City of Yachats Land Use Information Sheet Index Yachats Municipal Code

 

Conditional Use Information

A conditional use requires a public hearing before the Planning Commission. The applications are subjected to individual examination to ensure the use complies with standards established by the code.

A conditional use permit is a modification from the provisions of a zoning code granted by the Planning Commission for a use not permitted outright for that zone. The zoning code provides for certain uses within each zone for which a conditional use may be applied for. Because some uses may be allowed as a conditional use in one zone, but not in another it is important you review the code before you begin the application process.

In addition to the standards and requirements expressly specified by the code the Planning Commission may impose additional conditions which are considered necessary to protect the best interests of the neighborhood and the surrounding city as a whole. These conditions may include increasing the number of off-street parking spaces; fencing requirements; regulation of noise, vibration, odors, and sightlessness; regulation of hours of operation and duration of use or operation and duration of use or operation; or controlling the location and number of vehicle access points.

To apply, submit a completed application; the appropriate filing fee; A site plan drawn to scale showing the property lines and the dimensions and arrangement of the proposed development; and, a written narrative which details the characteristics of the use.

If the application is determined to be complete, the request is placed on the agenda of the Planning Commission within forty (40) days from the filing. A staff report is prepared which details the request and evaluates it against the criteria as listed in the ordinance.

NOTE: It is the responsibility of the applicant to address the criteria in the application. An application that does not address applicable criteria will be deemed incomplete and returned to the applicant. If an application for a permit is incomplete, the City shall notify the applicant of the additional information required within 30 days of the receipt of application. The applicant shall be given an opportunity to submit the additional information. deemed complete upon receipt of the additional information required. Refusal by the application complete upon receipt of the additional information required. Refusal by the applicant to submit the required additional information shall deem the application complete on the 45th day after the governing body first received the application.

Prior to the hearing written notice is sent to property owners within 250 feet of the subject property, informing them of the nature of the application and the time and place of the hearing.

 

At the hearing: At the meeting of the Planning Commission the staff report is presented and the Commission hears testimony (oral and/or written) from proponents and opponents of the request. Upon conclusion of the hearing, the Planning Commission deliberates and may approve or deny the request, based on findings which address applicable criteria.
Appeals: The decision of the Planning Commission is appealable to the City Council within 15 days of the effective date of the decision. Appeal forms are available from, and are submitted to, the City Recorder. The appeal fee is 75% of the original conditional use fee.

Authorization of a conditional use for construction is void after one year, unless substantial construction pursuant thereto has taken place. However, authorization may be extended upon request for a period not to exceed six months.

Notes:

To review the Code see Section 9.72

Land Use Application for Conditional Use

City of Yachats Land Use Information Sheet Index Yachats Municipal Code