Myrtle Creek, OR Zoning Ordinance

§ 18.170.010 Conditional use.

Uses designated as conditional are (1) those classified as a conditional use within the district regulations, and (2) signs not otherwise permitted by the supplemental regulations. A conditional use shall be permitted, altered, enlarged or denied in accordance with the standards and procedures of this chapter.

(1)

Existing Structures. In the case of an existing development where an alteration of use is classified as a conditional use: The change in use shall conform to the requirements for a conditional use although it is not an actual structural change or new construction.

(2)

Existing Uses. In the case of a use existing prior to the effective date of the ordinance codified in this title which is designated as a conditional use: An expansion of use or an alteration that affects significant elements of the site plan shall conform with the requirements for a conditional use.

(Ord. 508 § 7.01.0, 1982)

§ 18.170.020 Authorization to grant a conditional use permit.

The administrator shall conduct a site review when new construction is proposed or when significant elements of the site plan are affected.

(1)

Findings Required. In judging whether or not a conditional use proposal shall be approved, altered or denied, the administrator shall weigh the proposal's appropriateness and desirability or the public convenience or necessity to be served against any adverse conditions that would result from authorizing the particular development at the location proposed and shall establish findings based on the criteria set forth in MCMC §§ 18.170.030 or 18.170.040, as applicable.

(2)

Supplemental Conditions. As a condition of approval, the administrator or the planning commission may impose any of the supplemental conditions set forth in MCMC § 18.150.030 which it finds necessary to carry out the purpose of this title and to otherwise achieve the objectives of the comprehensive plan and other applicable policies of the city.

(Ord. 508 § 7.01.1, 1982)

§ 18.170.030 Criteria for conditional use permit approval.

Except as provided for housing types specified in MCMC § 18.170.040, a conditional use permit may be granted only when the following criteria are met, can be met by observance of conditions or are not applicable. The approval or denial shall be accompanied by a statement that explains the criteria and standards considered relevant to the decision, states the facts relied upon in rendering the decision and explains the justification for the decision based on the applicable criteria, standards and facts.

(1)

The proposal will be consistent with the comprehensive plan and the objectives of this title and other applicable policies of the city.

(2)

The location, size, design and operating characteristics under the proposal will not alter the character of the surrounding area in a manner that substantially limits, impairs, or precludes the use, abutting properties, and the surrounding area when compared to the impact of development that is permitted outright.

(3)

The location and design of the site and structures for the use will be suited to the nature of the use and its setting.

(4)

The proposal will preserve environmental assets of particular interest to the community.

(5)

The property and proposed use in question are reasonably suited in regards to location, topography and other physical features, safe and efficient access, adequate area to provide for off-street parking and loading, and available improvements.

(Ord. 508 § 7.01.2, 1982)

§ 18.170.040 Criteria for conditional use permit approval (specified uses).

The following criteria shall be taken into consideration when evaluating a conditional use permit for development of a mobile home park or planned development. A conditional use permit may be granted only when the criteria are met, can be met by observance of conditions, or are not applicable. The approval or denial shall be accompanied by a statement that explains the criteria and standards considered relevant to the decision, states the facts relied upon in rendering the decision and explains the justification for the decision based on the applicable criteria, standards and facts.

(1)

Mobile Home Park. The location, size, design and operating characteristics shall be suitable for the proper development of a mobile home park and shall have the endorsement of the city engineer, public works director, police chief, city fire marshal and/or other appropriate department or agency having an interest in the public welfare. The following criteria shall be considered in evaluating the suitability of the site:

(a)

The relationship of the proposed park to existing and proposed street networks so that traffic generated by the development can be accommodated safely and without congestion;

(b)

The relationship of the proposed park to public facilities such as, but not limited to, existing or proposed shopping centers and schools;

(c)

The general impact on the immediate vicinity (including the effect of the proposed park on adjoining uses and the effect of the adjoining uses on the park) and, in the case of a departure in character from surrounding uses, that the design of the park will adequately reduce the impact of the development;

(d)

The conditions of soil, ground water level, drainage and topography are suitable. In order to prevent the adverse impacts of slope alteration (cut and fill), mobile homes shall be prohibited on slopes greater than 12 percent unless satisfactory evidence is submitted that the area protection provisions of the R-H district regulations and the standards of Chapter 18.160 MCMC can be met;

(e)

A proposed site which is within the designated flood hazard area shall comply with all area protection provisions ensuring that the site will provide a floor elevation that is not less than one foot above the 100-year flood elevation. Mobile homes shall be prohibited in the floodway;

(f)

The proposal will be consistent with the comprehensive plan and the objectives of this title and there is a demonstrated intent and capability to meet the general conditions and limitations and park design standards contained in Chapter 18.120 MCMC; and

(g)

In all cases, a condition shall be attached to approval of a conditional use permit for mobile home park purposes which stipulates that the approval of the permit is contingent upon the planning commission's final acceptance of the site plan in accordance with the approval criteria for a mobile home park set forth in Chapter 18.120 MCMC. The time limit on authorization of the conditional use permit shall commence upon such final approval of the site plan.

(2)

Planned Development. The location, size, design and operating characteristics shall be suitable for the proper development of a planned development and shall have the endorsement of the city engineer, public works director, police chief, city fire marshal and/or other appropriate department or agency having an interest in the public welfare. The following criteria shall be considered in evaluating the suitability of the site:

(a)

The location, design, size and uses are consistent with the comprehensive plan and with any other applicable plan, development map, or ordinance adopted by the city council;

(b)

That the location, design and size are such that the development can be well integrated with its surroundings and, in the case of a departure in character from surrounding uses, that the design of the planned development will adequately reduce the impact of the development;

(c)

That the location, design, size and uses are such that traffic generated by the development can be accommodated safely and without congestion on existing or planned arterial or collector streets and will, in the case of commercial or industrial developments, avoid traversing local streets;

(d)

That the location, design, size and uses are such that the residents or establishments to be accommodated will be adequately served by existing or planned facilities and services;

(e)

That the location, design, size and uses will result in an attractive, healthful, efficient and stable environment for living, shopping or working;

(f)

That there is a demonstrated intent and capability to meet the objective of a planned development described in MCMC § 18.130.020 consistent with the general requirements and design standards contained in Chapter 18.130 MCMC; and

(g)

In all cases, a condition shall be attached to approval of a conditional use permit for planned development purposes which stipulates that the approval of the permit is contingent upon the planning commission's final acceptance of the site plan in accordance with the approval criteria for a planned development set forth in Chapter 18.130 MCMC. The time limit on authorization of the conditional use permit shall commence upon such final approval of the site plan.

(Ord. 508 § 7.01.3, 1982)

§ 18.170.050 Application procedure and service charge.

A request for a conditional use permit or modification of an existing conditional use may be initiated by a property owner or his authorized agent by filing an application with the planning department. The application shall include the information set forth in MCMC § 18.185.140 and any drawings or materials essential to the understanding of the proposed use and its relationship to the surrounding properties. The application shall be accompanied by a service charge established by the city of Myrtle Creek handbook of fees and charges.

(Ord. 508 § 7.01.4, 1982)

§ 18.170.060 Time limit on permit.

Authorization of a conditional use permit shall be void after one year unless the use requested has commenced operation or unless substantial construction pursuant thereto has taken place. The city administrator or the city administrator's designee may extend authorization for an additional one year, provided a written request from the applicant is submitted prior to the expiration date.

(Ord. 508 § 7.01.5, 1982)