Ord 2383 - Wdbrn Dev. Ord.
COUNCIL BILL NO. 2561
ORDINANCE NO. 2383
AN ORDINANCE AMENDING ORDINANCE 2313 (THE WOODBURN DEVELOPMENT
ORDINANCE); AND SETTING AN EFFECTIVE DATE.
WHEREAS, the Woodburn City Council adopted Resolution No. 1745 on
December 8, 2003 initiating the annual review of the Woodburn Development
Ordinance; and
WHEREAS, revisions to the Woodburn Development Ordinance were
drafted; and
WHEREAS, these revisions correct grammatical and typographical errors
and make sections of the Woodburn Development Ordinance clearer; and
WHEREAS, on January 27, 2005, the Woodburn Planning Commission held
a public hearing on the draft Woodburn Development Ordinance revisions; and
WHEREAS, on February 28, 2005, the Woodburn City Council held a public
hearing on the draft Woodburn Development Ordinance regulations revisions;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 1.101.06 of Ordinance 2313 (the Woodburn
Development Ordinance) is repealed.
Section 2. Section 1.102 of Ordinance 2313 IS amended to add the
following definitions:
"Arbor: A latticework bower intertwined with climbing vines and flowers.
Archway: A coverinq or enclosing arch.
Perqola: An arbor formed of horizontal trelliswork supported on columns
or posts over which vines or other plants are trained.
Trellis: A frame or support of lattice work."
Page 1 - COUNCIL BILL NO. 2561
ORDINANCE NO. 2383
Section 3. The definition of Mobile Food Services in Section 1.102 of
Ordinance 2313 is amended to read as follows "Mobile Food Services: A
vehicle, trailer, wagon or temporary structure, as defined by the state building
code used for the preparation and/or sale of food and/or beverages
conducted in compliance with the standards of Section 2.203. 16Z."
Section 4. Section 1 .104.03 of Ordinance 2313 is amended to read as
follows: "...A use dependent upon a nonconforming building or structure (with
the exception of a sinole familv dwellino) shall be terminated, as noted, under
anyone of the following circumstances..."
Section 5. Section 1.104.05 of Ordinance 2313 is amended to read as
follows: "...Any additional parking, loadingL and/or landscaping, wall and/or
refuse facility required by the WOO to accommodate a change in use, or
expansion of an existing use shall be subject to the following~
A. Applications subject to Design Review, Section 5.103.02, shall conform
to all parking, loadingL eAG-landscaping, wall and refuse facility
requirements for the subject use to the standards of the WOO.
B. Applications subject to Design Review, Section 5.102.02, where the
change or expansion increases the required area for parking, loadingL or
landscaping by 25 percent or more, shall conform all parking, loadingL
eAG-landscaping, buffer walls and refuse facilities to the standards of the
WOO. Parking, loadingL GAG landscaping, buffer walls and refuse facilities
required for changes or expansions of less than 25 percent shall be limited
to those necessary to conform with the increment of change or
. "
expansion...
Section 6. Table 2.1.1 of Ordinance 2313 is amended to read as follows:
(See Table on next page)
Page 2 - COUNCIL BILL NO. 2561
ORDINANCE NO. 2383
TABLE 2.1.1 Lot Standards for Residential Uses in an RS Zone*
*EXCEPT PUD's subject to Section 3.109
Use Type and Lot Location Minimum Minimum Lot Averag Minimum Street
Lot Area Width e Lot Frontage
Depth
A. Single Family Dwelling, Site
Built; Group Home; Family
Child Day Care;
Manufactured Home, on a
Lot; & Residential Sales
Office
Interior Lot
6000 sq. ft. 60 ft. 100 ft. 50 ft.
1. For an interior lot.
Corner Lot
8000 sq. ft. 80 ft. 1 00 ft. 50 ft.
2. For a corner lot.
Flaa Lot-I**" or Cui de sac Lot
6000 sq. ft. 60 ft. at the front 100 ft. Flao lot: The driveway
3. For either a flaQ or cui de sac setback line. access easement or
lot. strip of land per
- Section 3.104.05.
**Flao lot dimension and area standards
EXCLUDE the driveway access, per Cui de sac lot: 40 feet.
Section 3.104.05 attached.
***Within a subdivision, not more than
one (1) flag lot shall be located behind
another lot as shown in Figure 6.6
attached.
B. Duplex Dwelling on a Corner Lot 10,000 sq. 100 ft. 100 ft. 50 ft.
ft..
1. For a corner lot.
Section 7. Section 2.1 02.06.C.1 .b.1 of Ordinance 2313 is amended to read
as follows: "...1) Off street parking and storage shall be prohibited within a
required setback or any yard abutting a street EXCEPT for parking and
maneuvering within a driveway leading to a garage (or carport in the case of a
manufactured home) or adiacent to a wall."
Section 8. Section 2.1 03.06.C.1.b.1 of Ordinance 2313 is amended to read
as follows: "...1) Off street parking and storage shall be prohibited within a
required setback or any yard abutting a street EXCEPT for parking and
maneuvering within a driveway leading to a garage (or carport in the case of a
manufactured home) or adiacent to a wall..."
Section 9. Section 2.103.07.G of Ordinance 2313 is amended to read as
follows: liTho m3ximum lot co\'or3ge for 3 prim3ry building, \":ithout 3n 3ttnched c3rport
Page 3 - COUNCIL BILL NO. 2561
ORDINANCE NO. 2383
or g::U3g0 is 30 percent. Tho m3ximum lot covor3go f-or 3 prim3ry building with 3n
att3chod c3rport or g3r3ge is 37.5 percent.
