Milton Freewater City Zoning Code
CHAPTER 9
CONDITIONAL USE
10-9-1: DESCRIPTION AND PURPOSE:
It is recognized that certain uses, while generally appropriate to an area or zone, require special consideration prior to their being permitted at any particular location. Development of any use listed as a conditional use, or the expansion or alteration of an existing use which is listed as a conditional use by this title is subject to issuance of a conditional use permit. The purpose of this review shall be to ensure that, if approved, the use will be reasonably compatible with surrounding uses permitted in the area. To this end, the planning commission may stipulate conditions of development as specified in this chapter.
There may be situations in which the conditions necessary to proper placement of a conditional use cannot be developed at a particular site. Nothing contained herein shall be construed to require the commission to grant a conditional use permit. (Ord. 667, 9-24-1984)
10-9-2: PROCEDURE:
A. A conditional use procedure shall be initiated by a property owner or his representative on forms provided by and filed with the planning department, and accompanied by the appropriate administrative fee.
B. All conditional use applications shall be heard by the planning commission according to level Ill procedures. Appeal of a decision on a conditional use application is provided in section 10-3-12 of this title. (Ord. 667, 9-24-1984)
10-9-3: TIME LIMIT ON CONDITIONAL USE:
A conditional use permit shall be void after one year unless terms of the permit have been substantially completed within that time. The planning commission may extend authorization for an additional period of six (6) months for reasons such as health, financial or administrative problems incurred by the applicant during the permit period. The commission must make a finding that the delay is justified by circumstances beyond the applicant's control, and that the six (6) month extension can reasonably be expected to remedy the circumstances. Conditional uses granted addressing business activities to be conducted in a zone where such is not an outright use are allowed as long as the grantee honors the conditions of the permit, as designated by this code, staff, and planning commission. Any such use shall be subject to annual review. Violation of any terms of the conditional use shall be grounds for revocation of the conditional use permit. (Ord. 764, 5-26-1992)
10-9-4: LIMIT ON REAPPLICATION:
No application for a conditional use shall be considered by the commission within one year of a denial of the same or similar request, unless in the opinion of the commission, new evidence or circumstances warrant reconsideration within that time. (Ord. 667, 9-24-1984)
10-9-5: CONDITIONS OF APPROVAL:
To ensure that a conditional use proposal meets the general and specific criteria which follow, the commission may impose any of the following conditions as part of a conditional use permit. Each condition imposed shall be accompanied by a finding which supports such a condition.
A. Limiting the manner in which the use is conducted, including restricting hours of operation, and restraints to minimize such environmental effects as noise, vibration, air pollution, glare or odor.
B. Establishing a special yard, other open space or lot area or dimension in excess of any specified minimum.
C. Limiting the height, size, or location of a building or other structure.
D. Designating the size, number, location, and nature of vehicle access points.
E. Increasing the required street dedication, roadway width or improvements within the street right of way on adjacent streets.
F. Designating the size, location, screening, drainage, surfacing or other improvement of a parking or loading area.
G. Requiring an overall drainage plan of the property and construction of drainageways, sumps, and other drainage structures.
H. Limiting or otherwise designating, the number, size, location, height, and lighting of signs.
I. Limiting the location and intensity of outdoor lighting and requiring its shielding.
J. Requiring diking, screening, landscaping, or other methods to protect adjacent or nearby property from noise, light, traffic or litter, and designating standards for installation and maintenance.
K. Designing the size, height, location, and materials for a fence.
L. Protecting and preserving existing trees, vegetation, or water resources. (Ord. 667, 9-24-1984)
10-9-6: GENERAL CRITERIA:
A conditional use permit may be granted after development of findings which show that the following general criteria, and any specific standards applicable to the proposed use, have been met. This section will apply unless excluded from consideration for specific uses in section 10-9-7 of this chapter.
A. The proposal has properly addressed traffic flow on the subject parcel, and interaction with public streets adjacent to the property as regards width and pavement type sufficient to carry the quantity and kind of traffic generated by the use.
B. The subject parcel is of sufficient size and shape to permit proper operation of the use including necessary landscaping to buffer parking, and any anticipated expansion.
