A conditional use listed in this title may be permitted, enlarged or altered upon authorization of the planning commission in accordance with the standards and procedures of this title. A conditional use permit listed in this section may be permitted, enlarged or altered upon authorization of the planning commission or city commission in accordance with the standards and procedures of this section. Any expansion to, alteration of, or accessory use to a conditional use shall require planning commission or city commission approval of a modification to the original conditional use permit unless authorized in this chapter.

A.

Conditional uses, because of their public convenience and necessity and their effect upon the neighborhood shall be permitted only upon the approval of the planning commission or city commission after due notice and public hearing, according to procedure as provided in OCMC 17.50. The applicant shall provide evidence substantiating that all the requirements of this title relative to the proposed use are satisfied, and demonstrate that the proposed use also satisfies the following criteria:

1.

The use is listed as a conditional use in the underlying district;

2.

The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, existence of improvements and natural features;

3.

Development shall demonstrate compliance with OCMC 16.12;

4.

The proposed use will not alter the character of the surrounding area in a manner which substantially limits, impairs or precludes the use of surrounding properties for the primary uses listed in the underlying district;

5.

The proposal satisfies the goals and policies of the city comprehensive plan which apply to the proposed use.

B.

Permits for conditional uses shall stipulate restrictions or conditions which may include, but are not limited to, a definite time limit to meet such conditions, provisions for a front, side or rear yard greater than the minimum dimensional standards of the zoning ordinance, suitable landscaping, off-street parking, and any other reasonable restriction, condition or safeguard that would uphold the spirit and intent of the zoning ordinance, and mitigate adverse effect upon the neighborhood properties by reason of the use, extension, construction or alteration allowed as set forth in the findings of the planning commission.

C.

Any conditional use shall meet the dimensional standards of the zone in which it is to be located pursuant to subsection B of this section unless otherwise indicated, as well as the minimum conditions listed below.

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, any change of use expansion of lot area or expansion of structure shall conform with the requirements for conditional use.

E.

The planning commission may specifically permit, upon approval of a conditional use, further expansion to a specified maximum designated by the planning commission without the need to return for additional review.

(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 13-1003, § 1(Exh. 1), 7-17-2013; Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 19-1008(Exh. A), 12-18-2019)

A.

A property owner or authorized agent shall initiate a request for a conditional use by filing an application with the city recorder. The applicant shall submit a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development. The application shall be accompanied by the filing fee listed in OCMC 17.50.080 to defray the costs of publication, investigation and processing.

B.

Before the planning commission or city commission may act on a conditional use application, it shall hold a public hearing thereon, following procedure as established in OCMC 17.50.

(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 19-1008(Exh. A), 12-18-2019)

Minor modifications to an approved conditional use permit may be permitted. If permitted, the modification shall be reviewed as a minor site plan and design review. A minor modification to an approved conditional use permit is considered one of the following:

A.

Modification to a structure for the purpose of enhancing the aesthetics of the building and there is no increase in the interior usable space;

B.

Except for shelters, a maximum addition of up to one thousand square feet to a commercial, office, institutional, public, multi-family, or industrial building provided that the addition is not more than thirty-five percent of the original building square footage; or

C.

Revisions to parking alignment and/or related vehicle circulation patterns.

(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 19-1008(Exh. A), 12-18-2019)

In addition to the standards listed herein in OCMC 17.56.010, which are to be considered in the approval of all conditional uses and the standards of the zone in which the conditional use is located, the following additional standards shall be applicable:

A.

Building Openings. The city may limit or prohibit building openings within fifty feet of residential property in a residential zone if the openings will cause glare, excessive noise or excessive traffic which would adversely affect adjacent residential property as set forth in the findings of the planning commission.

B.

Additional Street Right-of-Way. The dedication of additional right-of-way may be required where the city plan indicates need for increased width and where the street is inadequate for its use; or where the nature of the proposed development warrants increased street width.

C.

Public Utility or Communication Facility. Such facilities as a utility substation, water storage tank, radio or television transmitter, tower, tank, power transformer, pumping station and similar structures shall be located, designed and installed with suitable regard for aesthetic values. The base of these facilities shall not be located closer to the property line than a distance equal to the height of the structure. Hydroelectric generation facilities shall not exceed ninety megawatts of generation capacity.

D.

