In addition to the standards of the zone in which the conditional use is located and other standards of this chapter, conditional uses shall meet the following standards.
(A) The site under consideration is suitable for the proposed use considering:
(1) The size, design, and operating characteristics of the use;
(2) The adequacy of transportation access to the site;
(3) The natural and physical features of the site, such as general topography and natural resource values;
(4) The proposed use is compatible with existing and permitted uses on adjacent lands, considering the factors in division (A)(1) above;
(5) Any lighting provided shall not shine or glare onto adjoining streets or properties. Suggest using lights of low stature with shielding. The applicant shall demonstrate through a lighting plan that this standard is met; and
(6) Landscaping shall be designed to provide adequate vegetative cover.
(B) Special setback requirements.
(1) Buildings and pens, which are a part of kennels and animal hospitals, and active recreation use areas which are a part of outdoor commercial amusement or recreation establishments, shall be located no closer than 75 feet from a residential zone.
(2) Clubs, lodges, or fraternal organizations in an R-4 Zone, and community swimming pools and buildings housing recreational facilities in residential zones, shall be located no closer than 30 feet from any other lot in a residential zone.
(C) Standards for cemeteries. Land used or intended to be used for the burial of the dead. Cemeteries may include columbarium, crematoria, mausoleums, and mortuaries within their boundaries.
(1) The minimum lot area for earthen burial purposes only shall be two acres.
(2) The minimum lot size when a columbarium, crematorium, mausoleum, or mortuary is included in the cemetery shall be five acres.
(3) Cemeteries shall be landscaped and there shall be a buffer as determined by the Planning Commission.
(4) A plat of the cemetery must be recorded in accordance with the applicable state statute.
(5) No cemetery lots shall be sold prior to development and approval of an irrigation system for grounds maintenance.
(6) The maximum sign area shall be 20 feet.
(7) All uses must comply with the applicable state standards.
(D) Standards for day care facilities. Day care facilities are permitted subject to the following.
(1) The minimum front and rear yards shall be 20 feet.
(2) The minimum side yard shall be ten feet.
(3) All state and county licensing and health department requirements must be met.
(4) There shall be a maximum lot coverage of 40%.
(5) The minimum lot area for day care facilities in a residential district or adjacent to a residential district shall be a minimum 10,000 square feet.
(6) The Planning Commission may require a fenced outdoor play area be provided.
(7) Child care provided at a public or private school for before and/or after school care, exclusively for students affiliated with the school, is not subject to the requirements of this section.
(E) Standards for drive-in or drive-up establishment. Access shall be determined based on a site review which considers the following:
(1) Site size;
(2) Road classification;
(3) Sight distance and allowed mph;
(4) Adjacent development;
(5) Driveway entrances and exits shall be clearly marked;
(6) Drive-in facilities located in the parking lot on part of a larger commercial center shall not have separate access points to the street and shall utilize the center’s access points; and
(7) Lighting, sign illumination and height, and hours of operation may be restricted to ensure compatibility with surrounding land uses.
(F) Standards for golf courses. A golf course is an area of land with highly maintained turf laid out for the game of golf, generally with a series of nine or more holes, each including a tee, a fairway, a putting green, and often one or more natural or artificial hazards. For the purposes of this section, a golf course includes executive golf courses and par three courses. A golf course does not include pitch and putt golf courses, miniature golf courses, and driving ranges.
(1) The course shall be situated so that it does not create any hazards to existing developed properties.
(2) The maximum sign area shall be 35 square feet.
(3) Required minimum setbacks to any primary structure shall be 100 feet.
(4) When driving ranges are to be included as part of the golf course:
(a) Hours of operation shall be limited so that outdoor lighting is not required;
(b) The range shall be located in such a manner that the lights do not shine outside the perimeter of the golf course; or
(c) Screen over six feet in height shall be located at least 100 feet from the property line.
(5) Accessory uses to a golf course include but are not limited to parking, maintenance buildings, cart storage and repair, pro shop, driving range, and eating and drinking facilities.
(G) Standards for home occupation.
(1) The home occupation shall be secondary to the main use of the property as a residence.
