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Enterprise City Zoning Code

ARTICLE 6

CONDITIONAL USES

Section 6.010.- AUTHORIZATION TO GRANT OR DENY CONDITIONAL USES.

A conditional use listed in this ordinance shall be permitted, altered or denied in accordance with the standards and procedures of this article and the specific criteria contained in ARTICLE 3. In judging whether or not a conditional use proposal shall be approved or denied, the Commission shall weigh the proposal's appropriateness and desirability or the public convenience or necessity to be served against any adverse conditions that would result from authorizing the particular development at the location proposed and, to approve such use, shall find that the following criteria are either met, can be met by observance of conditions, or are not applicable:

4.

The proposal will be consistent with the objectives of the Land use Plan and other applicable policies of the city.

4A.

Access review as specified in Section 10.415 shall be conducted and conditions may be imposed upon the conditional use permit as authorized by said section.

5.

Taking into account location, size, design and operation characteristics, the proposal will have minimal adverse impact on the: a) livability, b) value, and c) appropriate development of abutting properties and the surrounding area compared to the impact of development that is permitted outright.

6.

The location and design of the site and structures for the proposal will be as attractive as the nature of the use and its setting warrants.

7.

The proposal will preserve assets of particular interest to the community.

8.

The applicant has a bona fide intent and capability to develop and use the land as proposed and has some appropriate purpose for submitting the proposal, and is not motivated solely by such purposes as the alteration of property values for speculative purpose. (Amended by Ord 523 § 2 (part), 1999)

Section 6.020. - PLACING CONDITIONS ON A PERMIT.

In permitting a new conditional use or the alteration of an existing conditional use, the Commission may impose conditions which it finds necessary to avoid a detrimental impact and to otherwise protect the best interests of the surrounding area or the community as a whole. These conditions may include the following:

1.

Limiting the manner in which the use is conducted including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor.

2.

Establishing a special yard or other open space or lot area or dimension.

3.

Limiting the height, size or location of a building or other structure.

4.

Designating the size, number, location and nature of vehicle access points.

5.

Increasing the amount of street dedication, roadway width or improvements within the street right-of-way.

6.

Designating the size, location, screening, drainage, surfacing or other improvements of a parking area or truck loading area.

7.

Limiting or otherwise designating the number, size, location, height and lighting of signs.

8.

Limiting the location and intensity of outdoor lighting and requiring its shielding.

9.

Requiring diking, screening, landscaping or another facility to protect adjacent or nearby property and designating standards for its installation and maintenance.

10.

Designating the size, height, location and materials for a fence.

11.

Protecting and preserving existing trees, vegetation, water resources, wildlife habitat or other significant natural resources.

12.

Other conditions to permit the development of the city in conformity with the intent and purpose of the conditional classification of uses.

Section 6.030. - MOBILE HOME PARKS AND RECREATIONAL VEHICLE CONDITIONAL USE STANDARDS.

In addition to the standards of the zone in which the conditional use is located and the other standards of this ordinance, a mobile home park and/or recreational vehicle park approved as a conditional use shall use the following procedures and meet the following standards:

1.

All mobile home parks must be registered, operated and maintained as provided in ORS 446.002 to 446.200.

2.

Application shall be made to the City Recorder for establishment of a mobile home park and/or recreational vehicle park and shall contain a plot and area plan, legal description of the property, number of units to be established, name of applicant and such other information as required by Oregon State law and considered necessary by the Commission.

3.

No mobile home or manufactured home shall occupy more than seventy five (75%) percent of the lot area.

4.

A mobile home or manufactured home shall not be located closer than fifteen (15′) feet from any other mobile home or manufactured home or closer than ten (10′) feet from a park boundary line.

5.

All units within the mobile home park and/or recreational vehicle park shall be serviced with the city′s sewage and water systems arid other facilities in accordance with city and state laws.

6.

PARK STREETS. All streets and drives that are to be named shall be done according to the pattern established in the city and shall be approved by the Commission. All other regulations pertaining to streets shall be as provided by Oregon State law.

7.

Mobile home park and/or recreational vehicle park need not be fenced; however, the Commission may require screening by a sight-obscuring hedge or fence if considered so necessary.

Section 6.040. - PROCEDURE FOR TAKING ACTION ON A CONDITIONAL USE APPLICATION.

The procedure for taking action on a conditional use application shall be as follows:

1.

The property owner may initiate a request for a conditional use by filing an application with the City Recorder.

2.

Before the Commission may act on a conditional use application, it shall hold a public hearing thereon, following procedure as established in Section 10.430 through 10.460.

3.

Within five (5) days after a decision has been rendered with reference to a conditional use application, the City Recorder shall provide the applicant with written notice of the decision of the Commission.

Section 6.050. - TIME LIMIT ON A PERMIT FOR A CONDITIONAL USE.

Authorization of a conditional use shall be void after one (1) year or lesser time as the authorization may specify unless substantial construction has taken place pursuant thereto. However, the Commission may extend, if so requested, authorization for an additional period not to exceed one (1) year.

Section 6.060. - HOME OCCUPATIONS.

The Commission may impose a condition upon a conditional use permit for a home occupation providing for an annual or other periodic review of the home occupation permit to assure that it is in compliance with all of the home occupation criteria and conditions. If such a condition is imposed, the Commission may terminate or modify the permit if the permittee is found to be not in compliance with conditional use criteria or conditions. In the event the Commission desires to consider termination or modification of a home occupation conditional use permit, a public hearing shall be noticed in accordance with the notice requirement for a conditional use permit.