North Bend City Zoning Code
18.64 Planned
Housing Developments
18.64.010 Planned unit developments.
(1) Conditional Uses. Planned housing developments and planned communities provided for in ORS Chapter 94 (collectively referred to as “PUDs”) are conditional uses in all residential zoning districts within the city of North Bend, except the R-10 zone; provided, that they meet the standards of this chapter.
(2) Definitions. Definitions of terms for PUDs shall include those in ORS Chapter 94 relating to planned communities and, when applicable, definitions in ORS Chapter 92.
(3) Applicable Regulations. PUDs shall comply with both this title and NBCC Title 17, except that design standards in this title and NBCC Title 17 (other than those in this chapter) may be varied by the planning commission or hearings officer based on findings that a particular standard is unnecessary and inappropriate in a particular plan of development. (Ord. 1952 § 1(4), 2006)
18.64.020 Minimum standards for a PUD.
A PUD shall comply with the following minimum standards and criteria:
(1) Size. The minimum site size shall be three acres, except that a PUD may be allowed on a tract of land under three acres if the planning commission or hearings officer finds, upon a showing of the applicant, that a PUD is appropriate and not detrimental to adjoining property, and that:
(a) An unusual physical feature of the property exists which can be conserved and still leave the landowner equivalent use of the property through the planned development process;
(b) The property or its neighborhood has historical, topographical, or other distinctive features that are important to the local community that could be protected or enhanced by a PUD; or
(c) The property is adjacent to or in the immediate vicinity of a PUD of similar design and the developments would complement each other without significant impact on surrounding areas.
(2) Lot Coverage. Lot coverage requirements in a zone may be applied to the overall development site of a planned community rather than individual lots.
(3) Parking. Off-street parking and loading shall comply with the standards of this title, except that parking shall be located within 200 feet of the dwelling it is intended to serve.
(4) Access. Access to a PUD shall be from a residential, collector or arterial street shown on an officially adopted street plan. The access and circulation of the PUD should be designed to have a minimum impact on minor residential streets surrounding the area.
(5) Internal Streets or Driveways. The internal streets and driveways of a PUD may be public or private subject to the following provisions:
(a) Public streets shall comply with NBCC Title 17, unless modified by the planning commission or hearings officer. A lot in a PUD need not abut a public street; provided, that it has adequate access to a public street.
(b) Private streets shall be maintained in a single or common ownership and may be owned or controlled by a homeowners’ association.
(6) Density. No PUD shall be approved in any residential zoning district if the housing density of the proposed development will exceed by the maximum permitted density in the underlying residential district. Maximum housing density is calculated for this purpose by multiplying the total gross area of the development by the district density factor.
(7) Yards. Yard requirements for PUDs are as follows:
(a) Required yards shall be the same as provided in the applicable residential zone, except that when a lot abuts a common area dedicated to open space which will provide the same yard requirements, the yard area for the lot may be reduced accordingly.
(b) A minimum yard of at least 20 feet adjacent to a public street or alley and 10 feet from an adjoining property shall be maintained around the perimeter of the development site.
(c) The planning commission or hearings officer may permit variances from the minimum setback requirements between multifamily buildings in a PUD provided access is not limited to yard areas from streets and no public safety problems are created. (Ord. 1952 § 1(4), 2006)
18.64.030 Application and development plan.
For PUD conditional uses, the application and plan shall contain the following:
(1) Application. Applications for a PUD conditional use permit shall include all of the information necessary to show compliance with the standards and criteria of this chapter for the type of PUD proposed, and where there may be a division in the ownership of land, the application shall also comply with applicable provisions of NBCC Title 17.
(2) Preliminary Development Plan. Applications shall be accompanied by a preliminary development plan which shall provide the following information:
(a) A land use plan indicating all proposed uses within the PUD, and the type of ownership pattern (condominium, townhouse or multiplex lots, rowhouses). For planned communities, the plan should delineate operation and maintenance criteria consistent with ORS 94.550 through 94.785.
(b) All areas proposed to be dedicated for interior streets and circulation, public parks, playgrounds, school sites, public buildings or otherwise dedicated or reserved for public uses shall be shown on the plan.
(c) All open space, recreational and common areas that are to be maintained and controlled by the owners of the property, their successors and assigns, including private streets and ways, parking areas, swimming pools, tennis courts, and other common areas, under a management and operations plan shall be indicated.
(d) Public facilities, including lot drainage, storm drains, sanitary sewer, domestic water, street system (public or private) with appropriate dimensions, and a circulation plan showing circulation patterns.
(e) Pedestrian walkways, bike paths, and parking areas, including garages, carports, and similar uses.
(f) Location and number of all parcels, lots or units that will be made available for sale.
(g) A landscape plan, showing general orientation of tree locations, ground cover, grades, slopes, screen plantings and fences, and landscaped common areas.
(h) An architectural sketch, showing typical buildings, approximate location on the lots, and generally showing height, bulk, type of construction and architectural features.
(i) Drafts of appropriate conditions, covenants and restrictions and other documents (such as homeowners’ association bylaws, etc.) providing for the reservation and maintenance of any open space and recreation areas not dedicated to the public.
(j) Any other pertinent information necessary to assist the planning commission or hearings officer in making a determination, such as the development schedule for construction.
(3) Conditions. In approving a PUD, the planning commission or hearings officer may impose conditions in addition to those contained in Chapter 18.60 NBCC. Conditions may be imposed to assure maximum privacy and quiet for the separate families, to protect the adjacent streets from undue congestion, to provide for suitable open space and recreation area, and to carry out the general purposes of this title.
(4) Final Development Plan and Plat. A final development plan shall be filed for approval with the planning commission or hearings officer, and when applicable, a final plat will also be filed before approval.
(5) Changes and Amendments. Development plans may be amended as provided for conditional use permits in this title, and amendments to lot or parcel lines may be made as provided in NBCC Title 17. (Ord. 1952 § 1(4), 2006)