(2) The home occupation shall be limited to either an accessory structure or to not over 25% of the floor area of the dwelling. If located within an accessory structure, the home occupation shall not utilize over 600 square feet of floor area.
(3) No person other than members of the immediate family residing in the dwelling is to be engaged in the home occupation.
(4) No window display and no sample commodities displayed outside the building shall be allowed. One unlighted sign not exceeding one and one-half square feet in area shall be permitted. The sign shall either be attached to the exterior of the building, placed in a window of the building, or, if detached from the building, shall not be located in a required front or street side yard.
(5) No on-site sale of or stock commodities, kept or purchased for sale, which are not produced on the premises shall be allowed.
(6) The home occupation shall not interfere with the existing uses on the property on which it is located, or the existing or permitted uses on adjacent properties.
(7) No materials or mechanical equipment shall be used which is detrimental to the residential use of the dwelling or adjoining dwellings because of vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factors.
(8) Business related vehicular or pedestrian traffic shall not create unreasonable congestion in the neighborhood.
(9) No materials or commodities shall be delivered to or from the residence which are of such bulk or quantity as to create undesirable traffic or congestion.
(10) No parking of customer’s vehicles in a manner or frequency so as to cause disturbance or inconvenience to nearby residents, or so as to necessitate off-street parking shall be allowed.
(11) Nothing in this section shall authorize the permitting of construction of any structure that would not otherwise be allowed in the zone in which the home occupation is to be, or is established.
(12) No noise, lights, dust, smoke, odors, or electromagnetic frequencies generated which interferes with surrounding residential or commercial uses, such as, telephone, television, radio, or computer.
(13) No storage or use of any materials which present an increased risk of hazard or danger (such as, explosion, pollution generation, or fire) to the dwelling, the premises or surrounding structures as compared to domestic use products found within dwellings shall occur.
(14) A city business license is obtained and maintained in good standing for the location.
(H) Standards for mini-storage.
(1) The plan for the mini-storage operation, including signs, structure elevations, painting, plot plan and materials, shall be submitted for review and approval.
(2) Each individual space for rent or sale shall be less than 500 square feet.
(3) Mini-storage shall be limited to dead storage. Outside storage shall be limited to boats, recreational vehicles. and similar vehicles placed within a designated, dust-free surfaced area surrounded by a sight-obscuring six-foot fence.
(4) Yards shall be permanently landscaped and yard dimensions adjacent to residential zones shall be the same as within the residential zone.
(5) One parking space for each 25 cubicles located at the project office shall be required for use of prospective clients.
(6) Sight-obscuring screening shall be required to a height appropriate for the facility as approved by the Planning Commission, and shall be accomplished with vegetation, or fencing landscaped with vegetation, to minimize impacts on adjacent properties.
(7) The traffic lane shall be 12 feet wide and have a ten-foot parking lane. except where the traffic lane does not serve storage cubicles. All areas providing for vehicle access, parking, and movement shall be improved to minimum public road standards.
(8) Change of use to another use, such as retail sales or repair services shall require reapplication and conformity to applicable state laws and ordinances.
(9) An on-site caretaker or 24-hour on-site manager may be permitted.
(10) There shall be only one access from each adjacent street.
(11) Outside lighting may be required for all structures.
(I) Standards for mobile home/manufactured dwelling and recreational vehicle parks. A mobile home/manufactured dwelling park or recreational park may be permitted as a conditional use, if authorized in the underlying zone, if it further meets the requirements of the applicable state statute and the standards of the Oregon Board of Health. In addition, the following minimum standards shall apply.
