: Section 3.110 I~oodburn Development Ordinance [WDO] Page 3.1-76 July !, 2004 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. Awning Sign: A sign attached to or incorporated into an awning or an awning that is internally illuminated. Balloon: An inflatable device less than 36 inches in diameter 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 diameter and anchored by some means to a structure or the ground. Chan~in~ Image Sign: Any sign, display, device, or portions thereof which is designed to have the capability of movement or give the semblance of movement of the whole or any part of the sign or that displays any artificial light which is not maintained stationary or constant in intensity and color at all times when such signs are in use or through some other automated method, results in movement, the appearance of movement or change of sign image or text. Such signs include but are not limited to electronic signs including LED, LCD, video or other automatic changeable display, rotating and revolving signs, readerboard signs, flashing signs, and wind driven signs including flags, pennants, and streamers. Directory_: A sign located in a complex that lists tenants and corresponding addresses located within the complex. 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 comers. 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 at intervals of more than once in any 60 second period. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-77 July i, 2004 Freestanding Sign: A sign wholly supported by a sign structure in the ground (e.g., monument signs, pole signs). Historical Marker: A plaque or sign erected and maintained on property, a building, or structure by an organization that is recognized for routinely identifying sites, buildings, or structures of historical value. 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 lightweight materials such as cardboard or vinyl that is supported by a frame, pole, or other support structure placed directly in the ground without foundation or other anchor. Menu Board: A sign placed adjacent to a designated drive-thru lane of a drive-thru service establishment. Monument Sign: A low profile 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. Off-Premises Sign: A sign designed, intended or used to advertise, inform or attract the attention of the public as to: ao bo co Goods, products or services which are not sold, manufactured or distributed on or fi'om the premises on which the sign is located; Facilities not located on the premises on which the sign is located; or Activities not conducted on the premises on which the sign is located. 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 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. Section 3.110 I~oodburn Development Ordinance [WDO] Page 3.1-78 July 1, 2004 Projecting Si~n: 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 fight angles to the building. Readerboard Sign, Electronic Changeable Copy: A permanent sign on which copy can be changed electronically by using patterns of lights that may be changed at intervals not exceeding one change in copy or display, or intensity or color of lighting in any 60 second period. Readerboard Sign, Mechanical Changeable Copy: A permanent sign on which copy can be changed manually in the field. Roof sign: Any sign erected upon or extending above or over the cave 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. Subdivision Sign: A sign located on land in a recorded subdivision containing 10 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 and/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. Section 3.110 Woodburn Development Ordinance [IgDO] Page 3.1-79 July 1, 2004 Sign Maintenance: Normal care needed to keep a sign functional such as painting, cleaning, oiling, and changing light bulbs. Does not include an alteration to the sign. Sign Repair: Fixing or replacement of broken or wom 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. Street Frontage: The portion ora site that abuts a public street. 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 ordinary maintenance or repair, repainting an existing sign surface, including changes of message or image, exchanging painted and pasted or glued materials on painted wall signs, or exchanging display panels of a sign through release and closing of clips or other brackets. Vision Clearance Area: See Section 3.103.10. 3.110.04 Sign Permit Required A sign permit is required to erect, replace, construct, relocate, or alter a sign, unless such sign or action is exempt under Section 3.110.11. The Director shall issue a sign permit if the applicant files an application, filing fee, and plans which demonstrate full compliance with all provisions of Section 3.110 and other applicable city regulations. Sign maintenance, sign repair and 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 increased in size. Co A building permit shall be obtained for any signs where the sign installation is regulated under the Building Code. An electrical permit shall be obtained for all illuminated signs, subject to the provisions of the State Electrical Code. Section 3.110 }Foodburn Development Ordinance [F, rDO] Page 3.1-80 Ju~ 1, 2004 Eo The Director may require application for sign permits for any existing signage on the premises if no existing permits previously had been approved. 3.110.05 Sign Permit Approval Process A. Initiation of an Application. An application for a sign permit may only be initiated by the property owner or lessee with the authorization of the property owner. B. Application Form. An application for a sign permit shall be made on forms as prescribed by the Director. Such an application shall be filed with the Planning Department. The application shall be accompanied by any fees as specified by City Council resolution. A sign permit application shall include the following information: 1. Sign location Business name and business owner's name, address and phone number 3. Property owner's name, address, and phone number 4. Sign company name, address, and phone number 5. Contact person and phone number 6. Type of sign Illustration of the proposed sign(s), existing signs and location including the following items: ao Site plan and/or building elevation plans drawn to scale and dimensioned showing: 1) Existing structures 2) Driveways 3) Streets and fight of ways 4) Existing signs 5) Proposed sign 6) Existing property lines Section 3.110 P/oodburn Development Ordinance [P/DO] Page 3.1-81 ./uly /. 2oo4 Proposed sign drawn to scale and dimensioned, showing (as applicable): 1) 2) 3) 4) s) 6) 7) 8) 9) Total height from the ground Width Depth Area of sign in square feet Size and style of letters Colors Type of illumination Materials Drawing of the sign on the building elevation with dimensions of the building wall o Signatures of the property owner or lessee. If a lessee signs, property owner authorization shall be provided. Process. Permits for new signs or modification of existing signs shall be processed as follows: ao Signs subject to a sign permit, except signs listed under Section 3.110.05.C.l.b below, shall be processed, using the procedures, standards, and application requirements, provided in Section 3.110. bo Pole signs and the placement of neon tubing on the exterior of a building shall be processed as a Type II land use application, using the application requirements of Section 5.102.02, except additional exhibits required under Section 5.102.02.B are limited to sign information required under Section 3.110.05.B, and using the standards and design guidelines of Section 3.110 as approval criteria. A Type II sign application may be processed concurrently with a separate Type II or III development application. After a sign application is received and deemed complete by the Director, the Director shall provide the applicant with a written decision granting or denying the application for a sign permit. For non-compliant applications, the decision shall explain the reasons why the application was denied. A decision to deny shall be mailed to the address on the application by regular mail. The Director's decision under Section 3.110.05.C.l.a is final for purposes of appeal on the date that it is mailed or otherwise Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-82 July 1, 2004 provided to the applicant, whichever occurs first. The Director's decision is not appealable locally, and is the final decision of the City. A decision under Section 3.110.05.C.1.b may be appealed following the appeal procedure for a Type II application. 3.110.06 Expiration of Approval Sign permit approval shall expire 180 days fi.om the date of approval if a building permit is not issued, if required, or substantial construction of the sign has not commenced if a building permit is not required. Signs that require the issuance of a building permit shall be constructed within the time period established by the building permit. Expiration of a Type II sign application approval shall comply with Section 4.102.03. 3.110.07 Inspections A. Construction Inspection. General requirements for the inspection of signs during and following construction shall be as follows: All construction work for which a permit is required shall be subject to an inspection by the Building Official in accordance with the Building Code and Section 3.110: ao A survey of the lot or parcel or proposed location for sign erection may be required by the Building Official to verify compliance of the structure with approved plans. bo Neither the Building Official nor the City of Woodbum shall be liable for expense or other obligations entailed in the removal or replacement of any material required to allow inspection. It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. The applicant shall request a final inspection when all work is completed. This inspection shall cover all items required by the Building Official under State law or City ordinances such as the Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-83 July 1, 2004 locations, landscaping if required, and general compliance with the approved plans and requirements of Section 3.110. B. Director's Inspection. The Director is authorized and directed to enforce all of the provisions of Section 3.110. All signs for which permits are required shall be inspected by the Director. Upon presentation of proper credentials, the Director may enter at reasonable times any building, structure, or premises in the City to perform any duty imposed upon the position by Section 3.110. 3.110.08 General Requirements Landscaping: Permanent freestanding signs shall be located in a planted landscaped area which is of a size equal to at least twice the sign area. The landscaped area shall be improved and maintained subject to the landscaping standards of Section 3.106. Location: No portion of a freestanding sign shall be located less than five feet from any boundary property line. 3.110.09 Design Guidelines for Type II Sign Applications The following design guidelines shall be applicable to Type II sign applications: Each sign should be designed to be consistent with the architectural style of the main building or buildings upon the site. Signs located upon a site with only one main building should be designed to incorporate at least one of the predominately visual elements of the building, such as type of construction materials or color. Each sign located upon a site with more than one building, such as a complex or other nonresidential development, should be designed to incorporate at least one predominate visual design element common to all such buildings or a majority of the buildings. Multiple signs located within a single development, or complex should have a common design established through the use of similar sign colors and materials, sign supports, method of illumination, sign cabinet or other configuration of sign area, shape of sign and components, and letter style and size. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-84 July 1, 2004 Do Sign colors and materials should be consistent with the color scheme and materials used in the development. The use of fluorescent colors or similar highly reflective materials should be discouraged. Eo Supporting elements of pole signs should be covered consistent with subsection (D) above. The total width of pole covers should be at least 30 percent of the sign display width. Freestanding signs should appear to be a single unit and should not have separate or detached cabinets or readerboards that are not architecturally integrated into the primary sign display area. 3.110.10 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 in accordance with Section 3.110 or the Building Code. Signs and sign structures that are dangerous must be taken down and removed or made safe, as the Director deems necessary. 3.110.11 Exemptions. The following are exempt from application, permit and fee requirements of Section 3.110, but are subject to other applicable portions of Section 3.110 and the City Code and may require building and electrical permits: Ao Window signs provided such signs shall not obscure more than 50 percent of the total window area of a building face. Bo Flags provided that not more than two flags shall be permitted on a lot or parcel in any zone. The area of an individual flag shall not exceed 40 square feet. Flag mounts or poles shall not exceed 40 feet in height. Co Temporary freestanding signs in non-residential zones provided that not more than two such signs shall be permitted on a single tenant site or complex. The total area of such signs on a single tenant site or complex shall not exceed 24 square feet and the height shall not exceed eight feet. Such signs shall not be placed in the public fight of way or a vision clearance area. Do Wall signs on residential dwellings provided that not more than two such signs are permitted on a dwelling unit and the total area of all such signs shall not exceed three square feet. Section 3.110 ~goodburn Development Ordinance [WDO] Page 3.1-85 July 1, 2004 Additional Permanent Wall and Freestanding Signs. In addition to the wall and freestanding signs permitted under Sections 3.110.14 through 3.110.18, the following additional permanent wall and freestanding signs are permitted for all uses, except single and two family dwellings. The area of each such freestanding sign shall not exceed three square feet and a height of five feet. The area of each such wall sign shall not exceed three square feet. Not more than three such freestanding signs shall be permitted on a lot or parcel and not more than two such wall signs shall be placed on a building with a single tenant or on an individual tenant space in a multiple tenant building. A freestanding sign shall not be located within a required front yard setback or setback abutting a street. Fo Menu boards in conjunction with a drive-thru service establishment. Not more than two menu boards shall be permitted for a drive-thru service establishment. Menu boards shall be located adjacent to the driveway leading to a drive through window and shall not exceed seven feet in height and eight feet in width. Go Lawn. signs and A-frame signs in residential zones provided that not more than two such signs are located on a lot or parcel and the total area for all such signs does not exceed eight square feet. Such signs shall not exceed six feet in height and shall not be placed in the public right of way or vision clearance areas. 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 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. Signs required by federal, state, or city law on private property if the sign is no more than 32 square feet in area. Such signs include building addresses, handicap parking signs, designation of fire lanes, public hearing notices, and building inspection notices. Jo Signs owned and maintained by federal or state agencies or the City of Woodbum. Ko 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. Decorations and lights relating directly to federal, state, or city recognized events or holidays, provided that such decorations and lights shall be placed not more than 45 days before the holiday or event to which they Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-86 duty L 2004 pertain and shall be removed within 15 days of the passing of the holiday or event to which they pertain. Mo Signs on phone booths and product dispensers, such as beverage, recycling, newspaper, gasoline, and propane machines provided the total area of signage on an individual unit does not exceed three square feet. No Directories for non-residential complexes with two or more buildings and multiple family residential complexes with four or more buildings. Directories shall be limited to a maximum of one per street access and shall be located a minimum of S0 feet fi.om a street fight of way. Each directory shall be limited to a maximum area of 24 square feet. Freestanding directories shall be limited to a maximum height of eight feet. Oo Bench signs provided the total area of such signs on a bench does not exceed one square foot. 3.110.12 Prohibited signs The following signs and advertising devices are prohibited: mo Any sign constructed, erected, replaced, relocated, altered, repaired, or maintained in a manner not in compliance with Section 3.110. A temporary sign not otherwise allowed under Section 3.110.13 or exempt under Section 3.110.11. C. Off-premises sign. D. A sign located on the roof of any building or structure. Eo A sign located in the vision clearance area established by Section 3.103.10. F. A sign located in the special setback area established by Section 3.103.05. A sign in public right of ways except awning, projecting, wall, and suspended signs projecting over a public right of way in conformity with Section 3.110, or unless specifically exempt under Section 3.110.11. H. Internally illuminated awning sign. A changing image sign not otherwise allowed under Sections 3.110.13 through 3.110.18 or exempt under Section 3.110.11. Section 3.110 I~/oodburn Development Ordinance Page 3.1-87 July I, 2004 Jo A permanent sign located on an undeveloped lot or parcel, except subdivision signs. K. A beacon light, searchlight, strobe light or a sign containing such lights. Lo Neon tubing on the exterior of a building unless approved as part of a Type II sign application. Mo 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. Ne An illuminated sign that produces glare. Glare may not directly, or indirectly from reflection, cause illumination on other properties or right of way in excess of a measurement of 0.5-foot candles of light measured at the property line. A sign required to have been issued a sign permit, but for which no sign permit has been issued. A sign with visible incandescent bulbs or fluorescent tubes or a sign with a visible direct source of illumination, except neon, and not otherwise allowed under Section 3.110.13 or exempt under Section 3.110.11. Q. A sign that is unsafe or constitutes a public nuisance. R. A sign that incorporates flames or emits sounds or odors. So A sign supported in whole or in part by cables or guy wires or that has cables or guy wires extending to or from it. T. Blimp. 3.110.13 Temporary Sign Permit Ao Certain temporary signs that are not otherwise exempt under Section 3.110.11 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. Process. Temporary Sign Permits shall be processed using the procedures, criteria, and application requirements of Section 3.110.14. Section 3.110 g/oodburn Development Ordinance [P/DO] Page 3.1-88 July I, 2004 Co Atter a Temporary Sign Permit application is received and deemed complete by the Director, the Director shall provide the applicant with a written decision granting or denying the application for a Temporary Sign Permit. For non-compliant applications, the decision shall explain the reasons why the application was denied. A decision to deny shall be mailed to the address on the application by regular mail. The Director's decision under Section 3.110.14 is final for purposes of appeal on the date that it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision is not appealable locally, and is the final decision of the City. Application Requirements. An application for a Temporary Sign Permit shall be made on forms as prescribed by the Director. Such an application shall be filed with the Planning Department. The application shall be accompanied by any fees as specified by City Council resolution. The following information is required for submittal of a Temporary Sign Permit application: A completed Temporary Sign Permit application form. The application form shall include the following: 1. Address of location where sign(s) is to be placed. Business name; property owner or tenant name, mailing address, and phone number. 