A. Pursuant to the Transportation Planning Rule, projects that are specifically identified in the Canby Transportation System Plan, for which the City has made all the required land use and goal compliance findings, are permitted outright and subject only to the standards established by the Transportation System Plan. This section pertains to additional transportation projects that may not be identified in the Canby Transportation System Plan, and whether the use is permitted outright or permitted subject to the issuance of a conditional use permit.
1. Except where otherwise specifically regulated by this ordinance, the following improvements are permitted outright:
i. Normal operation, maintenance, repair, and preservation of existing transportation facilities.
ii. installation of culverts, pathways, medians, fencing, guardrails, lighting, and similar types of improvements within the existing right-of-way.
iii. Projects specifically identified in the Transportation System Plan as not requiring further land use regulation.
iv. Landscaping as part of a transportation facility.
v. Emergency measures necessary for safety and the protection of property.
vi. Acquisition of right-of-way for public roads, highways, and other transportation improvements designated in the Transportation System Plan, except for those that are located in exclusive farm use or forest zones.
vii. Construction of a local street or road as part of subdivision or land partition approved consistent with this Ordinance.
2. Except where otherwise specifically regulated by this ordinance, the following improvements are permitted as a conditional use:
a. Construction, reconstruction, or widening, and other projects authorized by the Transportation System Plan but not included in the list of projects in the Transportation System Plan. These projects shall comply with the Transportation System Plan and applicable standards, and shall address the following criteria. For State projects that require an Environmental Impact Statement (EIS) or Environmental Assessment (EA), the draft EIS or EA shall be reviewed and used as the basis for findings to comply with the following criteria:
i. The project is designed to be compatible with existing land use and social patterns, including noise generation, safety, and zoning.
ii. The project is designed to minimize avoidable environmental impacts to identified wetlands, wildlife habitat, air and water quality, cultural resources, and scenic qualities.
iii. The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.
iv. The project includes provision for bicycle and pedestrian circulation as consistent with the Comprehensive Plan and other requirements of this ordinance.
b. If review under this section indicates that the use or activity is not clearly authorized by the Transportation System Plan or this ordinance, a plan amendment shall be undertaken prior to or in conjunction with the conditional use permit review. (Ord. 1043 Section 3, 2000)