C. The overall design and operation of the use such that it is reasonably compatible with the livability or appropriate development of adjacent property and the neighborhood as regards public safety, traffic, noise, hours of operation and health and safety. (Ord. 752, 2-11-1991)
10-9-7: SPECIFIC STANDARDS:
Conditional uses listed below must meet the standards which are specified for that use, as well as the general criteria prescribed in section 10-9-6 of this chapter.
A. Automotive Fuel Service Station:
1. Access points are well marked and designated through use of bumper rails or landscaping.
2. The use is to be contingent on approval of the final plans by the state fire marshal's office, and the city fire department. (Ord. 667, 9-24-1984)
B. Automobile Wrecking Or Junk Yard:
1. Access points shall be well marked and designated through use of bumper rails or landscaping as required by the planning commission; such devices to serve as traffic buffers at access points. (Ord. 764, 5-26-1992)
2. The site is entirely enclosed by a sight obscuring fence, with operable gates, high enough to block view into the premises from adjacent public rights of way, but in any case, no lower than six feet (6'). Failure to maintain the fence in good repair shall constitute a violation of the conditional use permit.
C. Boarding, Lodging, And Rooming House:
1. The residential character of the building shall be maintained.
2. Required off street parking is provided in a manner which does not detract from the residential nature of the property.
3. Suitable methods of fire escape are provided.
D. Church:
1. Sufficient area shall be provided for the building, required yards, and off street parking. Related structures and uses such as a manse, parochial school or community rooms are considered separate uses, and additional lot and parking areas shall be required for these areas.
2. Probable growth and need for future expansion of facilities shall be considered in size of site necessary for the use.
3. Bell towers, spires, or similar architectural treatments may exceed a specified building height limitation to a maximum of fifty feet (50') from ground level.
E. Commercial Amusement Facility Not Wholly Enclosed, Or Restaurant With Outdoor Service:
1. All required parking shall be paved.
2. Lighting shall be directed away from adjacent property.
3. The property shall be fenced on the sides and rear.
4. The premises shall be kept free of litter. Accumulation of litter on the premises or surrounding property shall be a violation of the conditional use permit. (Ord. 667, 9-24-1984)
F. Daycare Center, Childcare Facility, Private School Providing For Seven Or More Children:
1. Sight obscuring fence, or chainlink (or equivalent) of at least four feet (4') height surrounding play yards.
2. A sight obscuring fence may be required to ensure the privacy of adjoining neighbors.
3. Minimum of two hundred (200) square feet of outdoor play area per child for up to five (5) children, plus fifty (50) square feet for each additional child.
4. At least one off street parking space reserved for loading, and unloading of children, or as provided in section 10-6-4 of this title, if in excess of twenty five (25) students.
5. The physical facilities for the care of children, such as building construction, sanitation, plumbing, heating, lighting, ventilation, maintenance, indoor and outdoor activity areas and fire protection are approved by inspection of such by city provided inspector(s).
G. Manufactured Home Park: In addition to state statutes and administrative rules which may regulate manufactured home parks, parks shall comply with the following standards:
1. Location Of Development: Each manufactured home park or travel trailer park shall have direct access to a dedicated public street or street highway. Minimum frontage on a public street or highway shall be sixty feet (60').
2. Dimensional Standards:
a. Development: No manufactured home park or travel trailer park shall be created on a parcel of less than one and one-half (11/2) acres in area.
b. Spacing: Each manufactured home site shall be large enough to accommodate the manufactured home, and maintain a minimum of ten feet (10') side to side, and end to end between manufactured homes; five feet (5') between a manufactured home and a property line; and ten feet (10') between a manufactured home and awning, carport, cabana or ramada of an adjacent space.
c. Density: The gross density of each manufactured home park or subdivision shall not exceed eleven (11) manufactured homes per gross acre.
d. Minimum Space: Manufactured home, three thousand five hundred (3,500) area in square feet; travel trailer, one thousand two hundred (1,200).
