Yamhill City Zoning Code
CHAPTER 10
104 CONDITIONAL USES
§ 10.104.010 Authority to Grant or Deny Conditional Uses.
Conditional uses listed in this title may be permitted, enlarged or otherwise altered upon authorization by the Planning Commission in accordance with the standards and procedures set forth in this chapter. Specific conditional uses may be permitted in accordance with Chapter 10.108.
(Ord. 454 §2, 2000)
§ 10.104.020 Application and Processing Procedure.
An application for a conditional use shall be filed in accordance with the provisions of Chapter 10.128 of this title.
(Ord. 454 §2, 2000)
§ 10.104.030 Circumstances for Granting Conditional Uses.
The Planning Commission may prescribe restrictions or limitations for the proposed conditional use. Any reduction or change of the requirements of the title must be considered as varying the title and must be requested and viewed as such. The Planning Commission shall impose conditions only after it has determined that such conditions are necessary for the public health, safety and general welfare, or to protect persons or improvements in the area. The Planning Commission may prescribe such conditions it deems necessary to fulfill the purpose and intent of this title. The Planning Commission shall analyze the following criteria and incorporate such into their decision:
(A)
There is a public need for the conditional use;
(B)
There is an inadequacy of other property to satisfy the public need;
(C)
The conditional use conforms to the Comprehensive Plan, all other provisions of this title, and any applicable street or highway plans;
(D)
The site for the proposed use is adequate in size and shape to accommodate said use of all yards, spaces, walls and fences, parking, loading, landscaping and other features required to incorporate said use with land uses in the neighborhood;
(E)
The site for the proposed use related to streets and highways is adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;
(F)
The proposed use will have minimal adverse affect on abutting property or the permitted uses thereof; and
(G)
The conditions stated in the decision are deemed necessary to protect the public health, safety and general welfare.
(Ord. 454 §2, 2000)
§ 10.104.035 Criteria for Approval of Medical Marijuana Dispensary.
(A)
The lot on which the business is proposed shall only be located on property zoned and classified as Commercial Business, Commercial Industrial, or General Industrial;
(B)
The business shall be located in a permanent building and may not locate in a trailer, cargo container or motor vehicle;
(C)
The lot is not within 1,000 feet of any lot upon which there is located an educational institution primarily attended by minors;
(D)
The lot is not within 1,000 feet of any lot upon which there is located another marijuana dispensary business;
(E)
No marijuana dispensary business, as defined in this chapter, shall have operating hours earlier than eight a.m. or later than eight p.m. of the same day;
(F)
Cultivation or infusion of medical marijuana at the site of the dispensary is prohibited;
(G)
The business shall provide for secure disposal of marijuana remnants or by-products; such remnants or by-products shall not be placed within the facility's exterior refuse containers;
(H)
Drive-through services are prohibited.
(Ord. 508 §3, 2015)
§ 10.104.040 Effective Date of Approval.
If no public hearing is held by the City Council, the conditional use shall be effective 15 days from the date of the decision by the Planning Commission.
(Ord. 454 §2, 2000)
§ 10.104.050 Appeals.
A conditional use decision of the Planning Commission may be appealed pursuant to the provisions of Section 10.128.190.
(Ord. 454 §2, 2000)