A conditional use listed in this title, may be permitted, denied, enlarged or altered upon authorization of the Planning Commission in accordance with the criteria and standards of this chapter and Type III procedures in Chapter 14 of this title. Site review is required for conditional uses.

A.

Approval criteria. The applicant shall carry the burden of proof in demonstrating that the following review criteria are satisfied, in addition to any specific criteria and standards in this chapter, other applicable chapters of this title, and this Code. If any of the following criteria and other applicable standards cannot be satisfied by requiring conditions with the approval, the use shall be denied:

1.

Applicable plans. The conditional use application complies with applicable policies of the Umatilla City Comprehensive Plan.

2.

Code provisions. The proposal complies with all applicable provisions of this Code, including, but not limited to, provisions of this chapter, the base district, and site review, as well as any other applicable provisions of this Code.

3.

Use characteristics. If the proposed use is a community service, application shall include evidence to demonstrate that the proposed use is needed within the community to provide a social or technical benefit.

4.

Site characteristics. The site is appropriate for the proposed use, considering, but not limited to, the following factors: neighboring land use, adequacy of transportation facilities and access, site size and configuration, adequacy of public facilities.

5.

Impacts on the neighborhood. Potential impacts on neighboring properties shall be identified. Mitigating measures shall be identified for unavoidable adverse impacts.

6.

Impacts on the community. Potential impacts on the community shall be identified, including, but not limited to, public facilities, land supply within the particular zoning district, impact on housing, etc. Potential benefits of a proposed use may outweigh potential impacts, but such benefits and impacts should be identified. Unavoidable adverse impacts should be mitigated to the extent possible.

B.

Conditions of approval. Conditions of approval for mitigating measures shall be clearly related to the identified impact or impacts. If complex conditions of approval are considered necessary, this is an indication that the proposed use may not be appropriate for the proposed site. Conditions of approval may include, but are not limited to, the following:

1.

Increasing the required lot size or yard dimension.

2.

Limiting the height, size, or location of the building or use.

3.

Controlling the location and number of vehicle access points.

4.

Increasing the street width and requiring street improvements.

5.

Increasing or decreasing the number of required off-street parking spaces.

6.

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

7.

Requiring diking, fencing, screening, landscaping, or other facilities designed to protect adjacent or nearby properties.

8.

Designating sites for open space.

C.

Existing conditional use. Any conditional use existing prior to the effective date of this title, and classified in this title as a conditional use, shall not be changed with respect to the use, site, or structure, unless the change conforms with the current requirements for conditional use.

(Ord. No. 688, 6-15-1999)

In addition to the standards of the district in which the conditional use is located and the other standards of this title, the following criteria and standards shall apply to the specifically identified conditional use:

A.

Natural resources. The use of premises in any district for the excavation, mining extraction, or removal of stone, sand, gravel, clay, or other natural deposits may only be authorized by the Planning Commission in accordance with this title and subject to the following additional requirements:

1.

The applicant shall submit a site plan and vicinity map showing uses within 1,000 feet of the site, and a topographic map(s) that shows a cross section of the site as it currently exists and after the proposed aggregate mining, in addition to any other submittal requirements of this chapter.

2.

Required setbacks for any mining operation shall be no less than 100 feet from any public right-of-way and no less than 500 feet from any residence.

3.

Screening consisting of vegetation, berming, or other measures shall provide a visual screen along an abutting public right-of-way. Screening shall also be provided around the site except when adjacent properties are designated M-2.

4.

The City shall review the proposed use for impacts on streets and other existing or contemplated public improvements, upon all properties within 1,500 feet of such excavations, and on the proposed use of the site following completion of mining and reclamation. Identified impacts may be mitigated through clear and objective conditions of approval.

5.

The City may require that the applicant enter into an agreement with the City for reclamation of such areas to suitable use after completion of excavations, and that an adequate performance guarantee be furnished covering the cost of restoration or other work.

6.

The City shall coordinate its review with the State Department of Geology and Mineral Industries (DOGAMI).

B.

Schools. In considering a conditional use application for a public or private school facility, the Planning Commission shall make findings that the site location best serves the intended area, access to the site is adequate, and impacts on surrounding properties and appropriate mitigating measures are identified.

1.

Day nurseries and kindergartens shall provide and maintain at least 100 square feet of outdoor play area per child. A sight-obscuring fence at least four feet high, but not more than six feet high, shall separate the play area from abutting properties. The outdoor play area shall not be located in front of the building.

2.

Primary schools shall provide one acre of site area for each 90 pupils or one acre for every three classrooms, whichever is greater.

3.

Elementary schools shall provide one acre of site area for each 75 pupils or one acre for every 2½ classrooms, whichever is greater.

C.

Buildings intended for religious worship. The Planning Commission may authorize a building for use for religious worship if the size of the site is adequate for the intended use, but not less than 15,000 square feet in area, access to the site is adequate, and impacts on surrounding property and appropriate mitigating measures are identified.

D.

Utilities, storage tanks, and towers for transmission of radio waves for cellular communications and similar facilities. The Planning Commission shall determine that the proposed site is located to best serve the intended area and that impacts on surrounding properties and appropriate mitigating measures are identified. Such facilities shall be located, designed, and installed with regard for aesthetic values.