3. Contact person and phone number. 4. Type of signs and total area of signs in square feet. 5. Signatures of the applicant and property owner or tenant. o Identification of the location where sign(s) is to be placed as a single tenant site, an individual tenant in a complex, a complex with less than 20 tenants, or a complex with 20 or more tenants. Criteria. The Director shall approve an application for a Temporary Sign Permit only if it complies with the following approval criteria: 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 Section 3.110 I~oodburn Development Ordinance [I4rDO] Page 3.1-89 July 1. 2004 sign types not specified above including other types of portable signs and blimps are not permitted with a Temporary Sign Permit. A Temporary Sign Permit shall not be granted for single and two family residential uses or for an individual tenant in a multiple family residential complex. An owner or tenant of an individual property, a tenant in a complex, and the owner of a complex may obtain Temporary Sign Permits. In a complex, a tenant shall be limited to placing only banners and flags on the exterior walls and windows of its tenant space. Temporary Sign Permits shall be limited to a specified number of 15-day periods per calendar year. Said periods may mn consecutively; however, unused days fi.om one period shall not be added to another period. The number of Temporary Sign Permits allowed shall be as follows: A single tenant site or an individual tenant in a complex shall be permitted a maximum of four Temporary Sign Pemfits per calendar year. bo A complex consisting of less than 20 tenant spaces shall be permitted a maximum of four Temporary Sign Permits per calendar year, in addition to Temporary Sign Permits allowed for individual tenants. A complex consisting of 20 or more tenant spaces shall be permitted a maximum of six Temporary Sign Permits per calendar year, in addition to Temporary Sign Permits allowed for individual tenants. No temporary sign shall extend into or over public fight of way or vision clearance areas, as governed by Section 3.103.10. No temporary sign shall obstruct on-site pedestrian or vehicular access or circulation. The total area of all temporary signs permitted by a Temporary Sign Permit shall not exceed 100 square feet for an individual tenant in a complex, 200 square feet for a single tenant site or a complex with less than 20 tenant spaces, or 400 square feet for a complex consisting of 20 or more tenant spaces. Section 3.110 Woodburn Development Ordinance [tFDO] Page 3.1-90 July I. 2004 Permitted Signs~Residential and Public/Semi-Public Land Use Districts (RS, RIS, RM, and P/SP) Signs in the RS, RIS, RM and P/SP Districts shall be subject to the following provisions and all other applicable provisions of Section 3.110 and the WDO. Subdivision and Manufactured Home Park Signs. Signs located within a subdivision containing 10 lots or more or a manufactured home park containing 10 lease spaces or more shall be permitted subject to the following limitations: 3.110.14 Bo Type. Monument signs and signs attached to a freestanding wall are permitted. Area of signs. Each sign shall not exceed 20 square feet in area. Height of sign. Monument sign shall not exceed a height of five feet. Sign on freestanding wall shall not project above wall. 4. Number of signs. One sign is permitted on each side of each public street entry into the development. 5. Illumination. Only externally illuminated signs are permitted and such signs shall not cause glare. Multiple Family Dwelling Signs. Signs associated with multiple family developments containing four or more attached dwelling units shall be permitted subject to the following limitations: 1. Type of sign. Monument and wall signs are permitted. 2. Area of sign. a. Wall sign shall not exceed 20 square feet in area. b. Monument sign shall not exceed 20 square feet in area. 3. Height of sign. Monument sign shall not exceed a height of five feet. 4. Number of signs. Not more than one monument sign and one wall sign shall be permitted Section 3.110 F/oodburn Development Ordinance [F/DO] Page 3.1-91 July I, 2004 Co 5. Illumination. Only extemally illuminated signs are permitted and such signs shall not cause glare. Non-Residential Use Signs. Signs for non-residential uses shall be permitted subject to the following limitations: 1. Developed site containing less than three acres: a. Type of Sign. Monument, wall, and mechanical changeable copy readerboard signs are permitted. b. Area of sign. 1) Wall sign shall not exceed 20 square feet in area. 2) Monument sign shall not exceed 20 square feet in area including any readerboard sign. 3) Readerboard sign shall not exceed 12 square feet in area. c. Height of Sign. Monument sign shall not exceed five feet in height. d. Number of Signs. One monument sign and one wall sign shall be permitted. Readerboard sign may only comprise part of a monument sign and shall be included in the area calculation for a monument sign. e. Illumination. Only externally illuminated signs are permitted and such signs shall not cause glare. 2. Developed site containing three or more acres: a. Type of Sign. Monument, wall and mechanical changeable copy readerboard signs are permitted. b. Area of sign. 1) 2) 3) Wall sign shall not exceed 32 square feet in area. Monument sign not exceed 32 square feet in area including any readerboard sign. Readerboard sign shall not exceed 18 square feet in area. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-92 July !, 2004 Height of Sign. Monument sign shall not exceed six feet in height. do Number of Signs. One monument sign is permitted per public street frontage provided the total number of monument signs shall not exceed two signs. One wall sign is permitted on each building wall that fronts on a public street provided the total number of wall signs shall not exceed two signs. Readerboard signs may only comprise part of a monument sign and shall be included in the area calculation for a monument sign. eo Illumination. Only externally illuminated signs are permitted and such signs shall not cause glare. 3.110.15 Permitted Sign: Commercial Office District (CO) Signs in the CO District shall be subject to the following provisions and all other applicable provisions of Section 3.110 and the WDO. A. Developed site or complex containing less than three acres. 1. Type of signs. Monument and wall sign(s) are allowed. 2. Area of signs. Wall sign. No more than four percent of any building wall shall be covered by wall signs. bo Monument sign. Monument sign shall not exceed 20 square feet in area. Height of monument sign. Monument sign shall not exceed a height of five feet. 4. Number of signs. Wall sign. Maximum of one sign per tenant. One additional sign is permitted to identify each building or complex. Monument sign. Maximum of one sign per street frontage not to exceed a total of two signs. Illumination. Externally or internally illuminated signs are permitted and such signs shall not cause glare. Section 3.110 F/oodburn Development Ordinance [F/DO] Page 3.1-93 lute,/. 2oo4 B. Developed site or complex containing three acres or more: 1.Type of signs. Monument and wall sign(s) are allowed. 2. Area of signs. a. Wall sign. No more than four percent of any building wall shall be covered by wall signs. b. Monument sign. Monument sign shall not exceed 32 square feet in area. 3. Height of monument sign. Monument sign shall not exceed a height of six feet. 4. Number of signs. a. Wall sign. Maximum of one sign per tenant. One additional sign is permitted to identify each building or complex. b. Monument sign. Maximum of one sign per street frontage not to exceed a total of two signs. 5. Illumination. Externally or internally illuminated signs are permitted and such signs shall not cause glare. 3.110.16 Permitted Signs~Commereial General District (CG) Signs in the CG District shall be subject to the following provisions and all other applicable provisions of Section 3.110 and the WDO. Ao Pole Signs. 1. Single a. bo Tenant Site. A pole sign is permitted on a street frontage that exceeds 100 lineal feet not to exceed one pole sign on a single tenant site. A pole sign shall be permitted instead of a monument sign. A pole sign on a street with less than 300 lineal feet of frontage shall not exceed 12 feet in height and 32 square feet in area. Section 3.110 F/oodburn Development Ordinance [F/DO] Page 3.1-94 July 1, 2004 Bo Co A pole sign on a street with 300 lineal feet or more but less than 600 lineal feet of frontage shall not exceed 15 feet in height and 50 square feet in area. A pole sign on a street with 600 lineal feet or more of frontage shall not exceed 20 feet in height and 100 square feet in area. 2. Complex. A pole sign is permitted on a street frontage that exceeds 100 lineal feet not to exceed one pole sign for a complex. Co A pole sign on a street with less than 300 lineal feet of frontage shall not exceed 15 feet in height and 50 square feet in area. A pole sign on a street with 300 lineal feet or more but less than 600 lineal feet of frontage shall not exceed 18 feet in height and 75 square feet in area. A pole sign on a street with 600 lineal feet or more of frontage shall not exceed 20 feet in height and 100 square feet in area. Monument Signs. One primary monument sign is permitted on a single tenant site or complex. If a pole sign is placed on a single tenant site or complex, a primary monument sign is not permitted. In a complex, secondary monument signs are permitted at a ratio of one monument sign for each 300 lineal feet of street frontage on the same street not to exceed two secondary monument signs on a single street frontage and not to exceed a total of four secondary monument signs on a complex. Monument signs on a street frontage with less than 300 lineal feet of frontage shall not exceed six feet in height and 32 square feet in Monument signs on a street frontage with 300 lineal feet or more of frontage shall not exceed eight feet in height and 50 square feet in area. C. Wall Signs. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-95 ~,u~y L 2oo4 Wall signs are permitted on a primary building frontage. Such signs shall not cover more than six percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 200 square feet. However, a minimum sign area of 20 square feet shall be permitted for each single tenant building or tenant in a multiple tenant building. Only one building wall shall be designated as the primary building frontage. Wall signs are permitted on secondary building frontages. Such signs shall not cover more than three percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 100 square feet. However, a minimum sign area of 16 square feet is allowed for each single tenant building or tenant in a multiple tenant building. Wall signs are permitted on canopies. Such signs shall be limited to no more than two sides of the canopy and shall not cover more than 15 percent of a canopy face or 50 square feet, whichever is less. D. Readerboards. Mechanical and electronic changeable copy readerboards are permitted. Readerboards are permitted on pole and monument signs only. Readerboards shall be integrated into the overall sign to appear as a single unit and shall not comprise more than 50 percent of the total sign display surface. E. Awning and Marquee Signs. Signs on awnings and marquees are permitted as wall signs, except that internally illuminated awning signs are prohibited. Signs on awnings and marquees shall not extend above or below the awning or marquee. F. Projecting Signs. One projecting sign is permitted on a single tenant site or complex. However, no projecting sign shall be permitted on a single tenant site or complex where there is a pole or monument sign. Projecting signs shall not exceed an area of 24 square feet and shall be located a minimum of eight feet above the ground. Such signs shall not project more than six feet from a building wall. Section 3.110 Woodburn Development Ordinance [}FDO] Page 3.1-96 .~,~t~,/. 2oo4 G. Suspended Signs. One suspended sign is permitted for each entrance to a building or tenant space. Such sign shall not exceed an area of six square feet and shall be located a minimum of eight feet above the ground. Such sign shall not project past the outer edge of the roof structure. H. General Standards. Pole and monument signs within the same complex shall be located a minimum of 100 feet apart. Pole signs shall be subject to approval of a Type II application pursuant to Section 3.110.05.C.1.b. o Illumination: Externally or internally illuminated signs are permitted and such signs shall not cause glare. 3.110.17 Permitted Signs-Downtown Development and Conservation District (ODC) Signs in the DDC District shall be subject to the following provisions and all other applicable provisions of Section 3.110 and the WDO. A. Monument Signs. 1. A monument sign is permitted on a single tenant site or complex. A monument sign shall not exceed five feet in height and 20 square feet in area. B. Wall Signs. Wall signs are permitted on a primary building frontage. Such signs shall not cover more than four percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 50 square feet. However, a minimum sign area of 16 square feet shall be permitted for each single tenant building or tenant in a multiple tenant building. 0nly one building wall shall be designated as the primary building frontage. Wall signs are permitted on secondary building frontages. Such signs shall not cover more than two percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 30 square Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-97 July 1. 2004 feet. However, a minimum sign area of 12 square feet is allowed for each single tenant building or tenant in a multiple tenant building. C. Readerboards. Mechanical and electronic changeable copy readerboards are permitted. Readerboards are permitted on monument signs only. Readerboards shall be integrated into the overall sign to appear as a single unit and shall not comprise more than 50 percent of the total sign display surface. D. Awning and Marquee Signs. Signs on awnings and marquees are permitted as wall signs, except that internally illuminated awning signs are prohibited. Signs on awnings and marquees shall not extend above or below the awning or marquee. E. Projecting Signs. One projecting sign is permitted on a single tenant site or complex for each street or alley frontage. However, no projecting sign shall be permitted on a single tenant site or complex where there is a monument sign on the same street frontage. Projecting signs shall not exceed an area of 12 square feet and shall be located a minimum of eight feet above the ground. Such signs shall not project more than four feet from a building wall. F. Suspended Signs. One suspended sign is permitted for each entrance to a building or tenant space. Such sign shall not exceed an area of six square feet and shall be located a minimum of eight feet above the ground. Such sign shall not project past the outer edge of the roof structure. G. General Standards. Projecting signs shall be subject to approval of a Type II application pursuant to Section 3.110.05.C.1.b. Illumination: Externally or internally illuminated signs are permitted and such signs shall not cause glare. 3.110.18 Permitted Signs--Industrial Districts (IP and IL) Signs in the IP and IL Districts shall be subject to the following provisions and all other applicable provisions of Section 3.110 and the WDO. Section 3.110 Woodburn Development Ordinance [IFDO] Page 3.1-98 July I, 2004 A. Monument Signs. Bo One monument sign is permitted on a single tenant site or complex. In a complex, one additional monument sign is permitted if the complex has at least two street frontages that each exceed 300 lineal feet. Monument signs on a street frontage with less than 300 lineal feet of frontage shall not exceed six feet in height and 32 square feet in area. Monument signs on a street frontage with 300 lineal feet or more of frontage shall not exceed eight feet in height and 50 square feet in area. Wall Signs. Wall signs are permitted on a primary building frontage. Such signs shall not cover more than four percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 150 square feet. However, a minimum sign area of 16 square feet shall be permitted for each single tenant building or tenant in a multiple tenant building. Only one building wall shall be designated as the primary building frontage. Wall signs are permitted on secondary building frontages. Such signs shall not cover more than two percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 75 square feet. However, a minimum sign area of 12 square feet is allowed for each single tenant building or tenant in a multiple tenant building. Readerboards. Mechanical and electronic changeable copy readerboards are permitted. Readerboards are permitted on monument signs only. Readerboards shall be integrated into the overall sign to appear as a single unit and shall not comprise more than 50 percent of the total sign display surface. Awning and Marquee Signs. Section 3.110 14'oodburn Development Ordinance [}FDO] Page 3.1-99 July I, 2004 Signs on awnings and marquees are permitted as wall signs, except that internally illuminated awning signs are prohibited. Signs on awnings and marquees shall not extend above or below the awning or marquee. E. Projecting Signs. One projecting sign is permitted on a single tenant site or complex. However, no projecting sign shall be permitted on a single tenant site or complex where there is a monument sign. Projecting signs shall not exceed an area of 20 square feet and shall be located a minimum of eight feet above the ground. Such signs shall not project more than four feet from a building wall. F. Suspended Signs. One suspended sign is permitted for each entrance to a building or tenant space. Such sign shall not exceed an area of six square feet and shall be located a minimum of eight feet above the ground. Such sign shall not project past the outer edge of the roof structure. G. General Standards. Monument signs within the same complex shall be located a minimum of 100 feet apart. Illumination. Externally or internally illuminated signs are permitted and such signs shall not cause glare. 3.110.19 Variances A variance may be granted fi'om any regulation of Section 3.110 in accordance with the provisions of Section 5.103.11. 3.110.20 Nonconforming Signs Nonconforming signs are those signs lawfully established prior to the adoption of Section 3.110 or subsequent amendment thereto or signs lawfully established on property annexed to the City, which do not conform to the requirements of Section 3.110. Nonconforming permanent signs may remain provided they comply with the provisions of Section 3.110.20. However, nonconforming temporary signs and off-premises signs where the use of premises to which the sign relates changes or terminates for a continuous period of 180 days or more shall comply with the provisions of Section 3.110. Section 3.110 F/oodburn Development Ordinance [~FDO] Page 3.1-100 July 1, 2004 Co Nonconforming permanent signs shall comply with the provisions of Section 3.110 when one or more of the following occurs: A nonconforming sign is expanded, relocated, replaced or structurally altered. o 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. 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. A Type II Design Review or Type III Conditional Use or 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 Type II Design Review or Type III Conditional Use or Design Review land use application, only signs attached to such tenant space shall be required to comply with the provisions of Section 3.110. 