North Bend City Zoning Code
18.60 Conditional
Uses
(1) At the commencement of the hearing, a statement shall be made to those in attendance that:
(a) Lists the applicable criteria for the application;
18.60.010 Authorization to grant or deny conditional uses.
Uses designated in this title as conditional uses may be permitted, enlarged, or otherwise altered upon authorization by the planning commission in accordance with the standards and procedures set forth in this chapter. Conditional uses are those which may be found appropriate, desirable, convenient, or necessary in the applicable district subject to the following standards:
(1) The use is found to be compatible with adjacent uses or may be made compatible through the imposition of conditions; and
(2) The location, size, and design are consistent with existing adjacent uses or other uses allowed outright in the same zone district; and
(3) The use will not have a significant traffic impact compared to existing adjacent uses or other uses allowed outright in the same zone district; and
(4) The use complies with other applicable development standards in the same zone district. Conditions may include increasing the required lot size or yard dimensions, limiting the height of buildings, controlling the location and number of vehicle access points, increasing the street width, increasing the number of off-street parking and loading spaces required, limiting the number, size, and location of signs, and requiring screening and landscaping to protect adjacent property. In the case of a use existing prior to the effective date of this title and which is classified in this title as a conditional use, any change in use or in lot area or in any alteration of the structure shall conform with the requirements dealing with conditional uses. (Ord. 1952 § 1(4), 2006)
18.60.020 Application for a conditional use.
A property owner or his authorized agent may initiate a request for a conditional use or the modification of an existing conditional use by filing an application, with the appropriate fee, with the city using forms prescribed for the purpose. A preapplication conference with city planning staff, where representatives from other affected city departments and public agency staff are invited to attend, is recommended prior to filing an application. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions of the subject property and arrangement of the proposed development and names and addresses of property owners within 100 feet. The planning director, or the city administrator if there is no planning director, may require other drawings or information necessary to achieve an understanding of the proposed use and its relationship to surrounding properties. The application will be reviewed for completeness prior to scheduling the public hearing and initiating notice procedures. An application must be submitted at least 30 days prior to a scheduled planning commission hearing. (Ord. 2048 § 9, 2021; Ord. 1952 § 1(4), 2006)
18.60.030 Hearing on conditional use.
A public hearing will be held before the North Bend planning commission subject to the provisions of this chapter. Except as otherwise provided in this section and NBCC 18.60.040 and 18.60.050, the procedures for hearings shall be the same as those provided in NBCC 18.92.020. (Ord. 1952 § 1(4), 2006)
18.60.040 Notices.
At least 20 days’ notice of a hearing shall be mailed to the applicant, the owners of record of property on the most recent property tax assessment roll located within 100 feet of the property which is the subject of the notice, and agencies potentially affected by the application, including transportation and transit agencies with facilities and services within or adjacent to the subject site. The notice shall explain the nature of the application and the proposed use or uses which could be authorized; list the applicable criteria from the code and plan that apply to the application; set forth the street address or other easily understood geographical reference to the property; state the date, time and location of the hearing; state that a failure to raise an issue at the hearing in person or by letter or to provide sufficient specificity to afford an opportunity to respond to an issue precludes appeal on that issue; include the name of the city representative to contact and the telephone number where additional information may be obtained; state that a copy of the application, all documents and evidence relied on by the applicant and applicable criteria are available for inspection at no cost and copies will be provided at reasonable rates; and include a general explanation of the requirements for submission of testimony and the procedure for conduct of the hearing. (Ord. 2048 § 10, 2021; Ord. 1952 § 1(4), 2006)
18.60.045 Hearing procedures.
(1) At the commencement of the hearing, a statement shall be made to those in attendance that:
(a) Lists the applicable criteria for the application;
(b) States that testimony, arguments and evidence must be directed toward the applicable criteria or other criteria that the person believes apply to the application; and
(c) States that failure to raise an issue accompanied by statements or evidence sufficient to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal based on that issue.
