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. 273 § 7.010, 1998)

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 planning commission may either approve or deny the application. A decision by the planning commission may be appealed to the city council as outlined in Section 17.64.050 of this title.

B.

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

1.

Development of the property as proposed in the application is generally compatible with existing development on abutting properties and in the surrounding neighborhood. It is also generally compatible with possible future development of the property in the surrounding neighborhood as indicated in the comprehensive plan. This criteria does not apply to manufactured home parks;

2.

The proposed development site has the physical characteristics needed to support the use considering factors such as steepness of slope and septic suitability;

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 planning commission may impose, in addition to those standards and requirements expressly specified by this title, additional conditions which the 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, size or location of a building or other structure;

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 of lighting of signs;

8.

Designating sites for open space or outdoor recreation areas;

9.

Limiting the manner in which the use is conducted including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor;

10.

Setting a time limit for which the conditional use is approved;

11.

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;

12.

Other conditions necessary to permit the development of the city in conformity with the intent and purpose of this title and the policies of the comprehensive plan;

13.

The standards for manufactured home parks expressly specified in Section 17.52.030(B) cannot be exceeded in taking action on a conditional use application.

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, the change in use or in lot area or the alteration or enlargement of the structure shall conform with the requirements for conditional use.

E.

The planning commission may require that the applicant for a conditional use furnish the city with a performance bond or similar contractual arrangement of up to the value of the cost of the improvement to be guaranteed by such bond, in order to assure that the conditional use is completed according to the plans as approved by a person designated by the city council.

F.

The planning commission may require that an applicant for a conditional use enter into a contractual agreement with the city to assure that the applicant will provide streets, curbs, gutters, sidewalks, and water, sewer, and drainage facilities that meet city standards.

(Ord. 273 § 7.020, 1998)

In addition to the standards of the zone in which the conditional use is located the other standards of this title, and the city public works design standards as adopted by the city council, conditional uses shall meet the following standards.

A.

Height. In any zone, a building which is classified as a conditional use may exceed the height restriction of the zone in which the property is located, provided the increase in building height does not interfere with or detract from nearby property and provided further that the building is set back from the property line an additional one foot for each two feet of building height.

B.

Standards for a Manufactured Home Park. Each application for a manufactured home park as a conditional use shall meet the following requirements.

1.

The application for a permit to construct a new manufactured home park or to expand an existing manufactured home park shall be accompanied by four copies of the plot plan of the proposed park. The plot plan shall be drawn to a scale the same as subdivision requirements. The drawing shall be placed on substantial tracing paper, and shall show the following information:

a.

Name of the person who prepared the plan;

b.

Name of the manufactured home park and address;

c.

Scale and north point of the plan;

d.

Boundaries and dimensions of the manufactured home space;

e.

Locations and dimensions of each manufactured home space;

f.

Location and dimensions of each existing or proposed building;

g.

Location and width of access ways and walkways;

h.

Location of each lighting fixture for lighting the manufactured home spaces and grounds;

i.

Location of recreation areas and buildings, the area of recreation space in square feet;

j.

Location of point where manufactured home park water and sewer system connects with the public system;

k.

Location of available fire and irrigation hydrants;

l.

Location of public telephone service for the park;

m.

Enlarged plot plan of a typical manufactured home space, showing location of the stand, patio, storage space, parking, sidewalk, utility connections, and landscaping;

n.

Location of all buried utility services;

o.

A workable drainage plan;

p.

Proof of arrangement to connect the manufactured homes to the city sewer system if the lot is served by the sewer, or to a state-approved septic tank system if the lot is not served by a sewer;

2.

Arrangement of Manufactured Home Park.

a.

Each manufactured home pad shall have two off-street parking spaces;

b.

Off-street guest parking shall be provided at the ratio of one parking space for each four manufactured home pads. Clubhouse and community building parking may account for up to fifty (50) percent of these requirements;

c.

Recreational vehicle parking will be supplied at the rate of one space (at least four hundred fifty (450) square feet in size) per ten (10) manufactured homes;

d.

Buffering and screening between the park and adjacent properties or roadways is required. Buffers and screens will consist of existing or planted vegetation, sight-obscuring fences, hedges or walls, earth berms, or similar techniques.

i.

