Certain types of uses require special consideration prior to their being permitted in a particular zone. The reasons for such special consideration include, the size of the area required for the full development of such uses, the nature of the traffic problems incidental to operation of the uses, and the effect such uses have on any adjoining land uses and on the growth and development of the City as a whole.

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

1. In taking action on a conditional use permit application, the Planning Commission may either permit or deny the request. If a request is denied, the action must be based on reasons related to orderly development and best interests of the surrounding area or the City as a whole. Mobile home parks are exempt from 16.84.020(A) and 16.84.070(A)(2) of this chapter.
2. In permitting a conditional use or the modification of a conditional use, the Planning Commission may impose, in addition to those standards and requirements expressly specified by this code, additional conditions which are considered necessary to protect the best interest of the surrounding area of the 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. Regulating the hours of operation; and
   10. Setting a time limit for which the conditional use is approved.
   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 fencing, diking, screening and landscaping. Conditions applied to needed housing types shall not unreasonably increase costs or reduce densities.
   
   If at any time the standards or requirements for conditional use approval are not followed, a zoning violation will be considered to exist.
3. In the case of a use existing prior to the effective date of this code and classified as a conditional use or a non-conforming use, a change in use or in lot area or an alteration of structure shall conform with the conditional use requirements.
4. Modifications of standards listed for each conditional use may be granted if:
   1. The Planning Commission determines that a hardship would result to an applicant from the application of the standards.
   2. The modifications will not result in the use being detrimental to properties in the surrounding area or in the City as a whole.
   3. The purposes of this code are fulfilled.
5. The Planning Commission may require that the applicant furnish the City with a performance bond of up to the value of the cost of the improvement, plus administrative costs and amounts for inflation not to exceed twenty (20) percent of the value of the cost of the improvement(s), to be guaranteed by such bond in order to assure that the conditional use is completed according to the plans approved by the Planning Commission.

The procedure for taking action on an application for a conditional use shall be as follows:

1. A property owner may initiate a request for a conditional use or the modification of a conditional use by filing an application with the City. The Planning Commission may require other drawings or information necessary to provide an understanding of the proposed use and its relationship to surrounding properties.
2. Before the Planning Commission may act on a request, it shall hold a public hearing as prescribed in Chapter 16.108 of this title.
3. The planning commission's decision is final unless it is appealed as prescribed in Chapter 16.108 of this title.

Building permits for all or any portion of a conditional use shall be issued only on the basis of the plan as approved by the Planning Commission . Any substantial change in the approved plan shall be submitted to the Planning Commission as a new application for a conditional use.

Authorization of a conditional use shall be void after two (2) years or such lesser time as the authorization may specify unless substantial construction pursuant thereto has taken place. However, the Planning Commission may extend authorization for an additional period not to exceed one (1) year. A maximum of two extensions can be granted.

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

1. In order to consider revocation of a conditional use permit, the Planning Commission shall hold a public hearing as prescribed in Chapter 16.108 of this title. The permit holder shall be required to show cause as why such permit should not be revoked.
2. 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 correction. If corrections are not made within the specified time, revocation of the permit shall become effective.
3. Reapplication for a conditional use permit cannot be made within one (1) year after revocation except that the Planning Commission may allow a new application if, in its opinion, new evidence or a change in circumstances warrant it.

