A conditional use is a use of land or a structure which is normally appropriate, desirable or necessary in a zone where it is permitted, but which, by virtue of a feature of that use, could create a problem within the area such as excessive height or bulk, congestion, a potential nuisance or a health or safety hazard. It is the intent of this chapter to provide standards and procedures so that uses which are classified as conditional can fit into a particular zone in a manner so that the best interests of surrounding property, the neighborhood and the city are safeguarded. [Ord. P10-21 § 5.010, 1997.]

Conditional uses listed in this title may be permitted, altered or enlarged upon by authorization of the planning commission in accordance with the standards and procedures set forth in this chapter.

A. In taking action on a conditional use permit application, the city planning commission may either approve or deny the application.

B. The decision to approve or deny a conditional use shall be based on the following criteria:

1. The location, size, design and operating characteristics of the proposed development are compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood. This criteria does not apply to a manufactured dwelling park.

2. The proposed development site has the physical characteristics needed to support the use considering factors such as potential drainage problems and access to a public street.

3. The proposed development will not unduly affect the capacity of current public facilities, including streets and utility systems.

4. The proposed development is consistent with the goals and policies in the comprehensive plan.

C. In approving a conditional use permit application, the city planning commission may impose, in addition to those standards and requirements expressly specified by this title, additional conditions which the city planning commission considers necessary to protect the appropriate development and best interests of the surrounding property, the neighborhood and the city as a whole. These conditions may include, but are not limited to, the following:

1. Increasing the required lot size, lot width or yard dimensions.

2. Limiting the height of buildings.

3. Controlling the location and number of vehicle access points.

4. Increasing the street width.

5. Increasing the number of required off-street parking or off-street loading spaces.

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

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

8. Designating sites for open space or outdoor recreation areas.

9. Regulating noise, vibration, odors and similar factors which may have a substantial negative effect on the development of the surrounding area or the city as a whole.

10. Providing internal property improvements such as utilities, drainage facilities, streets, curbs, gutters, walkways, parking areas, landscaping, fencing, screening or recreation areas in order to enhance the area and to protect adjacent or nearby property.

11. Regulating time periods for the conduct of certain activities.

12. Setting a time limit for which the conditional use is approved.

13. The standards for manufactured dwelling parks expressly specified in LMC 18.25.080(B) cannot be exceeded in taking action on a conditional use application for a manufactured dwelling park.

D. In the case of a use existing prior to the effective date of the ordinance codified in this title and classified in this title as a conditional use, a change in use or in lot area or an alteration or enlargement of a structure shall conform with the requirements for conditional use. [Ord. P10-21 § 5.020, 1997.]

The procedure for taking action on an application for a conditional use shall be as follows:

A. A property owner may initiate a request for a conditional use by filing an application with the city manager, using forms prescribed pursuant to LMC 18.55.020. A filing fee shall accompany an application for a conditional use. The filing fee shall be in accordance with a fee schedule adopted by ordinance of the city council.

B. Before the city planning commission may act on a conditional use application, it shall hold a public hearing thereon in accordance with the provisions of LMC 18.55.030.

C. Within seven days after a decision has been rendered with reference to a conditional use application, the city shall provide the applicant with written notice of the decision of the city planning commission. [Ord. 2021-4 § 3, 2021; Ord. G2-2015 § 1, 2015; Ord. P10-21 § 5.030, 1997. Amended during 2006 recodification.]

Building permits for all or any portion of a conditional use shall be issued only on the basis of the plan for the conditional use as approved by the city planning commission. Any proposed change in the approved plan shall be submitted to the city planning commission as a new application for a conditional use. Building permits involving an approved conditional use shall not be issued until the appeal period as specified under LMC 18.55.010 has passed. [Ord. P10-21 § 5.040, 1997.]

Authorization of a conditional use shall be void one year after the date of approval of a conditional use application or such lesser time as the authorization may specify, unless a building permit has been issued and substantial construction pursuant thereto has taken place or unless a use not involving construction has been initiated in some substantial manner. However, upon written request, the city planning commission may extend authorization for an additional period not to exceed one year. [Ord. P10-21 § 5.050, 1997.]

