City of Molalla, OR Chapter 17-4.4 CONDITIONAL USE PERMITS

§ 17-4.4.010 Purpose.

There are certain uses which, due to the nature of their impacts on surrounding land uses and public facilities, require a case-by-case review and analysis. Conditional uses are identified in Chapter 17-2.2 Zoning District Regulations. The purpose of this chapter is to provide procedures and standards for permitting conditional uses.

(Ord. 2017-08 §1)

§ 17-4.4.020 Approvals Process.

The Planning Commission using a Type III procedure, per Section 17-4.1.040, reviews conditional use applications. The Planning Commission may require annual, or less frequent, renewal of conditional use permits. Modifications to conditional use permits are subject to Chapter 17-4.5 Modifications to Approved Plans and Conditions.

(Ord. 2017-08 §1)

§ 17-4.4.030 Application Submission Requirements.

In addition to the submission requirements for a Type III review under Section 17-4.1.040, applications for conditional use permits shall include a description of existing conditions, a site plan, and information on any existing and any proposed restrictions or covenants. (For a more detailed description of each item, please refer to Section 17-4.2.040 Application Submission Requirements.) An application for a conditional use permit shall also contain a narrative report or letter responding to the applicable approval criteria in Section 17-4.4.040.

(Ord. 2017-08 §1)

§ 17-4.4.040 Criteria, Standards, and Conditions of Approval.

The Planning Commission shall approve, approve with conditions, or deny an application for a conditional use, including requests to enlarge or alter a conditional use, based on findings of fact with respect to all of the criteria and standards in subsections A and B.

A. Use Criteria.

1. The site size, dimensions, location, topography, and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations;

2. The negative impacts of the proposed use, if any, on adjacent properties and on the public can be mitigated through application of other code standards, or other reasonable conditions of approval;

3. All required public facilities, including water, sanitary sewer, and streets, have adequate capacity or are to be improved to serve the proposal, consistent with City standards; and

4. A conditional use permit shall not allow a use that is prohibited or not expressly allowed under Division II; nor shall a conditional use permit grant a variance without a variance application being reviewed with the conditional use application.

B. Conditions of Approval. The City may impose conditions that are found necessary to ensure that the use is compatible with other uses in the vicinity, and that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions include, but are not limited to, one or more of the following:

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

2. Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor, and/or dust;

3. Requiring larger setback areas, lot area, and/or lot depth or width;

4. Limiting the building or structure height, size, lot coverage, and/or location on the site;

5. Designating the size, number, location, and/or design of vehicle access points or parking and loading areas;

6. Requiring street right-of-way to be dedicated and street improvements made, or the installation of pathways or sidewalks, as applicable;

7. Requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas;

8. Limiting the number, size, location, height, and/or lighting of signs;

9. Limiting or setting standards for the location, type, design, and/or intensity of outdoor lighting;

10. Requiring berms, screening, or landscaping and the establishment of standards for their installation and maintenance;

11. Requiring and designating the size, height, location, and/or materials for fences;

12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands;

13. Requiring improvements to water, sanitary sewer, or storm drainage systems, in conformance with City standards; and

14. The Planning Commission may require review and renewal of conditional use permits annually or in accordance with another timetable. Where applicable, the timetable shall provide for periodic review and renewal, or expiration, of the conditional use permit to ensure compliance with conditions of approval; such period review may occur through a Type III review process, except where the Planning Commission delegates authority to the Planning Official to issue renewals, who shall do so through a Type I or Type II procedure (see Chapter 17-4.1 for review procedures).

(Ord. 2017-08 §1)