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City of Columbia City 1840 Second Street, PO Box 189, Columbia City, OR 97018 (503) 397-4010 |
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CONDITIONAL USE
7.130.010
Purpose. The purpose of this Chapter is to provide standards and
procedures under which conditional use may be permitted, enlarged or altered if
the site is appropriate and if other conditions can be met.
7.130.020
Administration and Approval Process. Action on the application shall be in
accordance with Chapter 7.162, Quasi-Judicial Decision-Making.
7.130.030
Phased Development or Existing Development.
A. The Planning Commission shall approve a
time schedule for developing a site in phases but in no case shall the total
time period for all phases be greater than three years without reapplying for
conditional use review.
B. In addition to 7.130.040, the following
criteria shall be satisfied for approving a phased conditional use:
1. The public facilities shall be constructed
in conjunction with or prior to each phase.
2. The development and occupancy of any phase
shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility
not constructed to the applicable City or district standard.
3. The phased development shall not result in
requiring the City or other property owners to construct public facilities that
were required by approved development proposal.
7.130.040
Approval Standards and Conditions.
A. The Planning Commission shall approve,
approve with conditions, or deny an application for a conditional use based on
findings of fact with respect to each of the following criteria:
1. The
characteristics of the site are suitable for the proposed use considering size,
shape, location, topography and natural features;
2. All
required public facilities have adequate capacity to serve the proposal and are
improved to the standards in Chapter 7.92;
3. The
requirements of the zoning district are met;
4. The
use is compatible with surrounding properties or will be made compatible by
imposing conditions.
5. All
parking and loading areas are designed and improved in accordance with the
requirements set forth in Chapter 7.100.
6. All
landscaping is designed and improved in accordance with the requirements set
forth in Chapter 7.96;
7. All
public improvements are designed and constructed in accordance with the
requirements set forth in Chapter 7.92; and
8. All
facilities for the handicapped are designed in accordance with the requirements
set forth in the ADA requirements; and
9. The
provisions of all applicable chapters of this Ordinance are satisfied; and
10. Properties located in the Historic
Commercial or Historic Residential overlay comply with the requirements set
forth in Title 8 of the Columbia City Municipal Code. A certificate of appropriateness approved by the Historic Review
Board shall satisfy this requirement.
B. In reviewing an application for a
conditional use, the Commission shall consider the most appropriate use of the
land and the general welfare of the people residing or working in the neighborhood. In addition to the general requirements of
this Ordinance, the Commission may impose any other reasonable conditions
deemed necessary. Such conditions may
include, but are not limited to:
1. Limiting the manner in which the use is to
be conducted, including restrictions on the hours of operation;
2. Establishing additional setbacks or open
areas;
3. Designating the size, number, location and
nature of vehicle access points;
4. Limiting or otherwise designating the
number, size, location, height and lighting of signs;
5. Requiring fences, sight-obscuring hedges or
other screening and landscaping to protect adjacent properties;
6. Protecting and preserving existing soils,
vegetation, wildlife habitat or other natural resources.
7.130.050
Major Modification to Approved Plans or Existing Development.
A. The Planning Director shall determine that
a major modification(s) will result if one or more of the following changes are
proposed:
1. An
increase of ten percent or more in dwelling unit density, or lot coverage for
residential development;
2. A
change that requires additional on-site parking in accordance with Chapter
7.100;
3. A
change in the use as defined by the Uniform Building Code;
4. An
increase in the height of the building(s) by more than twenty percent or an
increase to more than 35 feet in height for zones where heights greater than 35
feet may be permitted;
5.
A change in the type and location of access ways and parking areas where
off-site traffic would be affected;
6. An
increase in vehicular traffic to and from the site expected to exceed twenty
vehicles per day;
7. A
reduction of project amenities where specified in the approved site plan
including open space, recreational facilities, screening, and/or landscaping
provisions;
8. A
modification to the conditions imposed at the time of conditional use approval,
which is not the subject of (A) (1) through (9) of this Subsection.
B. When a proposed modification to the site
development plan is determined to be a major modification, the applicant shall
submit a modified conditional use application and receive Planning Commission
approval prior to any issuance of building permits.
C. Modified site development review
applications shall be noticed and processed in accordance with Chapter 7.162.
7.130.060
Minor Modification(s) to Approved Plans or Existing Development.
A. Any modification, which is not within the
description of a major modification, as provided in Section 7.130.050, may be
considered a minor modification.
B. A minor modification shall be approved,
approved with conditions or denied following the Planning Director's review
based on the finding that no ordinance provisions will be violated and the
modification is not a major modification.
7.130.070
Application Submission Requirements.
A. All applications shall be made on forms
provided by the City.
B. All applications shall be include a
narrative discusses how the proposal conforms to the standards in
7.130.040.
C. All applications shall include three (3)
copies of site development plans containing the information required in
subsection 7.130.080 and drawn to a standard engineering scale. One copy must be no larger than 11" X
17".
7.130.080
Site Development Plans.
A. Required information may be combined on one
map. Site development plan(s) shall
include the following information, as appropriate:
1. A vicinity map showing the proposed site
and surrounding properties;
2. The site size and its dimensions;
3. The location, dimensions and names of all
existing and platted streets and other public ways and easements on the site
and on adjoining properties and all proposed streets and easements on the site;
4. The location and dimension of all proposed:
a. Entrances and exits on the site,
b. Parking and traffic circulation areas,
c. Loading and services areas, where
applicable,
d. Pedestrian and bicycle facilities,
e. Utilities;
5. The location, dimensions and setback
distances of all:
a. Existing structures, improvements and utilities
which are located on adjacent property within twenty-five feet of the site and
are permanent in nature, and
b. Proposed structures, improvements, and
utilities on the site;
6. Contour lines at two-foot intervals for
grades zero to ten percent and five-foot intervals for grades over ten percent
for current site grades;
7. A grading plan that includes:
a. The identification and location of the
benchmark and corresponding datum,
b. Location and extent to which grading will
take place indicating contour lines, slope ratios, and slope stabilization
proposals;
c. The location of drainage patterns and
drainage courses;
8. The location of any floodplain areas
(100-year floodplain and floodway);
9. The location of any slopes in excess of
twelve percent and any areas subject to slumping, earth slides or movement,
10. The location of any areas having a high
seasonal water table within twenty-four inches of the surface for three or more
weeks of the year, and the location of any wetlands;
11. The location of any areas having a severe
soil erosion potential as defined by the soil conservation service, the
location of any areas having severe weak foundation soils; and the method for
mitigating any adverse impacts on wetlands.
12. A landscaping plan including:
a. Location and height of fences, buffers and
screening,
b. Location of terraces, decks, shelters, play
areas, and common open spaces where applicable, and
c. Location, type and size of plant
materials,
d. Soil conditions and erosion control measures
that will be used.
7.130.090
Revocation of a Conditional Use Permit.
The Commission, on its own
motion following a public hearing conducted pursuant to 7.162, may revoke any
conditional use permit for one of the following reasons:
A. Noncompliance with the conditions placed
upon it.
B. The approval was obtained by fraud or by
misrepresentation.
C.
The use for which such approval was granted has ceased to
exist or has been suspended for more than two (2) years; or
D.
The permit granted is being exercised in violation of a
sate law or in a manner that constitutes a public nuisance.