Chapter 15.225
CONDITIONAL USE PROCEDURES
Sections:
15.225.010 Description and purpose.
15.225.020 Conditional use permit prerequisite to building.
15.225.040 Concurrent design review.
15.225.050 Additional information.
15.225.060 General conditional use permit criteria – Type III.
15.225.070 Repealed.
15.225.090 Development in accord with plans.
15.225.100 Conditional use permit must be exercised to be effective.
15.225.110 Preexisting uses now listed as a conditional use.
15.225.010 Description and purpose.
A. It is recognized that certain types of uses require special consideration prior to their being permitted in a particular district. The reasons for requiring such special consideration involves, among other things, the size of the area required for the full development of such uses, the nature of the traffic problems incidental to operation of the use, the effect such uses have on any adjoining land uses and on the growth and development of the community as a whole.
B. All uses permitted conditionally are declared to be possessing such unique and special characteristics as to make impractical their being included as outright uses in any of the various districts herein defined. The authority for the location and operation of the uses shall be subject to review and the issuance of a conditional use permit. The purpose of review shall be to determine that the characteristics of any such use shall be reasonably compatible with the type of uses permitted in surrounding areas, and for the further purpose of stipulating such conditions as may be reasonable so that the basic purposes of this code shall be served. Nothing construed herein shall be deemed to require the hearing body to grant a conditional use permit. [Ord. 2536, 11-16-00; Ord. 2451, 12-2-96. Code 2001 § 151.205.]
15.225.020 Conditional use permit prerequisite to building.
No building permit shall be issued when a conditional use permit is required by the terms of this code unless a permit has been granted by the hearing body and then only in accordance with the terms and conditions of the conditional use permit. Conditional use permits may be temporary or permanent for any use or purpose for which such permits are required or permitted by provisions of this code. [Ord. 2451, 12-2-96. Code 2001 § 151.206.]
15.225.030 Application.
Application for a conditional use permit shall be accompanied by such information including, but not limited to, site and building plans, drawings and elevations, and operational data, as may be required by the director to allow proper evaluation of the proposal. The plan submittal requirements identified in NMC 15.220.030 and 15.445.190 shall be used as a guide. All proposals for conditional use permit shall be accompanied by a detailed project description which includes information such as the use, information relating to utilities, the number of employees, the hours of operation, traffic information, odor impacts, and other information needed to adequately describe the project. [Ord. 2536, 11-6-00; Ord. 2451, 12-2-96. Code 2001 § 151.207.]
15.225.040 Concurrent design review.
If new buildings or structures are to be included as part of the application, the planning commission shall concurrently review the application for site design review in order to streamline the review process. [Ord. 2451, 12-2-96. Code 2001 § 151.208.]
15.225.050 Additional information.
In order to fully evaluate the proposal, additional information may be required. This includes but is not limited to traffic studies, noise studies, visual analysis, and other site impact studies as determined by the director or planning commission. [Ord. 2451, 12-2-96. Code 2001 § 151.209.]
15.225.060 General conditional use permit criteria – Type III.
A conditional use permit may be granted through a Type III procedure only if the proposal conforms to all the following criteria:
A. The location, size, design and operating characteristics of the proposed development are such that it can be made reasonably compatible with and have minimal impact on the livability or appropriate development of abutting properties and the surrounding neighborhood, with consideration to be given to harmony in scale, bulk, coverage and density; to the availability of public facilities and utilities; to the generation of traffic and the capacity of surrounding streets, and to any other relevant impact of the development.
B. The location, design, and site planning of the proposed development will provide a convenient and functional living, working, shopping or civic environment, and will be as attractive as the nature of the use and its location and setting warrants.
C. The proposed development will be consistent with this code. [Ord. 2451, 12-2-96. Code 2001 § 151.210.]
15.225.070 Conditional uses permitted in any zoning district.
Repealed by Ord. 2763. [Ord. 2619, 5-16-05; Ord. 2507, 3-1-99; Ord. 2451, 12-2-96. Code 2001 § 151.211.]
15.225.080 Conditions.
The hearing body shall designate conditions in connection with the conditional use permit deemed necessary to secure the purpose of this chapter and the general conditional use permit criteria and require the guarantees and evidence that such conditions will be complied with. Such conditions may include:
A. Regulation of uses.
B. Special yards, spaces.
C. Fences and walls.
D. Surfacing of parking areas to city specifications.
E. Street dedications and improvements (or bonds).
F. Regulation of points of vehicular ingress and egress.
G. Regulation of signs.
H. Landscaping and maintenance of landscaping.
I. Maintenance of the grounds.
J. Regulation of noise, vibration, odors or other similar nuisances.
K. Regulation of time for certain activities.
L. Time period within which the proposed use shall be developed.
M. Duration of use.
N. Such other conditions as will make possible the development of the city in an orderly and efficient manner in conformity with the Newberg comprehensive plan and the Newberg development code. [Ord. 2451, 12-2-96. Code 2001 § 151.212.]
15.225.090 Development in accord with plans.
Construction, site development, and landscaping shall be carried out in substantial accord with the plans, drawings, conditions, sketches, and other documents approved as part of a final decision on a conditional use permit. [Ord. 2451, 12-2-96. Code 2001 § 151.213.]
15.225.100 Conditional use permit must be exercised to be effective.
A. A conditional use permit granted under this code shall be effective only when the exercise of the right granted thereunder shall be commenced within one year from the effective date of the decision. The director under a Type I procedure may grant an extension for up to six months if the applicant files a request in writing prior to the expiration of the approval and demonstrates compliance with the following:
1. The land use designation of the property has not been changed since the initial use permit approval; and
2. The applicable standards in this code which applied to the project have not changed.
B. In case such right is not exercised, or extension obtained, the conditional use permit decision shall be void. Any conditional use permit granted pursuant to this code is transferable to subsequent owners or contract purchasers of the property unless otherwise provided at the time of granting such permit. [Ord. 2451, 12-2-96. Code 2001 § 151.214.]
15.225.110 Preexisting uses now listed as a conditional use.
Where a use is legally established and continuing, but that use currently would require a conditional use permit, the use shall be considered as having a conditional use permit under the terms of the prior permit approval. Any nonconforming site development shall be subject to the provisions of Chapter 15.205 NMC. [Ord. 2763 § 1 (Exh. A § 3), 9-16-13.]