BEFORE THE CITY COUNCIL
FOR THE CITY OF HOOD RIVER, OREGON
ORDINANCE NO. 2004
An Ordinance Amending the Hood River Municipal Code
Title 17 (Zoning) Chapter 1 (General Provisions), Chapter 3 (Land Use Zones) and Chapter 4 (Supplementary Provisions), repealing Chapter 13 (Sign Regulations), and Adopting a new Title 18 (Signs and Related Regulations), Chapter 01 (General Provisions) and Chapter 02 (Sign Regulations).
The Hood River City Council finds as follows:
WHEREAS, the City Council determined there was a need to update and revise certain provisions in Title 17 of the Hood River Municipal Code (“HRMC”) and to remove the Sign Code from Title 17 and place it in its own non-land use title, Title 18, to address a variety of issues affecting the community; and
WHEREAS, the City commissioned and adopted an Economic Opportunities Analysis (“EOA”) under State-wide Planning Goal 9 (Economic Development) that was adopted by the City Council on July 11, 2011 as Ordinance 1994, and which recommended revision of certain goals, policies and implementation strategies under Goal 9 (Economic Development) of the Comprehensive Plan associated with improving employment opportunities; and
WHEREAS, Policy 6 of Goal 9 (Economic Development) recognizes that the City has several commercial areas that have unique characteristics including the Central Business District, The Heights Business District, the Waterfront, and West Cascade. Policy 6 states that the City will seek to distinguish these differences and propose ways to maintain these distinct employment districts; and
WHEREAS, the EOA also recommended certain zoning ordinance (Title 17) amendments in commercial and industrial zones to improve employment opportunities, including prohibiting low density single-family, duplex and triplex residential uses in the General Commercial (C-2) Zone, but conditionally allowing mixed-use development subject to certain standards; and
WHEREAS, in association with Ordinance 1994, the City Council adopted certain zoning ordinance amendments to the General Commercial (C-2) Zone to eliminate single family dwellings and accessory uses, duplexes and triplexes as outright permitted uses; to allow conditionally stand-alone residential dwellings subject to a minimum density standard and only when developed as Planned Unit Developments; and, to allow conditionally residential uses constructed in conjunction with commercial uses on the same lot or parcel subject to a minimum density standard; and
WHEREAS, due to time constraints associated with a grant funding the EOA, the zoning ordinance amendments adopted with Ordinance 1994 were not comprehensive enough, and it became apparent that additional amendments were needed to better implement the EOA; and
WHEREAS, a conditional use permit requirement for dwellings in the C-2 Zone is not a legally sufficient basis to prohibit dwellings which is called for when residential development conflicts with the need for commercial job-creating development; and
WHEREAS, since the adoption of Ordinance 1994, the City Council has concluded that construction of dwellings in the General Commercial (C-2) Zone within the Waterfront area may conflict with the overriding policy of creating employment opportunities in that area, which means promoting commercial and industrial development; and
WHEREAS, currently there are no residential dwellings located in the C-2 Zone within the Waterfront area; and
WHEREAS, the City Council determined that residential uses in the Waterfront area should be eliminated in order to stem the erosion of the commercial land base but, after receiving compelling testimony from property owners, determined that a compromise would be acceptable that allows residential uses subject to special restrictions intended to ensure residential uses remain subordinate and complimentary to commercial uses;
WHEREAS, any restrictions on residential development in the Waterfront area may be revised in the future to facilitate additional residential development when it is found to support employment opportunities and is otherwise consistent with the goals, policies and implementation strategies of the Comprehensive Plan and the EOA; and
WHEREAS, greater flexibility is needed for placement of garden sheds and similar structures that are accessory to residential dwellings in the Urban Low Density Residential (R-1), Urban Standard Density Residential (R-2), Urban High Density Residential (R-3) and Office/Residential (C-1) zoning districts; and
