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Ord 2129 - Amend Ord 1807 Zoning COUNCIL BILL NO. 1569 ORDINANCE NO. 2129 AN ORDINANCE AMENDING ORDINANCE 1807 (THE WOODBURN ZONING ORDINANCE) TO INCLUDE CERTAIN REVISIONS IN THE DOWNTOWN HISTORIC DISTRICT AND DECLARING AN EMERGENCY. WHEREAS, certain textual amendments to the Woodburn Zoning Ordinance have been proposed, and WHEREAS, these amendments have been reviewed by the Community Development Director and presented to the Woodburn Planning Commission, and WHEREAS, the proposed revisions to the Ordinance are recommended by the Woodburn Planning Commission; NOW, THEREFORE THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Ordinance 1807 is hereby amended to replace, in its entirety, Chapter 40 (Downtown Historic District) which shall now read as follows: Page 1 - Council Bill No. 1569 Ordinance No. 2129 - __.___ .._.....,......_ '---0_"_-'-'---'-- Page 2 - CHAPTER 40 DHD DOWNTOWN HISTORIC DISTRICT 40.010 40.020 40.030 40.040 40.050 40.060 40.070 40.080 40.090 40.100 40.110 40.120 40.130 40.140 PURPOSE CRITERIA PERMIT PROCESS FOR EXTERIOR ALTERATION OR REMODELING GUIDELINES FOR THE EXTERIOR ALTERATION USES CONDITIONAL USES HEIGHT REAR YARD SIDE YARDS FRONT YARDS SIGNS LANDSCAPED YARD LOT AREA AND WIDTH SITE PLAN REVIEW REQUIRED CHAPTER 40 - DOWNTOWN DISTRICT Council Bill No. 1569 Ordinance No. 2129 .,.--. ........ Section 40.010 PURPOSE Buildings, objects, structures, and sites in the Downtown Historic District having special historical, architectural, or cultural significance should be preserved as a part of the City's heritage. To this end, regulatory controls and administrative procedures are necessary for the following reasons: (a) Stabilize and improve property values through restoration efforts; (b) Promote the education of local citizens on the benefits associated with an active historic preservation program; (c) Foster civic pride in the beauty and nobel accomplishments of the past; (d) Protect and enhance the City's attractions for tourists and visitors; and (e) Strengthen the economy of the City. Section 40.020 CRITERIA All site plan proposals shall be reviewed by the Woodburn Downtown Association (WDA) with a recommendation prior to Planning Commission action. The WDA and Planning Commission shall base their recommendations on the following criteria: (1) History. The resource is associated with significant past events, persons, organizations, trends, or values which are important to the city. The age of the resource relative to other local development contributes to its historic significance; (2) Style/Design. The resource is representative of a particular style or a type of construction. The uniqueness of the resource or its. quality of composition, detailing, or craftsmanship contribute to its design significance; (3) Integrity. The resource retains original design elements, materials, and character with relatively minor alterations, if any; and (4) Environment. The resource contributes to the character or continuity of the Downtown Historic District. Section 40.030. PERMIT PROCESS FOR EXTERIOR ALTERATION OR REMODELING The Building Official shall submit to the Community Development Director all building permit and site plan request for exterior and interior alterations to structures in the DHD. The Director shall. within five (5) working days, review the permit application for compliance with the requirements as set out in Chapter 40 of this ordinance and submit this proposal to the Woodburn Downtown Association for review. CHAPTER 40 - DOWNTOWN HISTORIC DISTRICT Page 3 - Council Bill No. 1569 Ordinance No. 2129 ..~ .,.- (1) The Woodburn Downtown Association shall meet within 7 working days of the date the permit application was submitted to the Building Department. The applicant shall be notified of the time and place of the review and is encouraged to be present, although his/her presence shall not be necessary for action on the plans. A failure to review within twenty-one (21) days shall be considered an approval of the application. (2) If the Woodburn Downtown Association finds the proposed alterations to be in compliance with Chapter 40, they shall recommend that the Community Development Director submit the building permit/site plan with conditions of approval, to the Planning Commission for final