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. A sign permit for a conforming sign(s) is issued for the premises upon which a nonconforming sign is located. In such case, all nonconforming signs on the same premises, except signs attached to individual tenant spaces in a complex, shall comply with Section 3.110 prior to installation of the new sign(s). In a complex, if a sign permit for a conforming sign(s) is issued for an individual tenant space upon which a nonconforming sign is attached, only signs attached to such tenant space shall be required to comply with the provisions of Section 3.110. 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. 3.110.21 Enforcement. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-101 July I, 2004 The violation of any provision of Section 3.110 is subject to the enforcement provisions contained in Section 4.102.11. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-102 July I, 2004 Ordinance. On February 12, 2004 the Planning Commission adopted a final order recommending the City Council approve the Final Focus Group Draft subject to a revision to identify "blimps" as a prohibited sign. A notice of public hearing to be held before the City Council on February 23, 2004 was published in the Woodburn Independent in compliance with City ordinances. T he C ify Council h eld public hearings o n February 2 3, 2 004 a nd March 8, 2004 and considered public testimony pertaining to the proposed amendments. This proposal is being processed as a Type V legislative application and as a periodic review task. Periodic Review Work Program Task 8 specifies that changes to the sign ordinance are needed. Adoption of the proposed revised sign ordinance will complete the portion of Task 8 relating to changing the sign ordinance. FINDINGS: The Woodburn Sign Ordinance (WSO) was substantially amended in 1992 with one minor revision in 1994. The WSO contains many errors, does not address many current sign issues and has many potential legal conflicts associated with its regulations. Minor revisions are not sufficient to fix these deficiencies. To address these deficiencies the City Council included an update of the WSO as a task in the city's periodic review work program adopted in 1997. In addition, the format of the Woodburn Development Ordinance (WDO) adopted in 2003 enables incorporating the WSO into the WDO. To address all the issues necessary to update the WSO, a comprehensive revision is necessary. The WSO will be repealed and the proposed amendments to the WSO will be incorporated into the WDO by adding a section containing sign regulations. All sign regulations will be contained within the WDO. The proposed sign regulation amendments are comprehensive and modify every provision of the WSO, including but not limited to the following general modifications: 1. Revised definitions relating to signs Definitions are substantially revised to minimize the need for interpretation and to ensure the sign ordinance is content neutral concerning speech regulation. 2. Revised permitting procedures and requirements Two new permit applications are established. In addition to the current sign permit application, a new permit to allow temporary signs is established and a Type II land use application to allow pole signs or neon tubing on the exterior of a building is required. Sign Ordinance Legislative Findings EXHIBIT "B" LEGISLATIVE FINDINGS AMENDMENT OF WOODBURN SIGN ORDINANCE BACKGROUND: The City Council established a goal of revising t he Woodburn Sign Ordinance during the 2002-03 fiscal year. To this end, City staff developed a draft revised sign ordinance by March 2003. City staff participating in the process primarily consisted of the City Administrator, City Attorney, Community Development Director, Senior Planner, and Assistant City Attorney. On March 24, 2003, the Mayor appointed a focus group to review city staff's draft sign ordinance. This focus group consisted of nine members representing various interests and are listed as follows: 1. Jim Cox, City Council Member 2. Ellen Bandelow, Planning Commission Member 3. Lisa EIIsworth, Livability Task Force Member 4. Don Judson, Business Community Representative 5. Aaron Berrera, Downtown Business Representative 6. Cindy Kelly, Highway 99 Business Representative 7. Mary Graves, I-5 Interchange Area Business Representative 8. Pam Kilmurray, At Large Citizen Representative 9. Dick Pugh, At Large Citizen Representative The focus group began its review of the draft sign ordinance on September 18, 2003 and met once a week until it completed its review on November 12, 2003. The focus group by consensus made numerous revisions to city staff's draft and the final product is identified as the "Final Focus Group Draft", dated November 12, 2003. The City Council adopted Resolution No. 1746 on December 8, 2003 initiating consideration of the proposed amendments to the Woodburn Sign Ordinance. The Final Focus Group Draft of the revised sign ordinance was presented to the Planning Commission at its December 11, 2003 and January 8, 2004 meetings for discussion purposes. A notice of public hearing to be held before the Planning Commission on January 15, 2004 was published in the Woodburn Independent in compliance with City ordinances. The Final Focus Group Draft was posted on the City's web site and was made available for public review at the City Library and City Hall. On January 15, 2004, the Planning Commission held a public hearing to consider public testimony regarding the proposed revisions to the Woodburn Sign Sign Ordinance Legislative Findings New design review requirement for pole signs and use of neon tubing on building exteriors A Type II land use application is required to allow a pole sign on a property or to use neon tubing on the extedor of a building. Design review criteria are established to ensure that pole signs and the use of neon tubing meet minimum aesthetic guidelines. Revised list of exempt and prohibited sign types The list of signs that are exempt from the sign ordinance is substantially revised. Revisions include allowing window signs to cover 50 percent of the window area, no more than two flags on a lot, allowance for temporary signs on property in all zones, and allowance for decorations in conjunction with holidays and recognized events. The list of signs that are prohibited is substantially revised. Revisions include prohibiting off premises signs, roof signs, private signs in the public right of way, internally illuminated awning signs, and beacon, strobe or search lights. New provisions allow temporary signs on a limited basis A temporary sign permit is established to allow certain temporary signs in all zoning districts except for single and two-family uses. Generally, a property or business is allowed four 15-day periods per calendar year to place temporary signs on the subject property or business. This provision is intended to allow for special events such as grand openings or special promotions, or any other limited advertising need or political speech of the property or business owner. Revised sign regulations for all zoning districts that will modify the number, area, height, and placement of signs permitted on a given property Standards relating to the number, area, height, and placement of signs are substantially revised for all zoning districts. In residential and public zones, permanent wall and freestanding signs may be permitted where no such signs are currently permitted by the WSO. Sign standards in commercial and industrial zones may generally result in an increase in the number of freestanding or wall signs permitted as compared to the VVSO. The permitted sign area of wall or freestanding signs and t he height of freestanding signs in commercial and industrial zones are generally reduced. Electronic changeable copy readerboards are permitted in CG, DDC, IL, and IP zones where the WSO does not permit such signs. Sign Ordinance Legislative Findings 3 7. Revised nonconforming sign regulations Regulations pertaining to nonconforming signs a re substantially revised. While most of the provisions of the WSO pertaining to nonconforming signs have been incorporated into the draft ordinance, the draft ordinance provides additional events that may require nonconforming signs to conform. These include termination of the use of the premises for more than 180 days, change in the use of the premises, approval of Type II Design Review or Type III Conditional Use or Design Review applications on the property, or issuance of a sign permit for a conforming sign on the premises. The amended sign ordinance has been written with the goal of balancing the need of businesses to identify themselves with the needs of the community to protect public safety and provide an attractive community. The WSO has been restructured to be incorporated into the WDO and to make the ordinance more modern, clearer and easier to use. The WSO has been revised to be consistent with changes in state statutes and case law with an emphasis on ensuring content neutrality in the regulation of signs. The proposed sign ordinance revisions are consistent with the goals and policies in the Comprehensive Plan and no changes are proposed that require an amendment to the comprehensive plan because the Comprehensive Plan does not contain any goals or policies that relate directly to the issue of signs. Sign Ordinance Legislative Findings 4 Exhibit "A" Alternative No. 4 3.110 Signs 3.110.01 Purpose These regulations balance the need to protect the public safety and welfare, the need for a well maintained and attractive community, and the need for adequate identification, communication and advertising. The regulations for signs have the following specific objectives: To ensure that signs are designed, constructed, installed and maintained according to minimum standards to safeguard life, health, property and public welfare; To allow and promote positive conditions for sign communication while at the same time avoiding nuisances to nearby properties; To reflect and support the desired character and development patterns of the various zones, overlay zones, and plan districts and promote an attractive environment; To allow for adequate and effective signs in commercial and industrial zones while preventing signs from dominating the appearance of the area; E. To improve pedestrian and traffic safety; and Fo To ensure that the constitutionally guaranteed right of free speech is protected. 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 and rights-of-way that abut a site, but not necessarily to streets and rights-of-way farther away. 3.110.02 Applicability Section 3.110 states the standards for the number, size, placement, and physical characteristics of signs. This section applies to signs in all zoning districts within the City of Woodbum. Other regulations in the City Code may also apply to signs. No sign shall be placed or constructed on any property within the City of Woodburn that is not in compliance with Section 3.110 or other applicable provisions of the WDO. Proposals for signs where the code is silent, or where the rules of Section 3.110 do not provide a basis for concluding that the sign is allowed, are prohibited. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-74 Ju~v 1, 2004 3.110.03 Definitions Words used in Section 3.110 shall have their normal dictionary meaning unless they are listed in Section 3.110.03 below or in Section 1.102. Words listed in Section 3.110.03 have the specific meaning stated or referenced, unless the context clearly indicates another meaning. Area of sign: Sign area is measured by drawing no more than four straight lines around and enclosing each cabinet or sign display surface; these shall be summed and then totaled to determine total area. No more than three cabinets or sign display surfaces or any combination thereof may be used to calculate the total sign area on any freestanding sign or for each tenant's signage on a building wall. The measurable area shall not include embellishments such as pole covers, decorative roofing, foundation or supports provided there is no written advertising copy, symbols or logos on such embellishments. The area of a sign shall include any symbol, material, lighting, or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. Sign area includes only one side of a multi-sided sign, regardless of the presence of sign copy on both or all sides. Where a sign is of a three dimensional, round or irregular solid shape, the largest cross section shall be used in a flat projection for the purpose of determining sign area. The areas of all signs in existence at the time of enactment of this ordinance, whether conforming or nonconforming, shall be counted in determining permitted sign area. 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. Boundaries of the Site: The area inside the legal lot lines of a site and does not include any property in thc public right of way. Building Code: The most current edition of the Oregon State Structural Specialty Code. Building Frontage: Building elevations that front on a public street, alley or parking lot. Building frontage shall be measured as the length of a straight line extending horizontally between the exterior building walls of a single tenant building or the midpoint of the separation walls between individual tenant spaces in a complex. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-75 July 1, 2004 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. Director: Woodbum Director of Community Development or his/her designated representative. Display Surface: The area made available by the sign structure for the purpose of displaying a message. The display surface includes the area of the message and the background. Eave: The overhanging lower edge of a roof. Glare: Illumination of a sign that either directly, or indirectly from reflection, causes illumination on other properties or right 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. 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. Property Owner or Lessee: An individual, corporation, partnership, or other legal entity shown on county records as the owner or contract purchaser of the property, or is named as the lessee in a lease agreement regarding the property. Sign: Materials placed or constructed, or light projected, that conveys a message or image or is used to inform or attract the attention of the public. Some examples of'signs' are mater/als or lights meeting the definition of the preceding sentence and which are commonly referred to as signs, placards, A-boards, posters, billboards, murals, diagrams, banners, 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: Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-76 July I. 2004 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. Awning Sign: A sign attached to or incorporated into an awning or an awning that is internally illuminated. Balloon: An inflatable device less than 36 inches in diameter 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 diameter and anchored by some means to a structure or the ground. Changing Image Sign: Any sign, display, device, or portions thereof which is designed to have the capability of movement or give the semblance of movement of the whole or any part of the sign or that displays any artificial light which is not maintained stationary or constant in intensity and color at all times when such signs are in use or through some other automated method, results in movement, the appearance of movement or change of sign image or text. Such signs include but are not limited to electronic signs including LED, LCD, video or other automatic changeable display, rotating and revolving signs, readerboard signs, flashing signs, and wind driven signs including flags, pennants, and streamers. Directory: A sign located in a complex that lists tenants and corresponding addresses located within the complex. 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 at intervals of more than once in any 60 second period. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-77 July 1, 2004 Freestanding Sign: A sign wholly supported by a sign structure in the ground (e.g., monument signs, pole signs). Historical Marker: A plaque or sign erected and maintained on property, a building, or structure by an organization that is recognized for routinely identifying sites, buildings, or structures of historical value. 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 lightweight materials such as cardboard or vinyl that is supported by a frame, pole, or other support structure placed directly in the ground without foundation or other anchor. Menu Board: A sign placed adjacent to a designated drive-thru lane of a drive-thru service establishment. Monument Sign: A low profile 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. Off-Premises Sign: A sign designed, intended or used to advertise, inform or attract the attention of the public as to: ao Co Goods, products or services which are not sold, manufactured or distributed on or from the premises on which the sign is located; Facilities not located on the premises on which the sign is located; or Activities not conducted on the premises on which the sign is located. 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 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. Section 3.110 Woodburn Development Ordinance Page 3.1-78 July 1, 2004 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. Readerboard Sign, Electronic Changeable Copy: A permanent sign on which copy can be changed electronically by using patterns of lights that may be changed at intervals not exceeding one change in copy or display, or intensity or color of lighting in any 60 second period. Readerboard Sign, Mechanical Changeable Copy: A permanent sign on which copy can be changed manually in the field. 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. Subdivision Sign: A sign located on land in a recorded subdivision containing 10 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 and/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. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-79 July I, 2004 Sign Maintenance: Normal care needed to keep a sign functional such as painting, cleaning, oiling, and changing light bulbs. 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. Street Frontage: The portion of a site that abuts a public street. 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 ordinary maintenance or repair, repainting an existing sign surface, including changes of message or image, exchanging painted and pasted or glued materials on painted wall signs, or exchanging display panels of a sign through release and closing of clips or other brackets. Vision Clearance Area: See Section 3.103.10. 3.110.04 Sign Permit Required mo A sign permit is required to erect, replace, construct, relocate, or alter a sign, unless such sign or action is exempt under Section 3.110.11. The Director shall issue a sign permit if the applicant files an application, filing fee, and plans which demonstrate full compliance with all provisions of Section 3.110 and other applicable city regulations. Sign maintenance, sign repair and 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 increased in size. A building permit shall be obtained for any signs where the sign installation is regulated under the Building Code. An electrical permit shall be obtained for all illuminated signs, subject to the provisions of the State Electrical Code. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-80 July 1, 2004 The Director may require application for sign permits for any existing signage on the premises if no existing permits previously had been approved. 