Order No. 2010-0023

 

 

1.                  In 1998 the Newberg City Council adopted revised sign standards. Signs that were legally in place at that time but that did not meet the new standards, known as “non-conforming signs”, were allowed to remain until 2010. Newberg Development Code Section 151.149 established processes where owners of non-conforming signs could apply to have the signs remain after March 31, 2010, provided they met certain criteria.

 

2.                  Jamie Nibler and John Culver applied to have an existing non-conforming billboard sign at 616 W. First Street remain.

 

3.                  On June 8, 2009, Hearings Officer Paul Norr held a hearing concerning the application. After extending the record to accept additional testimony, Hearings Officer Norr closed the record, considered the evidence, and issued his decision and findings on June 29, 2009 The decision denied the application based on the criteria in Newberg Development Code 151.149(B)(2).

 

4.                  Ordinance 2008-2706 provides that the hearings officer’s decision may be appealed to the City Council. The applicant appealed the decision on July 9, 2009. The City Council heard the matter on September 8, 2009, and continued the hearing to March 1, 2010.

 

5.                  After the time of the hearings officer’s decision, the applicant made substantial landscaping and other improvements to the property. 

 

6.                  After these improvements were made, the City Council found that the application met the applicable criteria as shown in Exhibit “A”. Exhibit “A” is hereby attached and by this reference incorporated.

 

7.                  On March 1, 2010, the Council denied an order that would have upheld the hearing officer’s decision. The Council also directed staff to bring back to Council a request to allow a non-conforming sign to remain on the property under certain conditions.

 

 

1.                  The hearings officer’s decision to deny a request to allow the existing non-conforming billboard sign to remain at the Newberg Auto Electric site at 616 W. First Street is hereby reversed.

 

 

2.                  The application File NCSIGN-09-005 to allow the existing non-conforming billboard sign located at 616 W. First Street to remain is hereby approved, subject to the following conditions:

 

a.         The applicant shall install the landscaping as described in Exhibit “B” within 30 days of the date of this order. Exhibit “B” is hereby attached and by this reference incorporated. Said landscaping shall be maintained.

 

b.         The sign may remain in place, and is subject to future removal if any of the conditions described in Newberg Development Code 151.149 (C), (D), and (E) apply, except that the copy on the existing sign face may be changed.