E.

Automobile service stations. The following development standards and requirements apply to new automobile service stations:

1.

The minimum area for a service station site shall be 15,000 square feet; the maximum area shall be 30,000 square feet.

2.

The maximum street frontage for a service station site on a corner lot shall be 120 feet.

3.

A service station shall not be constructed within 640 lineal feet of any part of a building housing another service station.

4.

Landscaping shall be installed and maintained on ten percent of a service station site. Landscaping shall be located along the street frontage and adjacent to the primary entrance for persons along the front of any building.

F.

Recreational vehicle parks. Recreational vehicle parks shall conform to the following standards and requirements:

1.

No residences other than recreational vehicles (RVs) shall be permitted within RV parks. All recreational vehicles shall maintain current license plates and registration, shall be readily transportable at all times, and shall not be permanently affixed to the ground.

2.

The minimum area for a recreational vehicle park shall be three acres.

3.

A site plan shall be submitted for the recreational vehicle park, showing space locations, buildings and purpose of buildings, open space and recreational facilities if any, street layout, and landscaping, as well as locations for public water supply, sewage disposal, fire hydrants, and sanitary facilities conforming to requirements of the State Health Division, the Oregon Department of Environmental Quality, and the Uniform Building Codes Agency.

4.

Domestic water and wastewater collection facilities shall be approved by the appropriate state agency. Connections to the City system shall be approved by the City Administrator.

5.

A recreational vehicle space shall have an area of not less than 700 square feet, exclusive of driveways and common areas.

6.

Park roadways shall have a minimum width of 30 feet when on-street parking is proposed and 24 feet where no on-street parking is permitted. Roadways shall be designed and improved to City standards for paving, curbs, and sidewalks, unless the applicant demonstrates that an alternative construction standard and street design is more appropriate for the site.

7.

Each recreational vehicle space shall have at least one ten-foot by 20-foot parking space off-street exclusive of the recreational vehicle itself. Parking and driveway areas shall be paved.

8.

Outdoor lighting shall be provided that is oriented to prevent direct illumination onto adjacent or abutting properties.

9.

The recreational vehicle park shall be screened on all sides by a sight-obscuring planting, screening fence, or combination thereof that is at least six feet in height. The recreational vehicle park owner or operator shall be responsible for the maintenance of such screening.

10.

The park shall provide piped potable water to accommodate not less than 75 percent of the spaces available. One waste disposal dump station for RVs shall be provided with each 100 sites or fraction thereof. All water, sewer, and storm drain facilities both on- site and off-site shall be approved by the City Administrator.

11.

Sanitary facilities shall be provided in accordance with state standards. Sanitary sewer shall be provided to not less than 75 percent of the spaces.

12.

Trash receptacles shall be provided at the rate of 30 gallons of refuse capacity for each two recreational vehicle spaces or equivalent.

13.

Each recreational vehicle space shall be provided with electrical service.

14.

All plumbing facilities shall be inspected and approved by the City Administrator.

G.

Manufactured home parks.

1.

General requirements.

a.

State requirements. All improvements included in the ORS 446 and 814.28 shall be complied with by any person owning or operating a manufactured home park and by any person placing a manufactured home in a park.

b.

Character of the land. Land which is subject to flooding, poor drainage, steep slopes, rock formations, adverse earth formations, or topography, utility easements, or other features which will reasonably be harmful to the safety, health, and general welfare of the future inhabitants of the manufactured home park shall not be developed. Existing features that would add value to the development or to the City as a whole, such as trees, watercourses, historical and archaeological sites, and similar irreplaceable assets, shall be preserved in the design.

c.

Phasing. If the manufactured home park is to be built in phases, each phase shall be built in accordance with these regulations and the improvements required as each phase is constructed shall be determined based upon the total number of manufactured home spaces which will exist after completion of all phases.

2.

Required improvements. The following improvements shall be required in manufactured home parks:

a.

Driveways. No dwelling space shall have access to a public street but shall be provided with a paved driveway with a minimum width of ten feet to an interior street.

b.

Interior streets. Minimum width of 20 feet, paved with a city standard or rolled curbs on both sides of interior streets and a sidewalk at least four feet wide, or as necessary to comply with ADA requirements, on both sides of an interior street.

c.

Street signs. Appropriate street signs on interior streets and at the intersection of interior streets with public streets.

d.

Parking.

(1)

Two parking spaces shall be provided for each manufactured home space.

(2)

Parking spaces shall be provided on a hard surfaced area at least ten feet by 40 feet or 20 feet by 20 feet.

(3)

A carport or garage shall be provided for each manufactured home space for at least one required parking space. The covered parking space may be provided along a space boundary, so that one structure is located to provide covered parking for two adjacent spaces.

(4)

Guest parking shall be provided at a rate of one per three dwellings in a parking lot or on the interior street if the street is at least 30 feet in width and the parking would not interfere with the minimum 20-foot access to all lots.

e.

