Siletz City Zoning Code

Conditional uses listed in this title may be permitted, enlarged or altered upon authorization by the Planning Commission in accordance with the standards and procedures set forth in this chapter.

A.

In taking action on a conditional use application, the Planning Commission may either approve or deny the application. Conditional use applications found not in accord with the comprehensive plan shall be denied. If an application is denied, the action must be based on reasons related to the comprehensive plan or the best interests of the surrounding area or the City as a whole.

B.

In approving a conditional use request or the modification of a conditional use, the Planning Commission may impose, in addition to those standards and requirements expressly specified by this title, additional conditions which are considered necessary to protect the best interests of the surrounding area or City as a whole. These conditions may include, but are not limited to the following:

1.

Increasing the required lot size or yard dimensions;

2.

Limiting the height of buildings;

3.

Controlling the location and number of vehicle access points;

4.

Increasing the street width;

5.

Increasing the number of required off-street parking spaces;

6.

Limiting the number, size, location and lighting of signs;

7.

Requiring fencing, screening, landscaping, diking or other facilities to protect adjacent or nearby property;

8.

Designating sites for open space;

9.

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

10.

Setting of the site reclamation design upon discontinuance of use;

In the case of conditional uses which provide for needed housing types, these conditions shall be limited to the following: controlling the location and number of off-street parking and loading spaces required, limiting the number, size and location of signs, and requiring diking, fencing, screening and landscaping. Conditions applied to needed housing types shall not unreasonably increase costs or reduce densities.

C.

In the case of a use existing prior to the effective date of this title and classified in this title as a conditional use or a nonconforming use, a change in use or in lot area or an alteration of structure shall conform with the requirements for conditional use.

D.

The Planning Commission may require that the applicant for a conditional use furnish the City with a performance bond of up to the value of the cost of the site improvements to be guaranteed by such bond, in order to assure that the conditional use is completed according to the plans as approved by the Planning Commission.

E.

Any permit granted hereunder shall be subject to revocation by the Planning Commission if it is ascertained thereby that the application includes or included any false information, or if it is determined that the conditions of approval have not been complied with or are not being maintained or the conditional use becomes detrimental to public health, safety or welfare.

F.

In order to consider revocation of a conditional use permit the Planning Commission shall hold a public hearing as prescribed under Section 17.44.050 of this title in order for the permit holder to show cause why such permit should not be revoked.

G.

If the Planning Commission finds that the conditions of permit approval have not been complied with or are not being maintained, a reasonable time shall be given for rectification and if corrections are not made within that time, revocation of the permit shall become effective ten days after the time specified. If the unauthorized use continues it shall be considered a violation of this title.

H.

Reapplication for a conditional use approval cannot be made within one year after revocation except that the Planning Commission may permit a new application if in its opinion new evidence or a change in circumstances warrant it.

(Ord. 131 § 1 (part), 1992; Ord. 106 § 6.010, 1987)

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 17.44.030;

B.

Before the Planning Commission may act on a request for a conditional use, it shall hold a public hearing. Section 17.44.050 of this title sets procedure for notice of public hearing;

C.

The authorized body which holds a public hearing shall render a decision concerning a request for a conditional use within thirty days of the date the hearing is closed;

D.

Within five days after a decision has been rendered with reference to a request for a conditional use, the City Recorder shall provide the applicant with written notice of the decision of the body making the decision.

(Ord. 131 § 1 (part), 1992; Ord. 106 § 6.020, 1987)

If building permits are required by ordinance of the City, a building permit for all or any portion of a conditional use may be issued only on the basis of the plan as approved by the Planning Commission. Any change in the approved plan shall be submitted to the Planning Commission as a new application for a conditional use.

(Ord. 131 § 1 (part), 1992: Ord. 106 § 6.030, 1987)

Authorization of a conditional use shall be void after one year or such lesser time as the authorization may specify. However, the Planning Commission may extend authorization for an additional period not to exceed one year upon request of the property owner.

(Ord. 131 § 1 (part), 1992: Ord. 106 § 6.040, 1987)

In addition to the standards of the zone in which the conditional use is located and the other standards of this title, conditional uses shall meet the following standards:

A.

Special Setback Standards for Kennels.

1.

Buildings, pens or runs, which are part of kennels and animal hospitals shall be located no closer than seventy-five feet from a residential zone, street, and highway.

B.

Special Setback for Lodges and Certain Recreation Facilities.

1.

Clubs, lodges, or fraternal organizations in the G-R zone shall be located no closer than thirty feet from any other lot in a residential zone;

2.

Community swimming pools and buildings housing recreation facilities in a residential zone shall be located no closer than thirty feet from any lot in a residential zone.

C.

Standards for public utility facilities such as electric substation or transformer, public or community domestic water supply, reservoir or pumping station, or public or community sewage disposal plant or pumping station; radio or television tower or transmitter or governmental structure or use of land.

1.

In a residential zone, all equipment and material storage shall be within an enclosed building;

2.

Workshops shall not be permitted in a residential zone;

3.

Public utility facilities shall be screened and provided with landscaping in a residential zone;

4.

The minimum lot size requirement may be waived on finding that the waiver will not result in noise or other detrimental effect to adjacent or nearby property.

