Yachats City Zoning Code
CHAPTER 9
72 CONDITIONAL USES
§ 9.72.010 Authorization to grant or deny conditional use permits.
Conditional uses listed in this title may be permitted, enlarged, altered or denied by the Planning Commission in accordance with the standards and procedures set forth in this chapter.
A.
In taking action on a conditional use permit application, the Planning Commission may either permit or deny the application. The Planning Commission's action must be based on findings addressing the requirements of the comprehensive plan and zoning ordinance, as addressed in Chapter 9.88.
B.
Prior to taking action on a conditional use permit application, the Planning Commission shall consider whether the proposed use complies with the following general standards and criteria:
1.
The proposed use conforms with the Yachats Comprehensive Plan.
2.
The proposed use is consistent with the intended character of the base zone and the operating characteristics of the neighborhood.
3.
The proposed use will be compatible with existing or anticipated uses in terms of size, building scale and style, intensity, setbacks, and landscaping or the proposal mitigates difference in appearance or scale through such means as setbacks, screening, landscaping, or other design features.
4.
The transportation system can support the proposed use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, on-street parking impacts, access requirements, neighborhood impacts and pedestrian safety.
5.
Public services for water, sanitary and storm sewer, water management, and for fire and police protection, can serve the proposed use.
6.
The proposal will not have significant adverse impacts on the livability of nearby residentially zoned lands due to: (a) noise, glare, odor, litter, or hours of operation; (b) privacy and safety issues.
C.
In permitting a conditional use or the modification of a conditional use, other than a manufactured dwelling, manufactured dwelling park or multifamily dwelling, 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 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, walls, drainage 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.
Regulation of noise, vibration, odors and sightliness;
11.
Requiring surfacing of parking areas;
12.
Regulation of hours of operation and duration of use or operation;
13.
Such other conditions as will make possible the development of the City in an orderly and efficient manner and in conformity with the intent and purpose of the Yachats comprehensive plan;
14.
If at any time the standards or requirements for conditional use approval are not followed, a zoning violation will be considered to exist.
D.
In the case of a use existing prior to the effective date of the ordinance codified in 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.
E.
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 improvement 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.
(Ord. 73E § 10.010, 1992; Ord. 175, 1995; Ord. 376, 11/20/2024)
§ 9.72.020 Procedure for taking action on a conditional use application.
A.
A property owner, contract purchaser, etc. may initiate a request for a conditional use by filing an application with the City Recorder.
B.
The application shall consist of a completed conditional use application form signed by the property owner and contract purchaser or agent, if applicable, and a basic or detailed site plan, as specified below.
D.
Basic Site Plan. Two-dimensional plan accurately drawn, clear, measurable, and fully dimensioned, showing the following information:
1.
Written scale, graphic scale, and north arrow.
2.
Property boundaries with dimensions of each boundary.
3.
Building setbacks to property lines.
4.
Required off-street parking spaces and space dimensions.
5.
Required yards, including streetside setback, if applicable.
6.
Driveway and point(s) of ingress and egress.
7.
Existing fences, walls, and hedges at property boundaries.
8.
All zoning tabulations.
E.
Application for approval of all other uses permitted by conditional use shall include submittal of a detailed site plan.
F.
Detailed Site Plan. Two-dimensional plan accurately drawn, clear, measurable, and fully dimensioned, showing the following information:
1.
Date drafted, space(s) for revision date, with north arrow, drawn to scale of one inch equals twenty (1" = 20') feet, unless otherwise approved by the City Planner.
2.
Written and graphic scale, if other than 1" = 20'.
3.
Total gross and net land areas of the entire site. ("Net" is minus the square footage of any land proposed for dedication to the public, not including easements.)
4.
Label and show the lengths of all existing property lines of the development site.
5.
Label and show the zoning designations, property boundaries, land uses, and approximate building locations of all adjacent properties.
6.
Label and show the locations, widths, and names of all existing or platted adjacent public streets, alleys, sidewalks, planter strips, curbs, and other public rights-of-way, and other important features such as City boundary lines.
7.