Water, sewer lines. Water lines and sewer lines with connections for each space and fire hydrants.

f.

Utilities. Underground utilities.

g.

Drainage. Provisions for adequate drainage.

h.

Perimeter setback, landscaping. A manufactured home park shall have a perimeter setback of 15 feet in width from all property lines, with a six-foot-high sight-obscuring perimeter fence and perimeter landscaping at least 15 feet in width, to include shade trees at one per 20 lineal feet and ground cover such as grass. The perimeter landscaping shall be located between the street right-of-way and the fence for the property line abutting a public street. A landscaping plan shall be approved by the Planning Commission. The Planning Commission may modify the width of the perimeter setback or fence height if it finds that unusual circumstances justify the modification while maintaining a desired degree of buffering for residents within, as well as adjacent to, the manufactured home park.

i.

Recreational facilities. At least 250 square feet per unit shall be provided in a usable form and size, with a minimum of 2,500 square feet and a minimum dimension of 30 feet. The recreational space shall be landscaped and provided with improvements such as benches, tables, playground equipment, or similar features. The Planning Commission shall approve a plan for development of the recreational space.

j.

Patios, storage buildings. Each dwelling space shall have a patio of at least 120 square feet in area, with a minimum dimension of eight feet and an enclosed, secure storage building at least 120 square feet in area. All storage buildings within the park shall be constructed of uniform materials and standard design.

3.

Optional improvements. The Planning Commission may require other improvements, such as additional setbacks, pedestrian pathways, landscaping, laundry, or other features, if it determines that such facilities or features are necessary to mitigate impacts to or from adjacent properties or to provide greater livability within the manufactured home park.

4.

Deferral or waiver of required improvements. The Planning Commission may defer or waive the provision of one or more improvements listed in subsection G.2. of this section if, in its judgment, said improvements are not required in the interests of the public health, safety and general welfare or which are inappropriate. This section is not intended to substitute for the variance process, but recognizes that unusual circumstances relating to a site may justify a modification of requirements in the context of a specific development.

5.

Connection with public water and sewage systems. Manufactured home park water and sewer lines shall be connected to city water and sewer lines. The developer is required to pay for or perform the work or both to extend or increase the capacity of city water or sewer lines or both to the site, should this be required to provide services. If determined to be necessary by the City Administrator, the developer shall provide, as part of the application, an analysis of public street, sewer, and water systems prepared by a licensed engineer to include a determination of expected capacity needed by the manufactured home park and system improvements, including off site improvements, necessary to provide needed capacity for the proposed development.

6.

Manufactured home spaces. Each space for a manufactured home shall contain not less than 4,500 square feet exclusive of space provided for the common use of tenants, such as roadways, general use structures, guest parking, walkways and areas for recreation and landscaping purposes.

7.

Setback requirements for manufactured homes within manufactured home parks. No manufactured home in the park shall be located closer than 15 feet from another manufactured home or from a general use building in the park. The minimum side and rear yards shall be five feet. The minimum front yard and the minimum yard along any street shall be 15 feet. A carport or garage serving adjacent spaces may occupy the required side setback.

8.

Occupancy. No manufactured home park shall be occupied until all conditions of approval, including any off site improvements required, have been completed. The Planning Commission may specify that a financial guarantee may be provided by the developer in lieu of completing required off site improvements prior to receiving approval for occupancy. If approved in phases, each phase with associated on and off site improvements shall be completed before occupancy of the phase of the manufactured home park is approved.

H.

General commercial uses in downtown transition district. General commercial uses in the downtown transition district shall comply with the following standards:

1.

The proposal shall be consistent with the purpose of the downtown transitional district.

2.

The proposal must ensure a high quality pedestrian oriented environment. A "high quality pedestrian oriented environment" is one that includes features, such as:

a.

Plazas or outdoor gathering areas;

b.

Wide sidewalks;

c.

Unusual or ornamental pavement materials or patterns;

d.

Benches, street lighting, trash receptacles, bicycle racks, drinking fountains, and other outdoor furnishings;

e.

Street trees or building awnings that provide shelter from the rain;

f.

Fountains, ornamental pools, or ponds; and

g.

Public art or interpretive exhibits.

3.

Building entrances shall be oriented to the public street by fronting directly on the public sidewalk or directly connected to the public sidewalk by a concrete walkway. First floor building facades that front on public streets and include more than 50 percent of the wall area as windows.

4.

Uses that occupy existing buildings may be exempted from compliance with the standards of this subsection H. through the site review process, when compliance is not feasible due to the nature of the proposed use or the nature of the existing building or site, or both.

(Ord. No. 688, 6-15-1999; Ord. No. 710, 5-7-2002; Ord. No. 856, § 2, 5-3-2022)

A conditional use permit is a Type III procedure. An application shall be submitted with maps and narrative as specified in Chapter 14 of this title.

(Ord. No. 688, 6-15-1999)

Conditional use applications for which standards are not herein explicitly shown shall be reviewed for acceptance or denial subject to the standards of the zoning district in which the proposed use will be located and the approval criteria set forth in Section 10-12-1 of this chapter.

(Ord. No. 688, 6-15-1999)