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North Bend City Zoning Code

18.72 Supplementary

Provisions

When a lot has an area or dimension which does not meet the lot size requirements of the zone in which the property is located, the lot may be occupied by any use permitted outright in the zone subject to the other requirements of the zone where it can be shown that the lot is a legal lot, except that residential use shall be limited to single-family dwelling and two-family dwelling use. A legal lot is a lot that meets one or more of the following criteria:

(1) The lot was lawfully created through a subdivision or partition plat.

18.72.010 Zone boundaries.

Repealed by Ord. 2054. (Ord. 1952 § 1(4), 2006)

18.72.020 General provisions regarding accessory uses.

Accessory uses shall comply with all requirements for the principal use except where specifically modified by this title and shall comply with the following limitations:

(1) Fences, hedges, walls, and other similar obstructions shall comply with the following:

(a) In residential zones, such obstructions that are located within 20 feet from a sidewalk or, if there is no sidewalk, the curb line, but if there is no sidewalk or curb, then the edge of the improved portion of the street, shall not exceed a height of four feet above ground level except as provided in NBCC 18.72.090.

(b) In residential zones, when such obstructions are more than 20 feet from the furthest edge of the improved portion of the street and are outside a vision clearance area, they shall not exceed a height of eight feet above ground level.

(c) In residential zones, and along a sidewalk or public way, no owner or person in charge of property shall construct or maintain a barbed-wire fence, or permit barbed wire to remain as part of a fence.

(2) A greenhouse or hothouse may be maintained accessory to a dwelling.

(3) A guest house may be maintained accessory to a dwelling only if there are no cooking facilities in the guest house.

(4) In a residential zone a side yard may be reduced to two feet for an accessory structure erected more than 65 feet from a street other than an alley, provided the structure is not an accessory dwelling unit and is detached from other buildings by five feet or more and does not exceed a height of one story nor an area of 450 square feet. (Ord. 2054 § 12, 2021; Ord. 2025 § 15, 2018; Ord. 1952 § 1(4), 2006)

18.72.030 Projections from buildings.

Cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, and other similar architectural features may project not more than two feet into a required yard. (Ord. 2054 § 13, 2021; Ord. 1952 § 1(4), 2006)

18.72.040 Maintenance of minimum ordinance requirements.

No lot area, yard, or other open space or required off-street parking or loading areas existing on or after the effective date of the ordinance codified in this title shall be reduced in area, dimension, or size below the minimum required by this title, nor shall any lot area, yard, or other open space or off-street parking or loading area which is required by this title for one use be used as the lot area, yard, or other open space or off-street parking or loading area requirement for any other use, except as provided in NBCC 18.68.030(4). (Ord. 1952 § 1(4), 2006)

18.72.050 Legal lot determinations.

When a lot has an area or dimension which does not meet the lot size requirements of the zone in which the property is located, the lot may be occupied by any use permitted outright in the zone subject to the other requirements of the zone where it can be shown that the lot is a legal lot, except that residential use shall be limited to single-family dwelling and two-family dwelling use. A legal lot is a lot that meets one or more of the following criteria:

(1) The lot was lawfully created through a subdivision or partition plat.

(2) The lot was created through a deed or land sales contract recorded with Coos County prior to January 1, 2020. (Ord. 2054 §§ 14, 15, 2021; Ord. 1952 § 1(4), 2006)

18.72.060 Exceptions to yard requirements.

(1) In the case of dwellings, the following exception to the front yard requirement shall apply in any zone:

(a) If there are dwellings on both abutting lots with front yards of less than the required depth for the zone, the front yard for the lot need not exceed the average front yard of the abutting dwellings. If there is a dwelling on one abutting lot with a front yard of less than the required depth for the zone, the front yard for the lot need not exceed a depth one-half way between the depth of the abutting lot and the required front yard depth.

(b) A covered front porch may extend not more than six feet into a required front yard.

