Following a public hearing, the planning commission may authorize variances from the requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific property, the literal interpretation of this title would cause an undue or unnecessary hardship. No variance shall be granted to allow the use of property for purposes not authorized within the zone in which the proposed use would be located. In granting a variance, the planning commission may attach conditions which it deems necessary to protect the interests of the surrounding property owners or neighborhood and to otherwise achieve the purposes of this title.

   A.   Application: Application for a variance shall be filed by the property owner or authorized agent, using the city forms prescribed for that purpose. The planning commission may request additional drawings and/or information. The application shall not be considered complete until the required fees are paid. At a minimum, the application shall contain the following:

      1.   A description of the variance being requested; and

      2.   A site plan, drawn to scale, showing dimensions and arrangement of the proposed development, as well as the adjacent land uses within fifty feet (50') of the sites' property lines.

   B.   Criteria For Granting A Variance: The planning commission may grant a variance only when the applicant has shown that all of the following conditions exist:

      1.   The granting of the variance will not adversely affect the realization of the comprehensive plan, will not violate any other provision of this title, and will not create any significant obstacle to implementation of the plan and the zoning code.

      2.   The granting of the variance will not be detrimental to the public safety, health or welfare or be injurious to the property, adjoining properties, the neighborhood, or the community, will not change the character of the neighborhood or reduce the value of nearby property, and will not impose any significant cost upon the city or nearby property owners.

      3.   The conditions upon which the request for a variance is based are not generally applicable to other property due to the size, shape, topography, or location of the site or the location of existing buildings or other conditions.

      4.   The granting of the variance will not result in a use that is not otherwise permitted in the zoning district in which the variance is being requested.

   C.   Conditions Attached To Variance: The planning commission shall designate such conditions to an approved variance as it deems necessary to secure the purpose of this title. Said planning commission may require guarantees and evidence that the conditions are being complied with. Such conditions may include, but are not limited to, the following: additional setbacks for yards and open space, construction of fences and/or walls, limitations on the number and location of vehicular ingress and egress, requiring sight obscuring hedges and/or landscaping and ongoing maintenance, and regulation of the times certain activities shall be allowed.

   D.   Time Limit For Variance: If no substantial construction has occurred, authorization of a variance shall be void after two (2) years. Upon receipt of a request, the planning commission may extend a permit for one additional two (2) year period, if the planning commission finds that circumstances beyond the control of the applicant have prevented action being taken on the variance.

   E.   Administrative Variance: The city manager and the planning commission chairperson are authorized to jointly grant a variance of the setback, yard, height, lot coverage, lot size, width or depth standards of this title without notice or a public hearing being required. The maximum variance shall not exceed twenty five percent (25%) of the required standard. Applications shall be made in the same manner as described in subsection A of this section. In granting an administrative variance, written findings shall be made relative to the criteria listed in subsection B of this section. Reasonable conditions, such as described in subsection C of this section, may be attached to an administrative variance. In the event the city manager and planning commission chair decline to grant an administrative variance, the applicant shall be notified in writing. The decision may be appealed by the applicant to the planning commission within ten (10) days of receiving the notification. (Ord. 652, 6-4-2008)

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)

The City Council shall approve or deny an annexation by ordinance, based on a recommendation from the Planning Commission.

   A.   Application: A property owner may initiate an annexation by filing an application with the City, using City forms and paying a filing fee, which may be waived by the Council. The Planning Commission shall hold a public hearing on the request, with notice provided in the same manner as for a quasi-judicial action, and make a recommendation to the Council.

   B.   Criteria: The application shall meet the following:

      1.   Comply with the Comprehensive Plan and all other applicable City policies and ordinances;

      2.   Comply with the applicable sections of Oregon Revised Statutes chapter 222; and

      3.   City has the capacity to provide urban level services.

   C.   City Council Action: The City Council shall hold a public hearing on the request, with notice provided in the same manner as for a quasi-judicial action, and may decide to approve or deny the application.

   D.   Zoning Newly Annexed Areas: At the time an annexation is approved, the City Council shall zone the site in a manner comparable with the County zone previously in place.

   E.   Service Extensions: Property owners in the annexed area must bear the costs associated with the extension of sewer and major water main needed to facilitate the functioning of the Citywide system, or to accommodate substantial future growth. At the discretion of the City Council, the City may assess property owners in the annexed area for a portion of the costs associated with major facilities.

   F.   Waiver Of Hearing Requirement: Notwithstanding the other provisions of this section, if an application seeks, pursuant to Oregon Revised Statutes 222.125, annexation of territory contiguous to the City as to which all of the owners of the land in that territory and not less than fifty percent (50%) of the electors, if any, residing in the territory consent in writing and file a statement of consent with the Council, then the Council shall not be required to hold a public hearing on the request or provide notice as for a quasi-judicial action, but shall act upon the recommendation of the Planning Commission to the Council. (Ord. 652, 6-4-2008)

Except as provided in this section, a nonconforming use or structure may be continued, even though it is not in conformity with the use, height, area and all other regulations for the zone in which it is located.

   A.   Normal Maintenance And Repairs: Normal maintenance of a nonconforming building or structure containing a nonconforming use is permitted, including structural alterations to the bearing walls, foundation, columns, beams or girders; provided, that:

      1.   No change in the basic use of the building occurs that would make the use less conforming to the zone.

      2.   No alterations which would enlarge the exterior structure are made.

   B.   Change To Conforming Use: A nonconforming use may be changed to a use allowable under the underlying zone. After a nonconforming use changes to a conforming use, it shall not, thereafter, be changed back to a nonconforming use.