The planning commission may require earth berms or walls where sound transmission or other environmental problems can be anticipated. Planted screens should be sufficient to obscure the proposed use within four years;

ii.

The planning commission may require additional buffering within the development to protect sensitive natural features, such as streams or to safeguard cliffs and areas of steep slope;

iii.

Buffering shall be no less than twenty-four (24) feet and screening shall be four to six feet high including the wall or earth berm;

iv.

The park developer will provide landscaping around each manufactured home and in public recreation areas. Screens and planted buffers will also be landscaped.

e.

No individual manufactured home shall have direct access onto a city street;

f.

Adequate fire protection shall be provided to the manufactured home park;

g.

Access to a public street. A manufactured home park shall not be established on any site that does not have access to any public street on which the potential paving width is less than thirty (30) feet;

h.

Service buildings. Service buildings housing sanitation facilities shall comply with all applicable city and state ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems;

i.

Structures. Structures located in any manufactured home space shall be limited to a storage building, ramada or carport. The storage buildings, ramada or carport may be combined as one structure. No structural additions shall be built onto or become a part of any manufactured home, except for rain flashing and no manufactured home shall support any building in any manner. The words "structural additions" shall not be construed to exclude the construction of an awning, patio cover or cabana adjacent to the manufactured home;

j.

Every manufactured home park shall have an office and a sign designating the same;

k.

All manufactured home parks shall include a minimum of thirty (30) percent of the site for common, functional open space. The following areas shall not be considered as open space:

i.

Surfaced widths or park roads;

ii.

Recreational vehicle, guest and unit parking areas;

iii.

Common open space may include community recreational areas and facilities such as playgrounds, swimming pools and club houses, provided that no more than fifty (50) percent of the required buffer strips are included in the community open space totals;

3.

Minimum area requirements for manufactured home parks or the expansion of current manufactured home parks:

a.

The total space occupied by all manufactured homes and structures (within the manufactured home park) shall not exceed forty (40) percent. Total paved surface shall not exceed eighty (80) percent;

b.

Occupied manufactured homes shall be parked only on stands provided and shall be set back a minimum of five feet from the edge of all access ways;

c.

Each manufactured home space shall be provided with a patio or a raised deck having a minimum area of one hundred twenty (120) square feet. The patio or raised deck shall have a minimum length of ten (10) feet;

d.

One permanent storage building containing a minimum of twenty-four (24) square feet of floor space area shall be provided for each manufactured home space. The building height shall not be less than seven feet nor more than nine feet;

e.

Minimum space requirements between manufactured homes:

i.

Ten (10) feet end to end, fifteen (15) feet side to side, and ten (10) feet from any building (including carports, cabanas, ramadas, and storage buildings);

ii.

No unit shall be closer than five feet to any buffer or screening;

f.

The minimum size of a manufactured home park shall be one acre;

g.

The minimum area per manufactured dwelling in a manufactured home park shall be eight thousand (8,000) square feet for the first two manufactured homes plus three thousand (3,000) square feet for each additional manufactured home;

4.

Improvement requirements for a new manufactured home park or the expansion of an existing park are as follows:

a.

Manufactured homes will be situated on a concrete slab, constructed in conformance with state requirements, that exceeds the outside dimensions of the manufactured home by twelve (12) inches;

b.

Access ways and sidewalks shall be hard-surfaced with asphalt or concrete;

c.

All access ways and walkways within the park shall be lighted at night. Lighting shall be hooded to focus lights onto access ways and walkways;

d.

Public telephone services shall be made available for the manufactured home park residents;

e.

All drainage plans will show:

i.

Existing drainage ways and how the development will use or affect them;

ii.

Location of all proposed storm drain openings, catch basins, and/or dry wells;

iii.

Size and location of all storm drains;

iv.

Location of all outflows;

v.

Existing manufactured home parks may be expanded or altered after an expansion or alteration permit is issued by the planning commission. The application, filed by the owner or other real partner in interest, will be filed and processed in the same manner as an application for a new manufactured home park;

vi.