Lot coveraqe by the primary and accessory structures EXCEPT accessory structures in
the rear yard area, shall be:
1. A maximum of 40 percent for lots containinq a primary buildino with an averaqe
heiqht of 14 feet or less, and
2. A maximum of 35 percent for lots with a primary buildino with an averaoe heiqht of
more than 14 feet."
Section 1 O. Section 2.1 04.06.C.1.b.1 of Ordinance 2313 is amended to
read as follows: "1) Off street parking and storage shall be prohibited within a
required setback or any yard abutting a street EXCEPT for parking and
maneuvering within a driveway leading to a garage (or carport in the case of a
manufactured home) or adiacent to a wall."
Section 11. Section 2.104.06.C.2 of Ordinance 2313 is amended to read
as follows: "a. Development in an RM zone, except for a sinqle family dwellinq
and duplex dwellinq, shall be subject to the setback and buffer requirements of
Table 2.1.7."
b. A sinqle family dwellina or duplex dwellinq in the RM zone shall be
subiect to the setback and buffer improvement standards in
Section 2.102.06.C."
ec. The building setback from a private access easement shall be a
minimum of 5 feet.
Gd. Off Street Parking, Maneuvering and Storage:
ee. Clear Vision Area: Fences, walls, landscaping and signs shall be
subject to clear vision area standards, Section 3.103.10.
et Vehicular Access: Permitted in conformance with Section 3.104.
Section 12. Section 2.104.06.C.2.c.1 of Ordinance 2313 is amended to
read as follows: "1) Off street parking and storage shall be prohibited within a
required setback or any yard abutting a street EXCEPT for parking and
maneuvering within a driveway leading to a garage (or carport in the case of a
manufactured home) or adiacent to a wall."
Page 4 - COUNCIL BILL NO. 2561
ORDINANCE NO. 2383
IT
Section 13. Section 2.105.05.C.l.a.2 of Ordinance 2313 is repealed.
Section 14. Section 2.105.05.C.l.b.l of Ordinance 2313 is amended to
read as follows: "1) Off street parking, maneuvering and storage shall be
prohibited within a required setback EXCEPT for parkinq, maneuvering and
storaqe adiacent to a wall."
Section 15. Section 2.105.05.C.2.c.1 of Ordinance 2313 is amended to
read as follows: "1) Off street parking and storage shall be prohibited within a
required setback EXCEPT for parkinq maneuverinq and storaqe adjacent to a
wall."
Section 16. Section 2.1 06.01.H.l of Ordinance 2313 is amended to read as
follows: "1. Finance and Insurance (52) EXCEPT pawn shops (522298) and
check cashing, pay day loan and cash transfer establishments [other than
banks] as a predominant, ancillary, or required supporting use banks."
Section 17. Section 2.1 06.05.C.l.a.2 of Ordinance 2313 is repealed.
Section 18. Section 2.106.05.C.l.b.l of Ordinance 2313 is amended to
read as follows: "1) Off street parking and storage shall be prohibited within a
required yard or special setback EXCEPT for parkinq and storaqe adjacent to a
wall."
Section 19. Section 2.1 06.05.C.2.c of Ordinance 2313 is amended to read
as follows: "Off street parking and storage shall be prohibited within a required
setback EXCEPT for parkinq and storaqe adjacent to a wall."
Section 20. Section 2.107.01 .K.2 of Ordinance 2313 is amended to read as
follows: "2. Fitness and recreational sports (7139-l-~)."
Section 21. Section 2.109 .06.C.l.b.l of Ordinance 2313 is amended to
read as follows: "Off street parking and storage shall be prohibited within a
required setback EXCEPT for parkinq and storaqe adiacent to a wall."
Section 22. Section 2.109.06.C.2.c of Ordinance 2313 is amended to read
as follows: "Off street parking and storage shall be prohibited within a required
setback EXCEPT for parkinq and storaqe adjacent to a wall."
Section 23. Section 2.11 O.06.C.l .b.l of Ordinance 2313 is amended to
read as follows: "Off street parking and storage shall be prohibited within a
required setback EXCEPT for parking and storaqe adiacent to a wall."
Page 5 - COUNCIL BILL NO. 2561
ORDINANCE NO. 2383
Section 24. Section 2.11 O.06.C.2.c of Ordinance 2313 is amended to read
as follows: "Off street parking and storage shall be prohibited within a required
setback EXCEPT for parkinq and storaqe adiacent to a wall."
Section 25. Section 2.111.05.C.1.b.1 of Ordinance 2313 is amended to
read as follows: "Off street parking and storage shall be prohibited within a
required setback EXCEPT for parkinq and storaqe adiacent to a wall."
Section 26. Section 2.111 .05.C.2.c of Ordinance 2313 is amended to read
as follows: "Off street parking and storage shall be prohibited within a required
setback EXCEPT for parkinq and storaoe adiacent to a wall."
Section 27. Section 2.201.03.B is amended to read as follows: "B.
Location and Height in Yards Adjacent to a Street.
1. The location and height shall comply with the clear vision area standards,
Section 3.103.10.
2. The location and height shall not exceed a height of 42 inches above the
curb elevation, when located on the front lot line abutting the street. For
streets without curbs the maximum height shall be measured relative to
the elevation of the center line of the improved street.
3. The location and heioht shall not exceed a heiqht of 48 inches above the
curb elevation, when located on the side lot line abutting the street. For
streets without curbs the maximum heiqht shall be measured relative to the
elevation of the center line of the improved street.
~4. The height relative to the ground elevation under the fence may
increase one foot in height for each 6 feet of setback from the lot line,
not to exceed a maximum height of seven feet."
Section 28. Section 2.202.03.B is amended to read as follows: "B. Location
and Height in Yards Adjacent to a Street.