3.110.05 Sign Permit Approval Process A. Initiation of an Application. An application for a sign permit may only be initiated by the property owner or lessee with the authorization of the property owner. B. Application Form. An application for a sign permit shall be made on forms as prescribed by the Director. Such an application shall be filed with the Planning Department. The application shall be accompanied by any fees as specified by City Council resolution. A sign permit application shall include the following information: 1. Sign location Business name and business owner's name, address and phone number 3. Property owner's name, address, and phone number 4. Sign company name, address, and phone number 5. Contact person and phone number 6. Type of sign Illustration of the proposed sign(s), existing signs and location including the following items: Site plan and/or building elevation plans drawn to scale and dimensioned showing: 1) Existing structures 2) Driveways 3) Streets and right of ways 4) Existing signs 5) Proposed sign 6) Existing property lines Section 3.110 k~oodburn Development Ordinance III/DO] Page 3.1-81 July 1, 2004 Co Proposed sign drawn to scale and dimensioned, showing (as applicable): 1) 2) 3) 4) 5) 6) 7) 8) 9) Total height from the ground Width Depth Area of sign in square feet Size and style of letters Colors Type of illumination Materials Drawing of the sign on the building elevation with dimensions of the building wall o Signatures of the property owner or lessee. If a lessee signs, property owner authorization shall be provided. Process. Permits for new signs or modification of existing signs shall be processed as follows: ao Signs subject to a sign permit, except signs listed under Section 3.110.05.C.l.b below, shall be processed, using the procedures, standards, and application requirements, provided in Section 3.110. Pole signs and the placement of neon tubing on the exterior of a building shall be processed as a Type II land use application, using the application requirements of Section 5.102.02, except additional exhibits required under Section 5.102.02.B are limited to sign information required under Section 3.110.05.B, and using the standards and design guidelines of Section 3.110 as approval criteria. A Type II sign application may be processed concurrently with a separate Type II or III development application. After a sign application is received and deemed complete by the Director, the Director shall provide the applicant with a written decision granting or denying the application for a sign permit. For non-compliant applications, the decision shall explain the reasons why the application was denied. A decision to deny shall be mailed to the address on the application by regular mail. The Director's decision under Section 3.110.05.C.l.a is final for purposes of appeal on the date that it is mailed or otherwise Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-82 July 1, 2004 provided to the applicant, whichever occurs first. The Director's decision is not appealable locally, and is the final decision of the City. A decision under Section 3.110.05.C.l.b may be appealed following the appeal procedure for a Type II application. 3.110.06 Expiration of Approval Sign permit approval shall expire 180 days from the date of approval if a building permit is not issued, if required, or substantial construction of the sign has not commenced if a building permit is not required. Signs that require the issuance of a building permit shall be constructed within the time period established by the building permit. Expiration of a Type II sign application approval shall comply with Section 4.102.03. 3.110.07 Inspections A. Construction Inspection. General requirements for the inspection of signs during and following construction shall be as follows: All construction work for which a permit is required shall be subject to an inspection by the Building Official in accordance with the Building Code and Section 3.110: A survey of the lot or parcel or proposed location for sign erection may be required by the Building Official to verify compliance of the structure with approved plans. Neither the Building Official nor the City of Woodburn shall be liable for expense or other obligations entailed in the removal or replacement of any material required to allow inspection. It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. o The applicant shall request a final inspection when all work is completed. This inspection shall cover all items required by the Building Official under State law or City ordinances such as the Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-83 July 1, 2004 locations, landscaping if required, and general compliance with the approved plans and requirements of Section 3.110. B. Director's Inspection. The Director is authorized and directed to enforce all of the provisions of Section 3.110. All signs for which permits are required shall be inspected by the Director. Upon presentation of proper credentials, the Director may enter at reasonable times any building, structure, or premises in the City to perform any duty imposed upon the position by Section 3.110. 3.110.08 General Requirements Landscaping: Permanent freestanding signs shall be located in a planted landscaped area which is of a size equal to at least twice the sign area. The landscaped area shall be improved and maintained subject to the landscaping standards of Section 3.106. Bo Location: No portion of a freestanding sign shall be located less than five feet from any boundary property line. 3.110.09 Design Guidelines for Type II Sign Applications The following design guidelines shall be applicable to Type II sign applications: mo Each sign should be designed to be consistent with the architectural style of the main building or buildings upon the site. 3. Signs located upon a site with only one main building should be designed to incorporate at least one of the predominately visual elements of the building, such as type of construction materials or color. Each sign located upon a site with more than one building, such as a complex or other nonresidential development, should be designed to incorporate at least one predominate visual design element common to all such buildings or a majority of the buildings. Multiple signs located within a single development, or complex should have a common design established through the use of similar sign colors and materials, sign supports, method of illumination, sign cabinet or other configuration of sign area, shape of sign and components, and letter style and size. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-84 July 1. 2004 Do Sign colors and materials should be consistent with the color scheme and materials used in the development. The use of fluorescent colors or similar highly reflective materials should be discouraged. Supporting elements of pole signs should be covered consistent with subsection (D) above. The total width of pole covers should be at least 30 percent of the sign display width. Freestanding signs should appear to be a single unit and should not have separate or detached cabinets or readerboards that are not architecturally integrated into the primary sign display area. 3.110.10 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 in accordance with Section 3.110 or the Building Code. Signs and sign structures that are dangerous must be taken down and removed or made safe, as the Director deems necessary. 3.110.11 Exemptions. The following are exempt from application, permit and fee requirements of Section 3.110, but are subject to other applicable portions of Section 3.110 and the City Code and may require building and electrical permits: Window signs provided such signs shall not obscure more than 50 percent of the total window area of a building face. Bo Flags provided that not more than two flags shall be permitted on a lot or parcel in any zone. The area of an individual flag shall not exceed 40 square feet. Flag mounts or poles shall not exceed 40 feet in height. Co Temporary freestanding signs in non-residential zones provided that not more than two such signs shall be permitted on a single tenant site or complex. The total area of such signs on a single tenant site or complex shall not exceed 24 square feet and the height shall not exceed eight feet. Such signs shall not be placed in the public right of way or a vision clearance area. Do Wall signs on residential dwellings provided that not more than two such signs are permitted on a dwelling unit and the total area of all such signs shall not exceed three square feet. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-85 July 1, 2004 Additional Permanent Wall and Freestanding Signs. In addition to the wall and freestanding signs permitted under Sections 3.110.14 through 3.110.18, the following additional permanent wall and freestanding signs are permitted for all uses, except single and two family dwellings. The area of each such freestanding sign shall not exceed three square feet and a height of five feet. The area of each such wall sign shall not exceed three square feet. Not more than three such freestanding signs shall be permitted on a lot or parcel and not more than two such wall signs shall be placed on a building with a single tenant or on an individual tenant space in a multiple tenant building. A freestanding sign shall not be located within a required front yard setback or setback abutting a street. Menu boards in conjunction with a drive-thru service establishment. Not more than two menu boards shall be permitted for a drive-thru service establishment. Menu boards shall be located adjacent to the driveway leading to a drive through window and shall not exceed seven feet in height and eight feet in width. Lawn signs and A-frame signs in residential zones provided that not more than two such signs are located on a lot or parcel and the total area for all such signs does not exceed eight square feet. Such signs shall not exceed six feet in height and shall not be placed in the public right of way or vision clearance areas. Ho 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 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. Signs required by federal, state, or city law on private property if the sign is no more than 32 square feet in area. Such signs include building addresses, handicap parking signs, designation of fire lanes, public hearing notices, and building inspection notices. Jo Signs owned and maintained by federal or state agencies or the City of Woodbum. Ko 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. Lo Decorations and lights relating directly to federal, state, or city recognized events or holidays, provided that such decorations and lights shall be placed not more than 45 days before the holiday or event to which they Section 3.110 Woodburn Development Ordinance [ WDO] Page 3.1-86 July I, 2004 pertain and shall be removed within 15 days of the passing of the holiday or event to which they pertain. Signs on phone booths and product dispensers, such as beverage, recycling, newspaper, gasoline, and propane machines provided the total area of signage on an individual unit does not exceed three square feet. Directories for non-residential complexes with two or more buildings and multiple family residential complexes with four or more buildings. Directories shall be limited to a maximum of one per street access and shall be located a minimum of 50 feet from a street right of way. Each directory shall be limited to a maximum area of 24 square feet. Freestanding directories shall be limited to a maximum height of eight feet. Oo Bench signs provided the total area of such signs on a bench does not exceed one square foot. 3.110.12 Prohibited signs The following signs and advertising devices are prohibited: A° Any sign constructed, erected, replaced, relocated, altered, repaired, or maintained in a manner not in compliance with Section 3.110. B° A temporary sign not otherwise allowed under Section 3.110.13 or exempt under Section 3.110.11. C. Off-premises sign. D. A sign located on the roof of any building or structure. Eo A sign located in the vision clearance area established by Section 3.103.10. F. A sign located in the special setback area established by Section 3.103.05. Go A sign in public right of ways except awning, projecting, wall, and suspended signs projecting over a public right of way in conformity with Section 3.110, or unless specifically exempt under Section 3.110.11. H. Internally illuminated awning sign. A changing image sign not otherwise allowed under Sections 3.110.13 through 3.110.18 or exempt under Section 3.110.11. Section 3.110 Woodburn Development Ordinance Page 3.1-87 .July 1, 2004 Jo Mo No O° Po Qo To 3.110.13 A. A permanent sign located on an undeveloped lot or parcel, except subdivision signs. A beacon light, searchlight, strobe light or a sign containing such lights. Neon tubing on the exterior of a building unless approved as part of a Type II sign application. 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. An illuminated sign that produces glare. Glare may not directly, or indirectly from reflection, cause illumination on other properties or right of way in excess of a measurement of 0.5-foot candles of light measured at the property line. A sign required to have been issued a sign permit, but for which no sign permit has been issued. A sign with visible incandescent bulbs or fluorescent tubes or a sign with a visible direct source of illumination, except neon, and not otherwise allowed under Section 3.110.13 or exempt under Section 3.110.11. A sign that is unsafe or constitutes a public nuisance. A sign that incorporates flames or emits sounds or odors. A sign supported in whole or in part by cables or guy wires or that has cables or guy wires extending to or from it. Blimp. Temporary Sign Permit Certain temporary signs that are not otherwise exempt under Section 3.110.11 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. Process. Temporary Sign Permits shall be processed using the procedures, criteria, and application requirements of Section 3.110.14. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-88 July 1, 2004 After a Temporary Sign Permit application is received and deemed complete by the Director, the Director shall provide the applicant with a written decision granting or denying the application for a Temporary Sign Permit. For non-compliant applications, the decision shall explain the reasons why the application was denied. A decision to deny shall be mailed to the address on the application by regular mail. The Director's decision under Section 3.110.14 is final for purposes of appeal on the date that it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision is not appealable locally, and is the final decision of the City. Application Requirements. An application for a Temporary Sign Permit shall be made on forms as prescribed by the Director. Such an application shall be filed with the Planning Department. The application shall be accompanied by any fees as specified by City Council resolution. The following information is required for submittal of a Temporary Sign Permit application: A completed Temporary Sign Permit application form. The application form shall include the following: 1. Address of location where sign(s) is to be placed. Business name; property owner or tenant name, mailing address, and phone number. 3. Contact person and phone number. 4. Type of signs and total area of signs in square feet. 5. Signatures of the applicant and property owner or tenant. Identification of the location where sign(s) isto be placed as a single tenant site, an individual tenant in a complex, a complex with less than 20 tenants, or a complex with 20 or more tenants. Criteria. The Director shall approve an application for a Temporary Sign Permit only if it complies with the following approval criteria: 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 Section 3.110 I4~oodburn Development Ordinance Page 3.1-89 July 1, 2004 o sign types not specified above including other types of portable signs and blimps are not permitted with a Temporary Sign Permit. A Temporary Sign Permit shall not be granted for single and two family residential uses or for an individual tenant in a multiple family residential complex. An owner or tenant of an individual property, a tenant in a complex, and the owner of a complex may obtain Temporary Sign Permits. In a complex, a tenant shall be limited to placing only banners and flags on the exterior walls and windows of its tenant space. 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 allowed shall be as follows: a° A single tenant site or an individual tenant in a complex shall be permitted a maximum of four Temporary Sign Permits per calendar year. bo A complex consisting of less than 20 tenant spaces shall be permitted a maximum of four Temporary Sign Permits per calendar year, in addition to Temporary Sign Permits allowed for individual tenants. A complex consisting of 20 or more tenant spaces shall be permitted a maximum of six Temporary Sign Permits per calendar year, in addition to Temporary Sign Permits allowed for individual tenants. No temporary sign shall extend into or over public fight of way or vision clearance areas, as governed by Section 3.103.10. No temporary sign shall obstruct on-site pedestrian or vehicular access or circulation. The total area of all temporary signs permitted by a Temporary Sign Permit shall not exceed 100 square feet for an individual tenant in a complex, 200 square feet for a single tenant site or a complex with less than 20 tenant spaces, or 400 square feet for a complex consisting of 20 or more tenant spaces. Section 3.110 Page 3.1-90 Woodburn Development Ordinance [WDO] July 1. 2004 3.110.14 Permitted Signs--Residential and Public/Semi-Public Land Use Districts (RS, RIS, RM, and P/SP) Signs in the RS, RIS, RM and P/SP Districts shall be subject to the following provisions and all other applicable provisions of Section 3.110 and the WDO. A. Subdivision and Manufactured Home Park Signs. Signs located within a subdivision containing 10 lots or more or a manufactured home park containing 10 lease spaces or more shall be permitted subject to thc following limitations: 1. Type. Monument signs and signs attached to a freestanding wall are permitted. 2. Area of signs. Each sign shall not exceed 20 square feet in area. 3. Height of sign. a. Monument sign shall not exceed a height of five feet. b. Sign on freestanding wall shall not project above wall. 4. Number of signs. One sign is permitted on each side of each public street entry into the development. 5. Illumination. Only externally illuminated signs are permitted and such signs shall not cause glare. B. Multiple Family Dwelling Signs. Signs associated with multiple family developments containing four or more attached dwelling units shall be permitted subject to the following limitations: 1. Type of sign. Monument and wall signs are permitted. 2. Area of sign. a. Wall sign shall not exceed 20 square feet in area. b. Monument sign shall not exceed 20 square feet in area. 3. Height of sign. Monument sign shall not exceed a height of five feet. 4. Number of signs. Not more than one monument sign and one wall sign shall be permitted Section 3.110 Woodburn Developtnent Ordinance [WDO] Page 3.1-91 July 1, 2004 Co 5. Illumination. Only externally illuminated signs are permitted and such signs shall not cause glare. Non-Residential Use Signs. Signs for non-residential uses shall be permitted subject to the following limitations: 1. Developed site containing less than three acres: a. Type of Sign. Monument, wall, and mechanical changeable copy readerboard signs are permitted. b. Area of sign. 1) Wall sign shall not exceed 20 square feet in area. 2) Monument sign shall not exceed 20 square feet in area including any readerboard sign. 3) Readerboard sign shall not exceed 12 square feet in area. c. Height of Sign. Monument sign shall not exceed five feet in height. d. Number of Signs. One monument sign and one wall sign shall be permitted. Readerboard sign may only comprise part of a monument sign and shall be included in the area calculation for a monument sign. e. Illumination. Only externally illuminated signs are permitted and such signs shall not cause glare. 