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Jefferson City Zoning Code

CHAPTER 12

84 CONDITIONAL USE PERMITS

§ 12.84.010 Description and purpose.

Uses requiring a conditional use permit may be permitted, enlarged, or altered in accordance with the provisions of this chapter. In addition, where a use is not authorized or where ambiguity exists concerning the appropriate classification of a particular use or type of development within the intent of the Development Code, said use or type of development may be established by a conditional use permit in accordance with this chapter.
The purpose of conditional use permits is to allow determination of the appropriateness and compatibility of certain uses proposed to be located in areas not specifically designated for such uses and which may only be suitable for location in such areas with application of special conditions as allowed by this chapter.
(DC § 15.010; Ord. 642 § 23, 2003)

§ 12.84.020 Procedure.

An application for a conditional use permit shall be processed as a Type B procedure and shall be made by the owner of the subject property or authorized agent on a form prescribed by the City, and shall be accompanied by the prescribed fee and evidence demonstrating compliance with the criteria noted below.
(DC § 15.020)

§ 12.84.030 Applications.

The applications for a conditional use permit shall be made in writing to the City by the owner of the land in consideration or by his or her agent on forms provided by the City. The application shall be accompanied by the following information:
A. 
Site and preliminary building plans and elevations;
B. 
Existing conditions on the site and within 300 feet of the site;
C. 
Utility and access data;
D. 
Operational data;
E. 
Names and addresses of property owners within 300 feet of the site;
F. 
All other information requested by the Planning Commission.
(DC § 15.030)

§ 12.84.040 Criteria.

A. 
A conditional use permit shall be granted if the Planning Commission finds that the proposal conforms with the following general criteria:
1. 
The proposal is in conformance with the Comprehensive Plan;
2. 
The location, size, design and operating characteristics of the proposed development area are such that the development will be reasonably compatible with and have minimal impact on the livability and appropriate development of abutting properties and the surrounding neighborhood;
3. 
In determining the above, consideration shall be given to the following:
a. 
Harmony in scale, bulk, coverage and density;
b. 
The availability and capacity of public facilities and utilities;
c. 
The generation of traffic and the capacity of surrounding streets;
d. 
Public safety and protection;
e. 
Architectural and aesthetic compatibility with the surrounding area.
4. 
A proposal for a residential care facility shall comply with the additional criteria listed in subsection B of this section.
5. 
A proposal for a wireless communication facility shall comply with the additional criteria and conditions listed in Section 12.84.060.
6. 
A proposal for a marijuana facility shall comply with the additional criteria and conditions listed in Section 12.84.070.
B. 
Additional criteria that are required if the permit is for a residential care facility:
1. 
The residential care facility must retain a residential architectural style.
2. 
The minimum lot size for such a residential care facility is 10,000 square feet.
3. 
A minimum of two parking spaces, plus one additional space for each four persons for which care is to be given, shall be provided. Such parking shall not be allowed within the required setback area except in the instance of an existing driveway. In such case not more than two of the required spaces may be provided within such driveway.
4. 
A fenced outdoor area of a minimum of 1,000 square feet shall be provided.
5. 
Sidewalks along the frontage of the subject property shall be provided to City standards.
6. 
Exterior signage shall be permitted as per Section 12.68.030.
(DC § 15.035; Ord. 643 § 58, 2004; Ord. 686 § 5, 2015; Ord. 691 § 5, 2015)

§ 12.84.050 Conditions.

The Planning Commission may designate conditions in connection with the conditional use permit as it deems necessary to secure the purpose of this chapter and may require the guarantees and evidence that such conditions will be complied with. Such conditions may include:
A. 
Regulation of uses;
B. 
Special yards, spaces;
C. 
Fences and walls;
D. 
Street dedications and improvement petition (or bonds);
E. 
Regulation of points of vehicular ingress and egress;
F. 
Regulation of signs;
G. 
Regulation of building textures, colors, architectural features and height;
H. 
Landscaping, screening and buffering where necessary to increase compatibility with adjoining uses;
I. 
Regulation of noise, vibration, odors or other similar nuisances;
J. 
Regulation of hours for certain activities;
K. 
Time period within which the proposed use shall be developed;
L. 
Duration of use;
M. 
Preservation of natural vegetative growth and open space;
N. 
Such other conditions as will make possible the development of the City in an orderly and efficient manner in conformity with the intent and purposes of this chapter and the Comprehensive Plan.
(DC § 15.040)

§ 12.84.060 Criteria and conditions specific to wireless communication facilities.

