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. 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.
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.