1. The location and height shall comply with the clear vision area standards,
Section 3.103.10.
2. The location and height shall not exceed a height of 42 inches above the
curb elevation, when located on the front lot line abutting the street. For
streets without curbs the maximum height shall be measured relative to
the elevation of the center line of the improved street.
Page 6 - COUNCIL BILL NO. 2561
ORDINANCE NO. 2383
11
3. The location and heiQht shall not exceed a heiQht of 48 inches above
the curb elevation, when located on the side lot line abuttinQ the street.
For streets without curbs the maximum heiQht shall be measured relative to
the elevation of the center line of the improved street.
~4. The height relative to the ground elevation under the fence, may
increase one foot in height for each 6 feet of setback from the lot line,
not to exceed a maximum height of seven feet."
Section 29 Section 2.203.13.C.1 of Ordinance 2313 is amended to read as
follows: "1. Off street parking areas shall comply with the required setback ~
feet from a residential zone or use, whichever is greater."
Section 30 Section 2.203.15.B.9.c.1 of Ordinance 2313 is amended to read
as follows: "1) On-street: 8 feet x 2g~ feet."
Section 31 Section 2.203.15.B.1 O.a of Ordinance 2313 is amended to read
as follows: "a. All park streets and common park walks shall be illuminated with
a minimum of 0.~.37 candle power of light."
Section 32 Tables 2.2.1 of Ordinance 2313 is amended to read as follows:
(See Table on next page)
Page 7 - COUNCIL BILL NO. 2561
ORDINANCE NO. 2383
w
TABLE 2.2.1 In-Park Separations Matrix*
Clearance From Manufactured Accessory Decks, Landings, Garages
Dwellings & Buildings Steps, Ramps,
Cabanas Awnings & Carports
Property line & park street 5 feet 5 feet 5 feet 5 feet
Park sidewalk 2 feet 2 feet o feet 2 feet
3 feet o feet 6 feet
Mfrd. dwelling or cabana on same o feet
lot (When Permitted)
Mfrd. dwelling or cabana on 10 feet 6 feet 6 feet 6 feet
adjacent lot
Park buildings 10 feet 6 feet 6 feet 1 0 feet
Accessory bldg. on same lot 3 feet O~ feet o feet e~ feet
Accessory bldg. on adjacent lot 6 feet 6 feet 6 feet 6 feet
Decks, landings, steps, ramps, o feet o feet o feet o feet
awnings & carports on same lot
Decks, landings, steps, ramps, 6 feet 6 feet 6 feet 6 feet
awnings & carports on adjacent lot
Garage on same lot 6 feet 3 feet o feet eQ feet
Garage on adjacent lot 6 feet 6 feet 6 feet 6 feet
a) NOTE: See Section 90~(e) of the 4-9962002 Oregon Manufactured Dwelling Standards for
exceptions to this schedule.
b) Except for clearance between manufactured dwellings on adjacent lots and between
manufactured dwellings and property lines, clearance shown in this schedule may be further
reduced according to the Oregon One and Two Family Dwelling Specialty Code or the
Oregon Structural Code with prior approval from the authority having jurisdiction.
c) Set-backs to perimeter property lines may be greater than those shown in the above table.
See municipalities planning and zoning ordinance (WDO Section 2.203.15.B.3).
d) The set-backs and clearances required in this table shall be measured to the exterior walls of
the structures and do not include eave overhangs except for awnings and carports.
*SOURCE: Table 903,1996 Oregon Manufactured Dwelling Standards
Section 33. Section 2.203.15.B.15.b of Ordinance 2313 is amended to read
as follows: lib. Exterior Siding and Roofing Materials: Each manufactured home
shall have exterior siding and roofing which in color, material and appearance,
is similar to the exterior siding and roofing material commonly used on residential
dwellings within the community or which is comparable to the predominant
materials used in surrounding dwellings. For the purposes of this Section, the
definition definitions..."
Page 8 - COUNCIL BILL NO. 2651
ORDINANCE NO. 2383
~
Section 34. Section 3.101 .02 of Ordinance 2313 is amended to add a
subsection that would read as follows: "K. Street Access. No more than 25
dwellinq units, includinq existinq units, shall have their only means of public street
access to a cui de sac, dead end street, or other street that does not provide
two non-overlappinq public street routes to a maior arterial identified on the
Woodburn Transportation System Plan."
Section 35. Section 3.101.02.B of Ordinance 2313 is amended as follows:
"B. No access permit shall be issued unless the internal street(s), boundary
street(s) and abutting connectinq street(s) are constructed pursuant to Section
3.10J.02.C, UNLESS or until the applicant has obtained an exception as provided
in this section."
Section 36. Section 3.101.02.D.1.b.1 of Ordinance 2313 is amended as
follows: "1) One, 12 foot wide travel lane in each direction, including in
addition to the reauired curbs, where the classification specifies a maximum
standard of two travel lanes;"
Section 37. Section 3.1 01.02.D.2.b.1 of Ordinance 2313 is amended as
follows: "1) One, 12 foot wide travel lane in each direction, including in
addition to the reauired curbs in each direction where the classification specifies
a maximum standard of two travel lanes;"
Section 38. Section 3.102.02 of Ordinance 2313 is amended to read as
follows: "All permanent utility service to development shall be underground
EXCEPT where overhead high-voltage electric facilities exist and for partitioned
lots that are currently being served by overhead wires or cables."
Section 39. Section 3.103.07 of Ordinance 2313 is amended to add a
subsection that read as follows: "C. Arbor, Archway, Pergola and Trellis shall be
EXEMPT from the setback requirement from a lot line adjacent to a street."
