Chapter 17.100
CONDITIONAL USE PERMITS
Sections:
17.100.020 Preapplication conference.
17.100.040 Application for permit.
17.100.060 Findings and conditions.
17.100.110 Extension of conditional use permit.
17.100.120 Revocation of conditional use permit.
17.100.140 Limitation on new application.
17.100.010 Purpose.
In certain districts, conditional uses are permitted subject to the granting of a use permit. Because of their unusual characteristics, or the special attributes of the area in which they are to be located, conditional uses require special consideration so that they may be properly located with respect to the objectives of this title and their effect on surrounding properties. The planning commission shall approve, approve with conditions, or deny the use permits subject to the requirements of this chapter and to impose reasonable conditions upon the granting of use permits. [Ord. 23-418-O § 124 (Exh. A-4)].
17.100.020 Preapplication conference.
An applicant shall be required to attend a pre-application conference prior to submitting an application for a conditional use permit, unless waived by the city administrator. The purpose of the conference shall be to acquaint the applicant with the substantive and procedural requirements of this title, provide for an exchange of information regarding applicable elements of the comprehensive plan and development requirements and to identify policies and regulations that create opportunities or pose significant constraints for the proposed development. [Ord. 23-418-O § 124 (Exh. A-4)].
17.100.030 Approvals process.
The planning commission using a Type III procedure, per RRMC 17.10.070(F), reviews conditional use applications. The planning commission may require annual, or less frequent, renewal of conditional use permits. [Ord. 23-418-O § 124 (Exh. A-4)].
17.100.040 Application for permit.
An application for a conditional use permit shall be filed with the city recorder on a form prescribed by the planning commission, which shall include the following information:
A. Name and address of the applicant.
B. Statement that the applicant is the owner of the property or is the authorized agent of the owner.
C. Address and legal description or the assessor’s parcel number of the property.
D. The application shall include four copies of an accurate scale drawing of the site and improvements proposed – two full size, one eight and one-half by 11, and one in preferred digital format. The drawing must be adequate to enable the planning commission to determine the compliance of the proposal with the requirements of this title. [Ord. 23-418-O § 124 (Exh. A-4)].
17.100.050 Public hearing.
The planning commission shall hold a public hearing within 120 days after the application is deemed complete, notice of which shall be given in the manner provided in this section.
A. Each notice of hearing authorized by this title shall be published in a newspaper of general circulation in the city at least 10 days prior to the date of hearing.
B. In addition, a notice of hearing on a conditional use, a variance, or an amendment to zone boundary shall be mailed to owners of property within 250 feet of the property for which the variance, conditional use or zone boundary amendment has been requested. The notice of hearing shall be mailed at least 20 days prior to the evidentiary hearing or, if two or more evidentiary hearings are allowed, 10 days before the first evidentiary hearing.
C. Failure of a person to receive the notice as prescribed in this section shall not impair the validity of the hearing.
D. The planning commission may recess a hearing in order to obtain additional information or to serve further notice upon other property owners or persons it decided may be interested in the proposal being considered. Upon recessing, the time and date when hearing is resumed shall be announced.
E. At the public hearing, the planning commission shall review the application, the statement, and drawing submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained. Planning commissioners must not, either individually or as a group, have prehearing contacts with proponents or opponents of unit developments. Planning commission members must not discuss specific requests with applicants or opponents before the matter is brought to them at public hearing.
F. The planning commission shall have a record of findings which are adopted and which are adequate to support the action requested. The burden of producing the necessary findings is on the person who seeks the change. Three factors must be included in the findings: the comprehensive plan, public need, and the adverse impact on the neighborhood. [Ord. 23-418-O § 124 (Exh. A-4)].