Either as part of the detailed site plan, or on a separate sheet drawn to the same scale as the site plan, existing site features shall be shown, including ground topography (contours), wooded or naturally vegetated areas, trees of eight inches diameter of breast height (DBH) or greater, floodplains, shorelines, wetlands, riparian corridors, geologic hazard zone, and any existing buildings, roads, trails, fences, or other physical improvements, and all existing easements.
8.
Label and show all existing natural drainage patterns, flow arrows showing existing and proposed drainage patterns, and existing and proposed swales, ditches, or other drainage ways.
9.
Location, dimensions, use, coverage, and height of proposed buildings and proposed improvements in relation to property and street lines. Clearly indicate and label existing and proposed building elements, and their dimensions to adjacent property lines.
10.
Dimensional features showing compliance with the applicable area, width, coverage, yard, vision clearance, natural resource protection standards, and other design standards as specified in this title.
11.
Location, dimension, and arrangements of proposed site elements including sidewalks, parking areas, site access, and interior circulation, off-street loading and unloading, trash disposal areas, and lighting for these areas.
12.
Zoning tabulations based on the underlying zone or zones if split, including minimum lot area and proposed lot area (measured in square feet, or acres if exceeding one acre); maximum gross floor area and proposed gross floor area, if applicable; maximum residential density and proposed residential density (measured in dwelling units per acre), if applicable; minimum yard areas and proposed yard areas; maximum building height and proposed building height, as defined and calculated in accordance with Section 9.52.171 of the Yachats Municipal Code; maximum building and impervious lot coverage and proposed building and impervious lot coverage; and minimum required parking and proposed (off-street) parking.
13.
Location, dimensions, and arrangement of all areas devoted to open space, retention of existing trees and vegetation, proposed ground cover, trees and other native plantings, and recreation.
14.
A copy of the last recorded subdivision plan of which the property is part.
15.
Locations and designs of all on-site and off-site improvements related to access control and traffic capacity.
16.
State or County road approach permit, if applicable.
17.
Any application for conditional use shall be accompanied by fully dimensioned design drawings, elevations, and plans for any proposed principal building or structure, or any addition to an existing principal structure. Drawings shall provide building height, materials, and colors to be used.
G.
In the case where any or all of the above are unnecessary as in the case of a change of use in an existing structure, the City Planner shall determine which items in subsection (F)(1) through (17) of this section will not be required for application. The Planning Commission may request additional items if they determine that these additional items are necessary to understand and make a decision on the application.
(Ord. 73E § 10.020, 1992; Ord. 376, 11/20/2024)
§ 9.72.030 Building permit for an approved conditional use.
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 change in the approved plan shall be submitted to the City Recorder as a new application for conditional use.
(Ord. 73E § 10.030, 1992)
§ 9.72.040 Time limit on a conditional use permit.
Authorization of a conditional use shall be void after one year 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 six months on request.
(Ord. 73E § 10.040, 1992)
§ 9.72.050 Standards and procedures governing conditional uses.
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 Requirements. Clubs, lodges or fraternal organizations in an R-4 zone, and community swimming pools and buildings housing recreational facilities in a residential zone, shall be located no closer than 30 feet from any other lot in a residential zone.
B.
Standards for public utility facilities such as electric substation or transformer, public water supply reservoir or pumping station, or public 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;
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.
C.
Standards for a Home Occupation.
1.
The home occupation shall be secondary to the main use of the property as a residence.
2.
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.
3.
No persons other than those residing in the dwelling are to be engaged in the home occupation unless authorized by the Planning Commission through a conditional use permit.
4.
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, or, if detached from the building, shall not be located in a required front or street side yard.
5.
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, hazardous or toxic chemicals, interference with radio or television reception, or other factors.
6.
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.
7.
No parking of vehicles in a manner or frequency so as to cause disturbance or inconvenience to nearby residents shall be allowed.
8.
A valid business license from the City shall be required.
9.
If the applicant certifies in writing that the home occupation meets all of the above standards, the City Planner or designee may authorize the licensing of the home occupation and waive the conditional use permit requirement. Such license shall be subject to annual review.
D.
Standards for Bed and Breakfast Facilities.
1.
A bed and breakfast facility must be in a one-family dwelling.
2.
A maximum of five bedrooms may be rented.
3.