   C.   Reinstatement Of Discontinued Use: A nonconforming use may be resumed if the discontinuation is for a period less than one year. If the use has been discontinued for a period greater than one year, the building or land shall thereafter be occupied and used only for a conforming use.

   D.   Rebuilding, Change, Moving Of Use:

      1.   Requirements; Findings: A nonconforming building or use may be rebuilt, moved or changed to a use of the same restrictive classification, subject to the provisions outlined herein, only if, upon public hearing, the planning commission finds all of the following to exist:

         a.   That such modifications are necessary because of practical difficulties or public need.

         b.   That such modifications are no greater than are necessary to overcome the practical difficulties or meet the public need.

         c.   That such modifications will not significantly interfere with the use and enjoyment of other land in the vicinity, nor detract from the property value thereof.

         d.   That such modifications will not endanger the public health, safety and general welfare.

      2.   Rebuilding: When a building or structure is damaged by fire or any other cause beyond the control of the owner, it may be rebuilt, so long as the cost of the renewal of the damage does not exceed one hundred percent (100%) of the current assessed valuation of the improvements on the property, using new materials. If the estimated cost of renewal is greater than the above, then such building or use shall be discontinued.

      3.   Change Of Use: A nonconforming use may be changed to a use of the same or a more restrictive classification, but not to a use of a less restrictive classification.

      4.   Moving: A nonconforming use may be moved to another location on its lot, provided the height and yard requirements of the zone in which it is located are met.

   E.   Enlargement Of Nonconforming Use Or Structure:

      1.   Requirements: A nonconforming use or structure may be enlarged only once. This enlargement must be approved by the planning commission. The expansion of a nonconforming structure shall not exceed twenty five percent (25%) of the floor area; the expansion of a nonconforming use shall not exceed ten percent (10%) of the land area currently occupied by the nonconforming use. The expansion of a nonconforming use or structure may occur only if the planning commission finds that:

         a.   The proposed enlargement will not have a significantly adverse impact upon the adjoining properties.

         b.   The proposed enlargement is necessary for the continued efficient operation of the existing use or structure.

         c.   The enlargement or expansion of the nonconforming use or structure is in keeping with the intent of the comprehensive plan.

      2.   Conditions: The planning commission may attach to the approval of the expansion of a nonconforming use or structure, conditions such as setbacks, screening, off street parking and unloading, construction standards and maintenance, and landscaping which may be deemed necessary to protect the public health, safety and welfare, the adjacent property owners and the public interest.

   F.   Adult Businesses: An adult business nonconforming use or structure may be replaced after a period of business closure or loss of structure only if an adult business is resumed or the city accepts a building permit application within six (6) months of such business closure or loss of structure. In addition to the requirements of this section, any change in the nature of the activities of an adult business nonconforming use shall be reviewed by the planning commission and may be permitted as a conditional use after a public hearing. (Ord. 652, 6-4-2008)

The planning commission may allow temporary uses by issuance of a permit that shall be valid for a period of not more than one year. The planning commission may attach conditions to the permit that are deemed necessary to carry out the intent and purpose of this title. Such permits may be issued for the following:

   A.   Storage of equipment during the building of roads or developments.

   B.   Real estate offices located in subdivisions for the sale of lots or housing only for those subdivisions.

   C.   Temporary storage of structures or equipment, including boats and trailers.

   D.   Sheds or fences used in conjunction with the building or renovation of a structure.

   E.   Other uses of a temporary nature when approved by both the planning commission and the city council. (Ord. 652, 6-4-2008)

   A.   Time Limitation On Use: A manufactured dwelling, mobile home, residential trailer, travel trailer, camper, motor home, or recreational vehicle may be used as temporary housing for a limited period of time, not to exceed six (6) months.

   B.   Siting For No More Than Six Months, Conditions: The siting of a manufactured dwelling, mobile home, residential trailer, travel trailer, camper, motor home, or recreational vehicle on private property for the purpose of temporary housing for a period of no more than six (6) months may be allowed by the planning commission under the following conditions:

      1.   The lot on which the manufactured dwelling, mobile home, residential trailer, travel trailer, camper, motor home, or recreational vehicle is to be sited has no other principal building and meets the minimum square footage and other requirements of the zone in which it is located.

      2.   Must be placed only with permission of the property owner.

      3.   Must be in compliance with Oregon Revised Statutes 446.125.

      4.   An application is filed according to subsection 9-3-7D of this title regarding quasi-judicial hearings, and a public hearing is held before the planning commission.

   C.   Siting For Thirty Days Or Less, Conditions: The siting of a manufactured dwelling, mobile home, residential trailer, travel trailer, camper, motor home, or recreational vehicle on private property for the purpose of temporary housing for a period of thirty (30) days or less may be permitted by the city manager under the following conditions:

      1.   Must be placed only with permission of the property owner.

      2.   Can be placed on a lot containing another principal building, provided it meets all setback requirements, except as provided in subsection C3 of this section.

      3.   Can be set on a driveway, provided it does not interfere with meeting the off street parking requirement of the zone.

      4.   Must be in compliance with Oregon Revised Statutes 446.125.

      5.   The filing of an application and the payment of the administrative fee.

   D.   Prohibited On Public Right Of Way Or Easement: No temporary housing is allowed on or within any public right of way or easement. (Ord. 652, 6-4-2008)