Conditional uses listed in this ordinance may be permitted, enlarged, or otherwise altered upon authorization by the planning commission in accordance with the standards and conditions in this chapter. In permitting a conditional use or the modification of a conditional use, the planning commission may impose, in addition to those standards and requirements expressly specified by the ordinance, any additional conditions which the planning commission considers necessary to protect the best interest of the surrounding property of the city as a whole.

A.

The proposal will be consistent with the Comprehensive Plan and the objectives of the Zoning Ordinance and other applicable policies of the city.

B.

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.

C.

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.

D.

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

E.

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 purposes.

A conditional use listed below shall comply with the standards of the zone in which it is located and with the standards and conditions set forth in this section.

A.

Bed and Breakfast Facilities Development Standards. A bed and breakfast facility approved as a conditional use in the residential zones of the city shall have the following approval standards.

1.

The structure shall retain the characteristics of a single-family dwelling.

2.

The number of guest rooms shall be limited to five and the number of guests shall be limited to ten.

3.

In addition to the required off-street parking for each residential use, one off-street parking space for each bed and breakfast guest shall be provided.

4.

Signs shall be limited to one non-illuminated sign, not exceeding four square feet. No off-premises signs are permitted.

5.

Submission of an acceptable site plan that meets off-street parking requirements and provides landscaping appropriate to a residential neighborhood.

B.

Dog Pounds and Kennels. The planning commission may authorize a dog pound or kennel as a conditional use; provided, that building and site design provisions are adequate to minimize noise and odor. When necessary to protect surrounding properties, the city may require a sight-obscuring fence or hedge, and may restrict vehicular access and loading facilities, especially those required by trucks and transporting large animals.

C.

Commercial Use or Accessory Use Not Wholly Enclosed Within a Building or Retail Establishment, Office, Service Commercial Establishment, Financial Institution, or Personal or Business Service Establishment of a Lot in a Residential Zone. In any zone permitting a commercial use or accessory use not wholly enclosed within a building or a retail or other business establishment on a lot abutting or across the street from a lot in a residential zone, such use may be permitted as a conditional use subject to the following standards:

1.

A sight-obscuring fence or evergreen hedge may be required by the city when, in its judgment, such a fence or hedge or combination thereof is necessary to preserve the values or nearby properties or to protect the aesthetic character of the neighborhoods, or vicinity.

2.

In addition to the requirements of the applicable zone, the city may further regulate the placement and design of signs and lights in order to preserve the values or nearby properties; to protect them from glare, noise or other distractions; or to protect the aesthetic character of the neighborhood or vicinity.

3.

In order to avoid unnecessary traffic congestion and hazards, the city may limit access to the property.

D.

Manufactured or Mobile Home Park. Such a park shall be built to state standards in effect at the time of construction, the following provisions, and any additional conditions set forth in the city approval prior to occupancy.

1.

Evidence shall be provided that the park will be eligible for a certificate of sanitation as required by state law.

2.

The space provided for each unit shall be provided with piped potable water and electrical and sewerage connections and shall not be less than thirty feet in width nor less than forty feet in length.

3.

The number of spaces for individual units shall not exceed twelve for each acre of the total area in the mobile home park. Except that the city may vary this density as follows:

a.

If decided open space equals fifty percent or more of the total area of the park, a maximum ten percent increase in units per acre may be granted.

b.

If in addition to subsection 3(a) above, a maintained playground area with approved equipment, such as goal posts, swings, slides, etc., is provided, the maximum increase in units per acre may be increased an additional five percent.

c.

If in addition to subsections 3(a) and 3(b) above, an approved recreation/community building is provided, an additional ten percent increase of units/acre may be allowed (maximum total increase possible twenty-five percent).

4.

No unit in the park shall be located closer than fifteen feet from another unit or from a general use building in the park. No unit or other building or structure shall be within twenty-five feet of a public street property boundary or ten feet of another property boundary.

5.

A mobile home permitted in the park shall meet the following standards as determined by an inspection by the Building Official:

a.

It shall have a State Insigne indicating compliance with Oregon State Home Construction Standards in effect at the time of manufacture.

b.

It shall contain not less than two hundred twenty five square feet of space as determined by measurement of the exterior of the unit exclusive of any trailer hitch device.

6.

A mobile home permitted in the park shall be provided with a continuous skirting.

7.

If the park provides spaces for fifty or more units, each vehicular way in the park shall be named and marked with signs which are similar in appearance to those used to identify public streets. A map of the named vehicular ways shall be provided to the appropriate fire department.

8.

The park shall have water supply mains designed to serve fire hydrants and hydrants shall be provided within five hundred feet of each space or structure, shall be located on a vehicular way and shall conform in design and capacity to required City standards.

9.

A parking space shall be provided for each unit space on the site. In addition, guest parking spaces shall also be provided in every park within two hundred feet of the unit spaces served and at a ratio of one parking space for each two unit spaces.

10.

Roadways within the park shall be poured surface and shall not be less than thirty feet in width if parking is permitted on the margin of the roadway, or less than twenty feet in width if parking is not permitted on the edge of the roadway and an adequate designated area is provided and improved for guest parking and tenant recreational vehicles.

E.

Multi-Family Dwelling Complex. A multi-family dwelling complex shall comply with the following provisions, and any additional conditions set forth in the city's approval, and shall be constructed pursuant thereto prior to occupancy:

1.

If such a complex or any unit thereof is more than three hundred fifty feet from a public fire hydrant where such a system is available, such shall be provided at appropriate locations on a vehicular way and shall conform in design and capacity to required standards.