Section 40. Section 3.104.01 .B.3 of Ordinance 2313 is amended to read as
follows: "3. Administration of City access permit standards and guidelines.
a. Type I Applications. Development subject to one of the
following Type I applications:
1) Design Revie'N Standards for Single Family and Duplex
Residential Dwellings, Section 5.101.01; or
Page 9 - COUNCIL BILL NO. 2561
ORDINANCE NO. 2383
rr
2) Property Line Adjustments, Section 5.101.07; or 3) Access
to a City Street, EXCLUDING Major and Minor Arterial
Streets, Section 5.101.12
shall be subject to the access standards of this Section and street
improvement standards in Section 3.101 EXCEPT when the subject
property is bound by the requirements of a precedent land use
decision that has not been modified by a subsequent land use
decision.
b. Type II and III Applications. Development subject to one of the
following Type II and III applications:
1) Type II Design Review, Section 5.102.02;
2) Type III Design Review, Section 5.103.02;
3) Access to City Major or Minor Arterial Street, Section
5.102.04;
4) Preliminary Partition Approval, Section 5.102.01;
5) Preliminary PUD Plan Approval, Section 5.103.07; or
6) Preliminary Subdivision Approval, Section 5.103.09
shall be subject to the access standards and guidelines specified in
this Section and street improvement standards in Section 3.101
EXCEPT when the subject property is bound by the requirements of
a precedent land use decision that has not been modified by a
subsequent land use decision.
Section 41. Section 3.104.02.0.4 of Ordinance 2313 is amended to read as
follows: "4. By-Pass Lane. A development providing a drive-through for
passenger loading and/or unloading or for drive-up services shall include a by-
pass lane to a site exist with a minimum width of 8 feet."
Section 42. Section 3.104.05.B & C of Ordinance 2313 is amended to read
as follows: "B. Driveway Serving One (1) or Two (2) Dwelling Units. (See Figure
6.7)
1. Paved Driveway Width.
Page 10 -COUNCIL BILL NO. 2561
ORDINANCE NO. 2383
1r
a. For a distance less than 40 feet between the access street or
shared access driveway and the attached or detached garage
doorway:
1) 20 feet minimum and 26 feet maximum width for a
garage with a doorway(s) to serve entry by not more
than two vehicles at one time; and
2) 20 feet minimum and up to a 30 feet maximum width for
a garage with doorway(s) to serve entry by three
vehicles at one time provided the maximum width shall
not exceed 50 percent of the lot frontage serving the
driveway entrance.
b. For a distance of 40 or more feet between the access street or
shared access driveway and the attached or detached garage
doorway: 12 feet minimum width, flared to the required exterior
parking pad in front of the garage that is 20 feet maximum
width.
2. Paved Parking Pad at a Garage Entrance (or carport for a
manufactured home). There shall be an improved parking space, or
pad, abutting the attached or detached garage doorway for each
opposing parking space within the garage. The exterior pad area for
each vehicle shall have the minimum dimensions of 10 feet wide by 20
feet long.
C. Driveway Serving Three (3) or Four (4) Dwelling Units. (See Figure 6.7 & 6.8)
1. Paved Driveway Width.
a. For a distance less than 40 feet between the access street or
shared access driveway and the attached or detached garage
doorway: 20 feet minimum and 26 feet maximum width.
b. For a distance of 40 or more feet between the access street or
shared access driveway and the attached or detached garage
doorway: 20 feet minimum width, including the required exterior
parking pad in front of the garage.
Page 11 -COUNCIL BILL NO. 2561
ORDINANCE NO. 2383
2. Paved Parking Pad at a Garage (or carport for a manufactured home)
Entrance. There shall be an improved parking space, or pad, abutting
the attached or detached garage doorway for each opposing parking
space within the garage. The exterior pad area for each vehicle shall
have the minimum dimensions of 10 feet wide by 20 feet long."
Section 43. Table 3.1.4 of Ordinance 2313 is amended to read as follows:
TABLE 3.1.4
Parking Space and Aisle Dimensions (See Figure
6.10)
Aisle Type Width Curb Length 1-Way Aisle 2-Way Aisle Stall Depth
(Measured Width Width
(A) (8) from the (0) (E) (E) (F)
midpoint of
the double
stripe)
(C)
0 Standard 8.0 feet 22.5 feet 12.0 feet 24.0 feet 8.0 feet
(Parallel)
Compact 8.0 feet 19.5 feet 12.0 feet 24.0 feet 8.0 feet
300 Standard 9.0 feet 18.0 feet 12.0 feet 24.0 feet 17.0 feet
Compact 7.5 feet 15.0 feet 12.0 feet 24.0 feet 14.0 feet
450 Standard 9.0 feet 14.5 feet 15.0 feet 24.0 feet 19.0 feet
Compact 7.5 feet 12.5 feet 13.0 feet 24.0 feet 16.0 feet
600 Standard 9.0 feet 10.5 feet 18.0 feet 24.0 feet 20.0feet
Compact MldJeet 8.5 feet 15.0 feet 24.0 feet 17.0 feet
900 Standard 9.0 feet 9.0 feet 24.0 feet 24.0 feet 19.0 feet
Compact M7.5 feet 7.5 feet 22.0 feet 24.0 feet 15.0 feet
Section 44. . Section 3.104.05.E of Ordinance 2313 is amended to read as
follows: liE. Commercial and Industrial Use.
