Chapter 17.32
CONDITIONAL USES
Sections:
17.32.010 Authorization to grant or deny conditional uses.
17.32.020 Standards for granting conditional uses.
17.32.030 Placing conditions on a permit.
17.32.040 Procedure for taking action on a conditional use application.
17.32.080 Revocation of conditional use permit.
17.32.010 Authorization to grant or deny conditional uses.
Conditional uses listed in this title may be permitted, enlarged, or otherwise altered upon authorization by the planning commission in accordance with the standards and conditions in this chapter. In permitting a conditional use or the modification of a conditional use, the planning commission may impose, in addition to those standards and requirements expressly specified by this title, any additional conditions which the planning commission considers necessary to protect the best interest of the surrounding property or the city as a whole. [Ord. 01-02 § 2 (Exh. 2 § 5.1(1)), 2001.]
17.32.020 Standards for granting conditional uses.
A. The proposal will be consistent with the comprehensive plan and the objectives of this title and other applicable policies of the city.
B. Taking into account location, size, design and operation characteristics, the proposal will have minimal adverse impact on the (1) livability, (2) value, and (3) appropriate development of abutting properties and the surrounding area compared to the impact of development that is permitted outright.
C. The location and design of the site and structures for the proposal will be as attractive as the nature of the use and its setting warrants.
D. The proposal will preserve assets of particular interest to the community.
E. The applicant has a bona fide intent and capability to develop and use the land as proposed and has some appropriate purpose for submitting the proposal, and is not motivated solely by such purposes as the alteration of property values for speculative purposes. [Ord. 01-02 § 2 (Exh. 2 § 5.1(2)), 2001.]
17.32.030 Placing conditions on a permit.
In permitting a new conditional use or the alteration of an existing conditional use, the planning commission may impose conditions which it finds necessary to avoid a detrimental impact and to otherwise protect the best interests of the surrounding area or the community as a whole. These conditions may include the following:
A. Increasing the required lot size or yard dimension;
B. Limiting the height, size or location of buildings;
C. Controlling the location and number of vehicle access points;
D. Increasing the street width;
E. Increasing the number of required off-street parking spaces;
F. Limiting the number, size, location and lighting of signs;
G. Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property;
H. Designating sites for open space;
I. Requiring proper drainage and pest control;
J. Placing time limits on the use and requiring periodic reviews. [Ord. 01-02 § 2 (Exh. 2 § 5.1(3)), 2001.]
17.32.040 Procedure for taking action on a conditional use application.
A. Application for a Conditional Use. A property owner shall initiate a request for a conditional use or the modification of a conditional use by filing an application along with drawings or information necessary to an understanding of the proposed uses and its relationship to surrounding properties.
B. Public Hearings on Conditional Use. Before the planning commission can act on a conditional use request, a public hearing must be held.
C. Notification Action. Within five days following the planning commission decision, the city recorder shall provide the applicant with written notice of the planning commission’s action on the application.
D. Time Limit on a Permit for Conditional Use. Authorization of a conditional use shall be void after six months, unless substantial construction pursuant thereto has taken place. However, the planning commission may, at its discretion, extend authorization for an additional six months on request. [Ord. 01-02 § 2 (Exh. 2 § 5.1(4)), 2001.]
17.32.050 Resubmittal.
If a request is denied by the city staff or hearing body and no appeal is filed, or if upon review or appeal the denial is affirmed, no new request for the same or substantially similar proposal shall be filed within six months after the date of final denial. An application may be denied without prejudice and a waiver of the six-month restriction granted. If conditions have changed to an extent that further consideration of an application is warranted, the hearing body, on its own motion, may consider new evidence and waive the six-month restriction. [Ord. 01-02 § 2 (Exh. 2 § 5.1(5)), 2001.]
17.32.060 Final action.
Except as provided for under ORS 227.178, the city shall take final action on conditional use permits and variances, including the resolution of all appeals to the city council under ORS 227.180, within 120 days from the date a complete application is submitted to the city. Within 30 days of receipt of an application, the city will review the application to determine whether it is complete. The applicant will be notified of any missing materials within the 30-day period. The 120-day time period will commence on the date the application is deemed complete. [Ord. 01-02 § 2 (Exh. 2 § 5.1(6)), 2001.]
17.32.070 Existing land uses.
A. Land uses which lawfully existed at the time of the adoption of the ordinance codified in this title and which would be considered as conditional uses in this title shall be considered as existing conditional uses.
B. An expansion, enlargement or change of use to another listed conditional use shall be required to be approved by the planning commission in accordance with this chapter. [Ord. 01-02 § 2 (Exh. 2 § 5.1(7)), 2001.]
17.32.080 Revocation of conditional use permit.
A. Any conditional use permit shall be subject to denial or revocation by the planning commission if the application includes or included any false information, or if the conditions of approval have not been complied with or are not being maintained.
B. In order to consider revocation of a conditional use permit, the planning commission shall hold a public hearing as prescribed under this chapter and Chapter 17.36 CMC in order for the holder of a conditional use permit to show cause why the permit should not be revoked.
C. If the planning commission finds that the conditions of approval have not been complied with or are not being maintained, a reasonable time shall be given for making corrections. If corrections are not made, revocation of the conditional use permit shall become effective 10 days after the time specified.
D. Reapplication for a conditional use which has been revoked cannot be made within one year after the date of the planning commission’s action, except that the planning commission may allow a new application to be considered if new evidence or a change in circumstances warrant it. [Ord. 01-02 § 2 (Exh. 2 § 5.1(8)), 2001.]