Chapter 5
CHAPTER 5 - CONDITIONAL USE PERMIT/VARIANCE/SITE PLAN



Conditional Use Permit



5.0.10 Conditional Use.



Conditional uses are designated within the land use districts in Chapter 2. A conditional use shall be permitted, altered, enlarged, or denied in accordance with the standards and procedures of this chapter.



1. In the case of an existing development where an alteration of use is classified as a conditional use, the change in use shall conform to the requirements for a conditional use whether or not there is structural change or new construction.



B. In the case of a conditional use existing prior to the effective date of this ordinance, any expansion of significant elements of the site plan shall conform with the requirements of this chapter.



5.0.20 Authorization to Grant a Conditional Use Permit.



Before a new conditional use or a modification of an existing conditional use is allowed, the Planning Commission shall conduct a public hearing on the application for the conditional use permit. Notice and conduct of hearing shall be in accordance with Chapter 8 of this ordinance. The Planning Commission is authorized to conduct a site review in order to be informed about any proposed or existing conditional use permit, recognizing that a group site review is subject to public meetings notice, and minutes shall be maintained.



1. In approving or altering a conditional use, the Planning Commission shall establish findings based on the criteria set forth in Sections 5.030 and 5.040 of this ordinance.



B. The Planning Commission as a condition of approval may impose any or all of those conditions set forth in Sections 5.040 which it finds necessary to carry out the purposes of this ordinance, the Comprehensive Plan and other applicable policies of the City.



3. In the matter of a residential care facility or residential care home as defined within this ordinance, the approval or denial of the conditional use permit shall be within 90 days after the application is determined to be complete. The application shall also be accompanied by a copy of the completed state licensing application.



5.0.30 Criteria for Conditional Use Permit Approval.



A conditional use permit may be granted only when the following criteria have been deemed to be met, deemed by the Planning Commission to be not applicable, or can be met by complying with conditions required by the Planning Commission. The approval or denial shall be accompanied by a statement that explains the criteria and standards considered relevant to the decision, states the facts relied upon in rendering the decision, and explains the justification for the decision based on the applicable criteria, standards and facts.



1. The proposal will be consistent with the Comprehensive Plan and the objectives of this ordinance and with other applicable policies of the City.



B. The property in question is reasonably suited for the use requested in regards to location, topography and other physical features, safe and efficient access, adequate area to provide for off-street parking and loading, and available utilities and services.



5.0.40 Supplemental Approval Criteria.



In addition to the criteria for conditional use permit approval set forth in Section 5.0.30, the following additional elements shall be considered, and requirements to deal with such elements may be attached to any approval to assure that the development avoids detrimental impacts and protects the best interests of the surrounding properties and the community as a whole. It is recognized that all of the following considerations will not likely be applicable to any specific proposal.



1. Limit, or otherwise designate, the number, size, location, height and lighting of signs.



B. Limit the time a certain activity may take place, and/or require restraints to minimize such environmental effects as noise, air pollution emissions, odor, vibration, dust, glare, heat, fire hazards, wastes, traffic generation and visual impact.



3. Limit the location and intensity of outdoor lighting and require shielding of outdoor lighting from neighboring residential properties.



4. Limit the height of a building or other structure or the location of mechanical roof facilities to protect view privacy or access to sunlight of neighboring properties.



E. Require sidewalks to be installed.



6. Require diking, berming, screening, fencing or landscaping to protect adjacent or nearby property, and designate standards for its size, height, installation and maintenance.



G. Establish a special yard or other open space dimension to serve as a buffer.



8. Impose measures to ensure protection, preservation or enhancement of existing trees over twelve inches in diameter as measured with calipers, riparian vegetation, water or other significant natural resources, and wildlife habitat; require a revegetation program where appropriate.



1. Designate the size, location, screening, drainage, surfacing or other improvements within the street right-of-way in accordance with street standards.



J. Designate the size, number, location and nature of vehicle access points including requiring the combining of accesses into commercial and industrial development.



K. Limit or prohibit direct residential access onto arterial and collector streets.



12. Consider the development on the property in relation to existing and planned streets for the City of Glendale.



5.0.50 Application and Hearing Procedure.



A request for a conditional use permit in the City of Glendale will follow the procedure specified:



A. A property owner may initiate a request for a conditional use by filing an application with the City Manager/Recorder, using forms provided by the City and upon payment of the filing fee as adopted by resolution of the City Council. The application shall include a site plan drawn to scale, showing the north point, all existing and proposed building setbacks, existing and proposed buildings and distances between buildings, natural features such as marshes, woodland areas, steep slopes and wetlands, lot dimensions, easements, existing and proposed fences, vehicular access points, streets bordering the property, adjacent property uses, and a narrative describing the proposed use and how it meets the criteria in Section 5.0.30 and deals with the considerations set forth in Section 5.0.40.