2. Developed site containing three or more acres: a. Type of Sign. Monument, wall and mechanical changeable copy readerboard signs are permitted. b. Area of sign. 1) 2) 3) Wall sign shall not exceed 32 square feet in area. Monument sign not exceed 32 square feet in area including any readerboard sign. Readerboard sign shall not exceed 18 square feet in area. Section 3.110 Woodburn Development Ordinance [WDOJ Page 3.1-92 July 1, 2004 Height of Sign. Monument sign shall not exceed six feet in height. Number of Signs. One monument sign is permitted per public street frontage provided the total number of monument signs shall not exceed two signs. One wall sign is permitted on each building wall that fronts on a public street provided the total number of wall signs shall not exceed two signs. Readerboard signs may only comprise part of a monument sign and shall be included in the area calculation for a monument sign. Illumination. Only externally illuminated signs are permitted and such signs shall not cause glare. 3.110.15 Permitted Signs--Commercial Office District (CO) Signs in the CO District shall be subject to the following provisions and all other applicable provisions of Section 3.110 m~d the WDO. A. Developed site or complex containing less than three acres. 1. Type of signs. Monument and wall sign(s) are allowed. 2. Area of signs. ao Wall sign. No more than four percent of any building wall shall be covered by wall signs. bo Monument sign. Monument sign shall not exceed 20 square feet in area. Height of monument sign. Monument sign shall not exceed a height of five feet. 4. Number of signs. Wall sign. Maximum of one sign per tenant. One additional sign is permitted to identify each building or complex. bo Monument sign. Maximum of one sign per street frontage not to exceed a total of two signs. Illumination. Externally or internally illuminated signs are permitted and such signs shall not cause glare. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-93 July 1, 2004 Developed site or complex containing three acres or more: Type of signs. Monument and wall sign(s) are allowed. Area of signs. ao Wall sign. No more than four percent of any building wall shall be covered by wall signs. Monument sign. Monument sign shall not exceed 32 square feet in area. Height of monument sign. Monument sign shall not exceed a height of six feet. 4. Number of signs. Wall sign. Maximum of one sign per tenant. One additional sign is permitted to identify each building or complex. Monument sign. Maximum of one sign per street frontage not to exceed a total of two signs. Illumination. Externally or internally illuminated signs are permitted and such signs shall not cause glare. Permitted Signs--Commercial General District (CG) Signs in the CG District shall be subject to the following provisions and all other applicable provisions of Section 3.110 and the WDO. Pole Signs. 1. Single a. 3.110.16 bo Tenant Site. A pole sign is permitted on a street frontage that exceeds 100 lineal feet not to exceed one pole sign on a single tenant site. A pole sign shall be permitted instead of a monument sign. A pole sign on a street with less than 300 lineal feet of frontage shall not exceed 12 feet in height and 32 square feet in area. Section 3.110 l~/oodburn Development Ordinance Page 3.1-94 July 1, 2004 Co A pole sign on a street with 300 lineal feet or more but less than 600 lineal feet of frontage shall not exceed 15 feet in height and 50 square feet in area. A pole sign on a street with 600 lineal feet or more of frontage shall not exceed 20 feet in height and 100 square feet in area. 2. Complex. ao bo A pole sign is permitted on a street frontage that exceeds 100 lineal feet not to exceed one pole sign for a complex. Co A pole sign on a street with less than 300 lineal feet of frontage shall not exceed 15 feet in height and 50 square feet in area. do A pole sign on a street with 300 lineal feet or more but less than 600 lineal feet of frontage shall not exceed 18 feet in height and 75 square feet in area. A pole sign on a street with 600 lineal feet or more of frontage shall not exceed 20 feet in height and 100 square feet in area. Monument Signs. One primary monument sign is permitted on a single tenant site or complex. If a pole sign is placed on a single tenant site or complex, a primary monument sign is not permitted. In a complex, secondary monument signs are permitted at a ratio of one monument sign for each 300 lineal feet of street frontage on the same street not to exceed two secondary monument signs on a single street frontage and not to exceed a total of four secondary monument signs on a complex. Monument signs on a street frontage with less than 300 lineal feet of frontage shall not exceed six feet in height and 32 square feet in area. Monument signs on a street frontage with 300 lineal feet or more of frontage shall not exceed eight feet in height and 50 square feet in area. C. Wall Signs. Section 3.110 l~oodburn Development Ordinance [g~DO] Page 3.1-95 July 1, 2004 Wall signs are permitted on a primary building frontage. Such signs shall not cover more than six percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 200 square feet. However, a minimum sign area of 20 square feet shall be permitted for each single tenant building or tenant in a multiple tenant building. Only one building wall shall be designated as the primary building frontage. Wall signs are permitted on secondary building frontages. Such signs shall not cover more than three percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 100 square feet. However, a minimum sign area of 16 square feet is allowed for each single tenant building or tenant in a multiple tenant building. o Wall signs are permitted on canopies. Such signs shall be limited to no more than two sides of the canopy and shall not cover more than 15 percent of a canopy face or 50 square feet, whichever is less. D. Readerboards. Mechanical and electronic changeable copy readerboards are permitted. Readerboards are permitted on pole and monument signs only. Readerboards shall be integrated into the overall sign to appear as a single unit and shall not comprise more than 50 percent of the total sign display surface. E. Awning and Marquee Signs. Signs on awnings and marquees are permitted as wall signs, except that internally illuminated awning signs are prohibited. Signs on awnings and marquees shall not extend above or below the awning or marquee. F. Projecting Signs. One projecting sign is permitted on a single tenant site or complex. However, no projecting sign shall be permitted on a single tenant site or complex where there is a pole or monument sign. Projecting signs shall not exceed an area of 24 square feet and shall be located a minimum of eight feet above the ground. Such signs shall not project more than six feet from a building wall. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-96 July 1, 2004 G. Suspended Signs. One suspended sign is permitted for each entrance to a building or tenant space. Such sign shall not exceed an area of six square feet and shall be located a minimum of eight feet above the ground. Such sign shall not project past the outer edge of the roof structure. H. General Standards. Pole and monument signs within the same complex shall be located a minimum of 100 feet apart. Pole signs shall be subject to approval of a Type II application pursuant to Section 3.110.05.C.l.b. Illumination: Externally or internally illuminated signs are permitted and such signs shall not cause glare. 3.110.17 Permitted Signs--Downtown Development and Conservation District (DDC) Signs in the DDC District shall be subject to the following provisions and all other applicable provisions of Section 3.110 and the WDO. A. Monument Signs. 1. A monument sign is permitted on a single tenant site or complex. A monument sign shall not exceed five feet in height and 20 square feet in area. B. Wall Signs. Wall signs are permitted on a primary building frontage. Such signs shall not cover more than four percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 50 square feet. However, a minimum sign area of 16 square feet shall be permitted for each single tenant building or tenant in a multiple tenant building. Only one building wall shall be designated as the primary building frontage. Wall signs are permitted on secondary building frontages. Such signs shall not cover more than two percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 30 square Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-97 July 1, 2004 feet. However, a minimum sign area of 12 square feet is allowed for each single tenant building or tenant in a multiple tenant building. C. Readerboards. Mechanical and electronic changeable copy readerboards are permitted. Readerboards are permitted on monument signs only. Readerboards shall be integrated into the overall sign to appear as a single unit and shall not comprise more than 50 percent of the total sign display surface. D. Awning and Marquee Signs. Signs on awnings and marquees are permitted as wall signs, except that internally illuminated awning signs are prohibited. Signs on awnings and marquees shall not extend above or below the awning or marquee. E. Projecting Signs. One projecting sign is permitted on a single tenant site or complex for each street or alley frontage. However, no projecting sign shall be permitted on a single tenant site or complex where there is a monument sign on the same street frontage. Projecting signs shall not exceed an area of 12 square feet and shall be located a minimum of eight feet above the ground. Such signs shall not project more than four feet from a building wall. F. Suspended Signs. One suspended sign is permitted for each entrance to a building or tenant space. Such sign shall not exceed an area of six square feet and shall be located a minimum of eight feet above the ground. Such sign shall not project past the outer edge of the roof structure. G. General Standards. Projecting signs shall be subject to approval of a Type II application pursuant to Section 3.110.05.C.l.b. Illumination: Externally or internally illuminated signs are permitted and such signs shall not cause glare. 3.110.18 Permitted Signs--Industrial Districts (IP and IL) Signs in the IP and IL Districts shall be subject to the following provisions and all other applicable provisions of Section 3.110 and the WDO. Section 3.110 k~oodburn Development Ordinance [WDO] Page 3.1-98 July 1, 2004 A. Monument Signs. Bo Do One monument sign is permitted on a single tenant site or complex. In a complex, one additional monument sign is permitted if the complex has at least two street frontages that each exceed 300 lineal feet. o Monument signs on a street frontage with less than 300 lineal feet of frontage shall not exceed six feet in height and 32 square feet in area. Monument signs on a street frontage with 300 lineal feet or more of frontage shall not exceed eight feet in height and 50 square feet in area. Wall Signs. Wall signs are permitted on a primary building frontage. Such signs shall not cover more than four percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 150 square feet. However, a minimum sign area of 16 square feet shall be permitted for each single tenant building or tenant in a multiple tenant building. Only one building wall shall be designated as the primary building frontage. Wall signs are permitted on secondary building frontages. Such signs shall not cover more than two percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 75 square feet. However, a minimum sign area of 12 square feet is allowed for each single tenant building or tenant in a multiple tenant building. Readerboards. Mechanical and electronic changeable copy readerboards are permitted. Readerboards are permitted on monument signs only. Readerboards shall be integrated into the overall sign to appear as a single unit and shall not comprise more than 50 percent of the total sign display surface. Awning and Marquee Signs. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-99 July 1, 2004 Signs on awnings and marquees are permitted as wall signs, except that internally illuminated awning signs are prohibited. Signs on awnings and marquees shall not extend above or below the awning or marquee. E. Projecting Signs. One projecting sign is permitted on a single tenant site or complex. However, no projecting sign shall be permitted on a single tenant site or complex where there is a monument sign. Projecting signs shall not exceed an area of 20 square feet and shall be located a minimum of eight feet above the ground. Such signs shall not project more than four feet from a building wall. F. Suspended Signs. One suspended sign is permitted for each entrance to a building or tenant space. Such sign shall not exceed an area of six square feet and shall be located a minimum of eight feet above the ground. Such sign shall not project past the outer edge of the roof structure. G. General Standards. Monument signs within the same complex shall be located a minimum of 100 feet apart. Illumination. Externally or internally illuminated signs are permitted and such signs shall not cause glare. 3.110.19 Variances A variance may be granted from any regulation of Section 3.110 in accordance with the provisions of Section 5.103.11. 3.110.20 Nonconforming Signs Nonconforming signs are those signs lawfully established prior to the adoption of Section 3.110 or subsequent amendment thereto or signs lawfully established on property annexed to the City, which do not conform to the requirements of Section 3.110. Nonconforming permanent signs may remain provided they comply with the provisions of Section 3.110.20. However, nonconforming temporary signs shall comply with the provisions of Section 3.110. Nonconforming permanent signs and off-premises signs that have not been permitted by a variance shall comply with the provisions of Section Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-100 July 1, 2004 3.110 when one or more of the following occurs on the premises upon which the sign is located: A nonconforming sign or an off-premises sign is expanded, relocated, replaced or structurally altered. The use of the premises 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. o The use of the premises 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. A Type II Design Review or Type III Conditional Use or Design Review land use application is approved for the premises. In a complex, if an individual tenant space is the subject of a Type II Design Review or Type III Conditional Use or Design Review land use application, only signs attached to such tenant space shall be required to comply with the provisions of Section 3.110. A nonconforming sign or an off-premises 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. o A sign permit for a conforming sign(s) is issued for the premises. In such case, all nonconforming signs on the same premises, except signs attached to individual tenant spaces in a complex, shall comply with Section 3.110 prior to installation of the new sign(s). In a complex, if a sign permit for a conforming sign(s) is issued for an individual tenant space upon which a nonconforming sign is attached, only signs attached to such tenant space shall be required to comply with the provisions of Section 3.110. Off-premises signs that have been permitted by a variance and the sign structure upon which the off-premises sign is attached, but only if there are no on-premises signs attached to the structure, shall be removed from the premises upon which the off-premises sign is located when the use of premises to which the sign relates changes or terminates for a continuous period of 180 days or more. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-101 July L 2004 Do Off-premises signs that have not been permitted by a variance and the sign structure upon which the off-premises sign is attached, but only if there are no on-premises signs attached to the structure, shall be removed from the premises upon which the off-premises sign is located when one or more of the following occurs on the premises to which the sign relates: A nonconforming sign is expanded, relocated, replaced or structurally altered. The use of the premises terminates for a continuous period of 180 days or more. 3. The use of the premises changes. A Type I1 Design Review or Type III Conditional Use or Design Review land use application is approved for the premises. o 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. 6. A sign permit for a conforming sign(s) is issued for the premises. 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. 3.110.21 Enforcement. The violation of any provision of Section 3.110 is subject to the enforcement provisions contained in Section 4.102.11. Section 3.110 Woodburn Development Ordinance [WDO] Page 3.1-102 July 1, 2004 lOB March 18, 2004 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Randy Scott, Senior Engineering Technicianr~'~' Right of Way and Easement Acceptance, Boones Ferry Road RECOMMENDATION: It is being recommended that the City Council accept the Right of Way Dedication, Permanent and Temporary Utility easement from the Woodbum School District as described on Attachment "A", "B" and "C". BACKGROUND: The improvement of Boones Ferry Road between State Highway 214 and Goose Creek requires that properties be acquired for the realigned project. The Right of way, Attachment "A", Permanent Easement Attachment "B" and Temporary Easement Attachment "C" are being conveyed by the Woodburn School District in conjunction with the next phase of the Boones Ferry Road Improvement, from State Highway 214 to Goose Creek. DISCUSSION: The Right of way conveyance vades in width but is approximately 8,000 square feet. This is in addition to the previous 12.5 feet wide strip previously conveyed to the city. The permanent utility easement is 10 feet in width and will provide an area for he relocation of franchised utilities in conjunction with the improvement. The temporary easement covers the existing parking lot area west of the school building. This easement will allow the city to use the area for staging during construction and allow certain improvements necessary for the shifted street alignment. Agenda Item Review: City Administrator ~ City Attorney Financ~ 45 Mayor and City Council March 18, 2004 Page 2 FINANCIAL IMPACT: The $25,000 funding required for the conveyance, and associated improvement costs needed to complete the project, is outlined in the council approved resolution and ordinance. Attachments: Attachment "A", Right of Way Conveyance Attachment "B", Permanent Utility Easement Attachment "C", Temporary Utility Easement ....~- FORM. Warranty Deed (individual or corporate} ~ · I ,~-S,~.~l-ll)l~-.~t'~ · WARRANTY DEED KlqOW ALL MEN BY THESE PRE3EblTS, That Woodburn School District No. Io3C of Marion Cotmty, hereinafter lcd the grantor, for the consideration hereinafter stated, to grantor paid by CITY OF WOODBURN, A MUNICIPAL CORPORATION, ~inafter called the grantee, does hereby grant, ba~ain, sell and convey unto the said grantee and grantee's heirs, successors and assigns, that cain real property, with the tenementS, bereditament~ and appurtenances thereunto belonging or appertaining, situated in the Count)' of ,rlon and State of Oregon. described as follows, to-wit: AS DESCRIBED ON EXHIBIT "A" ATTACHED (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. . . . And said grantor hereby covenants to and with said grantee and grantee's heirs, successors and assigns, that grantor ~s lawfully seized m fee mple of the above granted premises, free from all encumbrances nd that grantor will warrant and forever defend the said premises and ever~ part and parcel thereof against the lawful claims and demands of all ersons whomsoever, except those claiming under the above described encumbranceS. The true and actual consideration paid for this transfer, stated in terms of dollam, is :~ 22.000.00 ~ow~ the ~t~al con~der~on co.~? o.f.o,~ includee o~ p~ope~/or value 0~e,. or vhole/pert of the considera'don (indicate wmcn). (The sentence between ~e symbols, if not appacame, snou~ De deleted. See ORS93.030.) In construing this deed and where the context so requireS, the Nnguler includes the plural and all grammatical chenge~ shall be implied to hake the p~ovisiona hereof apply equally to corporations and to individual~. in W-~:nes~ Whereof, the grantor has executed this instrument this [~ dayof I,/J/~A~c~ji .,2004; a corporate grantor, it has caused its name to be signed and its eeal affixed by an officer or other parson duly authorized to do so by order of its :)oard of directors. