Dunes City City Zoning Code
CONDITIONAL USE
PERMITS
§ 155.325 PURPOSE.
There are certain uses that, due to the nature of their impact on surrounding land uses and public facilities, require a case-by-case review and analysis. These are identified as “Conditional Uses/Uses Subject to Review” in § 155.050 through 155.053. The purpose of this subchapter is to provide standards and procedures for permitting conditional uses.
(Ord. 259, passed - -)
§ 155.326 APPROVAL PROCESS.
(Ord. 259, passed - -)
§ 155.327 APPLICATION SUBMISSION REQUIREMENTS.
(A) In addition to the submission requirements in § 155.282(D), an application for a conditional use must include the following information, as applicable:
(1) A detailed, written narrative that clearly explains how the conditional use affects compliance with the approval criteria and applicable standards of the original development application, and the reasons for the conditional use application;
(2) A site plan depicting all existing and proposed improvements (drawn to scale);
(3) Preliminary grading plan;
(4) Architectural drawings of all proposed structures;
(5) Drawings of all proposed signs;
(6) A copy of all existing and proposed homeowners’ associations covenants, conditions, and restrictions (CC&Rs); and
(7) A narrative report or letter documenting compliance with all applicable approval criteria in § 155.328.
(B) (1) In addition to the application submission requirements of divisions (A)(1) through (A)(7) above, if a conditional use permit application is for multi-family housing, the application must include a detailed, written maintenance plan that clearly describes how any common or open space areas (for example, landscaping, private tracts, common driveways, private alleys, building exteriors, and/or similar common areas) shall be maintained.
(2) (a) The maintenance plan must describe regular and uniform upkeep of landscaping as well as routine inspection, repair, and replacement as necessary of all common lighting fixtures, fire suppression systems, safety controls, and other community systems that serve residents.
(b) The maintenance plan must also describe when maintenance activities will be implemented and how they will be funded on an ongoing basis.
(c) The purpose of this requirement is to provide for additional review to encourage development that is healthy, safe, and compatible with the surrounding neighborhood.
(Ord. 259, passed - -)
§ 155.328 CRITERIA, STANDARDS, CONDITIONS OF APPROVAL.
The city shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use, based on findings of fact with respect to each of the following standards and criteria:
(A) General use criteria. General use criteria apply to all uses, including multi-family housing.
(1) The site size, dimensions, location, topography, and access are adequate for the needs of the proposed use, considering the proposed building mass, lot coverage, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, slopes, odor, dust, visibility, safety, and aesthetic considerations.
(a) Site improvements, which could cause off-site impacts, are oriented away from nearby residential use and/or adequately mitigated through other design techniques, such as screening or increased setbacks.
(b) The project is designed, sited, and/or adequately buffered to minimize off-site impacts which could adversely affect future residents of the subject property.
(2) The negative impacts of the proposed use, if any, on the public can be mitigated through the application of the conditions outlined at division (C) below, and/or other reasonable conditions of approval;
(3) All required public facilities have adequate capacity to serve the proposal, consistent with the city code;
(4) The proposal is consistent with applicable policies of the Comprehensive Plan for the city; and
(5) The location, size, design, and operating characteristics of the proposed use:
(a) Will not create any significant risk to public health and safety, including, but not limited to, soil erosion and flood hazard or an impediment to emergency response;
(b) Will not adversely affect the development of abutting properties and the surrounding vicinity;
(c) Will not be adversely affected by known natural hazards, such as floods, landslides, or erosion;
(d) Will minimize impacts to the natural environment; and
(e) Will demonstrate adequate and safe circulation for vehicles and pedestrians.
(B) Multi-family housing. In addition to the general use criteria described in division (A) above and the conditions of approval in division (C) below, the following conditions, which are intended to control development scale, avoid or minimize impacts associated with traffic, parking, and design compatibility, and ensure management and maintenance of common areas, apply to any conditional use permit proposal which involves multi-family housing:
(1) Duplex. The following standards apply where a duplex is proposed adjacent to a single-family dwelling where the duplex lot and single-family lot share a common property line:
(a) The duplex shall not exceed the height of the adjacent single-family dwelling by more than twenty 20%;
(b) The duplex, if located on a corner lot and having two garages, shall have each garage entrance oriented to a different street or alley;
(c) 1. The duplex shall have no blank wall oriented to a street; and
2. This standard is met if any elevation facing a street is composed of not less than 30% windows and door surface area.
(d) The roof form on the duplex (for example, gable, flat, or hipped) shall be similar to the roof form of adjacent single-family dwellings on the same block face.
(2) Townhomes/attached single-family dwellings. Where attached single-family dwellings are proposed, the structure(s) shall meet all of the following standards:
(a) Each building shall contain not more than four consecutively attached dwelling units and not exceed an overall length or width of 120 feet;
(b) The primary entrance of each dwelling unit shall be oriented to a street or an interior courtyard that is not less than 24 feet in width;
(c) Where the proposed site is served by an existing or planned alley, vehicle access shall be from the alley and all garage entrances shall be oriented to the alley; and
(3) Multi-family dwellings (to a maximum of four-plexes).
(a) Common open space and land coverage. A minimum of 20% of the site area in the Residential Zone and 10% of the site area in the Commercial Zone shall be designated and permanently reserved as common area or open space, in accordance with all of the following criteria.