Schools. The site shall be located to best serve the intended area, shall be in conformance with the city plan, shall have adequate access, and shall be in accordance with appropriate state standards.

E.

Helipad Landing Facility.

1.

Size of runways and landing areas;

2.

Approaches and obstructions within the runways and landing areas;

3.

Fencing and/or screening to provide visual and noise buffering and to deflect winds or blast due to aircraft operation;

4.

Fire protection measures and equipment;

5.

Night illumination adequate for operations, and its effects upon surrounding property;

6.

Landing markers;

7.

Structural adequacy of runways, pads and other structures;

8.

Paving and ground cover materials in relation to noise and down wash.

F.

Residential Care Facilities.

1.

In addition to the general provisions of OCMC 17.56.020, any application shall include a description of the proposed use, including the number of residents and the nature of the condition or circumstances for which care, or a planned treatment or training program will be provided, the number of staff and the estimated length of stay per resident and the name of the agency responsible for regulating or sponsoring the use.

2.

Approval of a conditional use application for a residential care facility shall include the following minimum standards where applicable:

a.

The proposed facility shall maintain all applicable licenses required by the appropriate agencies for the use described in the application.

b.

All residential care facilities shall be subject to design review. Special considerations for this use are:

i.

Compatibility in appearance with the surrounding area;

ii.

Provisions of usable on-site open space appropriate to the needs of the residents and the nature of the care, treatment or training provided;

iii.

Clearly defined property boundaries.

G.

Bed and Breakfast Inns.

1.

The bed and breakfast inn shall maintain all applicable licenses required by governmental agencies for the use described in the application.

2.

All bed and breakfast inns shall be subject to design review. Special considerations for this use are:

a.

Compatibility of the structure in appearance with the surrounding area;

b.

Compatibility of the parking facilities in appearance and circulation of traffic with the surrounding area. Parking facilities shall also comply with Chapter 17.52;

c.

Compatibility of the signage in appearance with the surrounding area. Signage shall also comply with Chapter 15.28;

d.

The number of rooms to be used as overnight public accommodations shall not exceed four rooms in an underlying residential zone, or seven rooms in an underlying nonresidential zone;

e.

The owner/operators shall reside in the bed and breakfast inn, or in a residence adjacent to the bed and breakfast inn; and

f.

The planning commission may allow up to an additional six non-guests to be served along with the guests at a meal.

H.

Shelters.

1.

Shelters shall be processed as a Type IV review.

2.

The shelter shall maintain a written community engagement plan include the following information:

a.

Description of purpose and scope of services of the shelter;

b.

Population to be housed at the shelter and the process and criteria for the selection of guests;

c.

Bed capacity for nightly guests;

d.

Hours of operations and curfew, if applicable;

e.

Twenty-four-hour contact information; and

f.

Explanation of how the shelter will address concerns/complaints.

3.

Shelters shall hold a meeting with the community prior to commencing operation, and a minimum of once a year each year thereafter. The purpose of the meeting is to discuss the community engagement plan and provide an opportunity for greater communication. Mailed notice of the meeting shall be provided to property owners within three hundred feet, the neighborhood association, and the city. The meeting shall be open to the public.

(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 19-1008(Exh. A), 12-18-2019)

The planning commission or the city commission may initiate administrative action under Chapter 17.50 to revoke any conditional use permit previously issued by the city or, with regard to lands annexed by the city, those such permits issued by the county. The planning commission or the city commission, may revoke such permit upon determining:

A.

One or more conditions attached to the grant of the conditional use permit have not been fulfilled; and

B.

The unfulfilled condition is substantially related to the issuance of the conditional use permit.

(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 19-1008(Exh. A), 12-18-2019)

A.

The city commission may provide for the periodic review of some or all of the conditional use permits previously issued by the city, or, with regard to lands annexed by the city, those such permits issued by the county. In providing for such review, the city commission may designate classes of such previously issued permits for which periodic review shall be undertaken.

B.

Such review shall be accomplished as an administrative action under Chapter 17.50 and shall be limited to the question of whether additional conditions should be imposed on a conditional use in the light of changing circumstances and more efficient implementation of the city's comprehensive plan.

C.

Notwithstanding the provisions of Chapter 17.58, any additional conditions shall be met as a requirement for continued operation of the conditional use.

(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 19-1008(Exh. A), 12-18-2019)