1. General Standards. In addition to the 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:
      1. The size, design and operating characteristics of the use;
      2. The adequacy of transportation access to the site; and
      3. The natural and physical features of the site such as general topography, natural hazards, natural resource values, and the like.
   2. The proposed use is compatible with the existing and projected uses on surrounding lands, considering the factors of subsection (A)(1), above. Mobile home parks are exempt from Sections 16.84.020(A) and 16.84.070(A)(2) of this chapter.
2. Special set-back requirements:
   1. Buildings and pens, which are a part of kennels and animal hospitals, and active recreation use areas which are a part of outdoor commercial amusement or recreation establishments shall be located no closer than seventy-five (75) feet from a residential zone.
   2. Clubs, lodges, fraternal organizations, community swimming pools, and buildings housing recreational facilities in residential zones shall be located no closer than thirty (30) feet from any other lot in a residential zone.
3. Public utilities facilities such as an electric substation or transformer, public or community domestic water supply reservoir or pumping station, or public or community sewage disposal plant or pumping station shall meet the following standards:
   1. In a residential zone, all equipment storage shall be within an enclosed building;
   2. Public utility workshop facilities shall not be permitted in a residential zone;
   3. Public utility facilities shall be screened and/or provided with landscaping; and
   4. Minimum lot size requirements may be waived on finding that the waiver will not result in noise or other detrimental effect to adjacent or nearby property.
   Public utility tower facilities are permitted as conditional uses in the R-1, R-2, R-3, R-4, C-1, C-2, C-T, I-P, and P-F zoning districts and are subject to Municipal Code Chapter 16.84 Conditional Uses.
4. Home Occupations.
   1. Providing it meets all other applicable standards listed below, a home occupation that involves no customer traffic, retail sales, signs or any other outward appearance of a business shall be exempt from the conditional use process.
   2. The home occupation shall be secondary to the main use of the property as a residence.
   3. The home occupation shall be limited to either an accessory structure or not be over twenty-five (25) percent of the floor of the dwelling. If located within an accessory structure, the home occupation shall not utilize over four hundred (400) square feet of floor area.
   4. Any structural alteration shall be approved by the Planning Commission and shall not detract from the outward appearance of the property as a residential use.
   5. No persons other than residents of the subject property shall be engaged in the home occupation and in no event shall the number of residents engaged in the home occupation exceed five (5).
   6. No window display and no sample commodities displayed outside the building shall be allowed.
   7. No on-site sale of products shall be allowed in an R-1 zone.
   8. 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.
   9. No materials or commodities shall be delivered to or from the residence which create undesirable traffic or congestion.
   10. No on-street parking of customer's vehicles shall be allowed.
   11. No outside storage of goods, commodities or waste materials associated with the home occupation shall be permitted.
   12. No outward appearance of a business is allowed in an R-1 zone.
   13. Home occupations permitted in residential zones shall be limited to the following types, subject to applicable standards:
       1. Professional office or clinic;
       2. Personal service establishment such as barber, beautician, tailor, cobbler, gunsmith, or the like;
       3. Home appliance or electronic service or repair;
       4. Artist or craft studio;
       5. Except as prohibited in subsection 14, below, small-scale manufacture or assembly; and
       6. Other uses similar in character, scale and performance to the above.
   14. The following uses are specifically prohibited from being established as home occupations in residential zones:
       1. Storage, service or repair of automobiles, trucks, trailers, heavy equipment, boats or marine equipment.
       2. Machine, welding, sheet metal or similar metal working shop.
       3. Cabinet or woodworking shop.
       4. Plumbing, building, electrical or paint contractors storage or repair shop.
       5. Auto wrecking yard or other salvage yard.
5. Standards for mobile home parks. A mobile home park may be permitted as a conditional use when it meets all applicable requirements of Chapter 446, Oregon Revised Statutes, Chapter 814 of the Oregon Administrative Rules Dept. of Commerce and the standards of the Oregon State Board of Health. In addition, the following minimum standards shall apply:
   1. Minimum size of mobile home park: one (1) acre;
   2. Minimum size of each space: three thousand five hundred (3,500) square feet;
   3. Minimum width of space: thirty-five (35) feet;
   4. Minimum distance between mobile home and street right of way: twenty (20) feet;
   5. Minimum distance between mobile home and all other property lines: ten (10) feet;
   6. Minimum distance between mobile homes: ten (10) feet;
   7. Minimum distance between mobile homes and community or service buildings: twenty (20) feet;
   8. Each access road connecting with a public street shall have a surface width of at least thirty (30) feet for a distance of forty (40) feet as measured from the intersection of the public road. All other roads shall have a minimum surface width of at least twenty (20) feet for two-way traffic if parking is prohibited and thirty (30) feet for two-way traffic if parking is allowed on one side;
   9. Developed recreation areas shall be required in parks where mobile home spaces are less than four thousand (4,000) square feet and children under 14 are permitted. Play areas shall have at least one hundred (100) square feet per mobile home space, but regardless of the number of mobile home spaces, shall be no less than two thousand five hundred (2,500) square feet. Play areas shall be restricted to that use and protected from all streets, driveways and parking areas by a fence, or the equivalent thereof, of at least thirty (30) inches in height;
   10. All areas not used for mobile home spaces, motor vehicles, parking, traffic circulation or service or community buildings shall be completely and permanently landscaped. The landscaping shall be maintained in good condition;
   11. Each mobile home space shall have clearly defined boundaries marked by a fence, planting or other suitable means;
   12. Each mobile home space shall have a minimum of two (2) parking spaces;
   13. Each mobile home space shall have electricity, potable water and an approved means of sewage disposal;
   14. Each mobile home space shall have a maximum lot coverage of seventy-five (75) percent;
   15. Accessory buildings or structures including community and service buildings, carports, cabanas and ramadas intended for community use, but excluding signs and fences, shall be at least twenty-five (25) feet from public street right-of-ways;
