The purpose of this chapter is to provide standards and procedures under which conditional uses may be permitted, enlarged, or altered if the site is appropriate and if other conditions can be met. (Ord. 1589 § 1 (Exh. A), 2010; Ord. 1745 § 1 (Exh. A), 2023)

A.    Conditional use applications shall be decided by the Planning Commission in the manner set forth in CDC 99.060(B). A petition for review by the Council may be filed as provided by CDC 99.240(B).

B.    All approved conditional use applications in new buildings, or buildings with a major modification, shall be subject to design review under the provisions of Chapter 55 CDC, and in the manner set forth in CDC 99.060(B).

1.    Except where stated otherwise in the base zone requirements of other applicable development standards.

C.    All approved conditional use applications within existing buildings shall not be subject to design review. (Ord. 1635 § 28, 2014; Ord. 1736 § 1 (Exh. A), 2022; Ord. 1745 § 1 (Exh. A), 2023)

Approval of a conditional use that required a design review shall be subject to the time limitations set forth in CDC 55.040. Approval of a conditional use that did not require design review shall be void unless either the use is commenced or an extension is granted per CDC 99.325 within three years of the approval. (Ord. 1408, 1998; Ord. 1589 § 1 (Exh. A), 2010; Ord. 1604 § 61, 2011; Ord. 1745 § 1 (Exh. A), 2023)

Building permits for all or any portion of a conditional use shall be issued only on the basis of the conditional use plan and conditions as approved by the Planning Commission. (Ord. 1622 § 21, 2014; Ord. 1745 § 1 (Exh. A), 2023)

A.    A conditional use application shall be initiated by the property owner or the owner’s authorized agent.

B.    A prerequisite to the filing of an application is a pre-application conference at which time the Director shall explain the requirements and provide the appropriate forms as specified in CDC 99.030(B) and (C).

C.    A prerequisite to the filing of an application is a meeting with the respective City-recognized neighborhood association, per CDC 99.038, at which time the applicant will present their proposal and receive comments.

D.    An application for a conditional use shall include the completed application form and:

1.    A narrative which addresses the approval criteria set forth in CDC 60.070 and which sustains the applicant’s burden of proof;

2.    A site plan as provided by CDC 60.080; and

3.    If site modification or construction is proposed, a storm detention and treatment plan and narrative pursuant to CDC 92.010(E).

One original application form must be submitted. One copy at the original scale and one copy reduced to 11 inches by 17 inches or smaller of all drawings and plans must be submitted. One copy of all other items must be submitted. The applicant shall also submit one copy of the complete application in a digital format acceptable to the City. When the application submittal is determined to be complete, additional copies may be required as determined by the Community Development Department.

E.    The applicant shall pay the requisite fee. (Ord. 1401, 1997; Ord. 1442, 1999; Ord. 1621 § 25, 2014; Ord. 1622 § 16, 2014; Ord. 1662 § 13, 2017; Ord. 1745 § 1 (Exh. A), 2023)

A.    The Planning Commission shall approve, approve with conditions, or deny an application for a conditional use, except for a manufactured home subdivision in which case the approval standards and conditions shall be those specified in CDC 36.030, or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria:

1.    The site size and dimensions provide:

a.    Adequate area for the needs of the proposed use; and

b.    Adequate area for aesthetic design treatment to mitigate any possible adverse effect from the use on surrounding properties and uses.

2.    The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features.

3.    The granting of the proposal will produce a facility that provides an overall benefit to the City.

4.    Adequate public facilities will be available to provide service to the property at the time of occupancy. In situations where the level-of-service or volume-to-capacity performance standard for an affected City or State roadway is currently failing or projected to fail to meet the standard at a date determined within a traffic impact analysis, and an improvement project is not programmed, the development shall avoid further degradation of the affected transportation facility. Mitigation must be provided to bring the facility performance standard to existing conditions at the time of occupancy.

5.    The applicable requirements of the zone are met, except as modified by this chapter.

6.    The supplementary requirements set forth in Chapters 52 to 55 CDC and CDC 92.010(E) are met, if applicable.

7.    The use will comply with the applicable policies of the Comprehensive Plan.

B.    An approved conditional use or enlargement or alteration of an existing conditional use shall be subject to the development review provisions set forth in Chapter 55 CDC.

C.    The Planning Commission may impose conditions on its approval of a conditional use which it finds are necessary to assure the use is compatible with other uses in the vicinity. These conditions may include, but are not limited to, the following:

1.    Limiting the hours, days, place, and manner of operation.

2.    Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor, and dust.

3.    Requiring additional setback areas, lot area, or lot depth, or width.

4.    Limiting the building height, size or lot coverage, or location on the site.

5.    Designating the size, number, location and design of vehicle access points.

6.    Requiring street right-of-way to be dedicated and the street to be improved including all steps necessary to address future street improvements identified in the adopted Transportation System Plan.