3. Parking Space Requirements:
a. Two (2) parking spaces shall be provided for each manufactured home site, eight (8) on the site or within two hundred feet (200') thereof, inside the development, which shall be not less than nine (9) by twenty feet (20') in size and surfaced with at least four inches (4") of screened gravel or crushed rock, size one and one-half inch (11/2") to zero.
b. Guest parking shall also be provided in every manufactured home park based on a ratio of one parking space for each four (4) manufactured home sites. Such parking shall be surfaced with at least four inches (4") of screened gravel or crushed rock, size one and one-half inch (11/2") to zero and shall be clearly defined and identified.
4. Signs: One sign conforming to the underlying zone may be allowed to designate the name of the manufactured home park. The sign shall conform to all applicable standards listed in chapter 7 of this title.
5. Landscaping: Open areas and buffer strips between manufactured home lots and public streets shall be landscaped with lawn, trees, and shrubs.
6. Park Streets; Access: Private park streets shall connect each manufactured home site to a public street or highway.
7. Additional Standards:
a. Recreation Areas: Two hundred (200) square feet of recreational area shall be provided for each manufactured home site. This area may be in one or more locations in the park and shall be suitably improved and maintained for recreational purposes.
b. Accessory Structures: Structures located on a manufactured home site, in addition to the manufactured home, shall be limited to the normal accessories such as an awning, cabana, ramada, patio, carport, garage, or storage building. No other structural additions shall be built onto or become part of any manufactured home, and no manufactured home shall support any building in any manner.
c. Skirting And Certification: All manufactured homes in a park shall be skirted around their entire perimeter by a fire resistant siding and shall have an "Insignia of Compliance" seal from the department of commerce.
d. Recreation Vehicle Spaces: Not more than ten percent (10%) of a manufactured home park area may be used to accommodate persons wishing to park their recreational vehicles overnight. No recreational vehicle shall remain in a manufactured home park for more than thirty (30) days in any sixty (60) day period. (Ord. 764, 5-26-1992)
H. Signs, Flashing Or Moving:
1. Traffic Hazard:
a. The sign shall not glare or otherwise interfere with vision of drivers.
b. Movement shall not present or appear to present a barrier or hazard to traffic.
c. The sign does not bear the words "stop", "go", "slow", "caution", "danger", "warning", or similar words or in any other way cause confusion or doubt as to its being a traffic control device.
2. Lighting Standards:
a. The lights shall be constructed as an integral part of a sign, and are not merely attached thereto.
b. The flashing impulse shall not exceed twenty five (25) flashes per minute for single flashing segments of the sign, and two hundred fifty (250) flashes per minute for bulbs within chasing and scintillating actions. Only one of the above actions shall be permitted on any sign.
c. The brightness of bulbs within chasing or scintillating actions shall not exceed eleven (11) watts.
d. The brightness of any flashing light will not exceed twenty five (25) watts per bulb.
3. Additional Restrictions:
a. No flashing "billboards" will be allowed.
b. No flashing neon signs will be allowed.
c. No strobe lights will be allowed.
d. All revolving signs will be designed so as not to exceed a speed of five (5) revolutions per minute.
e. All other conditions of chapter 7 of this title shall be met. (Ord. 667, 9-24-1984)
I. Nonconforming Agricultural Uses: lt is the intent of this section to permit existing commercial agricultural uses to remain in any zone until they are removed or abandoned. Nonconforming commercial agricultural uses shall be considered abandoned if the land is allowed to lie fallow, not under cultivation for a period of greater than seven hundred thirty (730) consecutive days. Said use shall not be considered abandoned if weeds are annually controlled by mechanical or chemical means. It is the intent of this title to permit those existing nonconformities until they are removed or abandoned.
J. Temporary Agricultural Uses:
1. Commercial cultivation of annuals are allowed in any zone by conditional use permit through a level III procedure, if in the opinion of the planning commission, the production of the crop will have no substantial adverse impact on adjacent properties.
2. In addition, by level III procedure, the planning commission may grant a conditional use permit for commercial perennial agriculture in any zone except I-M, if in the opinion of the planning commission, there will be no substantial adverse impact on adjacent properties.
3. Perennial agriculture is not allowed in I-M zone. (Ord. 714, 8-24-1987)