The facility shall be the residence of the operator, who is the owner or lease holder of the building.
4.
A resident relief manager may be employed for no more than five months per year, unless approved by the Planning Commission.
5.
Rooms may not be rented for more than seven consecutive days, and no more than 15 days per person in any 30 day period.
6.
The exterior of the building shall maintain a residential appearance.
7.
A morning meal must be served on premises and included within the room charge for guests of the facility and shall be the only meal provided.
8.
The facility must meet applicable County and State health, safety (including, but not limited to, the Uniform Building Code requirements concerning maximum occupancy) and liability requirements.
9.
An externally illuminated sign will be permitted on premises with a maximum area of three square feet, subject to approval by the Planning Commission.
10.
One off-street parking space will be required for each rented bedroom, in addition to the number of spaces required for each dwelling unit.
11.
A conditional use permit approved for a bed and breakfast facility will be reviewed by the City Planner at the end of each calendar year and the permit renewed for an additional year if permit conditions have been met. The permit may be withdrawn by the Planning Commission if it is determined that the conditions of the permit have been violated after reviewing written complaints and the staff report. The operator of a facility will be notified by the City in writing prior to the Planning Commission determination to allow the operator to appear and show cause why the conditional use permit should not be withdrawn.
E.
Standards for Formula Businesses.
1.
An approved formula business shall only be for one of the uses listed in Section 9.28.020(V).
2.
A formula business must demonstrate compliance with the criteria listed in this subsection in addition to all other applicable conditional use criteria contained in Section 9.72.050.
3.
The applicant shall demonstrate in its application materials that:
a.
The building has been designed to be consistent with and to preserve the City's small-town, coastal community character.
b.
The building scale as compared to surrounding development is compatible.
c.
Precautions have been taken to minimize adverse impacts of development and operation on the natural setting and abutting properties; and
d.
The business meets the goals of the City's Comprehensive Plan, as applicable.
F.
Standards for Light Industrial.
1.
Manufacturing, fabricating, or assembling shall occur within an enclosed building.
2.
Goods manufactured, fabricated, or assembled shall be offered for retail sale on the premises with dedicated retail space occupying a minimum 20% of the building.
3.
Outdoor storage shall be on the side or rear of the building, and shall be screened with a screening buffer (see definition in YMC Section 9.04.030).
4.
Employee parking and loading area shall be located on the side or rear of the building.
(Ord. 73E § 10.050, 1992; Ord. 73J, 1995; Ord. 175, 1995; Ord. 198 §§ 1, 2, 1997; Ord. 323, 2013; Ord. 348 § 4, 2017; Ord. 354 § 3, 2018; Ord. 372, 8/16/2024; Ord. 376, 11/20/2024)
§ 9.72.060 Standards for conditional uses in the estuary natural zone.
The conditional use standards in this section shall be applied by the City during its review of State and Federal permit applications for conditional uses in the estuary natural zone.
In taking action on a conditional use in the estuary natural zone, the City may consult any State, Federal or local agency it feels appropriate for consultation and advice.
A.
Dredging and Fill.
1.
Dredging and fill shall only be permitted in conjunction with the following uses:
2.
The above-mentioned dredging or fill in aquatic areas shall be allowed only:
a.
If required for water-dependent uses that require an estuarine location or for a use specifically allowed in the zone;
b.
If a need (i.e., a substantial public benefit) is demonstrated and the use or alteration does not unreasonably interfere with public trust rights;
c.
If no feasible alternative upland locations exist; and
d.
If adverse impacts are minimized.
3.
Adverse impacts of dredging and fill shall be minimized by application of the following requirements:
a.
A demonstration shall be made that the dredging or fill is the minimum necessary to accomplish the proposed use. This must be attested to by a State of Oregon registered professional engineer or engineering hydrologist.
b.
Dredging and fill shall meet all requirements of the State Fill and Removal Law (ORS 541.605 through 541.665), Section 10 of the Rivers and Harbors Act of 1899 and the Clean Water Act. These requirements shall be enforced by State and Federal agencies with regulatory authority over dredging and fill projects.
c.
