The purpose of the conditional use process is to allow, when desirable, uses that would not be appropriate throughout a zoning district or without restrictions in that district, but would be beneficial to the City if their number, area, location, design, and relation to the surrounding property are controlled.
A. 
A new, enlarged or otherwise altered development listed in this Code as a conditional use shall be approved or denied by the Planning Commission under the procedure in this chapter. The Planning Commission shall base its decision on whether the use complies with:
1. 
Applicable policies of the Comprehensive Plan.
2. 
Applicable Columbia River Estuary Aquatic and Shoreland Development Standards, Chapter 16.160.
3. 
For certain uses in Columbia River Estuary aquatic areas, whether the use or activity meets the resource capability and purpose of the zone in which it is proposed when such a determination is required in accordance with Chapter 16.164.
4. 
For certain activities in Columbia River Estuary aquatic areas, the findings of an impact assessment where required by Chapter 16.164.
5. 
Development standards of the applicable zone.
6. 
Basic conditional use standards of this section.
7. 
Appropriate conditional use standards of this section.
B. 
In permitting a conditional use or the modification of an existing conditional use that involves a housing type (e.g. multifamily structure, manufactured dwelling park), the Planning Commission may impose in addition to those standards and requirements expressly specified in the ordinance, conditions which it considers necessary to protect the best interest of the surrounding property or the City as a whole. These additional conditions may include, but are not limited to:
1. 
Controlling the location and number of vehicle access points.
2. 
Increasing the required street width.
3. 
Limiting the number, size, location and lighting of signs.
4. 
Requiring diking, fencing, screening, landscaping, berms, or other items to protect adjacent areas.
5. 
Designating sites for open space.
6. 
Specifying the types of materials to be used.
C. 
In permitting a conditional use or the modification of a conditional use for a use other than a housing type, the Planning Commission may impose in addition to those standards and requirements expressly specified for that use other conditions which are necessary to protect the adjacent property, an identified resource, or the City as a whole. These conditions may include the provisions of paragraphs (B)(1) through (6) of this section. For conditional uses other than a housing type, additional conditions may include, but are not limited to:
1. 
Increasing the required lot size or yard dimensions.
2. 
Reducing the required height and size of buildings.
3. 
Specifying the time of year the activity may occur.
4. 
Completion of a monitoring program.
D. 
In the case of a use existing prior to its present classification as a conditional use, any change in use or in lot area or any alteration of a structure will conform with the requirements dealing with conditional uses.
E. 
The Planning Commission may require that the applicant for a conditional use furnish to the City a performance bond up to, and not to exceed, the value of the cost of the required improvements in order to assure that the conditions imposed are completed in accordance with the plans and specifications as approved by the Planning Commission and that the standards established in granting the conditional use are observed.
A. 
Before a conditional use is approved findings will be made that the use will comply with the following standards:
1. 
The proposed use is in conformance with the Comprehensive Plan.
2. 
The location, size, design and operating characteristics of the proposed use are such that the development will be compatible with, and have a minimal impact on, surrounding properties.
3. 
The use will not generate excessive traffic, when compared to traffic generated by uses permitted outright, and adjacent streets have the capacity to accommodate the traffic generated.
4. 
Public facilities and services are adequate to accommodate the proposed use.
5. 
The site's physical characteristics, in terms of topography, soils and other pertinent considerations, are appropriate for the use.
6. 
The site has an adequate area to accommodate the proposed use. The site layout has been designed to provide for appropriate access points, on-site drives, public areas, loading areas, storage facilities, setbacks and buffers, utilities or other facilities which are required by City ordinances or desired by the applicant.
7. 
The use is appropriate at the proposed location. Several factors which should be considered in determining whether or not the use is appropriate include: accessibility for users (such as customers and employees); availability of similar existing uses; availability of other appropriately zoned sites; and the desirability of other suitably zoned sites for the intended use.
B. 
Transportation System Facilities and Improvements.
1. 
Construction, reconstruction, or widening of highways, roads, bridges or other transportation facilities that are (a) not designated in the City's adopted Transportation System Plan ("TSP"), or (b) not designed and constructed as part of an approved subdivision or partition, are allowed in most districts (see Section 16.20.040 for a list of districts that allow transportation facilities and improvements) subject to a conditional use permit and satisfaction of all of the following criteria:
a. 
The project and its design are consistent with the City's adopted TSP, or, if the City has not adopted a TSP, consistent with the State Transportation Planning Rule, OAR 660-012 ("the TPR").
b. 
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.
c. 
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. The applicant shall document all efforts to obtain a site with fewer environmental impacts, and the reasons alternative sites were not chosen.
d. 
The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.
e. 
The project includes provisions for bicycle and pedestrian access and circulation consistent with the Comprehensive Plan, the requirements of this Development Code, and the TSP or TPR.
2. 
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 this section. Where applicable, an environmental impact statement or environmental assessment may be used to address one or more of these criteria.