1. SITE AREA, for the purposes of this section, is defined as the proposed lot or lots after subtracting any required dedication of street rights-of-way.
2. The common area or open space shall contain one or more of the following: outdoor recreation area; tree grove (for example, existing mature trees), turf play fields or playgrounds, sports courts, swimming pools, walking fitness courses, natural areas with picnic benches, or similar open space amenities as appropriate for the intended residents.
3. In order to be counted as eligible toward the minimum open space area, such areas shall have dimensions of not less than 20 feet.
4. Open space and common areas not otherwise developed with recreational facilities shall be landscaped; alternatively, the Planning Commission may approve a tree preservation plan (retain mature tree groves) in lieu of landscaping.
(b) Common areas. Any common areas (for example, landscaping, private tracts, common driveways, private alleys, building exteriors, and/or similar common areas) shall be owned and maintained by a homeowners’ association or other legal entity.
1. A copy of any applicable covenants, conditions, and restrictions (CC&Rs) shall be recorded and a copy provided to the city prior to issuance of a building permit.
2. All common areas shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage in accordance with the approved maintenance plan.
(c) Private open space. Private open space areas shall be required for dwelling units based on the following criteria.
1. a. A minimum of 50% of all ground-floor dwelling units shall have front or rear patios or decks containing at least 48 square feet of usable area.
b. GROUND-FLOOR HOUSING means the housing unit entrance (front or rear) is within five feet of the finished ground elevation (as in, after grading and landscaping).
2. A minimum of 50% of all upper-floor housing units shall have balconies or porches containing at least 48 square feet of usable area. UPPER-FLOOR HOUSING means housing units that are more than five feet above the finished grade.
(d) Access, circulation, landscaping, parking, public facilities. The standards of § 155.185 shall be met.
(e) Trash storage.
1. Garbage collection facilities, recycling, and storage facilities shall be oriented away from building entrances, setback at least ten feet from any public right-of-way and adjacent residences, shall have a concrete floor surface, shall be fully enclosed with a solid fence or wall of not less than six feet in height with a solid gate accessible by the city’s garbage collection provider(s), and located pursuant to the provider’s specifications.
2. All household garbage shall be stored in receptacles which are free from holes and covered with tight-fitting lids.
3. All recyclable material must be cleaned of food and beverage remnants and stored in receptacles specified by the city’s garbage collection provider(s).
(f) Postal service, delivery. Postal delivery facilities shall be located in a convenient location for residents and mail delivery personnel, and in accordance with U.S. Postal Service requirements.
(g) Garages/carports. If garages or carports are provided, the form, materials, color, and construction shall be similar to the complex they serve.
(h) Electrical and mechanical equipment. On and aboveground electrical and mechanical equipment, such as transformers, heat pumps, and central air conditioner units, shall be completely screened with sight-obscuring fences, walls, or landscaping.
(C) Conditions of approval.
(1) The city may impose conditions that are necessary to ensure that the use is compatible with other uses in the vicinity, and that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions include, but are not limited to, the following:
(a) Limiting the hours, days, place, and/or manner of operation;
(b) Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor, and/or dust;
(c) Requiring larger setback areas, lot area, and/or lot depth or width;
(d) Limiting the building height, size, or lot coverage, and/or location on the site;
(e) Designating the size, number, location, and/or design of vehicle access points or parking areas;
(f) Requiring street rights-of-way to be dedicated and street(s), sidewalks, curbs, planting strips, pathways, or trails to be improved;
(g) Requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas;
(h) Limiting the number, size, location, height, and/or lighting of signs;
(i) Limiting or setting standards for the location, design, and/or intensity of outdoor lighting;
(j) Requiring berms, screening, or landscaping, and the establishment of standards for their installation and maintenance;
(k) Requiring and designating the size, height, location, and/or materials for fences;
(l) Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands; and
(m) Requiring the dedication of sufficient land to the public, and/or construction of pedestrian/bicycle pathways in accordance with the adopted plans. Dedication of land and construction will conform to the provisions of § 155.232.
(2) (a) The Planning Commission may require review and renewal of conditional use permits annually or in accordance with another timetable as approved pursuant to this subchapter. Where applicable, the timetable shall provide for periodic review and renewal, or expiration, of the conditional use permit to ensure compliance with conditions of approval.
(b) Such periodic review may occur through a Type III review process, except where the Planning Commission delegates authority to the City Planning Official to issue renewals, who shall do so through a Type I or Type II procedure, as applicable.
(Ord. 259, passed - -)
§ 155.329 REVOCATION.
The City Council may revoke a conditional use permit if:
(A) No action has been taken to utilize the conditional use permit within two years of the date of approval; or
(B) The use approved by the conditional use permit is discontinued for any reason for one continuous year or more.
(Ord. 259, passed - -)
§ 155.330 ADDITIONAL DEVELOPMENT STANDARDS FOR CONDITIONAL USE TYPES.
(A) Concurrent variance application(s). A conditional use permit shall not grant variances to regulations otherwise prescribed by the Development Code. Variance application(s) may be filed in conjunction with the conditional use application and both applications may be reviewed at the same hearing.
(B) Additional development standards. Development standards for specific uses are contained in § 155.050 through 155.053.
(Ord. 259, passed - -)