   16. Screening consisting of a sight-obscuring fence and/or buffer strip of vegetation may be required along all property lines.
6. Standards for Recreational Vehicle Parks. A recreational vehicle park may be permitted as a conditional use when it meets the requirements of Chapter 446, Oregon Revised Statutes, and the standards of the Oregon State Board of Health and the Administrative Rules of the State of Oregon (OAR Chapter 333). In addition, the following minimum standards shall apply:
   1. Minimum size of R.V. park: one (1) acre;
   2. Minimum size of each space: one thousand two hundred (1,200) square feet;
   3. Minimum width of space: twenty (20) feet;
   4. Minimum distance between R.V. and street right-of-way: ten (10) feet;
   5. Minimum distance between R.V. and all other property lines: ten (10) feet;
   6. Minimum distance between R.V.'s: ten (10) feet;
   7. Minimum distance between R.V.'s and community or service buildings: twenty (20) feet;
   8. Each access road connecting with a public street shall have a surface width of at least thirty (30) feet for a distance of forty (40) feet as measured from the intersection of the public road. All other roads shall have a minimum surface width of at least twenty (20) feet, for two-way traffic if parking is prohibited and thirty (30) feet for two-way traffic if parking is allowed on one side. All access roads and parking areas shall be surfaced to minimum City standards and be well-drained and maintained in good condition. Walkways not less than three (3) feet wide will be required to be provided from trailer spaces to community and service buildings. All access roads and walkways shall be well-lighted;
   9. Developed recreation areas may be required to be provided which contain a minimum of two thousand five hundred (2,500) square feet or two hundred (200) square feet per trailer space, whichever requirement is the greater;
   10. All areas not used for R.V. spaces, motor vehicles, parking, traffic circulation or service or community buildings shall be completely and permanently landscaped. The landscaping shall be maintained in good condition;
   11. A sight-obscuring fence and/or buffer strip of vegetation may be required on every side of an R.V. park;
   12. Tent spaces shall be permitted, provided State-approved sanitary facilities are present;
   13. Garbage service shall be provided to the occupants of an R.V. park;
7. Auto wrecking yards/junk yards. In addition to meeting the requirements of ORS Chapters 481 and 377, the following standards shall apply:
   1. The auto wrecking yard or junk yard shall be fully enclosed by a sight-obscuring fence, free of advertising, maintained in good condition, not less than six (6) feet in height, and of a design approved by the Planning Commission.
   2. All automobiles, wrecked or otherwise, shall be kept inside the fenced area at all times, except that vehicles belonging to customers may be parked outside the fence while at the establishment on business.
   3. All sales, display, storage, repair, or other handling of products, merchandise, equipment, and other articles shall occur from within an enclosed building or from within the fenced area.
8. Solid waste disposal sites. In addition to meeting the requirements of ORS Chapter 459 the following standards shall apply:
   1. Submitted plans and specifications shall contain sufficient information to allow the Planning Commission to set standards pertaining to:
      1. Appropriate use of the land;
      2. Set-backs from the property line;
      3. Location on vehicular access points;
      4. Protection of pedestrians and vehicles through the use of fencing;
      5. Rehabilitation of the land upon termination of the operation; and
      6. A copy of the application submitted to the Department of Environmental Quality shall be submitted with the application.
   2. All solid waste disposal areas shall meet standards as established by the Department of Environmental Quality and the Lincoln County Health Department.
   3. Only the sanitary landfill, or other method approved by the Lincoln County Health Department shall be utilized at the solid waste disposal area.
   4. Access to the site shall be by a well-maintained all-weather road.
9. Extraction and processing of rock, sand, gravel, or other earth products:
   1. Submitted plans and specifications shall contain sufficient information to allow the Planning Commission to set standards pertaining to:
      1. The most appropriate use of the land;
      2. Set-back from the property line;
      3. Location of vehicular access points;
      4. Protection of pedestrians and vehicles through the use of fencing;
      5. Prevention of the collection and stagnation of water at all stages of the operation; and
      6. 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, residential or marine 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.
10. Uses and activities involving construction, addition, or reconstruction of a pier, dock, bulkhead, boathouse, or similar facility shall be subject to the standards set forth in the City's estuary management plan.
11. Uses and activities involving filling, dredging, draining, disposal of dredging spoils, and similar activities within or adjacent to the estuary shall be subject to the standards set forth in the City's estuary management plan.
12. Bed and breakfast inns:
    1. All bed and breakfast inns shall be managed by a resident of the dwelling;
    2. Bed and breakfast inns shall be restricted to single-family residences;
    3. No materials or commodities shall be delivered to or from the residence which are of such bulk or quantity as to create congestion;
    4. The exterior of the building must maintain a residential appearance if located in a residential zone. Any changes to the building's exterior must be approved by the City of Waldport Planning Commission prior to issuance of a building permit;
    5. The bed and breakfast inn must be operated in such a manner so as not to cause any unreasonable disturbance to area residents;
    6. Only one on-premise ground or wall non-illuminated wood sign of six (6) square feet maximum size shall be allowed if the bed and breakfast inn is located in a residential zone;
    7. Breakfast shall be the only meal served to inn guests;
    8. Bed and breakfast inns renting out more than two (2) sleeping rooms for guests must be licensed by the County Health Department;
    9. The duration of each guest's stay shall be limited to no more than fifteen (15) nights in a thirty (30) day period;
    10. No more than five (5) sleeping rooms shall be available for the accommodation of inn visitors;
    11. Any increase in occupancy capability shall be subject to review by the Waldport Planning Commission as an expansion of a conditional use permit; and
    12. One (1) off-street parking space shall be provided for owners/operators with one (1) additional space for each authorized guest room. Off-street parking shall be provided in accordance with standards set forth in Section 16.72.020 of this title.
13. Tower Facilities:
    
