A use is designated as a conditional use within a given zone when it is judged to be generally in line with the purpose of the zone but which could, if not reviewed, have a negative impact on other properties or uses within the zone. The purpose of such a review is to assure adequate site design and compatibility with surrounding uses and property. A review of a conditional use is a Type III review.

(Ord. 1286 § 1 (part), 2001)

Uses designated in this ordinance as permitted conditional uses may be permitted by the planning commission in accordance with the standards and procedures specified in this ordinance. Future significant enlargements or major alterations of a conditional use shall also be reviewed by the commission and new conditions may be imposed. Change in use, expansion or contraction of site area, or alteration of structures or uses which are classified as conditional but which existed prior to the effective date of this ordinance, shall conform to all regulations pertaining to conditional uses.

(Ord. 1286 § 1 (part), 2001)

A property owner or the owner's authorized agent may initiate a request for a conditional use by filing a completed application with the city manager along with the appropriate fee as set by city council resolution. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed use. The planning commission or city manager may require other drawings or material necessary to an understanding of the proposed use and its relationship to surrounding properties as part of a complete application.

(Ord. 1286 § 1 (part), 2001)

The planning commission shall review and make a decision to approve or deny a conditional use request in accordance with the standards and procedures for a Type III review as set forth in Toledo Municipal Code Chapter 19.16.

In approving a conditional use request, the planning commission may impose any conditions determined by the commission to be necessary and appropriate to ensure that the use will comply with all applicable provisions of this section. Such conditions may include, but are not limited to:

A.

Limit the manner in which the use is conducted, including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor.

B.

Establish a special yard or other open space or lot area or dimension.

C.

Limit the height, size or location of a building or other structure.

D.

Designate the size, number, location or nature of vehicle access points.

E.

Increase the amount of street dedication, roadway width, or improvements within the street right-of-way.

F.

Designate the size, location, screening, drainage, surfacing or other improvement of a parking or truck loading area.

G.

Limit or otherwise designate the number, size, location, height or lighting of signs.

H.

Limit the location and intensity of outdoor lighting or require its shielding.

I.

Require diking, screening, landscaping or another facility to protect adjacent or nearby property and designate standards for installation or maintenance of the facility.

J.

Designate the size, height, location or materials for a fence.

K.

Protect existing trees, vegetation, water resources, wildlife habitat or other significant natural resources.

L.

Specify other conditions to permit development in conformity with the intent and purpose of the conditional classification of development.

(Ord. 1286 § 1 (part), 2001)

(Ord. No. 1345, § 16, 11-7-2012)

Editor's note— Ord. No. 1345, § 16, adopted Nov. 7, 2012, changed the title of § 17.64.040 from "Action on a conditional use request" to "Conditions for development."

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

A.

In addition to other applicable standards of this section, all conditional uses shall comply with the following requirements:

1.

The site under consideration is suitable for the proposed use considering:

a.

The size, design and operating characteristics of the use.

b.

The adequacy of transportation access to the site.

c.

The natural and physical features of the site such as general topography, natural hazards, natural resource values, and other features.

2.

The proposed use is compatible with existing and projected uses on surrounding lands, considering the factors in paragraph (1) of this subsection.

B.

In addition to other standards of the zone in which the conditional use is located, certain uses shall comply with the following additional standards:

1.

Utility Substation or Pumping Station. The minimum lot size in the applicable zone may be waived only on finding that the waiver will not result in noise or other detrimental effect on adjacent property. No equipment storage shall be permitted on the site. Such development shall be fenced and landscaped as required by the planning commission.

2.

Processing and manufacturing operations.

a.

The facility shall not abut a property zoned general residential or single-family residential.

b.

The processor shall operate in a wholly enclosed building, except for incidental storage.

c.

A processing facility shall be no larger than forty thousand (40,000) square feet.

d.

The processing facility may not shred, compact, or bale ferrous metals other than food and beverage containers.

3.

Waste transfer, recycling facility, or scrap metal facility.

a.

Facilities must be fenced and shall be secured from unauthorized entry and the removal of materials when attendants are not present.

b.

Facilities and storage shall be located no closer than thirty (30) feet from any property line.

c.

Hours of operation shall be established, and the facility shall be clearly marked with the name and telephone number of the facility operator and the hours of operation.

d.

The site shall be maintained free of litter, odors, pests, and any other undesirable material, and shall be cleaned of loose debris on a daily basis.

e.

Space shall be provided on the site for the anticipated peak load of customers to circulate, park, and deposit recyclable materials.

f.

Containers provided for after-hours donations of recyclable materials shall be at least fifty (50) feet from any property zoned general residential or single-family residential, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate the materials collected, and shall be secure from unauthorized entry or the removal of materials.

g.

Donation areas shall be kept free of litter, odors, pests, and any other undesirable material. The containers shall be clearly marked to identify the type of material, which may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.

4.

Marijuana producer, marijuana processor, marijuana retailer, marijuana wholesaler, and marijuana laboratory.

a.

The use shall not abut a property in the general residential (R-G) or single-family residential (R-G) zones or Lincoln County residential land use zones.

b.

The use may be co-located with a medical marijuana grow site or medical marijuana dispensary facility, if allowed by state law and regulation, provided such use is properly licensed.

c.

The use shall not be located within one thousand (1,000) feet of a private or parochial elementary or secondary school, teaching children as defined in ORS 339.030(1)(a).

d.

The use shall not be located within one thousand (1,000) feet of a public elementary or secondary school whose attendance is compulsory under ORS 339.020.

e.

The facility where the use takes place shall be no larger than forty thousand (40,000) square feet.

f.

The use shall not be located within one thousand (1,000) feet of another medical or recreational marijuana facility, including a marijuana producer, marijuana processor, marijuana retailer, marijuana wholesaler, marijuana laboratory, medical marijuana dispensary facility, or medical marijuana grow site. This one thousand (1,000) feet requirement from property line to property line in a straight line measurement is not meant to prohibit more than one of the uses described in this subsection 4.f. from being co-located. More than one of the uses in this subsection 4.f. may be co-located, but only for the period of time, and as allowed, by state law and regulation.

g.

Drive-through recreational marijuana facilities in any zone are prohibited.

h.

The proposed use must be located inside a permanent building. Outdoor storage of any merchandise or plants is not allowed.

i.

The proposed use requires continued compliance with all state, city, and federal law, excluding marijuana's classification as a controlled substance under the federal Controlled Substances Act.

(Ord. 1286 § 1 (part), 2001)

(Ord. No. 1345, § 17, 11-7-2012; Ord. No. 1360, § 9, 2-3-2016)

Editor's note— Ord. No. 1345, § 17, adopted Nov. 7, 2012, changed the title of § 17.64.050 from "Conditions for development" to "Standards governing conditional uses."

A.

Except as provided in subsection B of this section, authorization of a conditional use shall be void after two years if a building permit has not been issued or development has not begun.

B.

The authorization may be extended by the planning commission for an additional period of one year if the request is made in writing prior to the expiration of the original authorization. Conditional uses approved prior to this ordinance may apply for one additional year for a total of three year approval.

(Ord. 1286 § 1 (part), 2001; Ord. No. 1345, § 18, 11-7-2012; Ord. No. 1430, § 45, 5-7-2025)

Editor's note— Ord. No. 1345, §§ 18, 19, adopted Nov. 7, 2012, deleted material from the Code pertaining to standards governing conditional uses (former § 17.64.060) and, in effect, renumbering § 17.64.070 as § 17.64.060. Former § 17.64.060 derived from Ord. 1286, § 1(part), adopted 2001.