The manufactured home park owner is responsible to maintain the park and all landscaping in a clean and neat manner and to minimize all health and safety hazards;

vii.

All manufactured home parks will conform with state, county, and all city laws, regulations and statutes. In a case of differing standards, the more restrictive shall apply.

C.

Standards for Nursery Schools, Pre-schools, Kindergartens or Similar Facilities.

1.

Pre-schools, nursery schools, and kindergartens shall provide and maintain at least one hundred (100) square feet of outdoor play area per child. A sight obscuring fence of four to six feet shall separate the play area from the abutting lots;

2.

A structure other than a private residence shall be used if more than fifteen (15) children are to be enrolled or cared for at the facility;

3.

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

D.

Standards for Parking Lots in a Residential Zone Intended to Serve Uses in a Commercial Zone.

1.

The parking lot shall be consistent with the standards in Section 17.44.060 of this title;

2.

The parking lot shall have an asphalt, concrete, or other all weather dust free surfacing;

3.

Screening shall be provided on each side of the parking lot which abuts a residential use in a residential zone. The screening shall consist of a continuous fence or wall a minimum of three feet in height, supplemented with landscape planting, so as to effectively screen the parking lot from the residential zone.

E.

Standards for a Wireless Telecommunications Tower (WCF).

1.

Application Requirements. In addition to all standard required application materials, an applicant for a new WCF shall submit the following information:

a.

A visual study containing, at a minimum, a vicinity map depicting where, within a half-mile radius, any portion of the proposed tower could be visible, and a graphic simulation showing the appearance of the proposed tower and accessory structures from two separate points within the impacted vicinity, accompanied by an assessment of potential mitigation measures. Such points are to be mutually agreed upon by the applicant and the zoning official.

b.

Documentation of the actions that will be taken to minimize the visual impact of the proposed facility.

c.

A landscape plan, drawn to scale, that is consistent with the need for screening at the site. Existing vegetation that is to be removed must be clearly indicated and provisions for mitigation included where appropriate.

d.

A feasibility study for the collocation of telecommunication facilities as an alternative to new structures. The feasibility study shall include:

i.

An inventory, including the location, ownership, height and design of existing WCFs within one mile of the proposed location of a new WCF.

ii.

Documentation of the efforts that have been made to collocate on existing or previously approved towers. Each applicant shall make a good faith effort to contact the owner(s) of all existing or approved towers and shall provide a list of all owners contacted in the area.

iii.

Documentation as to why collocation on existing or proposed towers or location on an existing tall structure within one mile of the proposed site is not practical or feasible. Collocation shall not be precluded simply because a reasonable fee for shared use is charged or because of reasonable costs necessary to adapt the existing and proposed uses to a shared tower. The city may consider expert testimony to determine whether the fee and costs are reasonable. Collocation costs exceeding new tower development are presumed to be unreasonable.

e.

A report containing the following information:

i.

A description of the proposed tower height and design, including technical, engineering, and other pertinent factors governing selection of the proposed design. A cross section of the proposed tower structure shall be included. If the proposed tower is intended to accommodate future collocation, the applicant shall document that the design is sufficient for the purpose. If the proposed tower is not intended to allow for future collocation, the applicant shall provide an explanation of why it is not so intended.

ii.

The total anticipated capacity of the tower in terms of the number and types of antennae which can be accommodated. The applicant shall also describe any limitations on the ability of the tower to accommodate collocation. The applicant shall describe the technical options available to overcome those limitations and reasons why the technical options considered were not used.

iii.

Documentation that the proposed tower will have sufficient structural integrity for the proposed uses at the proposed location, in conformance with the minimum safety requirements of the state Structural Specialty Code, latest adopted edition at the time of the application.

iv.

A description of mitigation methods which will be employed to avoid ice hazards, including increased setbacks, and/or de-icing equipment.

v.

Documentation demonstrating compliance with non-ionizing electromagnetic radiation emissions standards as set forth by the Federal Communications Commission.

vi.

Evidence that the proposed tower will comply with the applicable requirements of Federal Aviation Administration, the Aeronautics Section of the Oregon Department of Transportation, and the Federal Communications Commission.

f.