    Tower facilities are subject to the standards identified below. Requests for exceptions to the standard are subject to Chapter 16.92 Variances. Amateur radio antennae are not considered towers and therefore are not subject to tower facility standards identified in this Section.
    1. Verification/Determination of Actual Need for the Facility. No application for the construction of a new tower shall be approved unless the applicant documents to the satisfaction of the Planning Commission that there is a need for the tower facility and that the construction and operation of the tower facility is in the best interests of the surrounding area or the city as a whole.
    2. Collocation Requirements. No application for the construction of a new tower shall be approved unless the applicant documents to the satisfaction of the Planning Commission that antennae or other transmission and reception devices cannot reasonably be accommodated on an existing tower or structure.
       
       New towers and accessory equipment structures shall be constructed so as to allow two or more users to collocate on the facility. Other providers shall not be prohibited from attaching to existing towers.
    3. Siting. If it is determined that collocation is not an option, new tower facilities shall be sited in accordance with the following prioritized order:
       1. Use of mini cell or similar alternate technology whereby transmission and reception devices are placed on new structures which are consistent in height with and sited similarly to types normally found in the surrounding area, such as telephone, electrical or light poles.
       2. Siting of a new tower in a visually subordinate manner, i.e. the relative visibility of a tower facility does not noticeably contrast with the surrounding landscape. Visually subordinate facilities may be partially visible, but not visually dominant in relation to their surroundings as viewed from residences, highways or other public vantage points.
       3. Siting of a new tower in a visually dominant location, but employing concealment technology. As used in this subparagraph, “concealment technology” means technology through which a tower facility is designed to resemble an object present in the natural environment or to resemble a building of a type typically and customarily found in the area.
    4. Height. The maximum tower height shall not exceed 200 feet from the finished grade at the base of the tower.
    5. Setbacks. Setbacks shall be in accordance with WMC. The Planning Commission may require greater setbacks as a condition of approval.
    6. Design and Construction. New towers shall be designed in such a manner that they blend in with the background around them, using stealth characteristics, i.e. the use of camouflage techniques to disguise or minimize the visual impact of a tower, antennae or other device.
    7. Lighting. No lighting shall be permitted on a tower except as required by the Federal Aviation Administration (FAA).
    8. Signs/Advertising. No advertising or signs of any type are to be placed on a tower at any time except those required or necessary for safety and warnings.
    9. Fencing/Security. For security purposes, towers and accessory facilities shall be enclosed by a minimum six-foot sight-obscuring fence.
    10. Landscaping. All sites shall have sight-obscuring landscaping around the security fence. The Planning Commission shall review and approve the landscaping plan and may require additional landscaping as a condition of approval.
    11. Underground Utilities. All utilities leading to or from a tower facility shall be underground.
    12. Abandoned Towers. All obsolete, damaged, unused, or abandoned towers and accompanying accessory facilities shall be removed by the operator or land owner within 90 days of the cessation of operations.
        
