This chapter identifies and provides the procedures, decision standards, and other matters for the review of Class IV and Class V use applications. Class IV and Class V uses are hereby determined to be conditional uses for the purposes of this title, and the City's other land use ordinances. (Ord. 2005-13, 2005)

   (1)   The commission is authorized to approve, approve with conditions, or deny Class IV use applications.

   (2)   The City Council is authorized to approve, approve with conditions, or deny Class V use applications. (Ord. 2005-13, 2005)

   (1)   Requests to establish a Class IV or Class V use shall be made on the applicable application.

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

   (3)   A Class IV or Class V use application shall be determined complete by the Zoning Administrator, as provided by chapter 13 of this title. For Class IV or Class V 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 IV and Class V use applications, except Class IV and Class V 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)   A complete Class IV or Class V use application.

   (2)   Stamped, addressed envelopes for all owners of property located within three hundred feet (300') of the property that is the subject of the application. (A list of property owners is available from the Washington County Recorder's Office.)

   (3)   Fourteen (14) copies of a site plan, drawn at a scale of one inch equals forty feet (1" = 40'), or as required by the Zoning Administrator, 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:

      (a)   The location and dimension of the property and all proposed uses and buildings, and 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.

      (b)   The location of all zoning district boundaries.

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

      (d)   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.

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

      (f)   The location of all roads and streets serving 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.

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

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

      (i)   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.

   (4)   Located on the site plan sheet, 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:

      (a)   Lines And Facilities: All existing and proposed water, sewer, storm drainage, power, gas and telephone lines, and facilities (see sections 16.11.112 and 16.11.113 of this title).

      (b)   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).

      (c)   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 and chapter 8 of this title, as applicable).

      (d)   Landscape Plans: 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).

      (e)   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).

      (f)   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).

      (g)   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).

      (h)   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 sensitive lands committee and/or commission and/or city council, may require a photometric plan of the site, including all site and building lighting (see chapters 19 and 22 of this title).

      (i)   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).

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

      (k)   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.

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

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

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

      (c)   Projected increase in traffic trips.

      (d)   Projected water and sewer demand.

   (6)   Other information, as may be required by the zoning administrator, commission or city council necessary to review the class IV or class V use application. (Ord. 2005-13, 2005)

Class IV and class V use applications proposed on any sensitive lands areas shall provide the information required by section 16.16.104 of this chapter, and other information required by chapter 8 of this title, as determined necessary by the sensitive lands committee, commission or city council to review the class IV or class V use application. (Ord. 2005-13, 2005)

   (1)   The procedures for the review of a class IV use application, except those proposed on any sensitive lands areas, are identified by figure 16-1 in this chapter.

   (2)   The procedures for the review of a class V use application, except those proposed on any sensitive lands areas, are identified by figure 16-2 in this chapter.

   (3)   The procedures for the review of a class IV use application proposed on any sensitive lands areas are identified by figure 16-3 in this chapter.

   (4)   The procedures for the review of a class V use application proposed on any sensitive lands areas are identified by figure 16-4 in this chapter.

   (5)   The commission for class IV use applications, and the city council for class V use applications shall review the application and determine if the application:

      (a)   Is a class IV or class V 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)   Complies with all requirements of chapter 8 of this title if the class IV use application or class V use application is proposed on any sensitive lands areas.

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

   (6)   Upon a finding by the commission for class IV use applications, or the city council for class V use applications, that the proposed use, building or structure complies with the 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), and reasonable conditions are proposed, or can be proposed to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with the applicable standards of section 16.16.107 of this chapter, the application shall be reviewed for compliance with the adopted building code. If the application for a class IV or class V use complies with the requirements of all land use ordinances, the adopted building code, and all other applicable requirements, the class IV or class V use application shall be approved, with or without reasonable conditions, and a building permit issued.

   (7)   Upon a finding by the commission for Class IV use applications, or the City Council for Class V 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 reasonable conditions are not proposed, or cannot be proposed to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with the applicable standards of section 16.16.107 of this chapter, the application shall be denied and no building permit shall be issued. (Ord. 2005-13, 2005)

As may be necessary for determining reasonable conditions that could be imposed to mitigate reasonably anticipated detrimental effects of the proposed use at the proposed location, the commission for Class IV use applications, and the City Council for Class V use applications, should consider applicable standards which include, but may not necessarily be limited to, the following: (Ord. 2017-17, 2017)

   (1)   Size, configuration and location of the site, and proposed site plan layout.

   (2)   Proposed site ingress and egress to existing and proposed roads and streets.

   (3)   The provision of public facilities and amenities, including, but not limited to, roads and streets, water, sewer, storm drainage, public safety and fire protection, and other utilities.

   (4)   Location and amount of off street parking and loading areas.

   (5)   Site circulation pattern for vehicular and pedestrian traffic and traffic controls.

   (6)   Building size and location, building design and exterior building features, building materials and building colors.

   (7)   The location and design of all site features, including proposed signage, lighting and refuse collection.

   (8)   The provision of usable open space, public features and recreational amenities.

   (9)   Fencing, screening and landscape treatments and other features designed to increase the attractiveness of the site and protect adjoining property owners from noise and visual impacts.

   (10)   Measures directed at minimizing or eliminating possible nuisance factors, including, but not limited to, operation and maintenance, construction schedules, noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation.

   (11)   Measures designed to protect the natural features of the site, including wetlands and drainageways, protection of views, ground water protection, cut and fill limitations, wildlife habitat and historic and archeological site protection, and other natural site features.

   (12)   The regulation of operating hours for activities affecting normal schedules and functions.

   (13)   Identifying a time for regular review and monitoring, as determined necessary, to ensure the use continues to operate in compliance with all conditions and requirements of approval.

   (14)   Such other conditions determined reasonable by the commission or City Council to allow the operation of the use, at the proposed location in compliance with the requirements of all land use ordinances, including this title. (Ord. 2005-13, 2005)

   (1)   The Zoning Administrator or Commission Recording Secretary shall maintain all Class IV use application approvals on file.

   (2)   The City Recorder shall maintain all Class V use application approvals on file. (Ord. 2005-13, 2005)

Approval of a Class IV use application by the commission or a Class V use application by the City Council shall authorize the establishment of the approved use, building or structure, subject to any conditions of approval. (Ord. 2005-13, 2005)

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

   (2)   Any person aggrieved by a decision of the city council regarding a class V use application may appeal the decision as provided by chapter 30 of this title. (Ord. 2014-05, 2014)

The procedure for amending any class IV or class V 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 IV or class V use 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 commission for class IV use application approvals, or the city council for class V use application approvals. (Ord. 2005-13, 2005)

See section 16.03.115 of this title.

   FIGURE 16-1

   CLASS IV USE APPLICATION PROCEDURES

   (EXCEPT THOSE PROPOSED ON SENSITIVE LANDS AREAS)

 

(Ord. 2005-13, 2005)

   FIGURE 16-2

   CLASS V USE APPLICATION PROCEDURES

   (EXCEPT THOSE PROPOSED ON SENSITIVE LANDS AREAS)

 

(Ord. 2016-06, 2016)

   FIGURE 16-3

   CLASS IV USE APPLICATION PROCEDURES

   PROPOSED ON SENSITIVE LANDS AREAS

 

(Ord. 2005-13, 2005)

   FIGURE 16-4

   CLASS V USE APPLICATION PROCEDURES

   PROPOSED ON SENSITIVE LANDS AREAS

 

(Ord. 2016-06, 2016)