1. Paved Two way Driveway Width.
a. Paved One-way Driveway:
1) Width: 12 feet minimum, 20 foot maximum. ("No parkinq"
restrictions shall be posted by the owner.)
b. Paved Two-way Driveway Width:
Page 12 -COUNCIL BILL NO. 2561
ORDINANCE NO. 2383
w
e-,.11 With no turn lane: Throat and travel lane width 26 feet
minimum, 36 feet maximum. ("No parking" restrictions shall
be posted by the owner.)
e-:21 With a turn lane: Throat width 36 feet minimum, 40 feet
maximum. ("No parking" restrictions shall be posted by the
owner.) "
Section 45. Section 3.107 .03.E.1 of Ordinance 2313 is amended to read as
follows: "1. The main pedestrian entrance of each dwelling unit, EXCLUDING
manufactured dwellings in a MOP and site built dwellings on flag lots, shall face
the street."
Section 46. Section 3.107 .03.F of Ordinance 2313 is amended to read as
follows: "F. Windows on Facades Fronting a Street.
At least 15 percent of the .te.tffi fac;ade wall surface of a dwelling unit
facing a street frontage a front lot line shall be windows, excludinq roofs
and non-habitable wall area under the end of a roof, and excludinq the
qaraqe facade."
Section 47. Section 3.107 .06.B of Ordinance 2313 is amended to read as
follows: "5. Buffer Wall. A solid brick or architectural wall with anti-graffiti
surface.. .
fQ. Sidewalk Location and Street Trees. Sidewalks should/shall be
located at the property line along streets with street trees, Section 3.106."
Section 48. Section 3.107.06.0 of Ordinance 2313 is amended to add a
subsection that reads as follows: "D. Building Location Guidelines.
.L Within the prescribed setbacks, building location and orientation should
compliment abutting uses and development patterns.
2. The maximum yard abuttinq a street should be 150 feet."
Section 49. Section 3.107.08.B.5.g of Ordinance 2313 is amended to read
as follows: "g. Altering roof lines, constructing cornices, or parapets that offset
the continuous plane of large buildings and extended building Iines.~
Partition and Subdivision Standards (See figure '.11)
Section 50. Section 3.109.02 of Ordinance 2313 is amended to read as
follows: "The design of a PUD plan may be flexible to the extent..."
Page 13 -COUNCIL BILL NO. 2561
ORDINANCE NO. 2383
Section 51. Table 4.1 of Ordinance 2313 is amended to read as follows:
TABLE 4.1 SUMMARY OF DECISIONS BY TYPE
Section Decision I II III IV V Appeal
5.101.12 Access Permit to a City Street EXCLUDING a Major and Minor Arterial 0
Street 0
5.102.04 Access Permit to a City Major or Minor Arterial Street 0
5.104.01 Annexation, Quasi-Judicial 0
5.104.01 Annexation, Legislative 0
4.102.01 Appeals: Type II or III Decision
4.102.02 Call-Up Review by the City Council: Type II or III Decision C
5.104.02 Comprehensive Plan Change, Owner Initiated 0
4.101.10 Comprehensive Plan Change, Legislative 0
5.103.01 Conditional Use 0
5.101.01 Design Review of Single Family and Duplex Residential Dwellings 0
5.102.02 Design Review for All Structures LESS THAN 1000 Sq. Ft. 0
5.103.02 Design Review for All Structures 1000 Sq. Ft. OR MORE 0
5.103.12 Exception to Street Right of Way and Improvement Requirements ::j g
4.102.04 Extension for a Development Decision 0
5.101.02 Fence and Free Standing Wall Pre-construction Review 0
5.101.03 Grading Permit 0
5.103.03 Historically or Architecturally Significant Site, Specific Conditional Use 0
5.104.03 Formal Interpretation of the WDO C
5.101.04 Manufactured Dwelling Park, Final Plan Approval 0
5.103.04 Manufactured Dwelling Park, Preliminary Approval 0
4.102.08 Modification of Conditions EXCLUDING Limits on Use 0
4.102.08 Modification of Conditions Limiting Use 0
5.102.01 Partition, Preliminary Approval C
5.101.05 Partition, Final Plat Approval 0
5.103.05 Phasing Plan, Subdivision, PUD, Manufactured Dwelling Park or any other 0
Land Use Permit
5.103.06 Planned Unit Development (PUD), Design Plan Final Approval 0
5.103.07 Planned Unit Development (PUD), Preliminary Plan Approval 0
5.101.06 Planned Unit Development (PUD), Final Plan Approval 0
5.101.07 Property Line Adjustment; Consolidation of Lots D
5.102.05 Residential Architectural Standards Substitution B
4.102.10 Revocation of Previously Approved Permit g 0
...
Section 52. Section 4.101.06.C of Ordinance 2313 is amended to read as
follows: "C. Type III Decisions. (Quasi-Judicial)
Type III decisions involve significant discretion and evaluation of subjective
approval standards, yet are not required to be heard by the City Council,
except upon appeal. The process for these land use decisions is
controlled by ORS 197.763. Notice of the application and the Planning
Commission or Design Review Board hearing is published and mailed to
Page 14 -COUNCIL BILL NO. 2561
ORDINANCE NO. 2383
11"
the applicant, recognized neighborhood associations and property
owners within 250 feet of the subject property. Notice must be issued at
least 20 days before the initial evidentiary hearing pre hearing, and the
staff report must be available at least seven days f*8-before the hearing.
At the evidentiary hearing~ held before the Planning Commission or the
Design Review Board, all issues are addressed. The decision of the
Planning Commission or Design Review Board is appealable to the City
Council for a de novo public hearing. The City Council decision is the
City's final decision and is appealable to LUBA within 21 days after it
becomes final. In the event any decision is not classified, it shall be
treated as a Type III decision."
Section 53. Section 4.101 .07.E.2.c of Ordinance 2313 is amended to read
as follows: "c. The applicant's written narrative statement statement
demonstrating that all applicable criteria stated in Sections 5.1 02L. 1 03 and .104
are met."
