Chapter 14.44
– Conditional Use Permits
Sections:
14.44.100 Conditional Use Permits - Purpose
14.44.200 Conditional Use Permits - Approvals Process
14.44.300 Conditional Use Permits - Application Submission Requirements
14.44.400 Conditional Use Permits - Criteria, Standards and Conditions of Approval
14.44.500 Conditional Use Permits - Additional Development Standards
14.44.100 Conditional Use Permits - Purpose
There are certain uses, which, due to the nature of their impacts on surrounding land uses and public facilities, require a case-by-case review and analysis. These are identified as “Conditional Uses” in Chapter 2 - Land Use Districts or Chapter 14.37 – Sensitive Lands. The purpose of Chapter 14.44 is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.4.100)
14.44.200 Conditional Use Permits - Approvals Process
A. Initial Application. An application for a new conditional use shall be processed as a Type III procedure (Section 14.41.400). The application shall meet submission requirements in Section 14.44.300, and the approval criteria contained in Section 14.44.400.
B. Modification of Approved or Existing Conditional Use. Modifications to approved or existing conditional uses shall be processed in accordance with Chapter 14.46 - Modifications. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.4.200)
14.44.300 Conditional Use Permits - Application Submission Requirements
In addition to the submission requirements required in Chapter 14.41, an application for conditional use approval must include the following information (1-8), as applicable. For a description of each item, please refer to Section 14.42.500 - Site Design Review Application Submission Requirements:
1. Existing site conditions;
2. Site plan;
3. Preliminary grading plan;
4. A landscape plan;
5. Architectural drawings of all structures;
6. Drawings of all proposed signs;
7. A copy of all existing and proposed restrictions or covenants;
8. A copy of an approved State Access Permit, if taking new access onto a State Highway;
9. Narrative report or letter documenting compliance with all applicable approval criteria in Section 14.44.400;
10. Narrative report documenting compliance with all applicable approval criteria and conditions in Section 14.37.400 Willamette River Greenway as applicable. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.4.300)
14.44.400 Conditional Use Permits - Criteria, Standards and Conditions of Approval
The City shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the standards and criteria in A-C.
A. Use Criteria.
1. The site size, dimensions, location, topography and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations;
2. The negative impacts of the proposed use on adjacent properties and on the public can be mitigated through application of other Code standards, or other reasonable conditions of approval;
3. All required public facilities have adequate capacity to serve the proposal; and
4. Willamette River Greenway criteria in Section 14.37.400 have been met, as applicable.
B. Site Design Standards. The Site Design Review approval criteria (Section 14.42.600) shall be met.
C. Conditions of Approval. The City may impose conditions that are found necessary to ensure that the use is compatible with other uses in the vicinity, and that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions include, but are not limited to, the following:
1. Limiting the hours, days, place and/or manner of operation;
2. Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor and/or dust;
3. Requiring larger setback areas, lot area, and/or lot depth or width;
4. Limiting the building or structure height, size or lot coverage, and/or location on the site;
5. Designating the size, number, location and/or design of vehicle access points or parking areas;
6. Requiring street right-of-way to be dedicated and street(s), sidewalks, curbs, planting strips, pathways, or trails to be improved;
7. Requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas;
8. Limiting the number, size, location, height and/or lighting of signs;
9. Limiting or setting standards for the location, design, and/or intensity of outdoor lighting;
10. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance;
11. Requiring and designating the size, height, location and/or materials for fences;
12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands (Chapter 14.37);
13. Requiring the dedication of sufficient land to the public, and/or construction of pedestrian/bicycle pathways in accordance with the adopted plans, or requiring the recording of a local improvement district non-remonstrance agreement for the same. Dedication of land and construction shall conform to the provisions of Chapter 14.31, and Section 14.31.300 in particular;
14. Requiring any conditions of approval deemed necessary to meet criteria and conditions of Section 14.37.400 Willamette River Greenway. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.3.400)
14.44.500 Conditional Use Permits - Additional Development Standards
A. Concurrent Variance Application(s). A conditional use permit shall not grant variances to regulations otherwise prescribed by the Development Code. Variance application(s) may be filed in conjunction with the conditional use application, and both applications may be reviewed at the same hearing.
B. Additional Development Standards. Development standards for specific uses are contained in Chapter 2 - Land Use Districts and in Section 3 – Sensitive Lands. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.4.500)