        Upon written application, prior to the expiration of the 90-day period, the City Planner may grant one 90-day time extension for reuse or transfer of the facility. The Planning Commission may approve longer requests.
    13. Interference. The tower shall not interfere with existing communication or electronic devices.
    14. FAA Determination. Prior to the issuance of a building permit, the applicant shall provide a copy of the Federal Aviation Administration (FAA) determination to the City or provide documentation that FAA determination is not required.
14. Townhouses.
    
    The purpose of townhouse developments is to encourage and promote creativity and innovation in site planning, design and development through the application of flexible land development standards. Application of the townhouse development procedure is intended to:
    1. Allow for different ownership patterns by allowing townhouses in certain zones subject to specific development standards, to regulate the development of townhouses, and to outline specific development criteria and design parameters to protect public health, safety, and welfare;
    2. Allow for and encourage development designs which provide suitable recognition of the physical, topographic, cultural, historical and natural resource values and constraints present on a particular site;
    3. Permit greater flexibility in the siting of buildings and other physical improvements and in the mixing of housing types in order to accomplish desirable design objectives; and
    4. Ensure that development occurs in a manner consistent with the intent and purpose of the goals and policies of the Comprehensive Plan. Townhouses are subject to the standards identified below:
       1. Overall residential density shall be as provided for in the applicable use zone or zones, i.e. the maximum number of townhouse dwelling units shall not exceed that allowed by the applicable zone. Density shall be computed based on the total gross land area of the subject property, excluding area devoted to commercial or other nonresidential uses.
       2. Yards, setbacks, lot area, lot width, and lot depth requirements may be reduced, adjusted or otherwise modified. The exception to this is that all perimeter yards of the townhouse development that abut a lot in a residential zone shall adhere to the minimum yard requirements.
       3. The lot coverage for individual lots may exceed the maximum lot coverage of the applicable zone. The maximum lot coverage of the parent lot may not exceed the maximum lot coverage allowed in the underlying zone.
       4. All electric and telephone facilities, fire alarm conduits, street light wiring, and other wiring, conduits and similar facilities shall be placed underground. Satellite dishes, solar panels, and similar facilities that are only able to operate aboveground are exempted from this provision.
       5. The City may require easements necessary for orderly extension of public utilities to future adjacent developments.
       6. Common areas and structures reserved for use by owners or tenants and their guests must be subject to an association of owners or tenants created to form a non-profit corporation under the laws of the State of Oregon. Said association shall be formed and continued for the purpose of maintaining such common areas and structures.
       7. Townhouse developments shall provide sidewalks along street frontages. Sidewalks shall be of a design and location acceptable to the City for the purpose of pedestrian use and drainage control.
       8. Townhouse developments that include division of land are subject to applicable provisions of Chapter 16.100 Land Divisions.