(2) Prior to the conclusion of the hearing, any participant may request an opportunity to present additional evidence, arguments or testimony regarding the application. The hearings body shall grant such request by continuing the public hearing to a time and date certain at least seven days from the date of the current hearing. An opportunity shall be provided at the continued hearing for parties to present and rebut new evidence, arguments or testimony. If new written evidence is submitted at the continued hearing, any party may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven days in order to submit arguments in response to the new written evidence. The record shall be closed at the end of said seven days. The hearings body may reopen the hearing, by motion, for additional evidence, arguments or testimony at their discretion.
(3) A continuance of a hearing shall be subject to the 120-day limitations of ORS 227.178 and 227.179 unless the continuance is requested or agreed to by the applicant.
(4) Unless waived by the applicant, the hearings body shall allow the applicant at least seven days after the record is closed to all other parties to submit final written arguments in support of the application. The applicant’s final arguments shall be considered part of the record, but shall not include any new evidence. This final seven-day period shall not be subject to the 120-day limitation.
(5) The failure of the property owner or any other party to receive notice as provided in this chapter shall not invalidate the proceedings if the city can demonstrate by affidavit that such notice was given.
(6) For the purposes of this chapter:
(a) “Argument” means assertions and analysis regarding the satisfaction or violation of legal standards or policy believed relevant by the proponent to a decision. “Argument” does not include facts.
(b) “Evidence” means facts, documents, data or other information offered to demonstrate compliance or noncompliance with the standards believed by the proponent to be relevant to the decision.
(7) The quasi-judicial hearing body shall be an impartial hearing body as free from potential conflicts of interest and prehearing ex parte contacts as reasonably possible. Where questions related to ex parte contact are concerned, members of the hearing body shall follow the guidance for disclosure of ex parte contacts contained in ORS 227.180 and as it may be amended. Where a real conflict of interest arises, that member or members of the hearing body shall not participate in the hearing, except where state law provides otherwise. Where the appearance of a conflict of interest is likely, that member or members of the hearing body shall individually disclose their relationship to the applicant in the public hearing and state whether they are capable of rendering a fair and impartial decision. If they are unable to render a fair and impartial decision, they shall be excused from the proceedings. (Ord. 2051 § 2, 2021; Ord. 1952 § 1(4), 2006)
18.60.050 Decisions.
Discretionary land use decisions of the hearings officer, planning director or planning commission shall be effective and final when they are reduced to writing and mailed to the applicant and other parties to the proceeding. (Ord. 1952 § 1(4), 2006)
18.60.060 Standards governing conditional uses.
A conditional use shall comply with the standards of the zone in which it is located except as these standards may have been modified in authorizing the conditional use or as otherwise provided as follows:
(1) Yards. In a residential zone, yards shall be at least two-thirds the height of the principal structure. In any zone, additional yard requirements may be imposed.
(2) Height Exception. A church or governmental building may be built to exceed the height limitations of the zone in which it is located to a maximum height of 50 feet if the total floor area of the building does not exceed one and one-half times the area of the site and if the yard dimensions in each case are equal to at least two-thirds of the height of the principal structure.
(3) Limitation on Access to Property and on Openings to Buildings. The city may limit or prohibit vehicle access from a conditional use to a residential street and it may limit or prohibit building openings within 50 feet of residential property in a residential zone if the openings will cause glare or excessive noise or will otherwise adversely affect adjacent residential property.
(4) Signs. See Chapter 18.70 NBCC, Signs.
(5) Schools.
(a) Nursery schools shall provide and maintain at least 100 square feet of outdoor play area per child. A sight-obscuring fence at least four feet but not more than six feet high shall separate the play area from abutting lots.
(b) Primary schools shall provide one acre of site area for each 90 pupils or one acre for every three classrooms, whichever is greater.
(c) Elementary schools shall provide one acre of site area for each 75 pupils or one acre for every two and one-half classrooms, whichever is greater.
(6) Service Stations. A service station may be permitted as a conditional use if adjacent property is not adversely affected by noise, smoke, odors or glare, and if the service station does not interfere with the shopping pattern of a retail business district.
(7) Utility Substation or Pumping Substation. In the case of a utility substation or pumping substation, the city may waive the minimum lot size requirement only if it is determined that the waiver will not have a detrimental effect on adjacent property.
(8) Rowhouses. Provision shall be made for rowhouses to have adequate access to rear yard areas.