A conditional use may be revoked or modified by the city planning commission, after public hearing, on any one or more of the following grounds:

A. Approval of the conditional use was obtained by fraud or misrepresentation.

B. The use for which approval was granted has ceased to exist.

C. The use does not meet the conditions specifically established for it at the time of approval of the application.

D. The use is in violation of any provision of this title or any other applicable statute, ordinance or regulation. [Ord. P10-21 § 5.060, 1997.]

Following the denial of any request for a conditional use permit, the city planning commission shall not consider another request for the same conditional use unless the city planning commission finds that new evidence of a change in circumstances warrants a new hearing. [Ord. P10-21 § 5.070, 1997.]

In addition to the standards for the zone in which the conditional use is located and the other standards of this title, conditional uses shall meet the following standards:

A. Standards for Governmental Structures or Uses of Land for Public Utility Facilities. Standards for electrical substation or transformer, public or community domestic water supply reservoir, public or community sewage disposal plant or pumping station, radio or television tower or transmitter, telephone exchange, school bus garage, shop or storage yard or similar governmental or utility structure or use of land shall be as follows:

1. In a residential zone, all equipment and material storage shall be within an enclosed building.

2. Public utility facilities and storage areas shall be screened and provided with landscaping.

3. The minimum lot size requirement may be waived on finding that the waiver will not result in noise or other detrimental effect to adjacent or nearby property.

4. Sewage treatment plants and similar uses shall not be permitted in a residential zone.

B. Standards for a Manufactured Dwelling Park. A manufactured dwelling park may be permitted as a conditional use in residential zones, provided it meets the requirements of ORS Chapter 446 and the standards of the Oregon State Board of Health. In addition, the following minimum standards shall apply:

1. The minimum size of a manufactured dwelling park shall be five acres.

2. The minimum size of a manufactured dwelling space shall be one-half acre.

3. Each manufactured dwelling and accessory building or structure shall be located at least 25 feet from any park property boundary line abutting upon a public street or highway and at least five feet from other park property boundaries.

4. A manufactured dwelling shall not be located closer than 20 feet from all community and service buildings, closer than 10 feet from all interior access roads and closer than three feet from a sidewalk.

5. The transportation mechanisms, including wheels, axles, hitch and any other parts which protrude from the perimeter of the manufactured dwelling shall be removed from all manufactured dwellings. The manufactured dwelling shall either be perimeter blocked or skirted with nondecaying, noncorroding material which is continuous around the manufactured dwelling. Ventilation shall be provided through the perimeter blocking or skirting in accordance with state requirements.

6. Manufactured dwellings shall not be located such that any part of the living space would project over a sidewalk or roadway.

7. Each access road connecting with a city street shall have a surface width of at least 30 feet and all other access roads within the manufactured dwelling park shall have a minimum surface width of 24 feet.

8. Primary access into the manufactured dwelling park shall be designed to cause minimum interference with traffic movement. Where necessary, additional right-of-way shall be dedicated to maintain adequate traffic circulation.

9. All access roads and parking areas shall be surfaced with permanent surfacing to city standards and shall be well drained.

10. All intersections should be designated to be as close to 90-degree angles as possible to allow for maximum visibility.

11. Hard surfaced walkways not less than three feet wide shall be required to connect manufactured dwelling spaces with community and service buildings and to facilitate pedestrian travel through the park.

12. Each manufactured dwelling lot shall have a minimum access approach of 14 feet to a manufactured dwelling park street.

13. Each manufactured dwelling lot shall be designed to include two automobile parking spaces.

14. Each manufactured dwelling shall be provided with electrical, sewer and water connections complying with all applicable city and state codes and ordinances.

15. All electrical and communications utilities provided shall be installed underground.

16. Any private water distribution and storage system serving a manufactured dwelling park shall be capable of supplying a minimum of 150 gallons per day per manufactured dwelling lot, without exhausting the source of supply.