3. 
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. The applicant shall choose one of the following options:
a. 
If the City's determination of inconsistency is made prior to a final decision on the conditional use permit application, the applicant shall withdraw the conditional use permit application; or
b. 
If the City's determination of inconsistency is made prior to a final decision on the conditional use permit application, the applicant shall withdraw the conditional permit application, apply for a plan/zone amendment, and re-apply for a conditional use permit if and when the amendment is approved; or
c. 
If the City's determination of inconsistency is made prior to a final decision on the conditional use permit application, the applicant shall submit a plan/zoning amendment application for joint review and decision with the conditional use permit application, along with a written waiver of the ORS 227.178 120-day period within which to complete all local reviews and appeals once the application is deemed complete; or
d. 
If the City's determination of inconsistency is part of a final decision on the conditional use permit application, the applicant shall submit a new conditional use permit application, along with a plan/zoning amendment application for joint review and decision.
4. 
Expiration. A conditional use permit for transportation system facilities and improvements shall be void after two years.
C. 
Drive-Up/Drive-Through Facility.
1. 
Purpose. Where drive-up or drive-through uses and facilities are allowed, they shall conform to all of the following standards, which are intended to calm traffic, provide for adequate vehicle queuing space, prevent automobile turning movement conflicts, and provide for pedestrian comfort and safety.
2. 
Standards. Drive-up and drive-through facilities (i.e., driveway queuing areas, customer service windows, teller machines, kiosks, drop-boxes, or similar facilities) shall meet all of the following standards:
a. 
The drive-up or drive-through facility shall orient to and receive access from a driveway that is internal to the development and not a street, as generally illustrated.
b. 
The drive-up or drive-through facility shall not be oriented to street corner.
c. 
The drive-up or drive-through facility shall not be located within 20 feet of a street right-of-way.
d. 
Drive-up and drive-through queuing areas shall be designed so that vehicles will not obstruct any street, fire lane, walkway, bike lane, or sidewalk.
e. 
Along Highway 101, between SE Marlin and SE Dolphin Avenues, no new drive-up or drive-through facility is allowed within 400 linear feet of another drive-up or drive-through facility, where the existing drive-up or drive-through facility lawfully existed as of the date of an application for a new drive-up or drive-through facility.
(Ord. 1225 § 11, 2019; Ord. 1233 § 2, 2020)
A property owner or designated representative may initiate a request for a conditional use by filing an application with the Community Development Director according to the requirements of Section 16.208.050. In addition, the applicant shall provide any related plans, drawings, and/or information needed to provide background for the request.
A. 
The Planning Commission will consider a conditional use request after holding a public hearing in accordance with the provisions of Section 16.208.050. Where proposed development involves uses or activities in aquatic areas, public notice as required in Section 16.208.050 shall be sent to state and federal agencies with statutory planning and permit authority in aquatic areas, including Oregon Division of State Lands, Oregon Department of Fish and Wildlife, U.S. Fish and Wildlife Service, U.S. Environmental Protection Agency, U.S. Army Corps of Engineers and the National Marine Fisheries Service.
B. 
The Planning Commission will determine whether the evidence supports a finding that requirements of the Comprehensive Plan, Development Code, and other City ordinances have been met. It will approve, approve with conditions, or deny the application according to requirements of Section 16.208.050. Conditional use decisions by the Planning Commission will become final after an elapsed period of 14 days from the date of the decision unless appealed to the City Commission within that 14-day period.
C. 
Notice of the Planning Commission decision will be provided in accordance with Section 16.208.050.
D. 
A decision of the Planning Commission on a conditional use request may be appealed to the City Commission in accordance with Sections 16.208.040 and 16.208.050.
E. 
A request for a conditional use which is not acted upon by the Planning Commission within 75 days from the receipt of the application may be deemed denied and may be appealed to the City Commission.
F. 
The Community Development Director shall forward a copy of the final decision, including findings and required conditions, within seven days, to the appropriate state and/or federal agencies where a use or activity involves a state or federal permit which requires a determination of consistency with the local Comprehensive Plan. The response shall contain a statement of whether or not approval of the permit would be consistent with the Comprehensive Plan, the reasons the development is or is not so considered, and standards and conditions, which should apply if a state or federal permit is granted.
Compliance with conditions established for a conditional use and adherence to the submitted plans as approved is required. Any departure from these conditions of approval and approved plans constitutes a violation of this chapter.
Except as otherwise noted in this chapter, authorization of a conditional use shall be void after either one year or such other time period specified in the conditional use permit unless substantial construction has taken place. However, the Community Development Director may extend authorization for an additional period upon written request. The Community Development Director may grant additional extensions upon written request if the applicant demonstrates good cause for the delay.
Applications for which a substantially similar application has been denied will be heard by the Planning Commission only after a period of one year has elapsed from the date of the earlier decision.