D.

Standards for Home Occupation.

1.

The home occupation shall be secondary to the main use of the property as a residence;

2.

The home occupation shall be limited to either an accessory structure or to not over twenty-five percent of the floor area of the main floor of a dwelling. If located within an accessory structure, the home occupation shall not utilize over six hundred square feet of floor area;

3.

No structural alteration, including the provision of an additional entrance, shall be permitted to accommodate the home occupation except when otherwise required by law. Such structural alteration shall not detract from the outward appearance of the property as a residential use;

4.

No person other than members of the immediate family residing in the dwelling is to be engaged in the home occupation;

5.

No window display and no sample commodities displayed outside the building shall be allowed. One unlighted sign not exceeding one and one-half square feet in area shall be permitted. The sign shall either be attached to the exterior of the building, placed in a window of the building or, if detached from the building, shall not be located in a required front or street side yard. The sign shall identify only the home and occupation of the resident;

6.

No on-site sale of stock in trade stored or commodities kept for sale which are not produced on the premises shall be allowed;

7.

No materials or mechanical equipment shall be used which is detrimental to the residential use of the dwelling or adjoining dwellings because of vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factors;

8.

No materials or commodities shall be delivered to or from the residence which are of such bulk or quantity as to create undesirable traffic or congestion;

9.

No parking of customer's vehicles in a manner or frequency so as to cause disturbance or inconvenience to nearby residents or so as to necessitate off-street parking shall be allowed.

E.

Standards for Trailer Parks Including Mobile Home Parks or Vacation or Travel Trailer Parks. A trailer park may be permitted as a conditional use provided it meets the requirements of Chapter 446, Oregon Revised Statutes, and the standards of the Oregon State Board of Health. In addition, the following minimum standards set out in Table 17.28.050 shall apply.

F.

Standards for Extraction and Processing of Rock, Sand, Gravel or Other Earth Product.

1.

Submitted plans and specifications shall contain sufficient information to allow the City Council to set standards pertaining to:

a.

The most appropriate use of the land;

b.

Setback from the property line;

c.

Location of vehicular access points;

d.

Protection of pedestrians and vehicles through the use of fencing;

e.

Prevention of the collection and stagnation of water at all stages of the operation;

f.

Rehabilitation of the land upon termination of the operation.

2.

Any processing of earth products commonly associated with the excavation of minerals, rocks, sand or gravel, such as the use of crushing, sorting or washing equipment, shall not be permitted in commercial or residential zones.

3.

Mining equipment and access roads shall be constructed, maintained, and operated in such a manner as to eliminate, as far as is practicable, noise, vibration or dust which are injurious or substantially annoying to persons living in the vicinity or to crops or livestock being raised in the vicinity.

4.

Asphalt plants, concrete products manufacture, cement plants, and similar uses often associated with extraction of earth products shall not be permitted in conjunction with extraction operations in a commercial or residential zone.

G.

Standards for Advertising Signs.

1.

Advertising signs must be two hundred feet apart on the same side of a road and one hundred feet apart on opposite sides of a road.

2.

Advertising signs shall not exceed thirty-five feet in height measured from road level and display surfaces shall not be greater than twelve feet in height nor twenty-five feet in width.

H.

Standards for Livestock in the Residential Zones.

1.

Minimum lot size for the keeping of horses, cows, sheep or goats is one acre. The total number of such animals (other than their young under the age of six months) allowed on any such lot shall be limited to the square footage of said lot divided by the total minimum area required for each animal as listed below.

a.

One horse per fifteen thousand square feet;

b.

One cow per fifteen thousand square feet;

c.

One sheep per ten thousand square feet;

d.

One goat per ten thousand square feet;

e.

Pigs, swine, hogs or fowl, excluding chickens and ducks, are not permitted within the City limits of the City.

2.

Under no circumstances shall any livestock be kept for commercial purposes within the City limits of the City.

3.

Animal shelters, barns, pens or hutches shall be located no closer than seventy feet from the street, shall not be attached to the rear of the dwelling located on any lot and shall be located no closer than seventy feet from any other property lines of any lot.

4.

Adequate shelters shall be provided for all animals.

5.

All animal feeds other than hay shall be stored in metal or other rodent proof containers.

6.

All areas shall be adequately fenced to contain and an area no less than the total minimum area required for each animal as specified in subsection (H)(1) of this section.

I.

Standards for Mobile Homes Not Complying with all Provisions of Section 17.20.060.

1.

The home must bear a seal certifying that it is built in compliance with the Federal Manufacturing Housing Construction and Safety Standards Code, which became effective on June 15, 1976.

2.

The applicant can demonstrate the mobile home will be compatible with existing and projected uses on surrounding lots, considering the physical characteristics of the subject property, general housing conditions in the area, and the condition and style of mobile home the applicant is proposing.

3.

All placement and siting standards of Section 17.20.060 shall be complied with (subsections F—I) in full.

4.

Replacement of any mobile home which does not meet all provisions of Section 17.20.060 shall require approval of a new conditional use permit.

(Ord. 135 § 1, 1992; Ord. 106 § 6.050, 1987)

(Ord. No. 192, 1-10-2013)

TABLE 17.28.050