Pilot Rock, Oregon

5.10 Authorization to Grant or Deny Conditional Uses.

A Conditional Use listed in this Ordinance shall be permitted, altered or denied in accordance with the standards and procedures of this Article. In the case of a use existing prior to the effective date of this Ordinance and classified in this Ordinance as a Conditional Use, a change in the use or in lot area or an alteration of structure shall conform with the requirements for a Conditional Use. A Conditional Use proposal shall be approved by the Planning Commission if the following standards are either met, can be met by observance or conditions, or are found not applicable.

1. The use will be consistent with the comprehensive plan, the zoning ordinance and other applicable policies of the City.
2. Taking into account location, size, design, and operating characteristics, the use shall not unreasonably interfere. with continuation of existing uses or uses allowed outright on abutting properties.
3. The use will not have a significant adverse impact on public facilities, including but not limited to streets, sewer, water facilities, such as the traffic generated by the use surpassing the capacity of the street serving the use.
4. The design will preserve environmental assets such as trees, watercourses, historic, and archeological sites, and similar irreplaceable assets of particular interest to the community.
5. Shall not impose an undue burden on the public transportation system. For developments that are likely to generate more than 400 average daily motor vehicle trips (ADTs), the applicant shall provide adequate information, such as a traffic impact study or traffic counts, to demonstrate the level of impact to the surrounding street system. The developer shall be required to mitigate impacts attributable to the project. The determination of impact or effect and the scope of the impact study should be coordinated with the provider of the affected transportation facility.
6. Shall require dedication of land for streets, transit facilities, sidewalks, bikeways, paths, or accessways shall be required where the existing transportation system will be impacted by or is inadequate to handle the additional burden caused by the proposed use.
7. Shall Require improvements such as paving, curbing, installation or contribution to traffic signals, construction of sidewalks, bikeways, accessways, paths, or streets that serve the proposed use where the existing transportation system may be burdened by the proposed use.

5.20 Placing Conditions on a Permit.

In permitting a new conditional use or the alteration of an existing conditional use, the Planning Commission may impose conditions which it finds necessary and reason­able to minimize conflict between the proposed use and existing uses or uses permitted outright. The use shall be subject to design review and approval before construction. These conditions may include the following:

1. Limiting the manner in which the use is conducted, including restricting the time a commercial activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor.
2. Establishing a special yard or other open space or lot area or dimension.
3. Limiting the height, size or location of a building or other structure.
4. Designating the size, number, location and nature or vehicle access points and off-street parking spaces.
5. Increasing the amount of street dedication, roadway width or improvement within the street right-of-way.
6. Designating the size, location, screening, drainage, surfacing or other improvement of a parking area or truck loading area.
7. Limiting or otherwise designating the number, size, location, height and lighting of signs.
8. Limiting or otherwise designating the location and intensity of outdoor lighting and requiring it’s shielding.
9. Requiring diking, screening, landscaping or another facility to protect adjacent or nearby property and designating standards for its installation and maintenance.
10. Designating the size, height, location and materials for a fence.
11. Measures to protect and preserve existing trees, vegetation, water resources, wildlife habitat or significant natural resource.
12. Requiring a children's play area or outdoor recreation area or both in the case of a multiple-family dwelling or a recreational vehicle park of 10 or more units.
13. Requiring payment of a fair share of the cost for improvement of a street, water and sewer lines serving the site or participation in an improvement district established to provide city facilities and services to an area including the site.
14. Other reasonable measures to permit the development of the City in conformity with the intent and purpose of the conditional classification of uses.

5.30 Application for a Conditional Use

1. A request for a Conditional Use or modification of an existing Conditional Use may be initiated by a property owner or authorized agent of the owner by filing an application with the City Recorder in accordance with Article 12. In addition to the requirements of Article 12, the applicant must show that the proposed Condi­tional Use reasonably meets the need recognized by the Ordinance.
2. In addition to filing an application, the Planning Commission or City Council may require the applicant to post bond up to the amount of the cost of meeting conditions specified by this Ordinance or by the Planning Commission or City Council. The bond shall be returned upon proof by the applicant that the conditions and standards have been met. If the conditions and standards required are not met within one year, the bond shall be forfeited and the City may institute proceedings under Article 13 of this Ordinance.