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE-SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECKWlTH THE APPROPRIATE CITY OR CouNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. STATE OF OREGON, County of This instrument was acknowledged before me on by This instrument was ackn~wIx~lged .~:)efore~ me on ~, 2004, Accepted by the by Woodbum City Council as - ~,-,~.~.._'"~ ~-~'[t~-~' on ,2004 of ~J;,,,~,~, <;mo~i City Recorder ~tl, w,¥ ~,,.31~{.~. (--- Notary Public for Oregon ~'~. ~:)~-- e-~ e ~1 My commission expires .... 2004, i OFFICIAL SEAL RANDY SCOTI' NOTARY PUBLIC-OREGON COMMiSSiON NO. 357628 MY COMM!SSION EXPIRES MAY 9, 2{306 GRANTOR'S NAME AND ADDRESS Cef o~ Woodbum Public Works Department Z'/O 1~3~romery Stree{ Woodbum. OR. 97071 GRANTEE'S NAME AND ADDRESS Afte~ recording return lO: C~b/of Woodbum Pu~c Wod(s Department 270 f~3ntrome~y Stre~ W(xxJburn, OR. 97071 NAME. ADDRESS, ZIP Until · change i~ requested all tax statements ~bell be ~ to tl~e follou~g address: CI~/o~ Wo~Jbum 270 Monlromeq Stre~ Wecxllx~l, OR. 97071 NAME. ADDRESS, ZIP SPACE RESERVED FOR RECORDER'S USE State of Oregon }~ CounW of Madon I cerlJfy that the within instru- ment was received for record on the .day of ,20~, at o'clock ~M., and recorded in bookJreelNolume No.~,on page or as fee/file/instru- mentJmicrofilrrdreceplJon No Record o1' Deeds of said county. W'~ness my hand and seal of County affixed. Name Title By Deputy A I"I'AI~HIVH~IN'I' "A" ATTACHMENT "A" Exhibit "A" Street Right-Of-Way Beginning at a point 42.50 feet westerly at a right angle to Engineer's Centerline Station 0+31.92, (Boone's Ferry Road), thence N88°54'00"W, along the northerly right-of-way line of Oregon State Highway 214, a distance of 18.40 feet to a point; thence NI3°00'00"E a distance of 186.87 feet to a point; thence Northeasterly, along the arc ora 1225.14 feet radius curve right (the chord of which bears N16°04'56"E 131.75 feet), an arc distance of 131.81 feet to a point of reverse curvature; thence Northeasterly, along the arc ofa 1196.14 feet radius curve left (the chord of which bears N 16°04'56"E 128.63 feet), an arc distance of 128.69 feet to a point; thence N 13°00'00"E a distance of 424.89 feet to a point; thence Northeasterly, along the arc of a i 91.00 feet radius curve right (the chord of which bears N18°52'24'' E 39.13 feet), an arc distance of 39.20 feet to a point 42.50 feet westerly at a right angle to Engineer's Station 9+38.8 i, (Boone's Ferry Road); thence S 13°00'00"W a distance of 906.89 feet to the point of beginning. Map Tax Lot 015W07BD02300 49 UTILITY EASEMENT A'I"I'At, JHIVll~I~I I "~ -- KNOW ALL MEN BY THESE PRESENTS, that WOODBURN SCHOOL DISTRICT NO. 103C of Marion County, for the consideration of One Dollar ($3,000.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Municipal Corporation of Marion County, Oregon referred to herein as the CITY, a permanent right-of-way and easement over and along the full width and length of the premises described as follows, to wit: AS DESCRIBED ON EXHIBIT "A" ATTACHED with the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, utility pipeline or pipelines, sidewalks, bikelanes and/or traffic control devices, with all appurtenances incident thereto or necessary therewith, in, under and across the said premises, and to cut and remove from said right-of-way any trees and other obstructions which may endanger the safety or inter[ere with the use of said pipelines, or appurtenances attached or connected therewith; and the right of ingress and egress to and over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE CITY SHALL, upon each and every occasion that such utility facility is constructed, maintained, replaced, reconstructed or removed, or added to, restore the premises of the Grantors, and any improvement disturbed by the City, to as good condition as they were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable compensation. THE GRANTORS, heirs and assigns, reserve the right to use the premises for walkways, driveways, planting, and related purposes, and all utility facilities shall be at a depth consistent with these purposes. EXCEPTION: No structure shall be placed within the easement, or within 45° projection upward from the bottom of the pipe. Grantor Accepted by the Woodbum City Council on _, 2004 Mary Tennant, City Recorder C~ of Woodbum, Oregon STATE OF OREGON ) ) SS COUNTY OF MARION ) On this the ~ day of J~J~'C,~ 2004. before me a Notary Public in and for the County and State personally appeared. known to me to be the same person whose name is subscribed to the within instrument and acknowledged that they voluntarily executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ RANDY $co'Fr ' (.-~N~'I:ARY PU ORE~ NOTARY PUBLIC-OREGON COMMISSION NO. 357628 IvIy CommiSsion Expires: ~ I ~-'J~'~ ~ C0MM,SS~0. ~X.~.~S MAY 9, 200~ 50 ,/ ATTACHMENT "B" Exhibit "A" Public Utility Easement Beginning at a point 60.50 feet westerly at a right angle to Engineer's Centerline Station 0+28.13, (Boone's Ferry Road); thence N88o54'OO,,W, along the northerly right-of-way line of Oregon State Highway 214, a distance of 10.22 feet to a point; thence N I3°00'00',E a distance of 188.98 feet to a point; thence Northeasterly, along the arc ora 1235.14 feet radius curve right (the chord of which bears N I 6°04'56,,E 132.83 feet), an arc distance of 132.89 feet to a point of reverse curvature; thence Northeasterly, along the arc ofa 1186.14 feet radius curve left (the chord of which bears N I6°O4'56,,E 127.55 feet), an arc distance of 127.62 feet to a point; thence NI3°00'00"E a distance of 424.89 feet to a point; thence Northeasterly, along the arc of a 201.00 feet radius curve right (the chord of which bears N18o43'40,, E 40.12 feet), an arc distance of 40.19 feet to a point; thence NI3O00,00,,E a distance of 57.58 feet to a point on the easterly extension of the south line of Henry's Farm as said subdivision is recorded in the Marion County Book of Town Plats in Volume 41, Page 46; thence S87o21 '00"E a distance of 10.17 feet to a point; thence SI 3°00'00"W a distance of 60.40 feet to a point; thence southwesterly, along the arc of a 191.00 feet radius curve left (the chord of which bears S18°52'24,,W 39.13 feet), an arc distance of 39.20 feet to a point; thence S 13o00,O0,,W a distance of 424.89 feet to a point; thence southwesterly, along the arc ora 1196.14 feet radius curve right (the chord of which bears S16°04'56"W 128.63 feet), an arc distance of 128.69 feet to a point of reverse curvature; thence southwesterly, along the arc of a 1225.14 feet radius curve left (the chord of which bears S 16°05'56"W 13 !. 75 feet), an arc distance of 131.81 feet to a point; thence S ! 3°00'O0"W a distance of 186.87 feet to the point of beginning. Map Tax Lot 015W071~lD02300 151 ATTACHMENT "B" ,I I I ATTACHMENT "C" TEMPORARY WORKING EASEMENT KNOW ALL MEN BY THESE PRESENTS, that WOODBURN SCHOOL DISTRICT NO. 103C of Marion County, for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Municipal Corporation of Marion County, Oregon referred to herein as the CITY, a TEMPORARY right-of-way and easement over and along the full width and length of the premises described as follows, to wit: The Temporary Working Easement expires one year from the date of the grantors execution of this instrument AS DESCRIBED ON EXHIBIT "A" ATTACHED with the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove. and add to, utility pipeline or pipelines, sidewalks, vehicle parking and travel/access areas, with all appurtenances incident thereto or necessary therewith, in, under and across the said premises, and to cut and remove from said right-of-way any trees and other obstructions which may endanger the safety or interfere with the use of said pipelines, or appurtenances attached or connected therewith; and the right of ingress and egress to and over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. Grantor Accepted by the Woodburn City Council on ,2004 Mary Tennant, City Recorder City of Woodbum, Oregon STATE OF OREGON ) ) SS COUNTY OF MARION ) On this the [~ day of ~'C.~ 2004, before me a Notary Public in and for the County and State personally appe~ed~L...{- known to me to be the same person whose name is subscribed to the within instrument and acknowledge, I that they voluntarily executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ I '~'":~, ~-"IClALSEAL NOTARY~ FOR OREGON ~ ,~DY sco3'r · .,'h.,~MiSL~ION NO. 357628 My Commission Expires: MY ~0Mt.4!?,Sl~:h EXPIRES MAYg, 2006 53 ATTACHMENT "C" Exhibit "A" Temporary Working Easement Beginning at a point 60.50 feet westerly at a right angle to Engineer's Centerline Station 2+18.49, (Boone's Ferry Road); thence N77°00'00"W a distance of 68.56 feet to a point; thence NO 1 o 18' 18"E a distance of 85.20 feet to a point; thence S88°41 '42"E a distance of 15.00 feet to a point; thence N01°17'45"E a distance of 261.52 feet to a point; thence S88°53'07"E a distance of 49.98 feet to a point; thence N01°06'05"E a distance of 404.31 feet to a point on the south line of Henry's Farm as said subdivision is recorded in the Marion County Book of Town Plats in Volume 4 l, Page 46; thence S87°21 '00"E, along said south line of Henry's Farm, a distance of 179.57 feet to a point; thence S 13°00'00"W a distance of 60.40 feet to a point; thence southwesterly, along the arc of a 191.00 feet radius curve left (the chord of which bears S18°52'24"W 39.13 feet), an arc distance of 39.20 feet to a point; thence S13°00'00"W a distance of 424.89 feet to a point; thence southwesterly, along the arc ora 1196.14 feet radius curve right (the chord of which bears S 16°04'56"W 128.63 feet), an arc distance of 128.69 feet to a point of reverse curvature; thence southwesterly, along the arc ofa 1225.14 feet radius curve left (the chord of which bears S16°09'50"W 128.26 feet), an arc distance of 128.32 feet to the point of beginning. Map Tax Lot 015W07BD02300 ATTACHMENT "C" Woo ) u N Inccrp~r,t~ed 11A March 22, 2004 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Jim Mulder, Director of Community Development;'~')"q Zone Change 03-02; Request to change ~Jhe zoning map designation of the property located at 1840 Newberg Highway (Hwy. 214) from Single Family Residential (RS) to Commercial Office (CO). RECOMMENDATION: It is recommended that the City Council approve Zone Change 03-02 and instruct staff to prepare an ordinance to substantiate the Council's decision. BACKGROUND: The subject property is located at 1840 Newberg Highway, which is on the south side of Highway 214 immediately to the east of the S-curve and west of the Woodburn Fire District's main station. The subject property is zoned Single Family Residential (RS), designated as Commercial on the Woodburn Comprehensive Plan Map and consists of three tax lots (Township 5 South, Range 2 West, Section 12DA, Tax Lots 3500, 3600, and 3700) that total 1.48 acres in size. Tax lot 3500 contains an existing single-family dwelling. The subject property is flat and mostly grass and contains some trees adjacent to the single-family dwelling. The Planning Commission held a public hearing on this proposal at its February 12, 2004 meeting. At its meeting of February 26, 2004, the Planning Commission adopted a final order recommending that the City Council approve Zone Change 03-02. DISCUSSION' The Planning Commission's final order, staff report, and minutes are attached for the City Council's review. Agenda Item Review: City Administrat~,~jd"'~ City Attorney FinanceJ~/~ Mayor and City Council March 22, 2004 Page 2 FINANCIAL IMPACT: The recommended action would likely result in the development of the subject property with land uses that would generate greater property tax revenues than the current zoning would. ATTACHMENTS: Attachment A- Planning Commission Final Order dated 2-26-04 Attachment B - Planning Commission Staff Report dated 2-12-04 Attachment C - Planning Commission Minutes of 2-12-04 ATTACHMENT A IN THE PLANNING COMMISSION OF WOODBURN, OREGON ZONE CHANGE 03-02 FINAL ORDER WHEREAS, a request was made by David Mendenhall, the applicant, to'change the zoning map designation of the property located at 1840 Newberg Highway from Single Family Residential (RS) to Commercial Office (CO), and; WHEREAS, t he Planning Commission reviewed t he matter a t t heir meeting of February 12, 2004, and; WHEREAS, the Planning Commission considered the written and oral testimony presented by staff, the applicant, and other interested persons, and; WHEREAS, the Planning Commission closed the headng, and; WHEREAS, the Planning Commission moved to recommend that the City Council approve Zone Change 03-02, and instructed staff to prepare findings and conclusions. NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COMMISSION: The Planning Commission hereby recommends that the City Council approve Zone Change 03-02, based on the findings and conclusions contained in Exhibit "A", which are attached hereto and by reference incorporated herein. Approved: Claudio Lima, Chairperson Date ZC03-02 58 Page 1 EXHIBIT "A" FINDINGS AND CONCLUSIONS Zone Change 03-02 II. III. APPLICATION INFORMATION: Applicant: David Mendenhall 7486 SW Lakeside Loop Wilsonville, OR 97070 Property Owner: Tim Brown P.O. Box 419 Woodbum, OR 97071 NATURE OF APPLICATION: The applicant proposes to change the zoning map designation of the property located at 1840 Newberg Highway (Hwy. 214) and identified by the Marion County Tax Assessor as Township 5 South, Range 2 West, Section 12DA, Tax Lots 3500, 3600, and 3700, from Single Family Residential (RS) to Commercial Office (CO). RELEVANT FACTS: The subject property is zoned Single Family Residential (RS), designated as Commercial on the W oodbum Comprehensive Plan Map and located at 1840 Newberg Highway, which is on the south side of Highway 214 immediately to the east of the S-curve. The property is 1.48 acres in size (approx. 47,665 square feet) and consists of three tax lots (mentioned previously). Tax lot 3500 contains an existing single-family dwelling. The subject property is fiat and mostly grass. ^ few small trees are located adjacent to the single family dwelling in the front and one medium to large fir tree is located behind the home. According to the local wetlands inventory, there are no wetlands on the subject property. The FEMA flood map (41047C0138G) shows the subject parcel to be outside the 500-year floodplain. The applicant states the subject property, proposed to be rezoned, and the property to the south have entered into an agreement to provide public water, sewer and storm drainage via an easement. The applicant has applied with the Oregon Department of Transportation (ODOT) to share access to Highway 214 (Newberg Highway) with the Woodbum Fire District by using the Fire District's westerly driveway soon to be constructed. ZC03-02 59 Page 2 IV. The adjacent property to the east is zoned Public and Semi-Public (P/SP), designated as Public Use on the Woodbum Comprehensive Plan Map and is in use by the Woodbum Fire District (1776 Newberg Highway). The adjacent property to the south is zoned Single Family Residential (RS) and designated Residential Less Than 12 Units Per Acre on the Woodbum Comprehensive Plan Map. A preliminary subdivision approval was recently given on the southerly property for 1 0 single-family lots. T he adjacent property to the west is zoned Medium Density Residential (RM) and designated, as Commercial on the Woodburn Comprehensive Plan Map. This property to the west has been developed with a 47-unit retirement home (Colonial Gardens). The adjacent properties to the north (across Highway 214) are zoned Retirement Community Single Family Residential (RlS), designated Residential Less Than 12 Units Per Acre on the Woodbum Comprehensive Plan Map and are built out with single- family homes. RELEVANT APPROVAL CRITERIA: Zone Change 03-02: WOODBURN DEVELOPMENT ORDINANCE Section 5.104.04 Zoning Map Change; Owner Initiated B. WOODBURN COMPREHENSIVE PLAN FINDINGS: Aw Woodburn Development Ordinance Section 5.t04.04 Zoning Map Change;'Owner Initiated: Section 5.104.04.C Criteria. Evidence proving a need for the proposed use and the other permitted uses within the proposed zoning designation. FINDING: There is no specific use proposed with this application. The applicant states that the owner plans to develop the property with an office structure. The City has approved at least six developments in the last few years to construct or expand office facilities in CO zones, demonstrating a consistent need for the uses permitted in the CO zone. The Woodbum Comprehensive Plan Map designates the subject property as Commercial and the Woodbum Comprehensive Plan (Page 79, X. The Land Use Plan, B. Commercial Lands) calls out the commercial land at the S-curve near Cascade Ddve to be used for "low traffic generating uses such as offices and other service centers." These facts demonstrate that office use was originally planned for this parcel ZC03-02 60 Page 3 and that there is a need for additional office space in the City of Woodbum. g Evidence that the subject property best meets the need relative to other properties in the existing developable land inventory a Iready designated with t he same z one considering size, location, configuration, visibility and other significant attributes of the subject property. FINDING: Currently there are only two large (>44,000 square feet) vacant parcels that are zoned Commercial Office (CO) in the City of Woodburn. One parcel is located in the middle of the S-curve on the north side of Highway 214 and the other parcel is located behind (on the east side of) Safeway on Highway 211. Two small (< 6,000 square feet), vacant, Commercial Office (CO) zoned parcels are also located on Settlemier Road and one medium size vacant CO parcel is located in the Ray J. Glatt Circle office park. As stated above, the City has approved at least six developments in the last few years to construct or expand office facilities in the CO zone. These developments have significantly reduced the inventory of developable land designated for office uses. The Comprehensive Plan Map designates this property as Commercial. The existing zoning of RS is inconsistent and conflicts with the Comprehensive Plan Map designation. The Comprehensive Plan text indicates that the intended land use on the subject property is to be office use. The location of this property on Highway 214 provides good visibility for a business. The combined size of the tax lots (1.48 acres) are large enough to build an adequate size building while providing the required parking. The applicant has stated that he has applied with the Oregon Department of Transportation (ODOT) to share access to Highway 214 (Newberg Highway) with the Fire Department by using the Fire District's westerly driveway soon to be constructed. The property is flat and rectangular in shape. These attributes suggest that the property will be relatively easy to design for office use. Rezoning this property from Single Family Residential (RS) to Commercial Office (CO) will help prevent a deficit in commercial land, especially Commercial Office (CO) zoned land which is already in short supply. Woodburn Comprehensive Plan As demonstrated below, this proposal complies with the Woodburn Comprehensive Plan. , IX. Goals and Policies B. Commercial Land Development Policies ZC03-02 61 Page 4 Commercial office and other Iow traffic generating commercial retail uses can be located on collectors or in close proximity to residential areas if care in architecture and site planning is exercised. The City should insure by proper regulations that any commercial uses located close to residential areas have the proper architectural and landscaping buffer zones. FINDING: Changing the zoning designation from Single Family Residential (RS) to Commemial Office (CO) will comply with the above policy. The subject property is located on Highway 214, which is designated as a Major Arterial in the Woodbum Transportation System Plan (TSP). The subject property is located adjacent to residentially zoned property. The Woodburn Development Ordinance (WDO) insures that the proper architectural design and landscape buffer zones