Mobile Home/ Manufactured Dwelling Park R-3 Zone Vehicles | Mobile Home/ Manufactured Dwelling Park Other Zones | Recreational |
Mobile Home/ Manufactured Dwelling Park R-3 Zone Vehicles | Mobile Home/ Manufactured Dwelling Park Other Zones | Recreational | |
Minimum size of park | 4 spaces | 4 spaces | 2 acres |
Minimum size of space | 5,000 square feet | 4,000 square feet | 2,000 square feet |
Minimum width of space | 50 feet | 40 feet | 30 feet |
Minimum length of space | 80 feet | 80 feet | 60 feet |
Minimum distance between space and street right-of-way | 20 feet | 20 feet | 20 feet |
Minimum distance between spaces and all other property lines | 20 feet | 15 feet | 10 feet |
Minimum distance between units | 20 feet | 15 feet | 10 feet |
Minimum distance between dwelling or recreational vehicle and community or service buildings | 30 feet | 30 feet | 20 feet |
(1) Each access road connection with a public street shall have a surface width of at least 30 feet and all other access roads shall have a surface width of at least 20 feet. All access roads and parking areas and walkways shall be surfaced to minimum city road standards and be well drained. Walkways not less than three feet wide may be required to be provided from manufactured dwellings or recreational vehicle spaces to community and service buildings. All access roads and walkways shall be well lighted.
(2) Developed recreation area shall be provided which contains a minimum of 2,500 square feet or 200 square feet per manufactured dwelling or recreational vehicle space, whichever requirement is greater.
(3) All areas not used for manufactured dwelling or recreational vehicle spaces, motor vehicles, parking, traffic circulation, or service or community buildings, shall be completely and permanently landscaped. The landscaping shall be maintained in good condition.
(4) Sight-obscuring screening shall be required to a height appropriate for the facility as approved by the Planning Commission, and shall be accomplished with vegetation, or fencing landscaped with vegetation, to minimize impacts on adjacent properties.
(J) Standards for mobile vending stands.
(1) No person shall operate a mobile vending stand without having obtained a business license.
(2) No person shall conduct or do business from a mobile vending stand on any public right-of-way, street, sidewalk, or public property. The selling of merchandise or conducting of business from a mobile vending stand shall only be done upon private property.
(3) No person shall operate a mobile vending stand, or sell any food, soft drink, or non-alcoholic beverage dispensed from a mobile vending stand unless the mobile vending stand has been inspected by the Building Official and by the State Fire Marshal if the mobile vending stand has a cooking or heating apparatus. The Building Official shall determine that the stand is structurally and mechanically sound, and the design will not create a nuisance of hazard to the public. The State Fire Marshal shall determine that any cooking or heating apparatus is in conformance with the provisions of applicable fire codes.
(4) No person shall conduct or do business from a mobile vending stand unless proof is submitted to the city that all health and sanitary permits required by the state and county have been obtained.
(5) All utensils and equipment used by any person in the operation of a mobile vending stand shall be maintained in a clean and sanitary condition and shall conform to all standards prescribed by state law and county ordinances and regulations adopted thereto.
(6) Any person operating a mobile vending stand shall pick up any paper, cardboard, wood, or plastic containers, wrappers, or any litter in any form which is deposited by any person on the sidewalk, street, or public property within 35 feet of the mobile vending stand at any time the person is conducting business, and shall be responsible for the disposal of same.
(7) No person conducting business from a mobile vending stand shall make any loud noise for the purpose of advertising or attracting the attention of the public to the mobile vending stand.
(8) No mobile vending stand shall be left unattended.
(9) No product shall be sold from a mobile vending stand between 30 minutes after sunset and 30 minutes after sunrise. The mobile vending stand shall be removed from its place of operation within one hour after sunset to a private storage place out of view. A mobile vending stand shall not be placed upon any property for the operation of business before sunrise.
(10) The mobile vending stand must be placed on privately-owned property when selling merchandise and any person conducting business from a mobile vending stand shall have obtained approval of the Planning Commission to operate the mobile vending stand as a conditional use on the subject property. The conditional use approval by the Planning Commission shall be valid for one year, or such lesser time as the authorization may specify, from the date of approval, unless revoked, terminated, or extended.
(11) (a) No person shall sell any items, including but not limited to food, beverages, flowers, balloons, or other items, or offer them for sale, from any street, sidewalk, public right-of-way, or public property within the city limits; provided however that items permitted to be sold from a “mobile vending stand” may be sold from public property or public right-of-way which has been closed by motion or resolution of the City Council if the mobile vending stand is doing business in conjunction with a festival/community event.
