The purpose of the LUO District is to reduce the list of permitted uses in a district to those that are suitable for a particular location. Zoning districts permit a number of uses which may be considered compatible in terms of the type and intensity of activity with uses on adjacent properties. However, on a particular property certain permitted uses may conflict with uses on adjacent properties. Rather than deny appropriate permitted uses because the proposed district would permit an objectionable use, the LUO District can be used to identify the appropriate uses and require a conditional use permit for other uses normally permitted in the district. It is the intent that the maximum number of acceptable uses be permitted so the use of the property is not unnecessarily limited.

(Ord. No. 2011-06, § 2, 12-19-2011)

A.

Requirements. When the LUO District is applied, the uses permitted in the underlying district shall be limited to those permitted uses specifically referenced in the ordinance or resolution adopting the LUO District. Until the LUO District has been removed or amended, the only permitted uses in the district shall be those specifically referenced in the adopting ordinance or resolution. Uses that would otherwise be permitted may only be allowed if a conditional use permit is approved.

B.

Procedures. The LUO District shall be applied at the time the underlying district is changed. The hearing notice of a rezoning application that may apply the LUO District shall state the LUO District may be applied.

(Ord. No. 2011-06, § 2, 12-19-2011)

The ordinance or resolution adopting the LUO District shall include findings showing that:

A.

No district has a list of permitted uses where all the applicant's desired uses would be appropriate;

B.

The proposed district is the best suited to accommodate the desired uses;

C.

It is necessary to limit the uses permitted in the proposed district to ensure abutting properties, and properties n the neighborhood, will not be negatively affected; and;

D.

The maximum number of acceptable uses in the district has been identified and will be permitted.

(Ord. No. 2011-06, § 2, 12-19-2011)

The ordinance or resolution adopting the LUO District shall by section reference, or by name identify, those permitted uses in the district that will remain permitted uses. A permitted use description may be segmented to require a conditional use for distinct uses that may not be compatible.

(Ord. No. 2011-06, § 2, 12-19-2011)

The official zoning district map shall be amended to show an "LUO" suffix on any parcel where the LUO District has been applied.

(Ord. No. 2011-06, § 2, 12-19-2011)

Development of property located within the LUO District shall comply with all applicable procedures or development requirements contained in the city's development code. Compliance with the city's development code provisions is not waived, altered or otherwise modified by the LUO District.

(Ord. No. 2011-06, § 2, 12-19-2011)

Any ordinance or resolution adopting a LUO District shall be recorded in the deed and mortgage records of Yamhill County at the applicant's expense.

(Ord. No. 2011-06, § 2, 12-19-2011)