The planning director or, in the absence of a planning director, the city administrator shall have the power and duty to enforce the provisions of this title, and an appeal from a ruling by the planning director or city administrator on a land use or limited land use decision shall be made to the planning commission. All other appeals of administrative decisions which are not land use decisions shall be subject to review by city council. Upon the final decision by city council, the decision may be appealed in accordance with ORS 34.020. Once a final decision has been reached on appeal by the city council, that issue is precluded from subsequent hearing by the city. (Ord. 2004 § 2, 2016; Ord. 1952 § 1(4), 2006)

Appeals from discretionary land use decisions of the hearings officer or planning director go to the planning commission and appeals from the planning commission go to the city council. The city council may designate a hearings officer to conduct the hearing; in that case, city council shall review the record and the hearings officer’s recommendation to make their decision. Appeal hearings shall be conducted as de novo hearings and shall be taken under the following procedures:

All petitions, applications and appeals provided in this title shall be made on forms which comply with the provisions of this title and with applicable laws of the state of Oregon. All applications for building permits shall be accompanied by plans and specifications, drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of the buildings and other structures, existing and proposed; the existing and intended use of each building, structure or part thereof; the number of families to be accommodated, if any; and such other information as is needed to determine conformance with this title and with the building code. (Ord. 1952 § 1(4), 2006)

Authorization of a permit authorized under this title shall be void after two years from the date the decision was final except when the decision has been appealed in which case the period for expiration of a permit begins when all appeals have been exhausted and final judgments are effective unless the authorized use or activity has been implemented or a building permit has been issued and substantial construction has taken place. The final granting authority of the permit (planning director, planning commission, or city council) may authorize an extension of the permit for an additional two years upon request from the applicant or their authorized representative, provided the request for an extension is submitted, along with the appropriate fee, to the planning department prior to the expiration date of the original permit. Additional one-year extensions may be authorized only where applicable criteria for the original decision have not changed. An extension of a permit as described in this section is not a land use decision as defined in ORS 197.015. (Ord. 2046 §§ 3, 4, 2021; Ord. 1952 § 1(4), 2006)

Where the conditions imposed by any provision of this title are less restrictive than comparable conditions imposed by any other provisions of this title or of any other ordinance, resolution or regulation, the provisions which are more restrictive shall govern. (Ord. 1952 § 1(4), 2006)

The provisions of this title are severable. If any section, sentence, clause, or phrase of this title is adjudged by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this title. (Ord. 1952 § 1(4), 2006)

Violation of, or failure to comply with, any provision of this title is punishable, upon conviction, by a fine in an amount to be set by council resolution, and each day that such violation shall continue and persist, after due notice thereof, shall constitute a separate and distinct violation of this title. (Ord. 2014 § 1, 2017; Ord. 1952 § 1(4), 2006)

Whenever an application is made for a permit provided in this title or any related ordinance of the city of North Bend which is required for a development project, then the applicant may elect to have any and all permits from the city processed at one time, and procedures may be consolidated as required or permitted by Oregon law and city ordinances. All discretionary land use applications or combinations of discretionary land use applications shall be processed and final action taken by the city, including appeals provided in city ordinances, within 120 days after the applications are deemed complete, except that the city shall take final action on housing applications meeting the criteria of ORS 197.311 within 100 days. (Ord. 2025 § 18, 2018; Ord. 1952 § 1(4), 2006)

If the Division of State Lands fails to respond to any notice provided within 30 days of notice, the city approval may be issued with written notice to the applicant and owner of record that the proposed action may require state or federal permits.

The city may issue local approval for parcels identified as or including wetlands on the State-Wide Wetlands Inventory upon providing to the applicant and the owner of record of the affected parcel a written notice of the possible presence of wetlands and the potential need for state and federal permits and providing the Division of State Lands with a copy of the notification.

Notice of activities authorized within an approved wetland conservation plan shall be provided to the Division within five days following local approval.

Failure of the city to provide notice as required by this section will not invalidate city approval. (Ord. 1952 § 1(4), 2006)