(9) Manufactured Home Parks.
(a) Manufactured home parks shall comply with all rules, regulations and standards of the state of Oregon.
(b) Improvements in a manufactured home park shall include paved streets, roads and parking areas, installation and connection to public sewer and water systems, and the installation of adequate public fire hydrants. Roadways shall be so designed as to accommodate the movement of public fire vehicles to provide protection to the entire park.
(c) Separate storm and sanitary sewer systems shall be provided in all manufactured home parks and stormwater shall not be discharged into the sanitary sewer system. No stormwater shall be permitted to drain onto adjacent public or private property except into natural watercourses or a storm sewer system.
(d) All public streets within the manufactured home parks shall be constructed to city standards and accepted by the city for maintenance prior to use and occupancy of the park. Private roads shall be paved to a width of not less than 20 feet, exclusive of any adjacent parking areas, and such roads shall contain positive channeling of stormwater which shall be collected in the storm sewer facilities. Both public and private roads and streets must be illuminated by a lighting system approved by the city. Areas within public or private streets and roads shall not be included as a part of required off-street parking.
(e) Based on the size, characteristics and occupancy proposed for a manufactured home park, it may be required to provide landscaping, playground, open space or other common facilities.
(f) The minimum site size for a manufactured home park is three acres.
(g) A manufactured home shall have a water closet, lavatory, and bathtub or shower, a kitchen area containing a sink and shall be connected to public sewer and water lines.
(h) A manufactured home shall have continuous skirting, its wheels shall be removed when installed, and if it is a single-wide unit, it shall be tied down with devices that meet state standards, and in a floodplain area a double-wide manufactured home may be required to be tied down.
(i) In manufactured home parks in common ownership, each space for a manufactured home shall contain not less than 3,630 square feet exclusive of space provided for common use of tenants, roadways, general use structures, guest parking, walkways and areas for recreation and landscaping purposes. Each manufactured home shall occupy not more than 40 percent of the contiguous space provided for the exclusive use of the occupants of the manufactured home and exclusive of space provided for common use of tenants. No manufactured home in the park shall be located closer than 15 feet from another manufactured home or from a general use building in the park. No manufactured home accessory building or other building or structure on a manufactured home space shall be closer than 10 feet from a manufactured home accessory building or other building or structure on another manufactured home space. No manufactured home or other building or structure shall be within 25 feet of a public street property boundary or 10 feet of another property boundary. The land which is used for park purposes shall be surrounded except at the entry and exit places by a sight-obscuring fence or hedge not less than six feet in height, and the fence or hedge shall be maintained to have a neat appearance.
(j) In a manufactured home park in which individual lots are separately owned, the same person shall own the manufactured home to be situated thereon, and the owner of the lot shall agree that if the manufactured home is removed from its foundation, the owner shall within 30 days either replace the manufactured home with another approved home or remove the foundation, manufactured home accessory structures and other structures on the property and disconnect sewer, water and other utilities. The agreement shall further provide that the city may make the removal and disconnection and place a lien against the property for the cost of the work if the individual ownership shall comply with the lot size, yard, height, lot coverage and other requirements of the R-M zone in which it is situated.
(10) Off-Premises Signs. See Chapter 18.70 NBCC, Signs.
(11) Churches.
(a) Churches may provide housing or space for housing in a building that is detached from the church, provided:
(i) At least 50 percent of the residential units provided are affordable to households with incomes equal to or less than 60 percent of the median family income for Coos County;
(ii) The housing or space for housing complies with applicable land use regulations and meets the standards and criteria for residential development for the underlying zone; and
(iii) The city finds that the level of service of public facilities, including transportation, water supply, and sewer and storm drain systems, is adequate to serve the church described in this subsection (11).
(b) Housing and space for housing provided under ORS 227.500 and subsection (11)(a) of this section must be subject to a covenant appurtenant that restricts the owner and each successive owner of the building or any residential unit contained in the building from selling or renting any residential unit designated as affordable housing as housing that is not affordable to households with incomes equal to or less than 60 percent of the median family income for Coos County for a period of 60 years from the date of the certificate of occupancy. (Ord. 2025 § 12, 2018; Ord. 1952 § 1(4), 2006)