7.    Requiring participation in making the intersection improvement or improvements identified in the Transportation System Plan when a traffic analysis (compiled as an element of a conditional use application for the property) indicates the application should contribute toward.

8.    Requiring landscaping, screening, drainage, and surfacing of parking and loading areas.

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

10.    Limiting or setting standards for the location and intensity of outdoor lighting.

11.    Requiring berming, screening, or landscaping and the establishment of standards for their installation and maintenance.

12.    Requiring and designating the size, height, location, and materials for fences.

13.    Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, and drainage areas.

D.    Aggregate extraction uses shall also be subject to the provisions of ORS 541.605.

E.     The Historic Review Board shall review an application for a conditional use, or to enlarge a conditional use on a property designated as a historic resource, based on findings of fact that the use will:

1.    Preserve or improve a historic resource which would probably not be preserved or improved otherwise; and

2.     Utilize existing structures rather than new structures. (Ord. 1291, 1987; Ord. 1408, 1998; Ord. 1544, 2007; Ord. 1614 § 13, 2013; Ord. 1655 § 7, 2016; Ord. 1662 § 14, 2017; Ord. 1745 § 1 (Exh. A), 2023)

A.    All site plans and maps shall include the name, address, and telephone number of the applicant, the scale of the site plan, north arrow, and a vicinity map.

B.    The applicant shall submit a site plan drawn to an appropriate scale (in order of preference, one inch equals 10 feet to one inch equals 30 feet) which contains the following information:

1.    The subdivision name, block, and lot number or the section, township, range, and tax lot number.

2.    The lot or parcel boundaries, dimensions, and gross area.

3.    The applicant’s property and the surrounding property to a distance sufficient to determine the relationship between the applicant’s property and proposed development to the adjacent property and development.

4.    The location, dimensions, and names of all existing and platted streets and other public ways and easements on adjacent property and on the site.

5.    The location, dimensions, and setback distances of all:

a.    Existing structures, improvements, utilities, and drainage facilities on adjoining properties;

b.    Existing structures, improvements, utilities, and drainage facilities to remain on the site; and

c.    Proposed structures or changes to existing structures, improvements, utilities, and drainage facilities.

6.    The existing and proposed dimensions of:

a.    The entrances and exits to the site;

b.    The parking and circulation areas;

c.    Loading and service areas for waste disposal, loading and delivery;

d.    Pedestrian and bicycle circulation area;

e.    On-site outdoor recreation spaces and common areas; and

f.    Above-ground utilities.

7.    The location of areas to be landscaped and the proposed landscape plan.

8.    The location of all trees having a six-inch caliper at a height of five feet.

C.    The applicant shall submit the site plan on a map showing two-foot contours up to 20 percent grade and 10-foot contours on grades above 20 percent. (Ord. 1636 § 43, 2014; Ord. 1745 § 1 (Exh. A), 2023)

A.    Construction, reconstruction, or widening of highways, roads, bridges or other transportation facilities that are (1) not designated in the adopted West Linn Transportation System Plan (“TSP”) or (2) not designed and constructed as part of an approved, active, development order are allowed in all zoning districts subject to the conditional use and all other applicable provisions of the CDC and satisfaction of all of the following criteria:

1.    The project and its design are consistent with West Linn’s adopted TSP, with the State Transportation Planning Rule (OAR 660-012), and with the adopted Regional Transportation Plan (RTP).

2.    The project design is compatible with abutting land uses in regard to noise generation and public safety and is consistent with the applicable zoning and development standards and criteria for the abutting properties.

3.    The project design minimizes environmental impacts to identified wetlands, wildlife habitat, air and water quality, cultural resources, and scenic qualities, and a site with fewer environmental impacts is not reasonably available.

4.    The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.

5.    The project includes provisions for bicycle and pedestrian access and circulation consistent with the comprehensive plan, the requirements of this chapter, and the TSP.

B.    State transportation system facility or improvement projects. The State Department of Transportation (“ODOT”) shall provide a narrative statement with the application demonstrating compliance with all of the criteria and standards in subsections (A)(1) through (5) of this section. Where applicable, an environmental impact statement or environmental assessment may be used to address one or more of these criteria.

C.    Proposal inconsistent with TSP/TPR. If the City determines that the proposed use or activity or its design is inconsistent with the TSP or TPR, then the applicant shall apply for and obtain a plan and/or zoning amendment prior to or in conjunction with conditional use permit approval. (Ord. 1584, 2008; Ord. 1650 § 1 (Exh. A), 2016; Ord. 1745 § 1 (Exh. A), 2023)

Schools and other government facilities that attract a regular and significant volume of users shall, to the greatest extent possible, be centrally located relative to the majority of the population that they will serve and be serviceable by sidewalks and bike routes/lanes. Police and fire stations shall meet these standards to the greatest extent possible but it is acknowledged that access to arterials remains a key locational determinant for those uses. (Ord. 1590 § 1, 2009; Ord. 1745 § 1 (Exh. A), 2023)