2. The City Manager/Recorder shall review the application for completeness and accuracy in accordance with Section 8.0.50. Additional information and drawings may be required if the City Manager/Recorder determines they are necessary for an understanding of the proposed request and its relationship to the surrounding properties.



C. Upon receipt of all information, and the fee, and after the check for completeness, the City Manager/Recorder shall set the date of the Planning Commission hearing to be not more than 45 days following receipt of the completed application.



4. The City Planning Commission shall hold a public hearing on the advertised date and shall hear all evidence for and against the requested conditional use. The Planning Commission shall make a decision and state all facts and findings that support their decision. Facts and findings supporting the decision shall be recorded in the minutes of the meeting.



5. The minutes of the meeting or a prepared notice of the decision shall be forwarded to the applicant and to the City Council.









5.0.60 Time Limit on Conditional Use Permit.



Authorization of a Conditional Use Permit shall be void after six months unless the use requested has commenced operation or unless substantial construction pursuant thereto has taken place, However, the applicant may request an extension of time for an additional six months if it can be shown in writing that sufficient circumstances exist that would cause delay of the project. The Planning Commission will review this request at a regular meeting and grant or deny the extension based upon the facts presented.



Variance



5.1.10 Variance.



A variance is an authorized relaxation of the terms of this ordinance where such variance will not be contrary to the public interest, and where conditions exist which are peculiar to the property and which are not the result of the actions of the applicant.



5.1.20 Authorization to Grant a Variance.



A variance may be authorized only from the requirements for off-street parking and loading, building height, lot area, lot coverage, size or yards and open spaces. The Planning Commission may authorize a variance from a specified provision of this ordinance upon finding that strict application of the requirement would render the parcel incapable of reasonable economic use. The authority to grant a variance does not include authority to approve a development that is designed, arranged, or intended for a use not otherwise permitted in the zone.



1. The Planning Commission shall conduct a public hearing on each application for a variance. Notice and conduct of the hearing shall be in accordance with Chapter 8 of this ordinance. In granting a variance, the Planning Commission shall establish findings based on the criteria set forth in Section 5.1.30.



B. The Planning Commission may conduct a site review recognizing that a group site review is subject to public meetings notice, and minutes shall be maintained. In granting a variance the Planning Commission may impose those conditions which it finds necessary to protect the best interest of the surrounding property or neighborhood and to otherwise achieve the objectives and purposes of the Comprehensive Plan, this ordinance and other applicable policies of the City.



5.1.30 Criteria for Variance Approval.



A variance may be granted only in the event that all of the following circumstances exist. Approval or denial shall be accompanied by a statement of findings that explain the criteria and standards considered relevant to the decision, state the facts relied upon in rendering the decision, and explain the justification for the decisions based on the applicable criteria, standards and facts.

1. Special circumstances or conditions apply to the property that do not apply to other property in the same zone or vicinity and result from lot size or shape (legally existing prior to the date of this ordinance) topography, or other circumstances over which the applicant has no control.



2. The variance is necessary for the preservation of a property right of the applicant substantially the same as owners of other property in the same zone or vicinity possess.



3. The variance would not be materially detrimental to the purpose of the ordinance, or to property in the zone or vicinity in which the property is located, or otherwise conflict with the objectives of the Comprehensive Plan or this ordinance.



5.1.40 Application and Hearing Procedure.



A request for a variance in the City of Glendale will follow the procedure specified below:



1. A property owner shall initiate a request for a variance by filing an application with the City Manager/Recorder, using forms provided by the City and upon payment of a filing fee as adopted by resolution of the City Council. The application shall include a site plan drawn to scale, showing the north point, all existing and proposed building setbacks, existing and proposed buildings and distances between buildings, natural features such as marshes, woodland areas, steep slopes and wetlands, lot dimensions, easements, existing and proposed fences, vehicular access points, streets bordering the property, adjacent property uses, and with a narrative describing the proposed use and how it meets the criteria set forth in Section 5.1.30.



4. The City Manager/Recorder shall review the application for completeness in accordance with Section 5.1.40(A). Additional information and drawings may be required if the City Manager/Recorder determines they are necessary for an understanding of the proposed use and its relationship to the surrounding properties.



C. Upon receipt of all information, and the fee, and after the check for completeness, the City Manager/Recorder shall act upon the application by setting the date of the Planning Commission hearing to be not more than 45 days following the receipt of the completed application.



4. The City Planning Commission shall hold a public hearing on the advertised date and shall hear all evidence for and against the requested variance. The Planning Commission shall state facts and findings in support of their decision, and these facts and findings shall be recorded in the minutes.



5. The minutes of the meeting or a prepared notice of the decision shall be forwarded to the applicant and to the City Council.





5.1.50 Time Limit on a Variance Approval.



Authorization of a variance shall be void after six months unless substantial construction pursuant thereto has taken place. However, the applicant may request an extension of time for an additional six months if it can be shown in writing that sufficient circumstances exist that would cause delay of the project. The Planning Commission will review this request at a regular meeting and grant or deny the extension based upon the facts presented.