A description of anticipated maintenance needs, including frequency of service, personnel needs, equipment needs and potential safety impacts of such maintenance.

g.

The planning commission may request any other information deemed necessary to fully evaluate and review the application and potential impact of a proposed WCF.

2.

Collocation. In order to encourage shared use of towers, all new WCFs shall comply with the following collection standards:

a.

To encourage shared use of towers, no conditional use permit shall be required for the addition of antennae to an existing tower, nor shall a conditional use permit be required for accompanying accessory uses.

b.

All collocation facilities shall meet all requirements of the state of Oregon Structural Specialty Code, latest adopted edition. A building permit shall be required for such additions. Documentation from a licensed professional engineer may be required by the planning commission or building official in order to verify that changes or additions to the tower structure will not adversely affect the structural integrity of the tower.

c.

All collocated facilities shall be designed in such a way as to be visually compatible with the tower structures on which they are placed.

3.

Development Standards. All new WCFs shall comply with the following standards:

a.

Visual Impact.

i.

Tower Height. Freestanding WCFs shall be exempted from the height limitations of the zone in which they are located, but shall comply with setback requirements in subsection A of this section. The height and mass of the transmission tower shall be the minimum which is necessary for its intended use, as demonstrated in a report prepared by a licensed professional engineer. A WCF which is attached to an alternative tower structure may not exceed the height of the alternative tower structure, unless findings are made by the planning commission that such an increase will have a deminis impact on the appearance of the structure.

ii.

Paint and Finish.

(A)

Towers, antennae and associated equipment shall use, and continuously maintain, a galvanized steel finish or be painted a nonreflective, neutral color, as approved by the planning commission. Attached communications facilities shall be painted so as to be identical to or compatible with the existing structure.

(B)

All ancillary facilities shall be colored and surfaced so as to blend into the surrounding natural and built environment.

iii.

Storage. Unenclosed storage of materials is prohibited.

b.

Site Size and Location.

i.

The site on which a transmission tower is located shall be of a sufficient shape and size to provide adequate setbacks as specified below. Towers may be located on sites containing other principal uses in the same buildable area as long as all of the other general requirements of subsection D of this section are met.

ii.

Wherever possible, tower sites shall be large enough and structurally sufficient to allow for additional collocated and ancillary facilities, unless a finding is made by the planning commission that the tower will not accommodate future collocation. This standard shall not apply to antennae attached to existing structures.

c.

Separation and Setbacks.

i.

Freestanding WCFs shall be set back from any other property line as required under subsection A of this section. The planning commission may require a larger setback for purposes of mitigating visual impacts or improving compatibility with other uses on the property, but the setback may not be greater than the tower height.

ii.

Freestanding WCFs shall be located on sites containing other principal uses must maintain a minimum distance between the tower and other principal uses by at least twenty-five (25) feet, unless this requirement is specifically waived by the planning commission.

iii.

A guyed wire tower located on sites containing other principal uses must maintain a minimum distance between the tower and other principal uses of the greater of one hundred (100) percent breakpoint or twenty-five (25) feet, unless this requirement is specifically waived by the planning commission.

iv.

Towers and antennas mounted on rooftops or alternative tower structures shall be exempted from these minimum separation requirements. However, WCFs and related equipment may be required to be set back from the edge of the roof line in order to minimize their visual impact on surrounding properties.

d.

Lighting. No lighting shall be permitted on transmission towers except (1) lighting that required by the Oregon State Aeronautics Division or the Federal Aviation Administration, (2) security lighting for the site placed not higher than thirty (30) feet above ground level, and/or, (3) if the tower is located adjacent to an athletic field, field lighting for the athletic field.

e.

Signs. All signs are prohibited on WCFs, except for one non-illuminated sign, not to exceed twelve (12) square feet, which shall be provided at the main entrance to the facility stating the owner's name and address, including a contact name and phone number for emergency purposes.

f.

Security. WCFs shall be enclosed by decay resistant security fencing not less than six feet in height and shall be equipped with an appropriate anti-climbing device. Fencing shall be compatible with other nearby fencing. Such requirements may be waived for attached WCFs.

g.