(b) A “festival or community event” is a temporary use of land for the purpose of providing general community amusement, recognition of historical events or traditions, or celebration of community-wide local products, which are organized by non-profit organizations and the proceeds of the festival or event are used to promote the purposes of the non-profit organization or donated to other non-profit organizations.
(K) Standards for parks and campgrounds in the T-C Zone.
(1) Campgrounds shall be utilized for overnight temporary use for vacation, recreational, or emergency purposes, but not for residential purposes. Camp sites may be occupied by tents, travel trailers, or recreational vehicles.
(1) Campgrounds authorized in the T-C Zone shall not include intensively developed recreational uses, such as swimming pools, tennis courts, or commercial amusement uses or commercial services, such as retail stores or gas stations.
(2) Individual camp sites may not include utility connections for recreational vehicles or travel trailers. Central comfort stations and similar central facilities may be permitted.
(3) Area devoted to park or campground development shall not exceed ten acres per development.
(4) Development camp sites shall not exceed four sites per acre.
(L) Standards for public utility facilities, such as electric substation or transformer, public or community domestic water supply reservoir or pumping station, or public or community sewage disposal plant or pumping station; radio or television tower or transmitter; or governmental structure or use of land.
(1) In a residential zone, all equipment storage shall be within an enclosed building.
(2) Maintenance shops shall not be detrimental to adjacent properties.
(3) Public utility facilities shall be visually screened by a sight-obscuring screening which shall be required to a height appropriate for the facility as approved by the Planning Commission, and shall be accomplished with vegetation, or fencing landscaped with vegetation, to minimize impacts on adjacent properties.
(M) For a recreational vehicle located on an individual lot.
(1) Approval of such will not encourage a pattern of development incompatible with surrounding area development.
(2) The placement must be approved by the city and must be connected to city approved sewer and water systems.
(3) Sight-obscuring screening shall be required to a height as approved by the Planning Commission and shall be accomplished with vegetation or fencing landscaped with vegetation to minimize impacts on adjacent properties.
(4) Upon compliance with the above and any additional conditions which the Planning Commission feels necessary to ensure compatibility with surrounding area development, a conditional use permit will be given.
(N) Standards for solid waste disposal sites.
(1) Submitted plans and specifications shall contain sufficient information to allow the Planning Commission to set conditions of approval:
(a) Appropriate use of the land;
(b) Setbacks from the property line;
(c) Location of vehicular access points and assurances that roadway development is sufficient for heavy traffic loads; and
(d) Public safety considerations including the potential for the transport of long-term groundwater contaminants.
(2) (a) If the solid waste disposal area is located less than 300 feet from a residential zone or a state highway, sight-obscuring screening shall be provided to height appropriate for the facility as approved by the Planning Commission, but no less than five feet.
(b) Visual screening shall be accomplished with vegetation to the required height within four years or be a fence landscaped with vegetation to the height of the fence within four years.
(3) All areas used for solid waste disposal shall be located no closer than 100 feet from a property line.
(4) The property shall be fenced to prevent blowing paper and debris and to control access to the property by pedestrians and vehicles.
(O) Standards for solid waste transfer stations.
(1) Submitted plans and specifications shall contain sufficient information to allow the Planning Commission to set conditions of approval pertaining to:
(a) Appropriate use of the land;
(b) Setbacks from the property line;
(c) Location of vehicular access points and road development standards; and
(d) Public safety considerations, including monitoring for seepage transport via surface and groundwater.
(2) Solid waste transfer stations shall be fenced to prevent blowing paper and debris and to control access.
(3) Sight-obscuring screening shall be provided to a height appropriate for the facility as approved by the Planning Commission, but no less than five feet. Visual screening shall be accomplished with vegetation to the required height within four years or be a fence landscaped with vegetation to the height of the fence within four years.
(4) Facilities and storage shall be located no closer than 30 feet from any property line.
(5) Hours of operations shall be established.
(6) Operation shall be conducted to prevent seepage, excess noise and odor.
(P) For approval for uses involving construction, addition, or reconstruction of piers, docks, boathouses, or similar facilities.
(1) In a Marine Waterway (M-W) Zone, all uses and activities shall be subject to the standards set forth in the estuarine plan. Where these documents are in conflict, the estuarine plan shall prevail.