17.100.060 Findings and conditions.
The planning commission, in granting approval for a conditional use permit, shall find as follows:
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. 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
3. 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;
4. A conditional use permit shall not allow a use that is prohibited or not expressly allowed under RRMC Title 17; 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. Requiring larger setback areas, lot area, and/or lot depth or width;
2. Requiring and designating the size, height, location, and/or materials for fences;
3. Limiting the building or structure height, size, lot coverage, and/or location on the site;
4. Enclosure of storage areas and limitation on out-of-doors display of merchandise.
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 the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands;
12. Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor, and/or dust;
13. Requiring improvements to water, sanitary sewer, or storm drainage systems, in conformance with city standards;
14. Limiting the hours, days, place, and/or manner of operation;
15. Time period within which the proposed use shall be developed;
16. Required report from an engineer, soil engineer, hydrologist, or geologist; and
17. The planning commission may require review and renewal of conditional use permits annually or in accordance with another timetable as approved pursuant to this chapter. 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 city planning official to issue renewals, who shall do so through a Type I or Type II procedure, as applicable.
18. Any other conditions that would implement the comprehensive plan and this code. [Ord. 23-418-O § 124 (Exh. A-4)].
17.100.070 Fire hydrant.
It shall be the developer’s responsibility to provide the city with a fire hydrant, on a water line of not less than six inches in diameter, if there is not one within 300 feet of the proposed development, measuring from each building site along public right-of-way. This requirement shall apply to any new development with more than three residential buildings or building sites and to all new commercial or industrial construction.
In commercial or industrial zones, fire hydrants shall be provided at locations recommended by the Rogue River rural fire protection district and as approved by the public works department.
In special circumstances, a full coverage fire sprinkler system in the building may be substituted for the fire hydrant when recommended by the Rogue River rural fire protection district and approved by the public works department.
Any deviation from these requirements shall be approved by the public works director. [Ord. 23-418-O § 124 (Exh. A-4)].
17.100.080 Performance bond.
Any developer shall provide a bond or letter of credit in the amount of 100 percent of all on-site and off-site improvement costs naming the city as beneficiary. Such bond or deposit shall remain in effect until the satisfactory completion of the improvements. [Ord. 23-418-O § 124 (Exh. A-4)].
17.100.090 Maintenance bond.
A maintenance bond for 20 percent of the total cost of all the on-site and off-site improvements that will be dedicated to the city shall be provided to the city for a period of one year after the city’s acceptance of the improvements. [Ord. 23-418-O § 124 (Exh. A-4)].
17.100.100 Decision.
The planning commission, at a public hearing, shall review the concept of a conditional use permit application within 120 days of receipt of a deemed complete application in accordance with the provisions of RRMC 17.100.040. The planning commission shall approve with stated conditions or deny the conditional use permit. Their recommendation shall describe the basis for the decision and state the specific circumstances requiring the application of conditions to the approval.
A copy of the final decision shall be delivered to the applicant at the address shown on the application. [Ord. 23-418-O § 124 (Exh. A-4)].
17.100.110 Extension of conditional use permit.
A conditional use permit shall lapse and become void 18 months following the date on which it became effective unless, by conditions of the user permit, a greater or lesser time is prescribed as a condition of approval, or unless prior to the expiration of one year, a building permit is issued by the building official and construction is commenced and diligently pursued toward completion. The planning commission may grant extensions on a use permit, each not to exceed one year, subject to the requirements of RRMC 17.100.050. [Ord. 23-418-O § 124 (Exh. A-4)].
17.100.120 Revocation of conditional use permit.
The planning commission, on its own motion at a public hearing, may revoke any conditional use permit for noncompliance with the conditions set forth in granting said permit. Notice of said public hearing shall be given. [Ord. 23-418-O § 124 (Exh. A-4)].
17.100.130 Appeal.
The decision of the city council may be appealed in the manner prescribed by Chapter 17.120 RRMC. [Ord. 23-418-O § 124 (Exh. A-4)].
17.100.140 Limitation on new application.
In case an application is denied by the planning commission or on appeal to the council, unless specifically stated to be without prejudice, it shall not be eligible for resubmission for one year from the date of said denial. When, in the opinion of the planning commission, new evidence is submitted or conditions have changed, further consideration is warranted. [Ord. 23-418-O § 124 (Exh. A-4)].