Hermiston City Zoning Code
ARTICLE XIV
CONDITIONAL USES
§ 157.205 AUTHORITY TO GRANT OR DENY.
(A)
Conditional uses are those uses which may be appropriate, desirable, convenient or necessary in the district in which they are allowed, but which by reason of their height or bulk or the creation of traffic hazards or parking problems or other adverse conditions may be injurious to the public safety, welfare, comfort and convenience unless appropriate conditions are imposed. Uses designated in this chapter as conditional uses may be permitted, enlarged or otherwise altered upon authorization by the Planning Commission in accordance with the standards and procedures set forth in this subchapter and 157.229. In the case of a use existing prior to the effective date of this chapter and which is classified in this chapter as a conditional use, any change in use or in lot area or any alteration of the structure shall conform with the requirements dealing with conditional uses.
(B)
In permitting a conditional use or the modification of an existing conditional use, the city may impose, in addition to those standards and requirements expressly specified by this chapter, any additional conditions which the city considers necessary to protect the best interests of the surrounding property or the city as a whole. These conditions may include:
(1)
Increasing the required lot size or yard dimensions;
(2)
Limiting the height of buildings;
(3)
Controlling the location and number of vehicle access points;
(4)
Increasing the street width;
(5)
Increasing the number of off-street parking and loading spaces required;
(6)
Limiting the number, size and location of signs;
(7)
Requiring screening and landscaping to protect adjacent property; and
(8)
Recording conditions on the property with the County Clerk.
(Ord. 1840, passed 2-28-1994)
§ 157.206 APPLICATION PROCEDURE.
A property owner or his authorized agent may initiate a request for a conditional use or the modification of an existing conditional use by filing an application with the city using forms prescribed for the purpose. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development. The Planning Commission may require other drawings or information necessary to understand the proposed use and its relationship to surrounding properties. The applicant shall pay a fee as established by the City Council at the time the application is filed.
(Ord. 1840, passed 2-28-1994)
§ 157.207 PUBLIC HEARING; RECESS.
(A)
Before the Planning Commission may act on a request for a conditional use, it shall hold a public hearing in accordance with the procedures set forth in 157.229.
(B)
The Planning Commission may recess a hearing on a request for a conditional use in order to obtain additional information or to serve further notice on other property owners or persons who it decides may be interested in the request. Upon recessing for this purpose, the Commission shall announce the time and date when the hearing will be resumed.
(Ord. 1840, passed 2-28-1994)
§ 157.208 APPROVAL CRITERIA.
Based on the testimony provided at the hearing, the Planning Commission shall develop findings of fact to justify either approving or denying a conditional use permit. The Planning Commission may approve the requests when it is determined the request is in conformance with all the following requirements or can be made to conform through the impositions of conditions:
(A)
The proposal is in conformance with the Comprehensive Plan and Zoning Code.
(B)
The property is adequate in size and shape to accommodate the proposed use, together with all other zoning requirements and any additional conditions imposed by the Planning Commission.
(C)
Public facilities are of adequate size and quality to serve the proposed use.
(D)
The proposed use will prove reasonably compatible with surrounding properties.
(Ord. 1840, passed 2-28-1994)
§ 157.209 NOTIFICATION OF ACTION.
Within five days after a decision has been rendered, the city shall provide the parties to the hearings with written notice of the city’s action on the request for a conditional use.
(Ord. 1840, passed 2-28-1994)
§ 157.210 STANDARDS FOR CONDITIONAL USES.
A conditional use shall comply with the standards of the zone in which it is located except as these standards may have been modified in authorizing the conditional use or as otherwise provided as follows:
(A)
Setback. In a residential zone, front, side and rear yards shall be at least two-thirds the height of the principal structure. In any zone, additional yard requirements may be imposed.
(B)
Height exception. A church or governmental building may be built to exceed the height limitations of the zone in which it is located to a maximum height of 50 feet if the total floor area of the building does not exceed one and a half times the area of the site and if the yard dimensions in each case are equal to at least two-thirds of the height of the principal structure.
(C)
Limitation on access to property and openings to buildings. The city may limit or prohibit vehicle access from a conditional use to a residential street, and it may limit building openings within 50 feet of a residential property in an agricultural or residential zone if the openings will cause glare or excessive noise or will otherwise adversely affect adjacent residential property.
(D)
Schools.
(1)
Nursery schools shall provide and maintain at least enough open space for children that meets the requirements for certified child care centers by the Early Learning Division of the Oregon Department of Education (see OAR 414-300-0150). A sight-obscuring fence at least four feet but not more than six feet high shall separate the play area from abutting lots.
(2)
Primary schools shall provide one acre of site area for each 90 pupils or one acre for every three classrooms, whichever is greater.
(3)
Elementary schools shall provide one acre of site area for each 75 pupils or one acre for every 2 1/2 classrooms, whichever is greater.
(E)
Utility substation or pumping substation. In the case of a utility substation or pumping substation, the city may waive the minimum lot size requirement only if it is determined that the waiver will not have a detrimental effect on adjacent property.
(F)
Master plan approval.
(1)
The following uses may be subject to an approved master plan:
(a)
Public, parochial or private schools;
(b)
Public or private nonprofit social service, community or recreational facilities;
(c)
Governmental structures such as city offices, fire station, library, post office and public parks; and
(d)
Hospitals.
(2)
A master plan provides for long range development of an applicant’s property. If a use listed above has received approval for a master plan by the Planning Commission, any expansion shall be processed in accordance with §§ 157.205 through 157.209 of this chapter.
(3)
The procedure for approval of a master plan shall be the same as a quasi-judicial conditional use process in §§ 157.207 through 157.209 of this chapter.
(4)
Once a master plan has been approved, a building permit may be approved administratively by city staff, provided the proposed permit has been addressed in the approved master plan.
(5)
Minor deviation or temporary structures (for example, modular school classrooms) may be approved administratively by city staff, so long as the deviation from the master plan does not increase the overall land use intensity of the site by 10%, unless a different percentage is specified in the master plan.
(6)
A master plan is recommended but not required for uses listed above that existed as of January 1, 1994. However, temporary uses and structures that do not increase the overall land use intensity by 10% may be approved administratively by the city staff.
(Ord. 1840, passed 2-28-1994; Am. Ord. 2264, passed 9-24-2018)
