This chapter identifies and provides the procedures, decision standards, and other matters for the review of class II and class III use applications. Class II and class III uses are hereby determined to be permitted uses for the purposes of this title, and all other land use ordinances. (Ord. 2005-13, 2005)

   (1)   The zoning administrator is authorized to approve, approve with requirements necessary for compliance with all applicable land use ordinance provisions, or deny class II use applications, except class II use applications proposed on any sensitive lands areas.

   (2)   The commission is authorized to approve, approve with requirements necessary for compliance with all applicable land use ordinance provisions, or deny class III use applications, except class III use applications proposed on any sensitive lands areas.

   (3)   The sensitive lands committee is authorized to approve, approve with requirements necessary for compliance with all applicable land use ordinance provisions, or deny class II use applications proposed on any sensitive lands areas.

   (4)   The sensitive lands committee is authorized to approve, approve with requirements necessary for compliance with all applicable land use ordinance provisions, or deny class III use applications proposed on any sensitive lands areas. (Ord. 2005-13, 2005)

   (1)   Requests to establish a class II or class III use shall be made on the applicable application, which may include a building permit application for a class II use.

   (2)   A property owner may present a class II or class III use application for review and decision. An agent of the property owner, or a lessee of the property, may present a class II or class III use application for review and decision, provided such application is accompanied by a property owner affidavit of authorization.

   (3)   A class II or class III use application shall be determined complete by the zoning administrator, as provided by chapter 13 of this title. For class II or class III use applications determined to be incomplete, the zoning administrator shall comply with the requirements of chapter 13 of this title. (Ord. 2005-13, 2005)

Class II and class III use applications, except class II and class III use applications proposed on any sensitive lands areas, shall provide the following information and materials, and the application requirements for a building permit, as applicable:

   (1)   Requirements For Class II Uses: The following minimum information shall be provided:

      (a)   A complete class II use application.

      (b)   All information and materials required by the adopted building code, for a complete building permit application.

      (c)   Other information, as may be required by the zoning administrator, necessary to review the class II use application.

   (2)   Requirements For Class III Uses: The following minimum information shall be provided:

      (a)   A complete class III use application.

      (b)   Eight (8) copies of a site plan, drawn at a scale of one inch equals forty feet (1" = 40'), or as required by the zoning administrator, and prepared by a licensed engineer or architect, plus twenty (20) copies of an eleven inch by seventeen inch (11" x 17") reduced copy of the site plan set identifying the following:

         (i)   The location and dimension of the property and all proposed uses and buildings, all existing buildings or other structures located on the property, and existing buildings and structures located within one hundred feet (100') of the property. Existing property lines and existing fence lines shall be shown.

         (ii)   The location of all zoning district boundaries.

         (iii)   The location and dimension of all existing natural features, including, but not limited to, rock and lava outcrops, views, existing vegetation, wetlands, drainageways, floodplains, water bodies, and threatened or endangered species habitat areas.

         (iv)   Existing site grade, and the proposed finished grade, shown at a maximum contour interval of two feet (2'), or as required by the zoning administrator.

         (v)   The proposed setbacks and exterior dimensions of all proposed buildings and structures.

         (vi)   The location of all roads and streets adjoining the site, or proposed to serve the site, and including any permits as required by Washington County or the state department of transportation, as applicable.

         (vii)   The location and dimension of all proposed ingress and egress points, off street parking and loading areas, including the total number of parking and loading spaces.

         (viii)   The location and dimension of all pedestrian and biking facilities, including sidewalks and trails, if any.

         (ix)   All public and private rights of way and easements located on, or adjacent to, the property, proposed to be continued, created, relocated or abandoned, shall be shown.

      (c)   Located on the site plan sheets, or on separate sheets, as may be proposed by the applicant, or required by the zoning administrator for readability, the following information shall be provided:

         (i)   Line And Facility Location And Size: The location and sizes of all existing water, sewer, storm drainage, power, gas and telephone lines, and facilities (see sections 16.11.112 and 16.11.113 of this title).

         (ii)   Design Plans: The design plans for all new water, sewer, storm drainage, power, gas and telephone lines, and facilities, as applicable. Access points to all utilities and locations of utility connections shall be shown (see sections 16.11.112 and 16.11.113 of this title).