Section 54. Section 4.101 .09.A.2 of Ordinance 2313 is amended to read
as follows: "2. Type III or IV. Notice for all initial evidentiary public hearings
concerning Type III and IV decisions shall conform to the requirements of this
subsection. At least 20 days before a Type III initial evidentiary hearing, or at
least 10 days before the first hearing of a Type IV application the G#yDirector
shall prepare and send, by first class mail, notice of the hearing to all record
owners of property within 250 feet of the subject property and to any City-
recognized neighborhood association whose territory includes the subject
property. If an application would change the zone of property that includes
any part of a mobile home or manufactured dwelling park, notice shall also be
mailed to the tenants at least 20 days before but not more than 40 days before
the initial evidentiary hearing. Notice of the application hearing shall include
the following information..."
Section 55. Section 4.101 .09.A.3 of Ordinance 2313 is amended to read
as follows: "3. Type V. At least 20 days before fe aD. initial evidentiary public
hearing at which a Type V decision is to be considered, the Community
Development Director shall issue a public notice that conforms to the
requirements of this subsection and any applicable state statute..."
Section 56. Section 4.101.09.B of Ordinance 2313 is amended to read as
follows: "B. Posted Notice. Type III and IV.
Notice of an initial evidentiary public hearing for a Type III or IV decision
shall be posted on the subject property as follows..."
Page 15 -COUNCIL BILL NO. 2561
ORDINANCE NO. 2383
Section 57. Section 4.1 01.12.D of Ordinance 2313 is amended to read as
follows: "D. The City Council on appeal or call-up for review of a Planning
Commission or Community Development Director decision, shall consider the
Planning Commission or Community Development Director decision. In all
appeal or review hearings, the applicant and other panties shall have an
opportunity to present testimony, arguments and evidence on all applicable
criteria. The presentation of testimony, arguments and evidence shall not be
limited to issues raised in a notice of appeal. If the City Council call~ a Planning
Commission decision up for review, the City Council may limit the issues that it
will allow-,- The rights of participants to continuances or open record persons
applicable to initial evidentiary hearings do not apply.
Section 58. Section 4.1 02.03.B.1 of Ordinance 2313 is amended to read as
follows: "1. A complete application for final approval has AGf been filed and
deemed complete by the Community Development Director; or..."
Section 59. Section 4.102.10 of Ordinance 2313 is amended to read as
follows: "4.102.10 Revocation or Modification of a Previously Approved Permit
In the event an applicant, or the applicant's successor in interest, fails to fully
comply with all conditions of permit approval or otherwise does not comply fully
"\lith the City's approval, the City may initiate a re'/ocation or modification
proceeding under this section.
A. Situations when Permit Approvals May Be Authority to Revokee or Modif+eGY.
The Planninq Commission may initiate a proceedinq to revoke or modify AU a
quasi-judicial permits may be revoked or modified if the Planning
Commission determines there is a substantial likelihood that any of the
following situations conditions exists:
1. An applicant, or the applicant's successor in interest, fails to fully
comply with Gone or more conditions of fRe permit approval or
otherwise does not comply fully with the City's approval. have not
been implemented or have been '{iolated;
2. An applicant. or the applicant's successor in interest, failed to
complete the work within the time frame or in the manner approved
without obtaininq an extension of time or modification of the permit
from the qranting authority.
Page 16 -COUNCIL BILL NO. 2561
ORDINANCE NO. 2383
3. The activities of the use, or the use itself, are substantially different or
have substantially increased in intensity from what was approved.:.T-9f
4. The use is subject to the nonconforming use regulations, the applicant
has not obtained approval, and has substantially changed the use #5
activities or substantially increased the intensity of the use its operations
after 5i-A€e the use became nonconforming.
5. The applicant or the applicant's representatives either intentionally or
unintentionally committed a material misrepresentation of fact in the
application or the evidence submitted in support of the application.
a. For purposes of this section, "material misrepresentation of fact"
means a misstatement of factual information that:
1. Was submitted by the applicant in support of the application;
2. Could have been corrected by the applicant at the time of
application; and
3. Formed the sole basis for approval of the application pursuant
to an applicable approval criterion.
b. A "material misrepresentation of fact" does not include
misstatements of fact made by City staff or caused by failure of
another party to appear or adequately testify.
B. Process for Revocation or Modification.
Revocation or modification shall be processed as a Type IV decision. The
Community Development Director or any private complaining party shall have
the burden of proving, based on substantial evidence in the whole record, that
the applicant or the applicant's successor has in some way violated the City's
approval.
C. Possible Actions at the Revocation Hearing.
Depending on the situation, the Planning Commission City may take any of the
actions described below. If the decision is to modify the permit, +the Planning
Commission City may not approve the new use or a use that is more intense
than originally approved unless the possibility of this change has been stated in
the public notice. Uses or development which are alleged to have not fulfilled
Page 17 -COUNCIL BILL NO. 2561
ORDINANCE NO. 2383
conditions, violate conditions or the use is not to be inconsistent with the City's
approval may be subject to the following actions:
1. The Planning Commission City may find that the use or development is
complying with the conditions of the approval. In this case, the use or
development permit shall be allowed to continue not be altered.
2. The Planning Commission City may modify the approval permit if it finds
that the use or development does not fully comply with the conditions
of approval or otherwise does not comply with what was approved,
that the violations are not substantial enough to warrant revocation
and that the use can comply with the original approval criteria if
certain conditions are met. iln this case, the Planning Commission City
may modify the existing conditions, add new conditions to ensure
compliance with the approval criteria, or refer the case to the code
compliance officer for enforcement of the existing conditions.