Dredging and fill shall be timed in order to minimize the effects of sedimentation and turbidity and to minimize impacts on fish, shellfish, and recreational and commercial fishery activities. The work periods specified in the Oregon Guidelines for Timing of In-Water Work to Protect Fish and Wildlife Resources (ODFW, 1976) shall be followed unless approval of alternative work periods has been obtained from ODFW.
d.
The Planning Commission may require a report from a licensed engineer or hydrologist to demonstrate that the proposed dredging or fill will not alter water circulation patterns in a manner that will increase erosion, sedimentation or flood hazards on nearby areas.
e.
Dredge or fill in intertidal or tidal marsh areas shall be subject to the requirements for mitigation in the State Fill and Removal law (ORS 541-605 through 541.665). These requirements shall be administered by the Division of State Lands.
4.
Proposals for dredging and fill shall include the following information. This requirement may be waived by the City if equivalent information is included as part of the State and Federal permit application:
a.
The source of the applicant's right to conduct the proposed dredging or fill;
b.
A legal description of the area where the proposed dredging or fill will occur;
c.
A map or diagram showing the location and extent of the proposed dredging or fill;
d.
A description of the dredging methods which will be used or the type of fill material which will be used;
e.
The time when the project is scheduled to begin and to be completed;
f.
Location of dredged material disposal sites. Dredged material shall be deposited behind a watertight berm to avoid any sloughing and to stabilize the area.
B.
In-Water Structures.
1.
In-water structures such as bridge crossing support structures, submerged cable, sewer line, water line, or other pipeline, and other uses or activities which could alter the estuary shall be allowed only if:
2.
Adverse impacts of in-water structures shall be minimized through application of the following requirements:
a.
In-water structures shall be the minimum size necessary to accomplish the proposed use, and shall occupy the minimum amount of estuarine surface area.
b.
The structure will not interfere with the normal public use of fishery, recreation or water resources.
c.
The Planning Commission may require a report from a licensed engineer or hydrologist to demonstrate that the proposed structure will not alter water circulation patterns in a manner that will increase erosion, sedimentation or flood hazards on nearby areas.
d.
In-water structures shall meet applicable requirements of Section 10 of the Rivers and Harbors Act of 1899 and the Clean Water Act. These requirements shall be enforced by the U.S. Army Corps of Engineers.
e.
Construction shall be timed in order to minimize the effects of sedimentation and turbidity and to minimize impacts on fish, shellfish, and recreational and commercial fishery activities. The work periods specified in the Oregon Guidelines for Timing of In-Water Work to Protect Fish and Wildlife Resources (ODFW, 1976) shall be followed unless approval of alternative work periods has been obtained from ODFW.
3.
Proposals for in-water structures shall include the following information. This requirement may be waived by the City if equivalent information is included as part of the State and Federal permit applications:
a.
The source of the applicant's right to construct the proposed structure;
b.
A legal description of the area where the proposed construction will occur;
c.
A map or diagram showing the location and extent of the proposed structure;
d.
A description of the construction methods which will be used;
e.
The time when the project is scheduled to begin and to be completed.
C.
Temporary Alterations.
1.
Temporary alterations may be allowed only in conjunction with a use which is allowed in the estuary natural zone.
2.
Temporary alterations may not be for more than three years, and the area must be restored to its original condition.
3.
Short-term damage to resources must be consistent with the resource capabilities of the area.
D.
E.
Resource Capabilities Test for Estuarine Natural Management Units.
1.
The conditional uses in the estuary natural zone are permitted as long as the uses are consistent with the resource capabilities of the area, as defined in Section 9.04.030, and the purpose of the natural management unit. Technical review of a proposed conditional use shall ensure that, if approved, the use will be consistent with resource values.
2.
A determination of consistency with resource capability shall be based on:
a.
Identification of resources existing at the site, including environmental (e.g., aquatic life and habitat present, benthic population, migration routes) and social and economic factors (e.g., public access);
b.
Evaluation of impacts on those resources by the proposed use;
c.
Determination of whether the resources can continue to achieve the purpose of the management unit if the use is approved.
3.
If available, information from Federal environmental impact statements or assessments, or other environmental information may be used to satisfy requirements listed in subsection (E)(2)(a) and (b) of this section.
(Ord. 73E § 10.060, 1992; Ord. 175, 1995)