Site Plan Application



5.2.10 Site Plan Submission Requirements.



Applications for Planning Commission Site Plan Review shall include the following:



6. Written Information.



1. An explanation of the existing and proposed uses of the property, including an explanation of the character of the proposed development and the manner in which it has been designed, and the rationale behind the assumptions and choices made by the applicant.

2. A legal description of the total site proposed for development, including proof that the applicant owns all property to be included in the development.

3. A description of the property by Township, Range, Section and Tax Lot numbers.

4. A statement of the applicant’s intention with regard to the future deeding, selling, leasing or renting of all or portions of the property.

5. A discussion of how the criteria of Sections 5.0.30 and 5.0.40 have been applied; in the case of a planned unit development, the criteria of Section 10.0.40 shall also be addressed .

6. A development schedule indicating the approximate date when construction will begin, and any proposed phased stages are expected to begin and be completed, along with a request for the City’s approval of specific actions that will be necessary to carry out the phased development.

7. An explanation of the number of housing units that will be accommodated, and an analysis of the density in relation to the lot size requirements of the underlying zone.

1. Total number and type of dwelling units to be accommodated.

2. Gross and net residential densities.



8. Total amount of nonresidential construction.

9. Lot coverage of buildings and structures.

10. A detailed statement of the economics of any housing type that is being provided, along with supporting data.

11. Proposals for maintaining any common open areas, buildings, facilities and private streets or jointly held properties through a homeowner’s association or association of unit owners subject to the requirements of the Real Estate Commissioner of the State of Oregon, including declarations indicating the short- and long-term rights and responsibilities of the residents and developer for construction and maintenance of open space, common areas and facilities, and for building maintenance.

12. Copies of any engineering or geologists reports required by overlay zones.

13. Proposed deed restrictions.

14. Copies of requests, and any responses that have been received regarding the capacity for city water and sewer, and requests for utilities.

15. Copies of any requests to the State Health Division in regards to certification for a wastewater collection system.



B. Site Plan Map.



The applicant shall submit plans and accompanying documents containing the following information:



1. Location of the parcel by township, range, section and quarter section.

2. The names and addresses of the owner and the person preparing the map.

3. North point and scale with all pertinent information on standard size sheets 18 inches by 27 inches at a scale of one inch equals 100 feet. The scale may be increased or decreased if necessary to fit the drawing to the required size of 18 inches x 27 inches, but in all cases the scale shall be standard, being 10, 20, 30, 40, 50 or 60 feet to the inch or multiples of ten of any one of these scales.

4. Date submitted.

5. Names and locations of any existing streets intersecting or within the parcel.

6. Existing tax lots and general uses of the property proposed for the development, along with the zoning, including any applicable overlay zones.

7. The present ownership of all the adjacent lands by tax lots with uses such as industrial, commercial and residential identified, zoning classifications identified, overlay zones, circulation systems and public facilities.

8. Existing site conditions including:

1. Contours at two-foot intervals.

2. Existing drainage and future drainage plans

3. Watercourses.

4. Any applicable overlay zone requirements.

5. Unique natural features.

6. Existing vegetation types.

7. A plan showing which features and vegetation will remain and which is proposed to be removed.

8. Easements provided for public services or utilities, and any limitations of the easements.

9. Proposed grading plan.

9. Proposed land uses.

1. Building, locations and setbacks.

2. Proposed uses such as commercial, industrial, and residential with proposed densities.

3. Maximum building heights.

4. Sketches of typical structures and improvements including exterior finishes and materials.

10. The location and size in acres or square feet, of all areas to be conveyed, dedicated or reserved as common open space, public parks, recreational areas, or similar public and semipublic areas, and proposed land divisions or future ownerships, if any.

11. The existing and proposed circulation system including notation of proposed ownership (public or private) of local and collector streets including:

1. Off-street parking areas.

b. Service areas.

c. Loading areas.

4. Adjacent streets and points of access to public right-of ways.

5. Pedestrian circulation system and interrelationships with the vehicular circulation system including any possible points of conflict and proposed treatments.

6. Bicycle circulation system.

12. Existing and proposed utility systems including but not limited to:

1. Distribution system for sanitary sewer service.

2. Storm sewers and storm drainage system.

3. Distribution system for domestic water.

4. Fire protection system.

5. Location of underground electric, television and telephone lines.

13. A general landscape plan indicating the treatment and materials to be used for private and common open space.

14. A legal boundary survey prepared by a professional land surveyor registered in the State of Oregon with a tie to a section corner, quarter corner, donation land claim corner, parcel corner of a recorded partition or lot corner of a recorded subdivision.

15. The proposed treatment of the perimeter of the development, including screens, fences or walls.

16. Site plan maps depicting any proposed phasing of the development.