(2) Evidence shall be provided that the applicant has complied with or fully intends to comply with all standards of the Department of Environmental Quality, the Division of State Lands and all other agencies having interests or ordinances applicable to the property in question.
(3) The facility or any use related to it is designed to avoid water pollution to occur to any nearby tidelands, marshlands, rivers, streams, or other waterways used for the raising, production, or preservation of marine life or other natural resources.
(4) The facility shall not substantially alter the course of any channel or the natural movement of any waters, or result in increased flood hazards or the formation of appreciable bottom or sludge deposits deleterious to marine life, and shall meet all of the following requirements:
(a) No dock, pier, or similar facility shall extend into any watercourse more than 25 feet from ordinary low water line nor 50 feet from ordinary high water line, unless it can be shown that such extension is necessary and will not increase flood hazards or create other problems, such as the deterioration or destruction of marine life or wildlife habitat as a result of the extension;
(b) No pier, dock, or similar facility shall extend into the navigable channel any distance greater than required for safe moorage and shall be designed so as to minimize potential flood hazard and loss of navigable waterway area; or
(c) No pier, dock, or similar facility shall extend into any watercourse more than 5% of the width thereof as measured perpendicular from the mean low water line on one side of the watercourse to the mean low water line on the opposite side.
(5) No plumbing facilities for the handling of domestic or industrial waste shall be a part of the facility unless approved by the Health Department.
(6) Application for a permit for a pier, dock, bulkhead, boathouse, or similar facility shall include:
(a) The source of the applicant’s right to construct the facility;
(b) The purpose of the facility;
(c) The legal description of the area where the facility will be located;
(d) A map and drawings, showing the plan for construction of the facility. Such plan shall include a vicinity map drawn to scale showing the location and design of similar facilities and other development within 250 feet of the parcel upon which the improvement is proposed; and
(e) The date when the project is scheduled to begin and to be completed.
(7) Plans for moorage facilities shall meet the following requirements.
(a) In new subdivisions tentatively approved after February 12, 1974, docks having less than ten moorage spaces will be approved only in the instance that no other public or private means of launching or moorage is available or can be developed within 1,000 feet of the site in question.
(b) Facilities being proposed in areas where it is likely that additional similar structures will be desired shall be designed to be combined into joint facilities wherever possible.
(c) The design of moorages must provide sheer logs or similar devices for fending off debris. Such improvements need not be maintained during periods where there is no danger of flood water.
(d) Docks shall have the long dimension running parallel to the channel, unless future development will result in pier construction or moorages being connected, necessitating facility design perpendicular to the channel.
(e) The width of those portions of such facilities dimension required to provide safe access and moorage.
(f) One dock shall not be closer to another than the length of the shorter structure or 25 feet, whichever distance is greater.
(g) The number of ramps, fenders, and other land connections, and the number of piling and other projection below the surface of the water, shall be minimized.
(h) Walkways shall be provided on only one side of individual moorages unless it can be satisfactorily shown that walkways are necessary on both sides. Walkways and breakwaters shall have a width not greater than required to provide safe moorage and access thereto.
(8) Each dock, boathouse, or similar facility shall have the U.S. Army Corps of Engineers permit number permanently affixed to the outboard side of the facility in a clearly visible location prior to requesting final city inspection for conditional use permit issuance.
(9) No owner of a dock or similar facility shall exercise any proprietary rights on the water surrounding such structure. Violations of such will be considered a failure to maintain the conditional use approval requirements.
(10) Recognition of potential flood hazards, as well as the need to protect the visual attractiveness of the waterway shall be shown in design and exterior materials used in construction of docks, piers, boathouses, and similar facilities.
(11) In taking action on a conditional use request, the Planning Commission may consult any state, federal, or local agency it feels appropriate for consultation and advice.
(Ord. 24, passed 4-5-1976; Ord. 92, passed 7-7-1982; Ord. 93, passed 7-7-1982; Ord. 154, passed 9-17-1990; Ord. 172, passed 10-7-1991; Ord. 173, passed 12-2-1991; Ord. 256, passed 4-6-2004; Ord. 287, passed 5-4-2010) Penalty, see § 152.999