Following a public hearing, the planning commission may grant a conditional use, subject to such reasonable modifications and conditions as are deemed necessary to protect the interests of surrounding property owners or neighborhood, and to otherwise achieve the purposes of this title. Nothing in this title shall be interpreted as requiring that a conditional use request be granted. Approval of a conditional use shall not constitute a change of zoning and shall be granted only for the specific use requested. The setbacks and limitations of the underlying zone shall apply to the approved use.
A. Permit Requirements: A conditional use permit shall be obtained for each use approved prior to development of the use. The permit shall stipulate any conditions or modifications imposed by the planning commission, in addition to these specifically set forth in this title. The conditions may be changed after the granting of the permit only by the mutual agreement of the city and the permit holder.
1. A permit may be suspended or revoked by the planning commission, following a quasi-judicial public hearing, if the conditions imposed are not satisfied. Notice of the hearing shall be provided as described in section 9-3-7 of this title. A suspended permit may be reinstated by the planning commission if it determines the conditions have been satisfied. A revoked permit may not be reinstated; a new application must be made to the planning commission.
2. The conditional use must be established within two (2) years of permit approval or the permit shall be declared null and void. Upon receipt of a request, the planning commission may extend a permit for one additional two (2) year period, if it finds that circumstances beyond the applicant's control have prevented action being taken to establish the use.
B. Criteria For Granting Conditional Use: A conditional use request may be approved if the planning commission finds that the use meets all of the following criteria:
1. The use is listed as a conditional use in the zone currently applied to the site.
2. The use meets the specific standards as listed in this section.
3. The proposed location is one that can be adequately served by public facilities, or the proposed use can be located in a manner that will not preclude the development of public facilities planned for the future.
4. The characteristics of the site are suitable for the proposed use considering the size, shape, location, topography, existence of improvements, and the natural features.
5. The proposed use will not create any hazardous conditions.
C. Standards For Conditional Use In Residential Zone:
1. The use shall be located on a collector or arterial street.
2. The use shall be served by public sewer and water.
3. Home occupations shall meet the requirements of section 9-13-4 of this title, and may be required to provide off street parking if such is deemed necessary by the planning commission.
4. A landscaping plan shall be submitted meeting the requirements of section 9-10-6 of this title.
D. Standards For Conditional Use In R-7 Or R-5 Zone: In addition to those listed in subsection C of this section, the minimum lot size for a triplex shall be ten thousand (10,000) square feet.
E. Standards For Conditional Use In MFR Zone: In addition to those listed in subsection C of this section, a mobile home park request shall comply with the following:
1. A development plan shall accompany each application and shall contain details on the following items: topography, public utilities, parking, streets, landscaping, and any other reasonable information required by the planning commission.
2. The development plan shall comply with all applicable codes and ordinances and the following minimum standards:
a. Each site shall be adequately served by public services and facilities such as water, sewers, sidewalks and improved streets. Each mobile home unit shall be provided with water, sewer and electrical connections.
b. There shall not be more than fifteen (15) mobile home units per gross acre.
c. All mobile homes shall be located at least twenty five feet (25') from any public street or highway and at least ten feet (10') from a side or rear property line.
d. No structure shall exceed thirty five feet (35') in height.
e. There shall be a minimum of two (2) off street parking spaces for every mobile home unit.
f. Accessways or driveways shall be lighted in accordance with the city street lighting standards for urban residential streets as approved by the planning commission.
g. All mobile home parks containing a total area of ten (10) acres or more shall provide secondary access into the park.
h. Cul-de-sacs shall not exceed five hundred feet (500') in length.
i. Driveways shall be designed to provide for all maneuvering and parking of mobile homes without encroaching on a public street.
j. A sight obscuring fence, evergreen hedge or wall, not less than five feet (5') nor more than eight feet (8') in height, may be required by the planning commission in order to surround or partially surround each mobile home park site.