approval. Section 40.040 GUIDELINES FOR THE EXTERIOR ALTERATION Generally, an application for exterior alteration of a historic building shall be approved if the change or the treatment proposed is determined to be harmonious an compatible with the appearance and character of the historical building an shall generally be disapproved if found detrimental to or otherwise adversely affecting the architectural significance, the integrity of historical appearance, and the educational and historical value of the building. (a) The following guidelines apply to the exterior alterations to historical buildings: (1) Retention of original construction. So far as possible, all original exterior materials and details shall be preserved or replaced to match the original. (2) Height. Additional stories may be added to historical buildings provided that: (aa) The added height complies with requirements of the building and zoning codes. (bb) The added height does not exceed that which was traditional for the style of the building; (cc) The added height does not alter the traditional scale and proportions of the building style; and CHAPTER 40 - DOWNTOWN HISTORIC DISTRICT Page 4 - Council Bill No. 1569 Ordinance No. 2129 ....... . ._-~._-~..-_.__._._~_....._~. (dd) The added height is visually compatible with adjacent historic buildings; (3) Bulk. Horizontal additions may be added to historic buildings provided that: (aa) The building of the addition does not exceed that which was traditional for the building style; (bb) The addition maintains the traditional scale and proportion of the building; and (cc) The addition is visually compatible with adjacent historic buildings. (4) Visual Integrity of Structure. the lines of columns, piers, spandrels, and other primary structural elements shall be maintained so far as is practicable. (5) Scale and Proportion. The scale and proportion of altered or added building elements, the relationship of voids to solid (windows to wall) shall be visually compatible with the traditional architectural character of the historic building. (6) Materials, Color, and Texture. The materials, colors, and textures used in the alteration or addition shall be visually compatible with the traditional architectural character of the historic building. (7) Lighting and Other Appurtenances. Exterior lighting and other appurtenances, such as walls, fences, awnings, and landscaping shall be visually compatible with the traditional architectural character of the historic building. Section 40.050 USE Within any (DHD) Downtown Historic District, no building, structure or premise shall be used, arranged, or designed to be used, erected, structurally altered except for one or more of the following uses: (al Any use permitted in the CO District under Section 28.010 (bHk). (b) Amusement and recreation: (1) Athletic club; (2) Community center; CHAPTER 40 - DOWNTOWN HISTORIC DISTRICT Page 5 - Council Bill No. 1569 Ordinance No. 2129 (c) Communication: (1) Radio and television station and studio; (2) Telegraph and telephone communication facilities. (d) Schools: (1) Public and Private; (2) Trade School (e) Printing and publishing: (1) Printing and photocopying; (2) Bookbinding and related activities; (3) Newspaper, periodical and book publishing. (f) Retail: (1) Antique shop; (2) Artists supply store; (3) Bakery; (4) Book Store; (5) Camera and photographic store; (6) Candy, nut and confectionery store; (7) Cottage industry ( with definition in Chapter I) (Small scale mfg. (5 or less employees) of hand crafted products for retail sale) such as: (1) Cabinet making (2) Custom furniture (3) Art/craft studio (8) Dairy products store (no processing, sales on premises only) (9) Delicatessen store; (10) Department store; (11) Drug store; (12) Eating place, restaurant, cafe, caterer, box-lunch provider, coffee shop, dining room and tea room; (13) Fish and sea food market (no rendering or processing, sales on premises only); (14) Florist shop; (15) Furniture store; (16) Furrier and fur shop; (17) Garden supply store; (18) General store; (19) Gift, novelty, curio and souvenir shop; (20) Greeting card store; (21) Health food store; (22) Hearing aid store; CHAPTER 40 - DOWNTOWN HISTORIC DISTRICT Page 6 - Council Bill No. 1569 Ordinance No. 2129 (23) Hobby equipment store; (24) Home furnishings and equipment