Landscaping. Landscaping shall be placed around the outside perimeter of the security fencing and shall consist of vegetation that can reach a minimum height of six feet and will form a continuous hedge. Trees and shrubs in the vicinity of guy wires shall be of a kind that will not exceed twenty (20) feet in height and will not affect the stability of the guy wires. Landscaping shall be compatible with other nearby landscaping.

4.

Deed Covenants. If a new tower is approved, the owner shall be required, as a condition of approval, to:

a.

Record the conditions of approval specified by the city in the deed records office in the county clerks office of the county in which the tower site is located. Such conditions shall run with the land and be binding on subsequent purchasers of the tower site;

b.

Respond in a timely, comprehensive manner to a request for information from a potential shared use applicant; and

c.

Negotiate in good faith for shared use by third parties.

5.

Abandoned Facilities.

a.

In the event that an owner discontinues use of a transmission facility for more than six consecutive months, the city may declare the facility abandoned and require the property owner to remove it. An abandoned facility may be declared a nuisance subject to abatement procedures in Mill City Code Chapter 8. Delay by the city in taking action shall not in any way waive the city's right to take action. Upon written application prior to the expiration of the six-month period, the planning commission may grant a six-month extension for reuse of the facility. Additional extensions beyond the first six-month extension may be granted by the planning commission subject to any conditions required to bring the project into compliance with current law(s) and make compatible with surrounding developments.

b.

The applicant for a new WCF shall provide an affidavit, signed by the property owner, indicating that the owner has read, and understands subsection (E)(4)(a) of this section.

F.

Medical Marijuana and Recreational Marijuana Facilities.

1.

Application Requirements. In addition to all standard required application materials and application fees, an applicant for a medical marijuana producer, processor, medical marijuana dispensary, recreational marijuana producer, processor and recreational marijuana wholesale or retail outlet shall submit the following information:

a.

A narrative description of the type, nature and extent of the business.

b.

Proposed days and hours of operation.

c.

Certification that the facility has met applicable requirements of the city's zoning code, including sign code requirements.

d.

Evidence the applicant has applied for appropriate licenses and/or registration with the Oregon Liquor Control Commission and Oregon Health Authority.

2.

Definitions.

a.

Marijuana. Marijuana means all parts of the plant cannabis family Moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. As used in this chapter, "marijuana" or "medical marijuana" also refers to marijuana dried, produced, processed, kept, stored, delivered, transferred, dispensed or otherwise provided for the exclusive benefit of and use by a person to mitigate the symptoms or effects of a person's debilitating medical condition as defined in ORS 475.302.

b.

Marijuana Processing Site. Marijuana processing site means an entity registered with the Oregon Health Authority to process marijuana.

c.

Marijuana Processor. Marijuana processor means an entity licensed by the Oregon Liquor Control Commission to process marijuana.

d.

Marijuana Producer. Marijuana producer means an entity licensed by the Oregon Liquor Control Commission to manufacture, plant, cultivate, grow or harvest marijuana.

e.

Marijuana Retailer. Marijuana retailer means an entity licensed by the Oregon Liquor Control Commission to sell marijuana items to a consumer in this state.

f.

Marijuana Wholesaler. Marijuana wholesaler means an entity licensed by the Oregon Liquor Control Commission to purchase items in this state for resale to a person other than a consumer.

g.

Medical Marijuana Dispensary. Medical marijuana dispensary or medical marijuana facility means a facility that is registered with the Oregon Health Authority and that sells, distributes, transmits, gives, dispenses or otherwise provides medical marijuana to a person with a registry identification card. A facility includes all premises, buildings, curtilage or other structures used to accomplish the storage, distribution and dissemination of marijuana.

3.

Time, Place and Manner Requirements.

a.

Location:

i.

May not be located closer than one thousand (1,000) feet from a medical marijuana dispensary or marijuana wholesale or retail sales outlet.

ii.

May not be located closer than one thousand (1,000) feet from a public elementary or secondary school or a private or parochial elementary or secondary school.

iii.

May not be located closer than one thousand (1,000) feet from Kimmel Park, five hundred (500) feet from Hammond Park or five hundred (500) feet from Mill City Falls Park.

iv.