5.40 Procedure for Taking Action on a Conditional Use Application.

The procedure for taking action on a Conditional Use application shall be as follows.

5.41 Application Review.

Upon receipt of the application the City Recorder shall provide copies of the application material to the Planning Commission members.

5.42 Planning Commission Review.

The Planning Commission shall review the application at its next regular meeting and approve, modify or deny the application. The Planning Commission shall adopt findings of fact and conclusions of law to support their decision.

5.43 Public Hearing.

Before the Planning Commission may act on an application for a Minor or Major Conditional Use, a public hearing shall be held as provided in Section 12.21(l) for Minor Conditional Uses and Section 12.21(2) for Major Conditional Uses. The procedures found in Section 12.30 shall be used for conduct of all Conditional Use hearings.

5.44 Notice to Applicant of Action Taken.

Following the close of the hearing the City Recorder shall provide the applicant with written notice of the action taken as provided in Article 12.

5.45 Right of Appeal.

A decision by the Planning Commission on a minor or major conditional use may be appealed pursuant to the requirements of Article 12 of this Ordinance.

5.46 Recommended Regulations to Provide Notice to Public Agencies.

Review of land use actions is typically initiated by a Notice. This process is usually defined by a Procedures Ordinance or Noticing Policy. This Ordinance or Policy should be amended to provide for Notice to ODOT regarding any land use action on or adjacent to a State facility. Similarly, all actions by a city or county potentially affecting another jurisdiction's road should require notice to that jurisdiction's public works department. In addition, the policy should be to notice providers of public transit and special interest transportation groups such as truckers, railroad, bicyclists, pedestrians, and the disabled on any roadway or other transportation project.

1. Information that should be conveyed to reviewers includes:
   1. Project location.
   2. Proposed land use action.
   3. Location of project access point(s).
2. Additional information that could be supplied to the review upon request (provided the information is available) includes a site plan showing the following:
   1. Distances to neighboring constructed access points, median openings, traffic signals, intersections, and other transportation features on both sides of the property;
   2. Number and direction of lanes to be constructed on the driveway, plus striping plans;
   3. All planned transportation features (lanes, signals, bikeways, sidewalks, crosswalks, etc.);
   4. Trip generation data or appropriate traffic studies;
   5. Parking (motor vehicle and bicycle) and internal circulation plans for vehicles and pedestrians;
   6. Plat map showing property lines, right-of-way, and ownership of abutting properties; and
   7. A detailed description of any requested variance.

5.50 Time Limit on a Permit for a Conditional Use.

A Conditional Use permit shall be void after one year or such lesser time as the permit may specify unless 20% of the total estimated project cost has occurred or the proposed use has occurred. However, the Planning Commission may extend authorization for an additional period not to exceed one year, on request from the applicant. The total time allowed shall not exceed two years from the original approval date.

5.51 Time Limitation on Transportation-Related Conditional Use Permits.

Authorization of a conditional use shall be void after a period specified by the applicant as reasonable and necessary based on season, right-of-way acquisition, and other pertinent factors. This period shall not exceed three years.

5.60 Time Limit on Reapplication.

No application for a Conditional Use Permit shall be considered by the Planning Commission within one year of the denial of the request, unless in the opinion of the Planning Commission new evidence or a change of circumstances warrant it.

5.70 CONDITIONS FOR GRANTING AMENDMENTS.

All development proposals, plan amendments or zone changes shall conform with the adopted Transportation System Plan. In addition, the applicant must show that the proposed change conforms with the Comprehensive Plan.

1. Amendments to the comprehensive plan and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function, capacity, and level of service of the facility identified in the Transportation System Plan. This shall be accomplished by one of the following:
   1. Limiting allowed land uses to be consistent with the planned function of the transportation facility;
   2. Amending the Transportation System Plan to ensure that existing, improved, or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule; or,
   3. Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes.
2. A plan or land use regulation amendment significantly affects a transportation facility if it:
   1. Changes the functional classification of an existing or planned transportation facility;
   2. Changes standards implementing a functional classification system;
   3. Allows types or levels of land use that would result in levels of travel or access that are inconsistent with the functional classification of a transportation facility; or
   4. Would reduce the level of service of the facility below the minimum acceptable level identified in the Transportation System Plan.