will be used. These design elements are reviewed under the Design Review process. X. The Land Use Plan B. Commercial Lands Commercial lands also pose difficulty in deciding their proper location because of the high traffic, which is generated by commercial uses and the necessity for good transportation facilities Improvements. They also can impact quite severely on adjacent residential uses and this must be considered in their location, and especially in their zoning. The commercial areas of the city should be aimed to develop at higher densities Instead of a sprawling type development. There are basically four major commercial areas in Woodburn, and they should serve the City for the foreseeable future. The first commercial area which the City developed was the downtown. It is located on both sides of a railroad track and despite problems in the recent past, it has remained an essential part of the City's economy. It is in a transitional stage at present as it no longer serves as the center of retailing for Woodbum. It presently suffers from a lack of maintenance and outmodled buildings. These need to be remodeled and updated so it can provide a greater share of Woodburn's services in the future. The second large commercial area which has developed in the City is the commercial strip along Highway 99E. The strip zoning along 99E has caused many problems in the City of Woodburn. This is ZC03-02 62 Page 5 because this type of development is the least efficient use of commercial land and highway frontage. While there is little which can be done with the areas which have already been developed, some of this will be redeveloping in the future, especially north of Lincoln Street. Access control policies shall be observed when street improvements occur. The third large area of commercial development in the City is the Interstate-5 Interchange. This contains one small shopping center already and a large amount of highway related uses. In general, commercial uses on the west side of the freeway should be limited to highway related Interchange type uses, while on the east side -a more general commercial nature should be encouraged. There are approximately 60 acres available for development located southwest of Evergreen Road. This land should be developed as a large integrated shopping center when Woodburn's population justifies it. The fourth commercial area is the 214/211/99E "Four Comers" intersection. This area has become an important commercial district within the city. This "Four Comers" area serves as a more local retail service center. This commercial district could realize more development in the future. In this area development should be densifled so as to not create another commercial strip development. In addition to these four major areas there ara two other minor commercial areas, both of which are set aside for office uses. One at the S-Curve near Cascade Drive and State Highway 214 and one at the northwest quadrant of the intersection of Settlemler Avenue and State Highway 214. To minimize the impact along State Highway 214 only Iow traffic generating uses such as offices and other service centers should be located. Retail uses are not consistent with the overall plan concept for these two areas. FINDING: The Woodbum Comprehensive Plan Map designates the subject property as Commercial and the Woodburn Comprehensive Plan (text) calls out the commercial land at the S-curve near Cascade Drive to be "set aside for office uses." Office use was originally chosen for this property because it is a Iow traffic generating use, which will minimize the impact to Highway 2 14. T he applicant states t hat he h as applied with the Oregon Department of Transportation (ODOT) to share access to Highway 214 (Newberg Highway) with the Fire District by using the Fire District's westerly driveway soon to be constructed. If the access is approved by ODOT, combining driveways should lessen the impact to Highway 214 and improve safety by shifting the driveway away from the ZC03-02 63 Page 6 VI. S-curve, which will improve visibility. These facts demonstrate that office use was originally planned for this parcel and that the zone change proposal and future development will comply with the goals of the Comprehensive Plan. CONCLUSION AND RECOMMENDATION: Based on the information in this report, the information provided by the applicant and the applicable review criteria, findings required to approve Zone Change 03-02 can be made, therefore, the Planning Commission recommends that the City Council approve Zone Change 03-02. ZC03-02 Page 7 AI'I'ACHMENT B CITY OF WOODBURN, OREGON PLANNING COMMISSION STAFF REPORT February 12, 2004 Zone Change 03-02 II. III. APPLICATION INFORMATION: Applicant: David Mendenhall 7486 SW Lakeside Loop Wilsonville, OR 97070 Property Owner: Tim Brown P.O. Box 419 Woodbum, OR 97071 NATURE OF APPLICATION: The applicant proposes to change the zoning map designation of the property located at 1840 Newberg Highway (Hwy. 214) and identified by the Marion County Tax Assessor as Township 5 South, Range 2 West, Section 12DA, Tax Lots 3500, 3600, and 3700, from Single Family Residential (RS) to Commercial Office (CO). RELEVANT FACTS: The subject property is zoned Single Family Residential (RS), designated as Commercial on the Woodbum Comprehensive Plan Map and located at 1840 Newberg Highway, which is on the south side of Highway 214 immediately to the east of the S-curve. The property is 1.48 acres in size (approx. 47,665 square feet) and consists of three tax lots (mentioned previously). Tax lot 3500 contains an existing single-family dwelling. The subject property is flat and mostly grass. A few small trees are located adjacent to the single family dwelling in the front and one medium to large fir tree is located behind the home. According to the local wetlands inventory, there are no wetlands on the subject property. The FEMA flood map (41047C0138G) shows the subject parcel to be outside the 500-year floodplain. The applicant states the subject property, proposed to be rezoned, and the property to the south have entered into an agreement to provide public water, sewer and storm drainage via an easement. The applicant has applied with the Oregon Department of Transportation (ODOT) to share access to Highway 214 ZC03-02 65 Page 1 IV. (Newberg Highway) with the Woodburn Fire District by using the Fire District's westerly driveway soon to be constructed. The adjacent property to the east is zoned Public and Semi-Public (P/SP), designated as Public Use on the Woodbum Comprehensive Plan Map and is in use by the Woodbum Fire District (1776 Newberg Highway). The adjacent property to the south is zoned Single Family Residential (RS) and designated Residential Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan Map. A preliminary subdivision approval was recently given on the southerly property for 1 0 s ingle-family lots. T he adjacent property t o t he west is zoned Medium Density Residential (RM) and designated as Commercial on the Woodburn Comprehensive Plan Map. This property to the west has been developed with a 47-unit retirement home (Colonial Gardens). The adjacent properties to the north (across Highway 214) are zoned Retirement Community Single Family Residential (R1S), designated Residential Less Than 12 Units Per Acre on the Woodbum Comprehensive Plan Map and are built out with single- family homes. RELEVANT APPROVAL CRITERIA: Zone Change 03-02: ko WOODBURN DEVELOPMENT ORDINANCE Section 5.104.04 Zoning Map Change; Owner Initiated B. WOODBURN COMPREHENSIVE PLAN ANALYSIS: A. Woodburn Development Ordinance Section 5.104.04 Zoning Map Change; Owner Initiated: Section 5.104.04.C Criteria. Evidence proving a need for the proposed use and the other permitted uses within the proposed zoning designation. STAFF COMMENT: There is no specific use proposed with this application. T he a ppi,cant states that the owner plans to develop the property with an office structure. The City has approved at least six developments in the last few years to construct or expand office facilities in CO zones, demonstrating a consistent need for the uses permitted in the CO zone. The Woodbum Comprehensive Plan Map designates the subject property as Commercial and the Woodbum Comprehensive Plan (Page 79, X. The Land Use Plan, B. Commercial Lands) calls out the ZC03-02 66 Page 2 commercial land at the S-curve near Cascade Drive to be used for "low traffic generating uses such as offices and other service centers." These facts demonstrate that office use was originally planned for this parcel and that there is a need for additional office space in the City of Woodburn. e Evidence that the subject property best meets the need relative to other properties in the existing developable land inventory a Iready designated with t he same z one considering size, location, configuration, visibility and other significant attributes of the subject property. STAFF COMMENT: Currently there are only two large (>44,000 square feet) vacant parcels that are zoned Commercial Office (CO) in the City of Woodbum. One parcel is located in the middle of the S-curve on the north side of Highway 214 and the other parcel is located behind (on the east side of) Safeway on Highway 211. Two small (< 6,000 square feet), vacant, Commercial Office (CO) zoned parcels are also located on Settlemier Road and one medium size vacant CO parcel is located in the Ray J. Glatt Circle office park. As stated above, the City has approved at least six developments in the last few years to construct or expand office facilities in the CO zone. These developments have significantly reduced the inventory of developable land designated for office uses. The Comprehensive Plan Map designates this property as Commercial. The existing zoning of RS is inconsistent and confiicts with the Comprehensive Plan Map designation. The Comprehensive Plan text indicates that the intended land use on the subject property is to be office use. The location of this property on Highway 214 provides good visibility for a business. The combined size of the tax lots (1.48 acres) are large enough to build an adequate size building while providing the required parking. The applicant has stated that he has applied with the Oregon Department of Transportation (ODOT) to share access to Highway 214 (Newberg Highway) with the Fire Department by using the Fire District's westerly driveway soon to be constructed. The property is fiat and rectangular in shape. These attributes suggest that the property will be relatively easy to design for office use. Rezoning this property from Single Family Residential (RS) to Commercial Office (CO) will help prevent a deficit in commercial land, especially Commercial Office (CO) zoned land which is already in short supply. Woodburn Comprehensive Plan As demonstrated below, this proposal complies with the Woodbum Comprehensive Plan. IX. Goals and Policies ZC03-02 6'7 Page 3 B. Commercial Land Development Policies Commercial office and other Iow traffic generating commercial retail uses can be located on collectors or in close proximity to residential areas if care in architecture and site planning is exercised. The City should insure by proper regulations that any commercial uses located close to residential areas have the proper architectural and landscaping buffer zones. STAFF COMMENT: Changing the zoning designation from Single Family Residential (RS) to Commercial Office (CO) will comply with the above policy. The subject property is located on Highway 214, which is designated as a Major Arterial in the Woodbum Transportation System Plan ('I'SP). The subject property is located adjacent to residentially zoned property. The Woodbum Development Ordinance (WDO) insures that the proper architectural design and landscape buffer zones will be used. These design elements are reviewed under the Design Review process. X. The Land Use Plan B. Commercial Lands Commercial lands also pose difficulty in deciding their proper location because of the high traffic, which is generated by commercial uses and the necessity for good transportation facilities improvements. They also can impact quite severely on adjacent residential uses and this must be considered in their location, and especially in their zoning. The commercial areas of the city should be aimed to develop at higher densities Instead of a sprawling type development. There are basically four major commercial areas in Woodburn, and they should serve the City for the foreseeable future. The first commercial area which the City developed was the downtown. It is located on both sides of a railroad track and despite problems in the recent past, it has remained an essential part of the City's economy. It is in a transitional stage at present as it no longer serves as the center of retailing for Woodburn. It presently suffers from a lack of maintenance and outmodled buildings. These need to be remodeled and updated so it can provide a greater share of Woodburn's services in the future. ZC03-02 68 Page 4 The second large commercial area which has developed in the City is the commercial strip along Highway 99E. The strip zoning along 99E has caused many problems in the City of Woodburn. This is because this type of development is the least efficient use of commercial land and highway frontage. While there is little which can be done with the areas which have already been developed, some of this will be redeveloping in the future, especially north of Lincoln Street. Access control policies shall be observed when street improvements occur. The third large area of commercial development in the City is the Interstate-5 Interchange. This contains one small shopping center already and a large amount of highway related uses. In general, commercial uses on the west side of the freeway should be limited to highway related interchange type uses, while on the east side -a more general commercial nature should be encouraged. There are approximately 60 acres available for development located southwest of Evergreen Road. This land should be developed as a large integrated shopping center when Woodburn's population justifies it. The fourth commercial area is the 214/211/99E "Four Corners" intersection. This area has become an important commercial district within the city. This "Four Corners" area serves as a more local retail service center. This commercial district could realize more development in the future. In this area development should be densifled so as to not create another commercial strip development. In addition to these four major areas there are two other minor commercial areas, both of which are set aside for office uses. One at the S-Curve near Cascade Drive and State Highway 214 and one at the northwest quadrant of the intersection of Settlemler Avenue and State Highway 214. To minimize the Impact along State Highway 214 only Iow traffic generating uses such as offices and other service centers should be located. Retail uses are not consistent with the overall plan concept for these two areas. STAFF COMMENT: The Woodbum Comprehensive Plan Map designates the subject property as Commercial and the Woodbum Comprehensive Plan (text) calls out the commercial land at the S-curve near Cascade D rive t o b e "set aside for o rice uses." O rice u se w as originally chosen for this property because it is a Iow traffic generating use, which will minimize the impact to Highway 214. The applicant states that he has applied with the Oregon Department of Transportation (ODOT) to share access to Highway 214 (Newberg Highway) with the ZC03-02 69 Page 5 VI. VII. Fire District by using the Fire District's westerly driveway soon to be constructed. If the access is approved by ODOT, combining driveways should lessen the impact to Highway 214 and improve safety by shifting the driveway away from the S-curve, which will improve visibility. These facts demonstrate that office use was originally planned for this parcel and that the zone change proposal and future development will comply with the goals of the Comprehensive Plan. CONCLUSION AND RECOMMENDATION: Based on the information in this report, the information provided by the applicant and the applicable review criteria, findings required to approve Zone Change 03-02 can be made, therefore, staff recommends approval of Zone Change 03-02. ATTACHMENTS Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Zone Change application Zone Map Comprehensive Plan Map Assessor Map ZC03-02 7O Page 6 WOODBURN Community Development Del~rtment 270 Montgomery Street · Woodbum, Oregon 97071 Phone: 503-982-5246 · File No: Z~,, 03...~L Fax: 503-982-5244 · Website Address: www.d.woodbum.or, us General ZnformaUon: UNIFORM APPLICATION Telephone & Fax No,: E-mell Telephone & 2 ~ ANNEXAI'ZON 3 n APPEAL TO CI'TY (X)UNOL 4 n CONP. PLAN NAP CHANGE 5 n CONDmON~ USE 7 n DESIGN REVIEW 8 [] E)(,u~'mK)N'TO ST. ROW&~REQ. 9 ri EXTENSZON FOR A DEV. DECIS/ON 10 n FKE & Fm~ ;l'mOm~ W~U.,L I~.,0::Xq~ nSZ 11 D GRADING I:~RHIT 12 O mSTOmC O1~ ~ S~I. :-iC,S~r:ClFlC CU CerUflcaUon: ]3 [3 FORHAL ~tTB~rTA~ OF THE WDO 14 o MDP PREL[HINARY APPROVAL 15 o MDP F/NAL PLAN APPROVAL 16 O MODIFICATION OF OONDIT[ONS 17 0 PART'rD~ON PREI.~MXNARY APPROVAL 18 [] PAR'FJ'TZON F'XNAL PI.AT ~OVAL 19 o PHAS/NG ~ 20 o PUD PREliMINARY PU~ APPROVAl. 21 O PUD DES/GN PLAN F~NAL APPROVAL 22 o PUD RNAL PLAN APPROVAL 23 [] LLA & CONSOLIDATION O~ LOTS 26 o SWOD PERHTF ' 27 [] SPEC/AL L_~-~_ AS A CU 28 [] SUB. PRR TI~NARY APPROVAL 29 [] SUB. fiNAL PLAT APPROVAL 31 [] TEMPORARY (XHD(X)R PERt4~ 32 o TREE RBqOV~ PERNIT 33OV~ 34 o 2OI~NG ,~D_IUSTHEN*T 35 B~ONE CHANGE 36 o OTHER: ! hereby declare bhat as applicant for this pmfx)sal, ! have familiarized myself with the relevant provisions of the Oty of Woodbum knowledge (if applicant is , owner shall authodze Interest In the above referenced appllcaUon Owner: Applicant: Exhibit "A"' 71 Zone Map Chanl~e Attachment 1 & 2. Evidence proving a need for the proposed use and the other permitted uses within the proposed zoning designation; AND evidence 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. RESPONSE: The subject site is located south of Hwy 214 (Newberg Hwy) on the east side of the Colonial Arms Retirement Center, west of Woodburn Fire Department and north of two acres owned by the applicant currently being developed into a ten- lot sub-division. It is addressed as 1840 Newberg Hwy and is composed of three tax lots identified on Marion County Assessor Maps as Lots 3500, 3600 and 3700 of Halls Home Tracts. It is served by public water and sewer and storm drainage provided via underground piping from subject property to Lincoln Street to the south. An easement created between the owner of this subject property and the applicant of this proposal who owns the property immediately south of subject property and borders Lincoln Street has been entered into by both parties. The property is currently zoned Single-Family Residential District (RS) with a Comprehensive Plan Map designation of 72 Office Commercial. The property is 1.48 acres in size (64,771 sq.R.) and is virtually flat. There is currently a single-family home on tax parcel 3500. There are no trees on the property. The owner proposes to combine the three tax lots into one tax lot and at a future point in time develop the property into an office structure. The owner of the subject site is currently seeking to address the ingress and egress issues inherent in this property. An agreement with the Woodbum Fire Department to access their new driveway just to the east of the subject property under an easement agreement is being sought and, at. the same time, application with the Oregon Department of Transportation is being submitted for egress and ingress. Since the issue of ingress and egress has been addressed within the past few months, no conclusion has been made as to how the property will be served at this point. The main thrust at this juncture is to bring this property into like kind zoning with the Comprehensive Plan Map. Evidence supporting a need for the proposed change in zoning is found in the Base Case as presented in City of Woodbum's Buildable Lands and Urbanization Project Final Report dated February 7, 2000. Here one can chart recent Wends regarding buildable lands within the Woodbum Urban Growth Boundary (UBG) to the year 2020. This report addresses the strength or weakness of inventory regarding residential, commercial and industrial zoned property. It addresses the current status of these properties in light of what is expected in the near term and long term in regards to growth and management of land use needs. The consultants 73 in this study state that the estimated demand for low-density residential designated land in 20 years is 340.3 acres. The available buildable low-density residential land is 535 acres, leaving a capacity excess of 194.7 acres. And the consultants project a much greater surplus of low-density residential land in 20 years. The conversion of 1.48 acres of low-density land will not significantly effect the surplus of single family residential land in the next 20 years. The Base Case also concludes by stating "the land shortages occur in the commercial and industrial categories, while excess capacity exists for the residential land." The result of this study clearly indicates that our request for a zone change to office commercial will not damage inventory available for residential development but will instead serve to provide the additional inventory needed to fulfill demand for this type of zoned property. To summarize, the City of Woodbum is in need of commercial developable land. It is our understanding that land available for office commercial between 1-5 and Hwy. 99 to the east is very limited if any exists at all. With the street improvements on Newberg Hwy east of 1-5 in the near future, it becomes even more evident that a quality located office building in this area will serve the community in its on going growth toward meeting office space demand located near 1-5. Substantial evidence in the above mentioned report shows the proposed change in the land use designation complies with a) Statewide Planning Goals and Oregon Administrative Rules, 74 b) Comprehensive Plan goals and policies and c) Sustains the balance of needed land uses within the Woodburn Urban Growth Boundary. These goals and roles provide for meeting certain land use goals within the UGB. Changing the zoning on this particular acreage does not conflict with these goals and plans and the city recognizes this fact in having already favored the zone change on their Comprehensive Map to date. PAGE TBXS M:ZD IS ALSO ~ TO J, SSXCII TME.'VIIG3~'S IlIZIIBST IM %llA*r CEKI'AXII ~ · A"r~ HAIICII %, 1,0l&. A 182S31MiIMII (W' 'WIZI1 ~ ~ ~ S. 198& Zil ~ 3,36. i O~T~O,hh 5ch dm, e(__ September STATE OF OREGON.. Comly of. SGAL 76 STATTTFORY BARGAIN. AND SALK DEED : KNOW ALL bflD4 BY THESE PRESENt, dm DALE W. BAKER. Grantor, caaveys to · The true mid amd considatdos for rids .nnsfcr. stMaf In tams of do, hrs. is SNIL. H(m'cvu- thc acmd consideration comtsts of I d'wblon of russets up~ dissoludon of pm'uw:rsh;p. Umil a dm~e b reqae.