May not be located closer than five hundred (500) feet from the Oregon Connections Academy school property at 833 NW Santiam Boulevard.

iv.

Distance measured from the exterior property boundary of the school or park property to the exterior boundary of the property on which the business is located.

b.

Operating Hours. The business may be open to the public between the hours of 9:00 a.m. to 7:00 p.m.

c.

Business License. Obtain a business license from the city and comply with local regulatory, business operating and tax requirements.

d.

Odors. The facility must use an air filtration and ventilation system, which to the greatest extent feasible, confines all objectionable odors associated with the facility to the premises. For the purposes of this provision, the standard for judging "objectionable odors" shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected.

e.

Lighting. Facilities must provide and maintain adequate outdoor lighting over each exterior exit and in the parking lot serving the facility.

d.

State Registration and Licensing. Obtain and continuously maintain any required license from the Oregon Liquor Control Commission (OLCC) and comply with Oregon Health Authority (OHA) registration requirements.

e.

Comply with zoning, building, fire code and state licensing requirements.

G.

Standards for Bed and Breakfast Facility. Bed and breakfast facilities shall:

1.

Be owner occupied when located in a residential zone.

2.

Be limited to a maximum of four guest bedrooms.

3.

Except for driveway spaces, not contain guest parking facilities in the front setback area or within ten (10) feet of any interior residential lot line.

4.

Provide at least one off-street parking space for each rental room, except in the R-2 zone, where on-street parking along the frontage of the property line(s) may count toward the parking requirements. To count towards this standard, each on-street space must be at least twenty-five (25) feet long.

5.

Provide weekly solid waste disposal service while the dwelling is occupied for bed and breakfast use;

a.

Owner shall provide for regular garbage removal from the premises; and

b.

Trash receptacles shall be stored or screened out of plain view of the street.

6.

Comply with bed and breakfast regulatory requirements as provided in ORS 624 and OAR 333.

7.

Emergency Information. The property owner shall provide information within the dwelling unit to inform and assist renters in the event of a natural disaster, power outage or another emergency. Required information includes, but is not limited to phone numbers and addresses for the City of Mill City, emergency responders and utility providers.

8.

The city, upon receipt of a citizen complaint, will review a conditional use permit approved for a bed and breakfast facility. The planning commission may withdraw the permit, at any time if it is determined that the conditions of the permit have been violated after reviewing written complaints and the staff report. The operator of a facility will be notified by the city in writing prior to the planning commission determination to allow the operator to appear and show cause why the conditional use permit should not be withdrawn.

(Ord. 326 § 2, 2004; Ord. 283 § 7, 2001: Ord. 280 § 3, 2000: Ord. 273 § 7.030, 1998)

(Ord. No. 369, § 7, 8-13-2013; Ord. No. 384, § 4, 12-22-2015; Ord. No. 392, § 16, 2-14-2017)

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 recorder, using forms prescribed pursuant to Section 17.64.060 of this title. A filing fee in accordance with the provisions of Section 17.64.070 of this title shall accompany an application for a conditional use.

B.

Before the planning commission may act on a conditional use application, it shall hold a public hearing thereon in accordance with the provisions of Section 17.64.080 of this title.

C.

The city shall provide the applicant with written notice of the decision of the planning commission as outlined in Section 17.64.030 of this title.

D.

Appeals. The decision of the planning commission may be appealed to the city council as outlined in Section 17.64.050 of this title.

(Ord. 273 § 7.040, 1998)

(Ord. No. 358, § 6, 7-13-2010; Ord. No. 369, § 8, 8-13-2013)

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 planning commission. Any proposed change in the approved plan shall be submitted to the 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 Section 17.64.050 of this title has passed.

(Ord. 273 § 7.050, 1998)

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 planning commission may extend authorization for an additional period not to exceed one year.

(Ord. 273 § 7.060, 1998)

A conditional use may be revoked or modified by the 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. 273 § 7.070, 1998)

No request for a conditional use shall be considered by the planning commission within the one-year period immediately following a denial of such request, except the planning commission may consent to a new hearing, if in the opinion of the planning commission, new evidence of a change of circumstances warrants it.

(Ord. 273 § 7.080, 1998)