WHEREAS, allowing small accessory structures to be placed within the normal setbacks without adversely impacting neighboring properties is a more efficient use of land; and
WHEREAS, to avoid conflicts with State land use laws, the City desires to remove Sign Regulations from the Zoning Ordinance (Title 17) and to place the Sign Regulations and associated definitions in a separate new title (Title 18) of the Hood River Municipal Code; and
WHEREAS, the Hood River Planning Commission held public work sessions on these zoning ordinance amendment proposals on September 17, 2012 and October 1, 2012; and
WHEREAS, Notice of a Proposed Amendment was mailed to the Oregon Department of Land Conservation and Development (DLCD) on October 15, 2012, which was 35 days prior to the first evidentiary hearing; and
WHEREAS, notices were mailed in accordance with ORS 227.186 (Measure 56) on October 31, 2012, to owners of property zoned General Commercial (C-2) located north of Interstate 84, west of the Hood River (SR-35) Bridge, and east of the Hook; and
WHEREAS, notice of the proposed municipal code amendments was published in the Legal Notices section of the Hood River News on November 7, 2012; and
WHEREAS, the Planning Commission held a public hearing on November 19, 2012, and recommended adoption of amendments to the Hood River Municipal Code set forth in Exhibits B and C, attached hereto and by this reference incorporated herein; and
WHEREAS, the City Council opened a public hearing to consider these Municipal Code amendments on December 10, 2012 and continued the hearing to January 14, 2013; and
WHEREAS, the City Council considered the Planning Commission’s recommendations in a public hearing at its regular meetings on January 14, 2013, January 28, 2013, and February 11, 2013, at which time it accepted public testimony; and
WHEREAS, after due consideration and public deliberation, the City Council voted to tentatively approve the amendments as set forth in Exhibit A, B and C.
NOW THEREFORE, based on the foregoing Findings, the Hood River City Council ordains as follows:
Section 1 - General Commercial (C-2) Zone Revision. The Hood River Municipal Code, Title 17 (Zoning), Chapter 01 (General Provisions), Sections 17.01.050 (General Commercial Zone C-2) and 17.01.060 (Definitions) are hereby amended to read as set forth in Exhibit A, attached hereto and by this reference made a part hereof. In particular, HRMC §17.03.050 is amended to place special restrictions on residential uses as conditional uses in the Waterfront area, and HRMC §17.01.060 is amended to redefine WATERFRONT.
Section 2 – Small sheds allowed within side- and rear-yard setbacks. The Hood River Municipal Code, Title 17 (Zoning), Chapter 04 (Supplementary Provisions), Section 17.04.030 (General Provisions Regarding Accessory Uses) is hereby amended to read as set forth in Exhibit B, attached hereto and by this reference made a part hereof. In particular, HRMC §17.04.030 is amended to reduce setback requirements to a minimum of three feet from side and rear property lines in the Urban Low Density Residential (R-1), Urban Standard Density Residential (R-2), Urban High Density Residential (R-3) and Office/Residential (C-1) zoning districts for accessory structures (sheds) that are less than 10 feet tall and less than 100 square feet in area.
Section 3 – Repeal of the City’s Sign Regulations in Chapter 17.13. The Hood River Municipal Code, Title 17 (Zoning), Chapter 13 (Sign Regulations) is hereby repealed in its entirety.
Section 4 – Amendment of HRMC 17.01.060 deleting references to Sign Regulations. The Hood River Municipal Code, Title 17 (Zoning), Chapter 01 (General Provisions), Section 17.01.060 (Definitions) is hereby amended to read as set forth in Exhibit C, attached hereto and by this reference made a part hereof. In particular, HRMC §17.01.060 is amended to remove definitions associated with Sign Regulations.
Section 5 – Adoption of Revised Sign Regulations in Title 18. The Hood River Municipal Code is hereby amended by adopting Title 18 (Signs and Related Regulations), Chapter 1 (General Provisions) and Chapter 2 (Sign Regulations) as set forth in Exhibit C, attached hereto and by this reference made a part hereof.
Read for the First Time this 11th day of February, 2013.
Read for the Second Time and approved this 25th day of February 2013. This Ordinance shall take effect on the 31st day following the second reading.
Arthur Babitz, Mayor
Jennifer Gray, City Recorder Approved as to form:
Daniel Kearns, City Attorney