3. The Planning Commission City may revoke the approval a permit if it
finds there are substantial violations of conditions or failure to
implement conditions of prior land use decisions a permit, such that
the original approval criteria for the use or development are not being
met.
D. Effect of Revocation.
In the event permit approval is revoked, the use or development becomes
illegal. The use or development shall be terminated within thirty days of the date
the revocation final order is approved by the Planning Commission that all
appeals periods have been exhausted, unless the decision provides otherwise.
In the event the decision maker's City Council's decision on a revocation
request is appealed, the revocation action shall be automatically stayed until
the appeal is resolved.
Section 60. Section 5.10 1.D of Ordinance 2313 is amended to read as
follows: "D. Criteria. The criteria are contained in Section 3.107.0+."
Section 61. Section 5.101.06.D.2.c of Ordinance 2313 is amended to read
as follows: "c. The City Attorney shall certify review and approve the
Homeowners i\ssociation agreement planned unit development documents,
includinq the eRG Conditions, Covenants and Restrictions (CC&R's) as to form
ONL Y for compliance with conditions of development approval."
Page 18 -COUNCIL BILL NO. 2561
ORDINANCE NO. 2383
Section 62. Section 5.1 02.02.A.1 of Ordinance 2313 is amended to read as
follows: "1. All structures either LESS THAN 1 000 sq. ft. of gross floor area GF
expansions adding LESS THAN 10% gross floor area, whichever is smaller and
single family and duplex dwellings in the NCOD, but EXCLUDING structures
subject to TYPE 1 Design Review."
Section 63. Section 5.1 02.03.C.2 of Ordinance 2313 is amended to read
as follows: "2. Development consistent with the request will not be materially
injurious to adjacent properties or to the use of the subject property. Factors to
be considered in determining whether development consistent with the
adjustment is "injurious" include but are not limited to:..."
Section 64. Section 5.103.02.A of Ordinance 2313 is amended to read as
follows: "All structures either 1000 sq. ft. OR MORE of gross floor area or exp::msions
3dding 10% or moro gross floor 3re3, INhichovor is gro3tor, EXCLUDING structures
subject to TYPE I Design Review; and single family and duplex dwellings in the NCOD."
Section 65. Section 5.1 03.04.C.1 of Ordinance 2313 is amended to read
as follows: "1. The proposed use shall be a special permitted use within the
zoning district."
Section 66. Section 5.1 04.01.D.1.c.1 of Ordinance 2313 is amended to
read as follows: "1} Lands designated for residential and community uses
should demonstrate substantial conformance to: a), b), and e) and at least one
of cHi), c)(iil or d), as stated below; and ..."
Section 67. Section 5.1 04.03.A of Ordinance 2313 is amended to read as
follows: "A. Purpose: The purpose of a a formal interpretation is to provide a
procedure for the City Council to consider and to clarify through a public
hearings process an ambiguous element of the WDO."
Section 68. Figure 6.10 of Ordinance 2313 is amended to read as follows:
(See Figure on the next page)
Page 19 -COUNCIL BILL NO. 2561
ORDINANCE NO. 2383
11"
Commercial
Store
~ ~
'. ~.~
. \;:' ~
E-2 : B-2 L ~~~ 1 E-I ~ 8-8 J
L I ,.1:. J:.L
I 600 Angle Parking
- - - - - - - - - - - - - - - - - - - -.! - - - - - - - -- - - - - - - - - --
Sidewalk
900 Angle Parking
Note: C. D, 0-0, E-I, & E-2 relate to Table 3.1.4, Parking Space and Aisle Dimensions
Figure 6.10 Parking Space and Aisle Dimensions
Section 69. The amendments and revisions made by this Ordinance are
justified and explained by the Legislative Findings which are attached hereto as
Exhibit "A" and incorporated herein by this reference.
Section 70. This Ordinance is effective on May 1, 2005.
Section 71. 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.
Approved as to form:
Appr
Passed by the Council
Submitted to the Mayor
March 16, 2005
Page 20 -COUNCIL BILL NO. 2561
ORDINANCE NO. 2383
lr
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page 21 -COUNCIL BILL NO. 2561
ORDINANCE NO. 2383
Ma rc h 16. 2005
March 16, 2005
11"
EXHIBIT "A"
LEGISLATIVE FINDINGS
AMENDMENT OF THE WOODBURN DEVELOPMENT ORDINANCE
BACKGROUND:
The WDO was adopted by the City Council in July 2002. Section 1.101.08 of the
WDO states that the Community Development Director shall report potential
modifications of the WDO (due to new state and/or federal laws and rules, case
law precedents, scrivener errors, and interpretations) to the City Council at the
first meeting in the month of November so that the City Council may consider
initiating appropriate measures to modify the WDO. A list of issues was provided
to the City Council at their November 10, 2003 meeting. The City Council
adopted Resolution No. 1745 on December 8, 2003 initiating the annual review
of the Woodburn Development Ordinance (WDO). The proposed revisions have
been sorted into two categories. The proposed revisions in the first category are
minor amendments to the WDO, which do not require Measure 56 notice. The
proposed revisions in the second category are major amendments to the WDO
that require Measure 56 notice. The proposed revisions in the first category are
the subject of this decision.
On September 27, 2004, the Mayor appointed a focus group to review city
staff's draft revisions to the WDO. The focus group consisted of three members
representing various interests composed as follows:
1. Jim Cox, City Council Member
2. Richard Knoles, Planning Commission Member
3. Dave Christoff, Business Community Representative
The focus group began its review of the draft revisions of the WDO (first
category) on October 29, 2004 and completed its review on December 10,
2004. The focus group by consensus made numerous revisions to city staff's
draft.