k. The planning commission may require a public access walkway.
l. Each mobile home space shall contain a minimum of two thousand five hundred (2,500) square feet; however, the owner has the option to reduce the minimum size to two thousand (2,000) square feet if an area of two hundred fifty (250) square feet for each mobile home is provided as recreational area. Recreational area requirements are detailed in subsection E2m of this section. Each mobile home space shall be a minimum of twenty five feet (25') in width, and shall abut on a drive with unobstructed access to a street. Mobile homes shall be sited so as to have a minimum of fifteen feet (15') between each unit.
m. Recreational areas, as required under this section, shall be a minimum of two thousand five hundred (2,500) square feet in size, suitably equipped, restricted to recreational uses and protected from streets and parking areas.
n. No mobile home shall remain in a mobile home park unless space is available.
o. Permanent structures located on any mobile home space shall be used for storage purposes only. These structures shall have a minimum area of twenty five (25) square feet, be located not less than six feet (6') from any mobile home and shall be subject to all of the applicable provisions of the state building code standards. These structures shall be uniform and included in the plan submitted to and approved by the planning commission.
3. The planning commission may approve, disapprove or modify any application and attach reasonable conditions to the development plan. No building permit shall be issued except for construction conforming to the approved development plan.
F. Standards For Conditional Use In Commercial Zone:
1. The use shall be located on an arterial or collector street.
2. The use shall be served by public sewer and water.
3. The use shall conform with all other restrictions of the zone.
4. Signs advertising the use shall meet the provisions of chapter 12 of this title.
G. Standards For Adult Business Conditional Use:
1. In addition to the regulations of this title, an adult business must comply with all the requirements of this Code, which would be applicable to the use as if such activity were not restricted to any persons under twenty one (21) years of age.
2. The adult business shall not be located within two hundred fifty feet (250') of any tax lot upon which there is located a church or other religious institution, educational institution primarily attended by minors, a public park or recreational facility, a nursery, preschool or childcare center, a governmental institution, or library. The distance shall be measured in a straight line from the closest edge of the structure in which the adult business is located to the closest edge of the tax lot upon which the above listed facilities are located.
3. The adult business shall not be located within two hundred fifty feet (250') of any Multi-Family Residential Zone (MFR). The distance shall be measured in a straight line from the closest edge of the structure in which the adult business is located to the closest edge of the MFR Zone.
4. All doorways, windows and other openings shall be located, covered or screened in such a manner to prevent a view into the interior from any exterior public or semipublic area.
5. Any change in the nature of a nonconforming adult business activity shall be reviewed by the Planning Commission and may be permitted as a conditional use after a public hearing. The nature of adult business activities consists of the following: gambling, including lottery machines; the serving of alcohol on premises; nudity; or other types of adult business activity. (Ord. 652, 6-4-2008)
H. Standards For Marijuana Dispensary, Grow Site, And Processing Site And Recreational Marijuana Processors, Producers, Retailers, And Wholesalers Conditional Use:
1. In addition to the regulations of this title, medical marijuana dispensary, grow site, and processing site and recreational marijuana processors, producers, retailers, and wholesaler businesses must comply with all the requirements of this Code.
2. A marijuana dispensary or marijuana business shall not be located within one thousand feet (1,000') of any tax lot upon which there is located an educational institution primarily attended by minors or a public park owned and/or maintained by the Clatskanie Parks and Recreation District to include Tax Lots 7408-DB-04801; 7408-DB-04800; 7408-DA-05400; 7408-DA-05500; 7408-DB-04602; 7408-DB-04900; 7408-DB-05500; 7408-DA-05600; and 7408-DD-00400. The distance shall be measured in a straight line from the closest edge of the tax lot where the structure in which the medical marijuana dispensary and/or recreational marijuana business as defined in section 9-2-2 of this title is located to the closest edge of the tax lot upon which the above listed facility is located. (Ord. 679, 4-6-2016)