F.

Recreation Vehicle Park. A recreation vehicle park shall be built to state standards in effect at the time of construction, with the following provisions and any additional conditions set forth in the city's approval prior to occupancy:

1.

Trash receptacles for the disposal of solid waste materials shall be provided in convenient locations for the use of guests of the park and located in such number and be of such capacity that there is not uncovered accumulation of trash at any time.

2.

No recreation vehicle shall remain in the park for more than thirty days in any sixty-day period, except as approved by the city.

3.

The park shall be maintained in a neat appearance at all times. Except for vehicles, there shall be no outside storage of materials or equipment belonging to the park or to any guest of the park.

4.

Evidence shall be provided that the park will be eligible for a certificate of sanitation as required by State law.

G.

Radio, Television Tower, Utility Station or Substation:

1.

In a residential zone, all equipment storage on the site may be required to be within an enclosed building.

2.

The use may be required to be fenced and provided with landscaping.

3.

The minimum lot size for a public utility facility may be waived on finding that the waiver will not result in noise or other detrimental effects to adjacent property.

4.

Transmission towers, cellular phone towers, overhead wires, pumping stations, and similar gear shall be so located, designed and installed as to minimize their conflict with scenic values.

H.

Transportation Improvements not specifically identified in TSP:

1.

Constructions, reconstructions, or widening of highways, roads bridges, or other transportation projects that are: (a) designated in the transportation system plan but of which no site-specific decisions have been made or (b) not designed and constructed as part of a subdivision or planned development subject to site plan and/or conditional use review, shall comply with the transportation system plan and applicable standards, and shall address the following criteria. For State projects that require an Environmental Impact Statement (EIS) or EA (Environmental Assessment), the draft EIS or EA shall be reviewed and used as the basis for findings to comply with the following criteria:

a.

The project is designed to be compatible with existing land use and social patterns, including noise generation, safety, and zoning.

b.

The project is designed to minimize avoidable environmental impact to identified wetlands, wildlife habitat, air and water quality, cultural resources, and scenic qualities.

c.

The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.

d.

Project includes provision for bicycle and pedestrian circulation as consistent with the comprehensive plan and other requirements of this ordinance.

2.

If review under this section indicates that the use or activity is inconsistent with the transportation system plan, the procedure for a plan amendment shall be undertaken prior to or in conjunction with the conditional permit review.

In permitting a new conditional use or the alteration of an existing conditional use, the planning 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.

A.

Increasing the required lot size or yard dimension.

B.

Limiting the height, size or location of buildings.

C.

Controlling the location and number of vehicle access points.

D.

Increasing the street width.

E.

Increasing the number of required off-street parking spaces.

F.

Limiting the number, size, location and lighting of signs.

G.

Requiring diking, fencing, screening, landscaping, or other facilities to protect adjacent or nearby property.

H.

Designating sites for open space.

I.

Requiring proper drainage and pest control.

J.

Placing time limits on the use and requiring periodic reviews.

A.

Application for a Conditional Use. A property owner shall initiate a request for a conditional use or the modification of a conditional use by filing an application along with drawings or information necessary to an understanding of the proposed uses and its relationship to surrounding properties. A site plan must be prepared following the requirements of Chapter 14.15 of this ordinance.

B.

Public Hearings on Conditional Use. Before the planning commission can act on a conditional use request, a public hearing must be held.

C.

Notification Action. Within five days following the planning commission decision, the city shall provide the applicant with a written notice of the planning commission's action on the application.

D.

Time Limit on a Permit for Conditional Use. Authorization of a conditional use shall be void after six months, unless substantial construction pursuant thereto has taken place. However, the planning commission may, at its discretion, extend authorization for an additional six months on request.

If a request is denied by the city staff or hearing body and no appeal is filed, or if upon review or appeal the denial is affirmed, no new request for the same or substantially similar proposal shall be filed within six months after the date of final denial. An application may be denied without prejudice and a waiver of the six month restriction granted. If conditions have changed to an extent that further consideration of an application is warranted, the hearing body, on its own motion, may consider new evidence and waive the six month restriction.

Except as provided for under ORS 227.178, the city shall take final action on conditional use permits and variances, including the resolution of all appeals to the city council under ORS 227.180, within one hundred twenty days from the date a complete application is submitted to the city. Within thirty days of receipt of an application, the city will review the application to determine whether it is complete. The applicant will be notified of any missing materials within the thirty-day period. The one hundred twenty-day time period will commence on the date the application is deemed complete.

A.

Land uses which lawfully existed at the time of the adoption of this ordinance and which would be considered as conditional uses in this ordinance shall be considered as existing conditional uses.

B.

An expansion, enlargement or change of use to another listed conditional use shall be required to be approved by the planning commission in accordance with this chapter.

A.

Any conditional use permit shall be subject to denial or revocation by the planning commission if the application includes or included any false information, or if the conditions of approval have not been complied with or are not being maintained.

B.

In order to consider revocation of a conditional use permit, the planning commission shall hold a public hearing as prescribed under Chapter 14.12 of this ordinance in order for the holder of a conditional use permit to show cause why the permit should not be revoked.

C.

If the planning commission finds that the conditions of approval have not been complied with or are not being maintained, a reasonable time shall be given for making corrections. If corrections are not made, revocation of the conditional use permit shall become effective ten days after the time specified.

D.

Reapplication for a conditional use which has been revoked cannot be made within one year after the date of the planning commission's action, except that the planning commission may allow a new application to be considered if new evidence or a change in circumstances warrant it.