(2) In the case of dwellings, the following exception to the rear yard requirement shall apply in any zone:

(a) An uncovered deck may extend not more than five feet into a required rear yard. (Ord. 2025 § 16, 2018; Ord. 1952 § 1(4), 2006)

18.72.070 General exception to building height limitations.

The following types of structures or structural parts are not subject to the building height limitations of this title:

(1) Chimneys, tanks, church spires, belfries, domes, monuments, fire and hose towers, observation towers, transmission towers, smokestacks, flagpoles, radio and television towers, masts, aerials, cooling towers, elevator shafts, and other similar projections. (Ord. 1952 § 1(4), 2006)

18.72.080 Access.

All lots shall abut a street other than an alley for a width of at least 25 feet. (Ord. 1952 § 1(4), 2006)

18.72.090 Vision clearance areas.

Vision clearance areas shall be established at intersections as follows:

(1) In a residential zone, the distance determining the size of a vision clearance area shall be 30 feet.

(2) In all other zones except a C-G zone, the distance determining the size of a vision clearance area shall be 15 feet, except that when the angle of intersection between streets is less than 30 degrees the distance shall be 25 feet. (Ord. 1952 § 1(4), 2006)

18.72.100 Zoning of annexed areas.

Repealed by Ord. 2054. (Ord. 1952 § 1(4), 2006)

18.72.110 Accessory dwelling units/ADUs.

In the case of single-family dwellings in residential zones, the following ADU requirements shall apply:

(1) A maximum of one ADU may be permitted on a single lot in a residential zone only when it is accessory to a primary single-family dwelling. Lot size shall not prevent the addition of an otherwise compliant ADU subject to all other requirements of this section.

(2) An ADU shall not exceed 800 square feet of floor area, or 75 percent of the primary dwelling’s floor area, whichever is smaller. An interior, attached ADU that comprises a level or floor (e.g., basement, attic, or second story) of the primary dwelling may occupy the entire level or floor, even if the floor area of the ADU is more than 800 square feet.

(3) Detached ADUs shall be located at least 40 feet from the front lot line and shall otherwise comply with applicable side and rear yard requirements.

(4) Detached ADUs shall not exceed the height of the primary dwelling.

(5) Entrances to detached ADUs shall not face the nearest side lot line or the rear lot line unless there is an alley or street abutting on that side of the lot.

(6) Use Prohibition. An ADU shall not be used as a short-term rental. Nothing in this section shall preclude an ADU from use as a long-term rental. (Ord. 2025 § 17, 2018)

18.72.120 Short-term rentals.

In the case of residential uses, the following short-term rental requirements shall apply:

(1) Authorization. A short-term rental shall be subject to administrative review by the planning director for compliance with short-term rental standards.

(2) Licensing and Taxes. A city of North Bend business license is required pursuant to Chapter 5.01 NBCC and transient room tax shall be imposed pursuant to Chapter 3.12 NBCC.

(a) There shall be no more than 64 short-term rentals permitted in the city of North Bend.

(3) Fees. The fee amounts for permitting and licensing a short-term rental shall be set by council resolution.

(4) Occupancy. The number of overnight occupants shall not exceed two persons per bedroom plus two additional persons or one person per 200 square feet of living space within a short-term rental, whichever is greater.

(5) Parking. See Chapter 18.68 NBCC, Off-Street Parking and Loading.

(6) Health and Safety.

(a) Receptacles for the disposal of solid waste shall be provided for guest use and solid waste shall be removed from the property on a weekly basis.

(b) An approved city of North Bend fire safety inspection report is required prior to the initial licensing of a short-term rental. It is the responsibility of the short-term rental operator to ensure continued compliance with fire safety inspection requirements.

(7) Required Information Sharing. The following information shall be provided for guests and shall be posted inside a short-term rental at or near the main entrance door:

(a) Property address.

(b) Local contact person’s phone number.

(c) Maximum occupancy.

(d) Location and number of off-street parking spaces available to guests.

(e) Waste disposal rules.

(f) Valid city of North Bend business license.

(g) Tsunami evacuation map that identifies the location of the property and the nearest tsunami evacuation center.

(h) Address and phone number of the local police department, urgent care facilities, and hospital.

(8) Nonconforming Short-Term Rentals. Short-term rentals that are out of compliance with the requirements of this section as of the effective date of the ordinance codified in this section shall, within 120 days after said date, be brought into compliance. (Ord. 2040 § 8, 2020)

18.72.130 Historic preservation.

Designated landmarks and historic resources of statewide significance are subject to Chapter 15.16 NBCC, Historic Preservation. (Ord. 2051 § 3, 2021)