17. Access to a manufactured dwelling for fire protection services shall be such as to permit fire apparatus to approach within 100 feet of each manufactured dwelling. Fire hydrant line sizes shall be such that 500 gallons per minute can be delivered to a manufactured dwelling lot.

18. A separate play area shall be provided in all manufactured dwelling parks that accommodate children under 14 years of age. Such play area shall not be less than 2,500 square feet in an area with at least 100 square feet of play area provided for each manufactured dwelling lot.

19. Recreation areas shall be appropriately developed and maintained. Play areas adjacent to a parking lot, road, railroad, river or similar hazard shall be fenced on the side parallel to such hazard with a minimum three-foot high fence.

20. Each manufactured dwelling stand shall be provided with a patio adjacent to the manufactured dwelling and constructed of concrete, asphalt, flagstone, wood or other hard, smooth surface totaling at least 150 square feet, with its least dimensions not less than five feet.

21. Accessory structures located in any manufactured dwelling space shall be limited to a storage building and a carport. These may be combined as one structure. Structural additions to the manufactured dwelling shall be limited to an awning patio cover or cabana adjacent to the manufactured dwelling.

22. One permanent storage building with a minimum floor area of 32 square feet shall be provided for each manufactured dwelling space. These may be located at the manufactured dwelling space or clustered as community storage areas.

23. Streets and walkways designed for general use of manufactured dwelling residents shall be lighted during hours of darkness. Lighting shall be provided by the conditional use applicant. At the option of the city, the lights may be operated and controlled in the same manner as street lights within the city. Otherwise the lighting shall be maintained by the applicant. The lighting so provided shall provide uniform illumination of at least one foot candle power maintained throughout the manufactured dwelling park.

24. All areas not used for manufactured dwelling spaces, motor vehicle parking, traffic circulation or community or service buildings shall be completely and permanently landscaped. The landscaping shall be maintained in good condition.

25. Screening shall be provided on those sides of a manufactured dwelling that are adjacent to or across a street from any other land area located in a residential zone. The screening shall effectively screen the manufactured dwelling park from view and shall consist of a continuous fence, evergreen hedge or combination thereof. All screening shall be maintained in good condition.

C. Standards for a Day Nursery, Kindergarten, Nursery School, Private School or Similar Facility. Any day nursery, kindergarten, nursery school, private school or similar facility shall meet the following requirements:

1. At least 75 square feet of outdoor play area shall be provided by the activity per enrolled child.

2. The outdoor play area shall be fenced with a cyclone type fence at least six feet in height in order to provide for the children’s safety.

3. No dwelling unit shall be used if more than eight children are to be enrolled or cared for at the facility.

4. The facility shall be readily accessible to fire and other emergency vehicles.

5. The facility shall meet all applicable state licensing requirements and provide proof to the city planning commission that these requirements shall be met.

D. Standards for Auto Wrecking or Junk Yard.

1. The auto wrecking yard or junk yard shall be fully enclosed by a sight-obscuring fence, free of advertising, maintained in good condition and not less than six feet nor more than eight feet in height. No materials or equipment shall be stored in such a manner that they exceed the height of the fence.

2. All automobiles, wrecked or otherwise, shall be kept inside the fenced area at all times, except that vehicles belonging to customers may be parked outside the fence while at the establishment on business.

3. All sales, display, storage, repair or other handling of products, merchandise, equipment and other articles shall take place either within an enclosed building or within the fenced area. All truck loading and unloading shall take place within the fenced area.

4. When the auto wrecking yard or junk yard is located within 400 feet of a residential or commercial zone or a state highway, view-obscuring screening shall be provided. The screening shall consist of a continuous wall, evergreen hedge or combination thereof so as to effectively screen the auto wrecking yard or junk yard from view. The screening shall be maintained in good condition and shall be not less than six feet in height. [Ord. G1-2006 § 32, 2006; Ord. P10-21 § 5.080, 1997.]