On January 27, 2005, the Planning Commission held a public hearing to consider
public testimony regarding the proposed revisions to the Woodburn
Development Ordinance. On February 10, 2005 the Planning Commission
adopted a final order recommending the City Council approve the Final Focus
Group Draft.
A notice of public hearing to be held before the City Council on February 28,
2005 was published in the Woodburn Independent in compliance with City
ordinances.
WDO Update Legislative Findings
I
The final draft revisions of the WDO were made available for public review at
City Hall. This proposal was processed as a Type V legislative application that
requires the Planning Commission to make a recommendation on the proposed
WDO revisions to the City Council. The City Council is the final decision maker.
FINDINGS:
The Woodburn Development Ordinance was adopted by the City Council
effective in July 2002. The WDO was an entirely new code from the previous City
codes. It was expected that after the ordinance was implemented, minor
revisions would need to be made in regard to policy changes, clarifications, and
grammatical and typographical errors. Thus, a process was included in Section
1.101.08 of the WDO for an annual review of the WDO. The proposed revisions
to the WDO were generated as part of the annual review of the WDO process.
Substantive revisions to the WDO are summarized as follows:
1. Add a process for the revocation or modification of a permit.
2. Allow non-conforming single family dwellings in all zones to be rebuilt if
destroyed to allow for homeowners to refinance their homes.
3. Amend the code so that a change or expansion of an existing use
triggers the wall and refuse facilities requirements in the code.
4. Amend lot coverage in the Retirement Community Single Family
Residential (RIS) Zone to allow a maximum of 40% for lots containing a
primary building with an average height of 14 feet or less, and a
maximum of 35% for lots with a primary building with an average height
of more than 14 feet. This proposed revision to the WDO will allow the
RIS Zone to have the same lot coverage standard as the Single Family
Residential (RS) Zone.
5. Allow for exceptions to the front yard setback for small structures (i.e. -
trellis, arbor, pergola and archway).
6. Update Manufactured Dwelling Park standards to make them
consistent with state law.
7. Revise the Medium Density Residential (RM) Zone so that the single
family dwelling setback standards in the RS zone apply to single family
dwellings in the RM zone.
WDO Update Legislative Findings
2
8. Move the provision in the commercial zones that the maximum yard
abutting a street shall be 150 feet to the architectural guidelines section
of the WDO where this provision would be a "should." The above
stated revision would allow staff more flexibility in applying the 150 foot
maximum yard setback based on the size and shape of a commercial
lot and the existing buildings on a commercial site.
9. Allow the initial required height of a fence on the side lot line abutting a
street to be increased from 3 1f2 feet to 4 feet at the side property line
adjacent to the street to allow for more privacy and security.
10. Remove the requirement that property line adjustments be subject to
the access permit requirement and link the access section to the street
section of the WDO. Two decisions (Court of Appeals and LUBA) were
made where it was found that the nexus did not exist between a street
improvement and a property line adjustment. Also, there is currently
not a link in the access section to the street section of the WDO.
11. Reduce the required by-pass lane width for a drive-through from 12
feet to 8 feet. A 24 foot wide drive-through and by-pass lane is wider
than necessary. It is difficult for an applicant to meet the 24 foot wide
drive-through and by-pass lane requirement on a commercial infill site.
12. Require at least 2 public street accesses for residential subdivisions with
25 or more lots. The WDO is unclear in regard to the City's ability to
condition 2 public street accesses. Several subdivision applications
have been processed where the City determined that 2 public street
accesses were necessary.
13. Require the paving of a driveway and parking for a detached garage.
The paving of a driveway and parking for an attached garage is
required in Section 3.1 04.05.B and C of the WDO. Requiring the paving
of a driveway and parking for a detached garage is consistent with the
above stated standard in the WDO.
14. Provide a 12 foot minimum and 20 foot maximum one-way commercial
and industrial driveway width standard. A one-way commercial and
industrial driveway width standard was not included in the WDO. Many
commercial and industrial developments have wanted to provide a
one-way driveway and had no standard in the code to follow.
15.Change the compact parking stall width from 9 feet to 7.5 feet to
match the 7.5 foot curb length for a 90 degree aisle. The compact
WDO Update Legislative Findings 3
parking stall width needs to be changed to accurately reflect a
compact parking stall width.
16. Remove the non-habitable spaces in single family dwellings from the
window calculation requirement. It is very difficult for the window
calculation requirement to be met when non-habitable spaces (i.e -
garage and attic) in single family dwellings are counted in the window
calculation requirement.
17.Revise Section 4.102 of the WDO concerning appeals to make it
consistent with state law.
18. Remove the code language that expansions adding less than 10%
gross floor area trigger an administrative Type II design review request.
Structures have to be less than 1,000 square feet to trigger an
administrative Type II design review request.
19. Revise code to allow parking in a required setback adjacent to a wall.
Landscaping is already required in the front yard setback of the RM,
CO, CG, IP, IL and P/SP zones to help screen cars on the front of sites
that are parked perpendicular to a wall. Section 3.106.03.A.2.b.2
requires that all parking areas abutting a street shall provide a 42 inch
vertical visual screen from the abutting street grade. Acceptable
design techniques to provide the screening include plant materials;
berms; free standing, architectural walls with an anti-graffiti finish; and
depressed grade for the parking area. All screening shall comply with
the vision standards of Section 3.103.10 of the WDO.
20. Revise use of "certify" related to review of Planned Unit Development
Final Plan Approval. Need to change "certify" to "review and
approve" since "certify" does not accurately reflect the approval
process.
The proposed reVISions to the WDO are consistent with the goals and
policies in the Woodburn Comprehensive Plan and no changes are
proposed that require an amendment to the Comprehensive Plan
because the proposed revisions are relatively minor.
WDO Update Legislative Findings
4
j[