Ord 2203 - Inter Ord 2092 Sign O
COUNCIL BILL NO. 1835
ORDINANCE NO. 2203
AN ORDINANCE INTERPRETING ORDINANCE 2092 (THE WOODBURN SIGN
ORDINANCE) AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission conducted a public hearing on this matter at its
July 24, 1997 meeting; and
WHEREAS, the Commission, after providing a full and fair opportunity for testimony,
closed its public hearing and adopted a final interpretative order; and
WHEREAS, Hillyer Ford, Miles Chevrolet and Hershberger Motors appealed this
interpretation to the City Council by a letter received by the city planning department on August
22,1997;and
WHEREAS, the City Council conducted a dl: 1IQYQ. public hearing on October 13, 1997
and considered public testimony, written information and the record of the Planning Commission
proceeding; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The City Council finds that it is called upon to interpret the terms of the city's
own enactment, to-wit: Ordinance 2092 (The Woodburn Sign Ordinance). The City Council has
the legal authority to make this interpretation and it constitutes a "local government
interpretation" under ORS 197.829, Gaie v City of Portland, 319 Or 308 (1994) and Clark v
Jackson County, 313 Or 508 (1992).
Section 2. The City Council concludes, based upon its interpretation and the facts
presented, that none of the appellants, Hillyer Ford, Miles Chevrolet, and Hershberger Motors,
constitute an "integrated business center" as that term is used within the context of Ordinance
2092.
Section 3. The City Council's interpretation is based upon the Findings and Conclusions
contained in Attachment "A", which is affixed hereto and by this reference incorporated herein.
Section 4. This ordinance being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist and this ordinance shall take effect
immediately upon passage by the Council and approval by the Mayor.
Page 1 - COUNCIL BILL NO. 1835
ORDINANCE NO. 2203
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Approved as to fOrmm.~~
City Attorney
10- 23' -- ~'}
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:~ 1~~.Jr:-
Mary Te t, City Recorder
City of Woodburn, Oregon
Date
APPROVED~ ~
Nancy A. Kirksey, Mayor .
Oc~ober 27, 1997
October 28, 1997
October 28, 1997
October 28, 1997
Page 2 - COUNCIL BILL NO. 1835
ORDINANCE NO. 2203
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Attachment "I\:'
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FINDINGS
INTERPRETATION OF ORDINANCE 2092
L NA TlJRE OF PROCEEDINGS
On July 24, 1997, the Woodburn Planning Commission conducted a public hearing on the
interpretation of Ordinance 2092 (the Woodburn Sign Ordinance) and Section 4(B). That section
provides as follows:
Integrated Business Center. A group of two or more businesses which are planned
and designed as a center, whether or not the business, buildings or land are under
common ownership.
This ordinance interpretation was requested by three car dealerships: Hillyer Ford, Miles
Chevrolet and Hershberger Motors and was related to proposed signage. If the car dealerships
were found to constitute integrated business centers, one free-standing sign with a maximum area
of 150 square feet would be permitted by the sign ordinance for each dealership (Section 12,
Ordinance 2092). If the car dealerships were found not to constitute integrated business centers,
one free-standing sign with a maximum area of75 square feet would be permitted by the
ordinance for each dealership. (Section 11(C)(6), Ordinance 2092).
The Commission issued its Final Order dated August 15, 1997, interpreting the term
"integrated business center" and determining that none of the car dealerships constituted an
integrated business center.
Hillyer Ford, Miles Chevrolet and Hershberger Motors appealed the Commission's Final
Order to the City Council in a letter received by the city on August 22, 1997.
On October 13, 1997, the City Council conducted a l1l: IlQYQ public hearing and
considered public testimony, a presentation by the appellants, written information, and the record
of the Planning Commission proceeding in order to make an interpretation of Ordinance 2092.
II. FINDINGS OF FACT
A Facts
1. The facts concerning this matter before the City Council are contained in the
record of this proceeding, including the staff submissions, public testimony and documentary
evidence presented before the City Council and the record of the Planning Commission
Page 1 - FINDINGS
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Attachment "A"
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proceeding, all of which are by this reference incorporated herein.
2. The City Council finds that appellant Hillyer Ford is engaged in several
business activities, including the sale of new cars, the sale of used cars, car rental and car
advertising. Several legally distinct corporations exist that enable the pursuit of these different
business activities.
3. The City Council finds that appellant Miles Chevrolet is engaged in various
different business activities, including the new car sales of Chevrolet and Geo, sales of car parts,
car service and repair, service and repair of recreational vehicles, car rental, and a real estate
holding company related to the car dealership properties. Several legally distinct corporations
exist that enable the pursuit of these various business activities.
4. The City Council finds that appellant Hershberger Motors is engaged in
various business activities, including new car sales of Chrysler, Plymouth, Dodge, and
Jeep/Eagle, the sale of used cars, and car rental.
B. Conclusions:
1. The City Council concludes that Ordinance 2092 (The Woodburn Sign
Ordinance) constitutes the City Council's own enactment.
2. The City Council concludes that Section 4(B) of Ordinance 2092 (The
Woodburn Sign Ordinance) is not clear on its face and needs interpretation. Specifically, the term
"integrated business center" is defined as "a group of two or more businesses that are planned and
designed as a center, whether or not the business, buildings or land are under common
ownership". However the term "businesses" is not defined in the context of the ordinance. Thus,
it is necessary for the City Council to define the term "businesses" in order to interpret the term
"integrated business center".
3. The City Council concludes that it has the legal authority to make the
necessary interpretation. The Planning Commission interpreted Ordinance 2092 based upon
guidelines contained in Section 2.040 of the Woodburn Zoning Ordinance. The final
interpretative order of the Planning Commission was then appealed to the City Council and the
appellants were afforded a lh: IlQYl2 public hearing prior to the City Council making the necessary
ordinance interpretation.
4. Appellants argue that business activities such as a new car dealership, a
used car dealership, a rental car agency and car advertising are each separate "businesses".
However, the City Council concludes, within the context of the ordinance, that these are not
separate "businesses" but merely components of a single business.
Page 2 - FINDINGS
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Attachment "A"
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5. Appellants argue that legal incorporation, by definition, creates separate
"businesses". However, the City Council concludes, within the context of the ordinance, that
legal incorporation does not of itself create different "businesses".
6. The City Council concludes that, within the context ofthe ordinance, the
term "businesses" is interpreted to mean individual commercial establishments. This is a practical
definition that is consistent with both public perception and the city's business licensing
procedure.
7. The City Council concludes that appellant Hillyer Ford is not "two or more
businesses" and does not constitute an "integrated business center" under the ordinance.
8. The City Council concludes that appellant Miles Chevrolet is not "two or
more businesses" and does not constitute an "integrated business center" under the ordinance.
9. The City Council concludes that appellant Hershberger Motors is not "two
or more businesses" and does not constitute an "integrated business center" under the ordinance.
Page 3 - FINDINGS
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