         (iii)   Road And Street Design: The design and cross section of all new roads and streets proposed, meeting the design and construction requirements of the city, or other agencies, as applicable, and prepared by a licensed engineer, at a scale acceptable to the zoning administrator (see section 16.11.114 of this title).

         (iv)   Landscape Plan: Landscape plans shall be included, prepared by a registered landscape architect, identifying all proposed landscape, screening and buffering features, including all proposed plant materials, including their locations and sizes. All proposed plant materials shall be drought tolerant (see chapters 19 and 22 of this title).

         (v)   Fences And Walls: The location of all fences and walls, identifying proposed height, materials and colors shall be shown (see chapter 19 and section 16.11.135 of this title).

         (vi)   Building Plans: The exterior elevations of every side of all proposed buildings and structures shall be provided, clearly showing building materials and colors proposed for all exterior building facades. This information shall include a proposed building materials and colors board, including color chips and material samples. The location of all associated mechanical and ancillary equipment, if any, shall be provided, including any screening treatments proposed (see chapter 19 of this title).

         (vii)   Site And Building Signage Plans: Information and plans shall be provided identifying all proposed site and building signage, including the design, height, size, materials and colors of all building and site identification signs (see chapter 21 of this title).

         (viii)   Site And Building Lighting Plans: Information and plans shall be provided identifying all proposed site and building lighting identifying the type, design, location, intensity, height and direction of all site and building lighting. The commission may require a photometric plan of the site, including all site and building lighting (see chapters 19 and 22 of this title).

         (ix)   Waste Collection: The location and dimensions of all proposed solid waste collection areas and storage areas, including the proposed methods of screening (see chapter 19 of this title).

         (x)   Erosion Control Plan: Information and plans identifying proposed temporary and permanent erosion control measures.

         (xi)   Construction Plan: A plan identifying the phases of construction, a construction schedule, and a list of all permits necessary for the proposed use, as applicable.

      (d)   A narrative, accompanied by necessary tables and other information, describing the proposed site plan and proposed uses, to assist the commission review of the proposed site plan, and including:

         (i)   A calculation, identifying all pervious and impervious areas.

         (ii)   A description of all proposed uses and buildings, including the total site area and building square footage, by building.

         (iii)   Projected increase in traffic trips.

         (iv)   Projected water and sewer demand.

      (e)   Other information, as may be required by the zoning administrator or commission, necessary to review the class III use application. (Ord. 2005-13, 2005)

Class II and class III use applications proposed on any sensitive lands areas shall provide the information required by section 16.15.104 of this chapter, and other information required by chapter 8 of this title, as determined necessary by the sensitive lands committee to review the class II or class III use application. (Ord. 2005-13, 2005)

   (1)   The procedures for the review of a class II use application, except those proposed on any sensitive lands areas, are identified by figure 15-1 in this chapter.

   (2)   The procedures for the review of a class III use application, except those proposed on any sensitive lands areas, are identified by figure 15-2 in this chapter.

   (3)   The zoning administrator for class II use applications, and the commission for class III use applications, shall review the application and determine if the application:

      (a)   Is a class II or class III use within the zoning district, as identified in the tables of uses (chapter 33 of this title).

      (b)   Complies with all requirements applicable to the zoning district, including minimum area, setbacks, height, and all other requirements applicable in the zoning district.

      (c)   Complies with all requirements of chapter 19 of this title.

      (d)   Does not propose any use, building or structure on any sensitive lands.

      (e)   Complies with all applicable dedication requirements of the city and provides the necessary infrastructure, as required.

   (4)   Upon a finding by the zoning administrator for class II use applications, or the commission for class III use applications, that the proposed use, building or structure complies with the standards and requirements of this chapter, and the proposed use, building or structure can be adequately serviced by the existing, or proposed public facilities (see section 16.11.111 of this title), the application shall be reviewed for compliance with the adopted building code. If the application for a class II or class III use complies with the requirements of all land use ordinances, the adopted building code, and all other applicable requirements, the class II or class III use application shall be approved, with or without requirements, and a building permit issued.

   (5)   Upon a finding by the zoning administrator for class II use applications, or the commission for class III use applications, that the proposed use, building or structure does not comply with the requirements of this chapter, or the proposed use, building or structure cannot be adequately serviced by the existing, or proposed public facilities (see section 16.11.111 of this title), or any other applicable requirement, as adopted, the zoning administrator or commission, as applicable, shall deny the application and no building permit shall be issued. (Ord. 2005-13, 2005)

   (1)   The procedures for the review of a class II use application proposed on any sensitive lands areas are identified by figure 15-3 in this chapter.