A. 
Review of a wireless communications facility conditional use permit shall consider the design, setback, and visual buffering of the associated shelter or enclosed facility. Towers and/or antenna facilities shall be disguised whenever possible, such as the use of existing billboards, church steeples and trees.
B. 
It is the legislative policy of the City of Jefferson to restrict and minimize the number of towers necessary to serve the community of Jefferson.
C. 
Sharing of tower facilities by more than one service provider shall be required, unless the applicant demonstrates that sharing of these facilities is not technically feasible. An application for a new tower must contain a scientific study demonstrating that the towers previously authorized are inadequate to serve the community of Jefferson. The design of all towers must be such as to accommodate multiple co-locators to serve the reasonably anticipated users of wireless communication facilities. The renewal of conditional uses shall be subject to a finding that the applicant has even-handedly administered colocation requests from all vendors of wireless communication services.
D. 
A conditional use permit issued for a wireless communications facility shall be valid for a period not to exceed five years. A conditional use permit may be renewed by the applicant for additional five year increments, for a total of 25 years. The sole review criteria for renewal shall be whether the facility and the applicant shall have fully complied with all conditions and requirements of the original installation.
E. 
Wireless communications facilities are prohibited in all residential zones, and within 350 feet of any residential zone. Any existing facilities at the time of annexation or rezoning must be phased out (amortized) over a period of five years from the date of the annexation or rezoning.
F. 
If a wireless communication facility is not used for a period of one year, the conditional use permit shall automatically expire at the end of the one-year period.
G. 
If a conditional use permit for a wireless communication facility expires or is revoked for any reason, the facility shall be dismantled within 90 days of the expiration or revocation.
H. 
The applicant shall keep timely records of the use and maintenance of the site during the life of the permit.
(Ord. 627 § 3, 2001)

§ 12.84.070 Criteria and conditions specific to marijuana facilities.

A. 
Marijuana processing facilities, marijuana wholesalers, and marijuana retail facilities may be permitted as a conditional use in the C and I districts, subject to the provisions of Sections 12.84.010 through 12.84.050 and the criteria and conditions listed in subsections C through K of this section.
B. 
Marijuana producers may be permitted as a conditional use in the I district, subject to the provisions of Sections 12.84.010 through 12.84.050 and the criteria and conditions listed in subsections C through K of this section.
C. 
At the time a conditional use application for a marijuana facility is filed, the marijuana facility may not be located:
1. 
Within 1,000 feet of a public elementary or secondary school for which attendance is compulsory under ORS 339.020;
2. 
Within 1,000 feet of a private or parochial elementary or secondary school teaching children as described in ORS 339.030(1)(a);
3. 
Within 500 feet of a childcare facility;
4. 
Within 1,000 feet of another marijuana facility;
5. 
Within 500 feet of a public park, playground, recreational facility, or athletic field; or
6. 
Within 500 feet of a public library.
D. 
Marijuana facilities may not include drive-through facilities.
E. 
Marijuana facilities may not operate as a "home occupation" as defined in Section 12.04.080.
F. 
Marijuana facilities may not operate as a "temporary use" as defined in Section 12.04.080.
G. 
Marijuana processors, marijuana retailers, marijuana wholesalers, medical marijuana facilities and medical marijuana processing sites shall not open to the public before 8:00 a.m. and shall close not later than 8:00 p.m.
H. 
Marijuana producers may only manufacture, plant, cultivate, grow, or harvest marijuana within a structure and out of public view.
I. 
The Planning Commission may place additional conditions on marijuana facilities, including, but not limited to, conditions related to safety features such as exterior security lighting.
J. 
For purposes of this section the following definitions apply:
1. 
"Child care facility" means a child care facility certified by the Oregon Department of Education.
2. 
"Elementary school" means a learning institution containing any combination of grades Kindergarten through 8 or age level equivalent.
3. 
"Public park, playground, recreational facility or athletic field" means a park, playground, recreational facility, or athletic field that is owned or operated by a government entity or nonprofit organization and that is open to the general public.
4. 
"Public library" means a library owned or operated by a government entity or nonprofit organization that is open to the general public.
5. 
"Secondary school" means a learning institution containing any combination of grades 9 through 12 or age level equivalent and includes those institutions that provide junior high schools which include 9th grade.
6. 
"Within 500 feet" means a straight line measurement in a radius extending for 500 feet or less in every direction between any point on the boundary line of the real property on which a marijuana facility is located and the real property on which a childcare facility, public park, playground, recreational facility, athletic field, or public library is located.
7. 
"Within 1,000 feet" means a straight line measurement in a radius extending for 1,000 feet or less in every direction between:
a. 
Any point on the boundary line of the real property on which a marijuana facility is located and the real property on which a public elementary or secondary school for which attendance is compulsory under ORS 339.020 or a private or parochial elementary or secondary school teaching children as described in ORS 339.030(1)(a) is located; or
b. 
Any point on the boundary line of the real property on which a marijuana facility is located and the real property on which another marijuana facility is located.
K. 
Any lot, dwelling, building, structure or place of any kind where marijuana is grown, sold, manufactured, processed, stored, bartered, or distributed in violation of State law, the Jefferson Municipal Code, or a land use approval is a nuisance. The City may take action to abate the nuisance in accordance with Chapter 5.04 of the Jefferson Municipal Code. This remedy is in addition to, and not in lieu of, any other civil, criminal, or administrative remedies available to the City.
(Ord. 686 § 6, 2015; Ord. 691 § 6, 2015)