Hood River City Zoning Code
17.06 Conditional
Uses
17.06.005 Purpose.
A conditional use permit is a mechanism by which the city may require specific conditions of development or of the use of land to ensure that designated uses or activities are compatible with other lawful uses in the same zone and in the vicinity of the subject property.
17.06.010 Applicable procedures.
The City shall process conditional use applications in accordance with Review Procedures (Chapter 17.09) and the following.
1. Pre-application Conference: Prior to submittal of a conditional use permit, application, the applicant or applicant’s representative shall attend a pre-application conference.
2. Application: An applicant may submit an application for a conditional use permit at any time after completion of a required pre-application conference. The applicant shall submit a complete application as specified in application and plan requirements section of this chapter.
3. Quasi-Judicial Conditional Use: Applications shall be processed as a Quasi-Judicial application as set forth in the Quasi-Judicial Actions provisions (Section 17.09.040).
4. Changes: Changes to an approved or pre existing conditional use that does not increase the density or impact of the use may be approved by the Planning Director. Changes that the Planning Director determines will increase the density or impact of the use shall be referred to the Planning Commission for a public hearing in accordance with the provisions of this chapter. Prior to review, a plan showing the desired changes must be submitted to the Planning Department.
5. Change in Use: As used in this chapter, change in use shall include, at a minimum, expansion of the use, expansion or alteration of the structure or developed area, change in the functional nature of the use, and/or change in the type of use.
17.06.020 Application and plan requirements.
A. An application for a conditional use permit shall be submitted by the owner of the subject property, or shall be accompanied by the owner’s written authorization, on a form prescribed by the City and accompanied by the required filing fee. The application shall include a plan or drawing meeting the requirements below and a narrative explaining how the applicable criteria are satisfied or will be satisfied through conditions.
B. The plan or drawing accompanying the application shall include the following information:
1. Dimensions and orientation of the parcel.
2. Locations and heights of buildings and structures, both existing and proposed. Scaled elevation drawings and photographs shall be required.
3. Location and layout of parking and loading facilities, including bicycle parking required pursuant to 17.20.040.
4. Location of points of entry and exit and internal circulation patterns for vehicular and non vehicular traffic in compliance with the requirements of Chapter 17.20.
5. Location of existing and proposed wall and fences and indication of their height and materials.
6. Proposed location and type of exterior lighting.
7. Proposed location and size of exterior signs.
8. Site specific landscaping, including percentage of total net area.
9. Location and species of trees greater than six (6) inches in diameter when measured four (4) feet above the ground, and an indication of which trees are to be removed.
10. Topographic map of the subject property using two (2) foot contour intervals (five (5) foot contour intervals may be allowed on steep slopes).
11. Natural drainage and other significant natural features.
12. Legal description of the lot.
13. Percentage of the lot covered by all proposed and remaining structures, to include asphalt concrete and Portland Cement Concrete.
14. Locations and dimensions of all easements and nature of the easements.
15. Service areas for uses such as loading and delivery.
16. Grading and drainage plan.
17. Other site elements that will assist in evaluation of the proposed use.
18. A brief narrative on the nature of the activity shall accompany the site plan including the number of employees, the method of import and export, the hours of operation including peak times, and plans for future expansion.
17.06.030 Approval criteria.
A conditional use shall be granted if the Planning Commission finds that the proposed use conforms, or can be made to conform through conditions, with the following approval criteria. For purposes of this chapter, the surrounding area includes all property within the applicable notice area for a use. In addition, any property beyond the notice area may be included in the surrounding area if the hearing authority finds that it may be adversely impacted by the proposed use.
1. Conditional Uses: Conditional uses are subject to Site Plan Review Decision Criteria (Chapter 17.16) in addition to the following:
2. Impact: The location, size, design, and operating characteristics of the proposed use shall be made reasonably compatible with, and have minimal adverse impact on, the lawful development of abutting properties and the surrounding area, with consideration given to:
a. Any harmful effects on desirable neighborhood characteristics and livability.
b. Bicycle and pedestrian circulation, access and safety.
3. Nuisance: The use shall not generate significant off-site nuisance conditions including, but not limited to, noise, glare, odor, or vibrations.
4. Plan Consistency: The proposal shall be consistent with the Comprehensive Plan and the requirements of the Zoning Ordinance.
5. Scale: The site must be physically capable of accommodating the proposed use, including any needed landscaping, parking, and other requirements. The building size, shape, and/or location may be changed if needed to assure the physical capability of the site.
6. Transportation: Adequate transportation facilities are available to serve the conditional use in terms of the function, capacity, and level of service identified in the Transportation System Plan (TSP).
7. Landscaping: Landscaping shall be in conformance with the landscape regulations of this title.
8. Performance Bonds: When needed to ensure performance of special conditions, bonds or other acceptable securities shall be required.
9. Burden of Proof: The applicant shall bear the burden of showing how the proposed use does conform or can be made to conform through conditions.
10. Final Plans: If the conditional use is approved, detailed final plans shall be submitted which indicate conformance to the conditions. The final plans shall be subject to approval by the City.
17.06.035 Appeals.
Final decisions on conditional use permits may be appealed in accordance with the Appeal Procedures (Section 17.09.070) of this ordinance.
17.06.040 Time limits on a permit for a conditional use.
The conditional use permit is valid for a period of two (2) years from the written notice of the final decision, or the decision on an appeal, whichever is later.
A single one (1) year extension may be granted by the director prior to the expiration date if the applicant can demonstrate that circumstances or conditions, not known or foreseeable at the time of original application, warrant an extension of the permit. The extension request must be received by the department no later than thirty (30) days prior to the expiration of the permit.
17.06.050 Limitation on reapplication.
No conditional use application shall be considered by the Planning Commission within a six (6) month period immediately following a previous denial of such request. An application may be denied without prejudice and a waiver of the six (6) 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 (6) month restriction.
17.06.060 Revocation of a conditional use permit.
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 Review Procedures (Chapter 17.09) of this title 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 (10) days after the time specified.
D. Reapplication for a conditional use which has been revoked cannot be made within one (1) 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 warrants it.
E. Abandonment of the use for over twenty-four (24) consecutive months shall void the conditional use. A single one (1) year extension may be granted by the director prior to the expiration date if the applicant can demonstrate that circumstances or conditions, not known or foreseeable at the time of original application, warrant an extension of the permit. The extension request must be received by the department no later than thirty (30) days prior to the expiration of the permit. If part of the conditional use is still being utilized, an additional conditional use will need to be obtained in order for expansion of the use.