store, including floor coverings, major appliances, draperies, curtains and upholstery materials, glassware, china, metal ware, (may perform incidental installation services); (25) Household appliance store; (26) Jewelry store; (27) Liquor store; (28) Mail order house; (29) Meat market; (30) Music store, including sale of pianos and other instruments, phonograph records, sheet music, etc; (31) Office machine and equipment store; (32) Optical goods store; (33) Pawn shop; (34) Pet store; (35) Religious goods store; (36) Rental shop; (37) Second hand shops such as books, clothing, furniture; (38) Shoe store; (39) Sporting goods tore; (40) Stationery store; (41) Tailor, dressmaker; (42) Toy Store; (43) Variety store; (44) Wearing apparel and accessories. (g) Retail and service: (1) Appliances, radio, television shops; (2) Bicycle shop; (3) Business machines, typewriters, sewing machine sales and service shop; (4) Electrical and lighting shop; (5) Floor covering store; (6) Gunsmith; (7) Hardware store; (8) Locksmith; (9) Luggage and leather goods shops; (10) Orthopedic and limb store; (11) Paint, wallpaper and interior decorating store; (12) Taxidermist; (13) Venetian blind and window; (14) Watch, clock, jewelry, camera and instrument shop. CHAPTER 40 - DOWNTOWN HISTORIC DISTRICT Page 7 - Council Bill No. 1569 Ordinance No. 2129 (h) Service: (1) Advertising agency; (2) Barber shop; (3) Beauty shop; (4) Business sign sales and services; (5) Clothing and costume rental service; (6) Dry cleaning establishment, self-service; (7) Employment agency; (8) Mail order service house; (9) Mortuary and funeral service; (10) Railroad terminal; (11) Railroad express agency; (12) Self service laundry; (13) Shoe repair and shoe shine shop; (14) Sign painter; (15) Veterinary clinic. Section 40.060 Conditional Uses. When authorized under the procedure provided for Conditional Uses in this ordinance, the following uses will be permitted; (1) Grocery store, super market, food store; (2) Community service such as health clinic s and social services. Section 40.070 Height. There shall be no restriction on height in a DH District. Section 40.080 Rear Yard. In the DH District no rear yard is required except as herein provided, but if one is provided it shall be not less than five feet in depth exclusive of any alley area. Section 40.090 Side Yards. Where the side of a lot in a DH District abuts upon the side of a lot in any residential district, there shall be a minimum side yard of five feet, which said yard shall be contained by a wall or fence not less than six feet in height or compact evergreen hedge not less than six feet in height, when planted, capable of attaining a height of seven feet. Section 40.100 Front Yards. No front yard shall be required in a DH District. Section 40.110 Signs. See Woodburn Sign Ordinance Section 11, Zoning District Regulations. Section 40.120 Landscaped Yard. Within any DH District there are no requirements for landscaped yards when zero lot lines are used. Any open area not used for building space shall be reviewed for landscape requirements through the Site Plan Review process. CHAPTER 40 - DOWNTOWN HISTORIC DISTRICT Page 8 - Council Bill No. 1569 Ordinance No. 2129 "_....~--_._...~-~._... - Section 40.130 Lot Area And Width. Buildings or structures hereafter erected, altered or enlarged in a DH District are not subject to lot area requirements. Section 40.140 Site Plan Review Required. Site Plan Review shall be required for all buildings, structures, or premises used, arranged or designed to be used, erected, structurally altered or enlarged in accordance with the provisions of Chapter 11. Additionally, the Site Plan proposal will be reviewed by the Woodburn Downtown Association with a recommendation prior to Planning Commission action. CHAPTER 40 - DOWNTOWN HISTORIC DISTRICT Page 9 - Council Bill No. 1569 Ordinance No. 2129 "!I"- , Section 2. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and appr val by the Mayor. Approved as to form: City Attorney ?- 2/ c;L/- APPROVED: Date ~~,~~ July 25, 1994 Passed by the Council Submitted to the Mayor July 26, 1994 Approved by the Mayor July 26, 1994 Filed in the Office of the Recorder ATTEST: fYl ~ Ma~nnant, City Recorder City of Woodburn, Oregon July 26, 1994 Page 10 - Council Bill No. 1569 Ordinance No. 2129 T~.. .~..