~ dl m mmne.~ dull be se.~ la T'.um~f R. ~. ~ S~ ~. D-,-,dd~s, / d~),oflune, 199S. STATE OF OREGON -. ~)umy of Mario~ Personally ap~:ared DALE W. BAKEIK. who ~ duly sworn, did ny that tMs instrument wu si~ncd by him aM that he admo~l~ ~bb inslrmncnt to be hb voluntary act and de~d. Signed b~for~ m~ ~h;s ~ day of Jutu. 199~. ~261 Cmsmfy C:lub mdad 77 STATUTORY BARGAJZq A_ND SA3L.E DEED KNOW ALL, ~ BY TIII~SF. I*P. Es~q'~, that DALE W. BAIO~, Gramor. crmvcys to ,, % -___ .o~ ~,,,d...,, Para 34. ~ OI TOlm rmu my mm ~.~ ,,,~. --- -.: · ~'.-'.'~ ._.- .~_ v~,,nu---- 4o - ~ I~l Milt b'lC · l.m140. · distaJu~ og &,q~.w sera4 Wcsrer~y~ line of ~ · '-- of the WesUd,J half'of Saki Lm aO:. ubc'ncg ~Y STATI~ OF OREGON ) coumy of ~ ) by him and dmt J~e acknowIcdf,~s dds inr, tnmlcig, I0 I~ ms mmnar]' a~x m . Si[ncd bcl'o~ m~ this . ,/ day ~Ju~e, 19os. 78 Zone Change 03-02 David Mendenhall Zoning Map 847 Highway 214 IA~ Ac'ms 710 RS 0.1 0 0.1 0.2 Miles ~-~ Assessor's Taxlots Zoning Plan ~ cG ~ co ~ DDC ~ IL ~ IP .... NONE ~ PISP ~i~ RlS ~ RM RS Exhibit "B" Zone Change 03-02 David Mendenhall Comprehensive Plan Map y214 0.1 0 0.1 0.2 Miles ~-] Assessor's Tmdots Comprehensive Plan ~ COMMERCIAL ~ INDUSTRIAL ~ NONE ~ OPEN SPACE AND PARKS ~ PUBLIC USE ~ RESIDENTIAL (<12 UNITS/ACRE) ~ RESIDENTIAL (>12 UNITS/ACRE) 80 Exhibit "C" ,",",' N0.21,4, ' RE., OOR G LEAsuRE 3400 PLO ?m I 4011 I 8300 I I I I a600 I I ' ~ I~I~ I ? r ,, t ,, I ~8 1474 f,Q...,j I I I I I I I I I I I i I '1 I I I I I I ATrACHMENT C WOODBURN PLANNING COMMISSION February 12, 2004 CONVENED The Planning Commission met in a regular session at 7':00 p.m. in City Hall Council Chambers with Chairperson Lima presiding. ROLL CALL Chairperson Lima p Vice Chairperson Young A Commissioner Vancil p Commissioner GrigoHeff p Commissioner Mill p Commissioner Bandelow p Commissioner Lonergan A Staff Present: Jim Mulder, Community Development Director Victor RodHguez, Associate Planner Chairperson Lima provided an opening statement for Public Hearing. MINUTEs A. Woodburn Plannin~l Commission Minutes of January 8, 20@~. Commissioner Bandelow moved to accept the minutes as printed. Commissioner Gri.qorieff seconded the motion. Commissioner Mill referred to page 7 of the minutes and commented he did not see anything reflected in the minutes as to whether or not it was decided that newspaper tubes would be considered an advertising sign. Staff pointed out reference was made to Staff saying newspaper tubes would not be able to be placed on the mailbox post if the mailbox is in the right-of-way because that would then be a sign in the right-of-way. He thought there wasn't much more discussion about that issue after that point. Commissioner Vancil asked if all newspaper tubes would have to come down once the new ordinance goes into effect? Staff replied they would have to comply if the sign is in the right-of-way. ~ Commissioner Bandelow remarked they really are not supposed to be on the same post as the mailbox anyway. Staff explained Federal property falls under the exemption but not newspapers. He further stated the City Council would have to say they want the tubes removed. Commissioner Vancil said technically, if the ordinance is passed as written, then there is an official opinion by the Director of the department indicating it Ks illegal to have newspaper tubes on the mailbox. Staff interjected that would be correct if it is in the right-of-way. Moreover, it will be enforced if Staff is directed by the Council to do so. He further stated the exemption to allow signage in the right-of-way is only for City, State, Federal government and select quasi-public entities. Staff pointed out the minutes reflect the discussion regarding the newspaper tube issue. Planning Commission Meeting - February 12, 2004 Page 1 of 4 82 Motion unanimously carried. B_~. Special Woodburn Planning Commission Minutes of January 15, 2004 Commissioner Bandelow moved to accept the minutes as presented and Commissioner Vancil seconded the motion. Motion unanimously carried. Chairperson Lima inquired whether Commissioner Mill's term expired. Commissioner Mill stated the Mayor asked him to continue serving until they found a replacement. Staff reported he believed the Mayor intends to appoint someone at the next City Council meeting February 23rd. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS A. City Council Minutes of January 12, 2004 PUBLIC HEARING A_:. Zone Change 03-02, request to change zoning from Single Family Residential (RS) Commercial Office (CO) at 1840 Newberg Hwy., David Mendenhall, applicant. Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff recommended approval of the application based on the information in the report, the information provided by the applicant and the applicable review criteria. TESTIMONY BY THE APPLICANT Tim Brown, 295 Shenandoah Lane, Woodburn, OR 97071 represented the applicant, David Mendenhall, because he was out of State. He stated he owned the property for 20 years and it has always been designated Commercial and they wish to bring it into the City as such. Commissioner Bandelow mentioned the Fire Department has been approached about the possibility of using the second driveway and she inquired whether that has proceeded any further? Tim Brown responded No. He reported the Oregon Department of Transportation (ODOT) favored that but the Fire Department backed off on it. Mr. Brown noted there is already a cut on that property and they went back to ODOT to see if the cut could be used again. At the time the S-curve was put in, he and his partner were unaware they relinquished the right to that and they have to resubmit to ODOT a permit for the right. Furthermore, he said they prefer to do that instead of going through the Fire Department. TESTIMONY BY PROPONENTS None TESTIMONY BY OPPONENTS None DISCUSSION Chairperson Lima closed the public hearing and opened discussion among the Commissioners. Commissioner Mill stated he saw no fault with the project and it is a logical progression of the area and compatible with the zone around it. Commissioner Bandelow remarked it is a good proposal and it would not make any sense to keep it zoned residential. Planning Commission Meeting - February 12, 2004 Page 2 of 4 83 Chairperson Lima and Commissioner Gril:lorieff both agreed with their fellow Commissioners and stated they had no issues with it. Commissioner Bandelow moved to approve Zone Change 03-02 and instructed Staff return with facts and findings for a final order. Motion was seconded by Commissioner Mill, which unanimously carried. ITEMS FOR ACTION A_=. Final Order for Zoning Text Amendment 04-01: Proposal to amend the Woodburn Sign Ordinance Commissioner Vancil referred to page 3.1-88 of the Staff Report and suggested the addition of the Letter ,p, in the exemptions section to include "newspapertubes in the right-of-way". He commented we need to have an ordinance that is enforced to the letter. Moreover, he pointed out the reason for the Sign Ordinance was to clean up temporary signs and sign pollution in Commercial areas. Commissioner Mill agreed that newspaper tubes have become a fixture seen in every community. He suggested the addition of the verbiage "existing paper boxes". Commissioner B andelow commented newspaper tubes w ill eventually b e going a way entirely because mailboxes are also being eliminated for community boxes instead. She stated she is afraid that they would be opening up something that they should not be opening up if tubes are made an exemption. Additionally, she would hate to see a n exemption go in for something that essentially will be going away anyway. Commissioner Bandelow also pointed out the tube itself is not the problem but the lettering that is on it. Chairperson Lima reported he contacted the Oregonian to see whether they would consider delivering tubes without their names on it and they indicated they would get back to him on that, which they have not at this point. Commissioner Gri,qorieff did not see the problem with having the papers thrown on the driveways. She noted the papers are in plastic bags when it is raining. Commissioner Grigorieff also pointed out if an exception is allowed for this, who is to stop someone else for wanting the exact thing. Staff stated it goes beyond just the signage issue and part of the issue is what does the City want to allow in the right-of-way and whether tubes are a sign or not. Commissioner Bandelow commented the idea of adding something that is allowed in the right-of-way is a bad move. Chairperson Lima agreed with Commissioner Bandelow and added the issue is the right-of-way. Additionally, he stated the City Council can take action regarding this issue. Commissioner Bandelow noted this ordinance will be complaint driven whether it is the City that reports it or a citizen. Commissioner Vancil interjected he hopes the ordinance is enforceable. Staff commented that is always the issue with any type of enforcement. Priorities have to be made as to which ordinances get enforced and which do not. He utilized as an analogy a police officer can not be on every corner looking for jaywalkers. Staff also remarked although it will be primarily complaint driven, he would expect the Council to prioritize certain aspects of it that are important to focus enforcement, recommending temporary signs to be enforced for a specific period of time to at least bring that into compliance citywide and educate the public with what the regulations are. Hopefully they will be more self policing at that point. Planning Commission Meeting - February 12, 2004 Page 3 of 4 84. Commissioner Mill noted nothing specifically applied to newspaper boxes under the definition of signs. Staff responded it would probably be okay if it is on private property. Commissioner Bandelow moved to approve the Final Order as presented. Commissioner Gri,qorieff seconded the motion. Motion unanimously carried. DISCUSSION ITEMS Staff congratulated the Commission on taking on the very important task of completely overhauling the Sign Ordinance as well as the Development Ordinance. Chairperson Lima paid special praise to Commissioner Bandelow on her participation in the Sign Ordinance Focus Group. Commissioner Bandelow noted the group was one of the most conscientious and polite groups of people she has ever worked with. She said it was an absolute pleasure being part of the Focus Group. REPORTS A. Building Activity for January 2004 B_.~. Planning Prolect Trackin~l Sheet (revised 2-3-04) BUSINESS FROM THE COMMISSION Commissioner Vanci! asked Staff if there was anything done internally preventing a recurrence of the loss of trees in developments in the future? Staff answered increased communication between departments has been an issue and that has been addressed. He reported the issue regarding Boones Ferry Road widening from the school down to Highway 214 has been taken to City Council and how they want to align the widening. They made the decision to shift alignment to the West so the cedar trees are retained and tree loss minimized. Staff stated any questions or concerns related to that or for specifics of what will be affected by the right-of-way improvements should be directed to either Randy Rohman or Randy Scott with the Public Works Department. Commissioner Vancil went on record to state he does not wish to see the loss of any more trees. Commissioner Bandelow questioned how many properties on the fenced section are involved in the LID? Staff responded although that is not his area of jurisdiction, he recalled there weren't a lot of properties involved. He indicated primarily just the fronting properties, not the properties off the roadway. Staff reported there will be three lanes going southbound. Commissioner Mill reported his appointment expired December 2003 and therefore, this would more than likely be his last meeting. He thanked everyone and said it has been a pleasure and an honor to serve with the Commissioners, including past members and he will miss seeing everyone. Chairperson Lima stated Commissioner Mill brought a lot of insight to the Commission and he wished him well. ADJOURNMENT Commissioner Bandelow moved to adjourn the meeting and Commissioner Mill seconded the motion, which carried. Meeting adjourned at 8:00 pm. ~~_~,,~) ~//~ Jim M~ldf~r, ' Comn~u~ity Development Director City of~/oodbum, Oregon DATE Date -- Planning Commission Meeting - February 12, 2004 Page 4 of 4 85 WOODBUI N 14A March 22, 2004 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Jim Mulder, Director of Community Development ~ // Planning Commission's Approval of Design ReView 03-21, Variance 03-27, and Variance 04-04. RECOMMENDATION: No action is recommended. This item is placed before the City Council for information purposes in compliance with the Woodburn Development Ordinance. The City Council may call up this item for review if it desires. BACKGROUND: On March 11, 2004, the Planning Commission adopted a final order approving Design Review application case file number 03-21 to expand an existing office building by 2,332 square feet, Variance application case file number 04-04 to expand the existing building on the north side within the 10-foot interior yard setback and Variance application case file number 03-27 to allow the existing encroachments of the parking lot in the interior yard setback to remain (Variance A) and to allow a new 4-foot by 28-foot encroachment into the interior yard setback for vehicular maneuvering (Variance B). The subject property, located at 669/681 Ray J. Glatt Circle, is zoned Commercial Office (CO) and designated Commercial on the Woodburn Comprehensive Plan Map. The property is also identified specifically on Marion County Assessor Map T5S, R lW, Section 7AC, as Tax Lot 3500. There are two existing office buildings on the site. In the southwest corner of the property is a 5,273 square foot 2-story office building. On the northeast corner of the site' is the 2,332 square foot nonconforming office building (located in the interior yard setback area), which is proposed to be expanded by 2,332 square feet. The proposed westerly addition to the north building will be almost identical to (or mirror image of) the existing building. A variance has also been proposed to allow the expansion of the north building within the interior yard setback. The existing parking and access is proposed to be reconfigured to meet the requirements of the Woodburn Development Ordinance (WDO), except for Agenda Item Review: City Administrato'~-.,~7-~ City Attorney Finance~ 86 Mayor and City Council March 22, 2004 Page 2 where parking encroaches in the interior setbacks and the applicant has sought relief from the standard with a variance. The subject site is mostly flat and contains existing landscaping with a few trees. The existing landscaping on the site is proposed to be enhanced to meet the requirements of the WDO. According to the FEMA Flood Insurance Rate Map, 41047C0139G, the subject property is located outside the 500 year floodplain. The Local Wetlands Inventory does not show wetlands on the subject property. All the surrounding properties are zoned Commercial Office (CO), designated Commercial on the Woodburn Comprehensive Plan Map and are in office use. APPLICANT: RSS Architecture, P.C. 2225 Country Club Road Woodburn, OR 97071 PROPERTY OWNER: Terrence C. Withers P.O. Box 129 Woodburn, OR 97071 DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. 8'/' OPENING STATEMENT FOR LAND USE HEARINGS REQUIRED BY ORS CHAPTER 197 This is the time set for public hearing in the matter of Zone Change 03-02. The nature of this hearing is to review a request to change the zoning map designation of the property located at 1840 Newberg Highway from Single Family Residential to Commercial Office. The applicant in this matter is David Mendenhall. 1. The law requires the City to list all substantive criteria relevant to each hearing. The applicable substantive criteria is listed in the notice of public hearing and is as follows: mo WOODBURN DEVELOPMENT ORDINANCE Section 5.104.04 Zoning Map Change; Owner Initiated B. WOODBURN COMPREHENSIVE PLAN The full text of all listed criteria is printed in the staff report which has been distributed prior to this hearing. All testimony and evidence must be directed toward these criteria or other criteria in the plan or land use regulation which the person testifying believes apply to the decision. Please relate your testimony to the listed criteria. The failure to raise an issue accompanied by statements or evidence sufficient to afford the City Council, and the parties, an opportunity to respond to the issue, precludes appeal to the Land Use Board of Appeals based on that issue. The failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Council to respond to the issue precludes an action for damages in circuit court. Any participant may request, before the conclusion of the initial evidentiary hearing, an opportunity to present additional evidence or testimony. The City Council shall grant the request by either: (a) continuing the public hearing to a specific date and time at least seven days from the date of the initial evidentiary hearing, or (b) leaving the record open for at least seven days for additional written evidence l:\Community Development~lanningxaMulder's X-Files\Woodbum Files\Other\Opening Statement for City Council Hearing.wpd