   (2)   The procedures for the review of a class III use application proposed on any sensitive lands areas are identified by figure 15-4 in this chapter.

   (3)   The sensitive lands committee for class II and class III use applications proposed on sensitive lands areas shall review the application and determine if the application:

      (a)   Is a class II or class III use within the zoning district, as identified in the tables of uses (chapter 33 of this title).

      (b)   Complies with all requirements applicable to the zoning district, including minimum area, setbacks, height, and all other requirements applicable in the zoning district.

      (c)   Complies with all requirements of chapter 8 of this title, as applicable.

      (d)   Complies with all requirements of chapter 19 of this title.

      (e)   Complies with all applicable dedication requirements of the city and provides the necessary infrastructure, as required.

   (4)   Upon a finding by the sensitive lands committee that the proposed class II or class III use application that the proposed use, building or structure complies with the standards and requirements of this chapter, and the proposed use, building or structure can be adequately serviced by the existing, or proposed public facilities (see section 16.11.111 of this title), the application shall be reviewed for compliance with the adopted building code. If the application for a class II or class III use complies with the requirements of all land use ordinances, the adopted building code, and all other applicable requirements, the class II or class III use application shall be approved, with or without requirements, and a building permit issued.

   (5)   Upon a finding by the sensitive lands committee that the proposed class II or class III use application that the proposed use, building or structure does not comply with the requirements of this chapter, or the proposed use, building or structure cannot be adequately serviced by the existing, or proposed public facilities (see section 16.11.111 of this title), or any other applicable requirement, as adopted, the sensitive lands committee shall deny the application and no building permit shall be issued. (Ord. 2005-13, 2005)

   (1)   The zoning administrator shall maintain all class II use application approvals on file, which may be included within the building permit files of the city.

   (2)   The zoning administrator or commission recording secretary shall maintain all class III use application approvals on file.

   (3)   The zoning administrator or sensitive lands committee recording secretary shall maintain all class II and class III use application approvals on sensitive lands areas on file. (Ord. 2005-13, 2005)

   (1)   Approval of a class II use application by the zoning administrator, or a class III use application by the commission, shall authorize the establishment of the approved use, building or structure, subject to any requirements of approval.

   (2)   Approval of a class II use application or a class III use application proposed on any sensitive lands areas by the sensitive lands committee shall authorize the establishment of the approved use, building or structure, subject to any requirements of approval. (Ord. 2005-13, 2005)

   (1)   Any person aggrieved by a decision of the zoning administrator regarding a class II use application may appeal the decision as provided by chapter 30 of this title.

   (2)   Any person aggrieved by a decision of the commission regarding a class III use application may appeal the decision as provided by chapter 30 of this title.

   (3)   Any person aggrieved by a decision of the sensitive lands committee regarding a class II or class III use application proposed on any sensitive lands areas may appeal the decision as provided by chapter 30 of this title. (Ord. 2014-05, 2014)

The procedure for amending any class II or class III use application approval shall be the same procedure to approve the use application in the first instance (see section 16.13.110 of this title). (Ord. 2005-13, 2005)

A class II or class III use application approval shall be revoked upon a finding of noncompliance, as provided by sections 16.03.116 and 16.03.117 of this title, by the zoning administrator for class II use approvals, the commission for class III use approvals, or the sensitive lands committee for class II use and class III use application approvals on any sensitive lands areas. (Ord. 2005-13, 2005)

See section 16.03.115 of this title.

   FIGURE 15-1

   CLASS II USE APPLICATION PROCEDURES

   (EXCEPT THOSE PROPOSED ON SENSITIVE LANDS AREAS)

 

   FIGURE 15-2

   CLASS III USE APPLICATION PROCEDURES

   (EXCEPT THOSE PROPOSED ON SENSITIVE LANDS AREAS)

 

   FIGURE 15-3

   CLASS II USE APPLICATION PROCEDURES

   PROPOSED ON SENSITIVE LANDS AREAS

 

   FIGURE 15-4

   CLASS III USE APPLICATION PROCEDURES

   PROPOSED ON SENSITIVE LANDS AREAS

 

(Ord. 2005-13, 2005)