Chapter 18.185
CONDITIONAL USES

Sections:

18.185.010    Authorization to grant or deny conditional uses.

18.185.020    Conditional use review criteria.

18.185.030    Conditional use procedure.

18.185.040    Specific conditional use standards.

18.185.050    Conditional uses and criteria for certain transportation facilities and improvements.

18.185.010 Authorization to grant or deny conditional uses.

Conditional uses listed in this title may be permitted, enlarged or otherwise altered upon authorization by the planning commission in accordance with the standards and procedures set forth in this section through GMC 18.185.030.

In the case of a use existing prior to the effective date of the ordinance codified in this chapter and classified in this title as a conditional use, any change in use or in lot area or an alteration of structure shall conform with the requirements dealing with conditional uses.

In permitting a conditional use or the modification of a conditional use other than a housing type (e.g., multifamily structure, manufactured dwelling park), the planning commission may impose, in addition to those standards and requirements expressly specified for that use, other conditions which are necessary to protect adjacent property, an identified resource, or the city as a whole.

An approved conditional use shall be subject to revocation by the planning commission if it is ascertained thereby that the application includes or included any false information, or if it is determined that the conditions of approval have not been complied with or are not being maintained, or the conditional use becomes detrimental to public health, safety, or welfare.

In order to consider revocation of a conditional use permit, the planning commission shall hold a public hearing in accordance with GMC 18.210.050* in order for the permit holder to show cause why such permit should not be revoked.

If the planning commission finds that the conditions of permit approval have not been complied with or are not being maintained, a reasonable time may be given for rectification, and if corrections are not made within that time, revocation of the permit shall become effective 15 days after the time specified. [Ord. 319 § 22, 2013; Ord. 290 § 3(6.010), 2006.]

*    Code reviser’s note: In Ordinance 319, this cross-reference cites GMC 18.50.030. It has been editorially corrected at the request of the city.

18.185.020 Conditional use review criteria.

Before a conditional use is approved, findings will be made that the use will comply with the following standards:

A. The proposed use is consistent with the policies of the comprehensive plan.

B. The location, size, design and operating characteristics of the proposed use are such that the development will have a minimum impact on surrounding properties.

C. The use will not generate excessive traffic when compared to the traffic generated by uses permitted outright and adjacent streets have the capacity to accommodate the traffic generated.

D. Public facilities and services are adequate to accommodate the proposed use.

E. The site’s physical characteristics in terms of topography, soils and other pertinent considerations are appropriate for the intended use.

F. The site has adequate area to accommodate the proposed use. The site layout has been designed to provide appropriate access points, on-site drives, parking areas, loading areas, storage facilities, setbacks, buffers, utilities or other facilities which are required by city ordinances or desired by the applicant. [Ord. 290 § 3(6.020), 2006.]

18.185.030 Conditional use procedure.

The following procedures shall be observed in applying for and acting on a conditional use:

A. A property owner may initiate a request for a conditional use or the modification of a conditional use by filing an application with the city using a form prescribed pursuant to GMC 18.210.010. The planning commission may require other drawings or information necessary to an understanding of the proposed use and its relationship to surrounding properties.

B. The procedure is as follows:

1. Public notice shall be given in accordance with GMC 18.210.020.

2. A public hearing shall be held in accordance with GMC 18.210.050.

3. A decision on the conditional use application shall be made in accordance with GMC 18.210.050(F).

4. A decision of the planning commission may be appealed to the city council in accordance with GMC 18.210.060.

5. The applicant shall attach a copy of the decision of the planning commission to the building permit application.

6. The conditional use permit shall be null and void after two years unless substantial construction has taken place or unless the planning commission grants a one-year extension upon a finding that circumstances have not changed since the original approval. Only three one-year extensions may be granted. [Ord. 310 § 1, 2008; Ord. 290 § 3(6.030), 2006.]

18.185.040 Specific conditional use standards.

A. Non-water-dependent or water-related uses in the WD zone shall be permitted only where the finding is made that such uses will not preclude the allocation of water-dependent uses, that sufficient land and water area exists for water-dependent uses, that public access and riparian vegetation (where applicable) will be maintained or provided, and that such uses will not cause the filling of the estuary or other adverse water quality impact.

B. Additional Standards for Non-Water-Dependent and Non-Water-Related Commercial Uses. Non-water-dependent and non-water-related commercial uses in the WD zone may be permitted when the following standards are met:

1. The use is incidental and subordinate to, and in conjunction with an allowed water-dependent or water-related use.

2. The use fronts a dedicated right-of-way used for vehicle and/or pedestrian access.

3. The use occupies no more than 25 percent of the ground floor area of the building that serves a water-dependent or water-related use, and no more than 50 percent of the total floor area of the building if it has more than one floor.

4. If the use is not located in a building, it occupies no more than 25 percent of the total land area of the lot or parcel on which it is located.

5. The use is compatible with nearby water-dependent or water-related uses. Determination of compatibility may be based on potential impacts of vehicular and pedestrian traffic associated with the use; visual, audible or other environmental effects created by the use; or any other impact that would not be expected from water-dependent or water-related use.

6. The use does not preclude future water-dependent or water-related uses from occurring on or near the site.

C. Telecommunication facilities are allowed under the criteria of GMC 18.185.020 and when they meet the height limitation criteria of the zone. [Ord. 319 § 23, 2013; Ord. 290 § 3(6.040), 2006.]

18.185.050 Conditional uses and criteria for certain transportation facilities and improvements.

A. Development of certain transportation facilities and improvements that are subject to conditional use approval shall satisfy all of the following criteria:

1. The project and its design are consistent with city of Garibaldi’s adopted TSP and with the State Transportation Planning Rule, OAR 660-012 (“the TPR”).

2. 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.

3. 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.

4. The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.

5. The project includes provisions for bicycle and pedestrian access and circulation consistent with the comprehensive plan, the requirements of this title, and the TSP or TPR.

B. State Transportation System Facility or Improvement Projects. The Oregon Department of Transportation (ODOT) shall provide a narrative statement with the conditional use application demonstrating compliance with all of the criteria and standards in subsections (A)(1) through (A)(5) of this section. Where applicable, an environmental impact statement or environmental assessment may be used to address one or more of these criteria.

C. Proposal Inconsistent with TSP. If the city determines that the proposed use or activity or its design is inconsistent with the TSP, then the applicant shall apply for and receive approval for a comprehensive plan amendment prior to or in conjunction with conditional use permit approval. If the city’s determination of inconsistency is part of the 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.

D. Expiration. A conditional use permit for transportation system facilities and improvements shall be void after five years. [Ord. 290 § 3(6.050), 2006.]