North Bend City Zoning Code

Applications for a conditional use permit shall follow the procedures for a Type II application pursuant to NBMC Title 20.

Conditional use permits shall be processed as a Type II application in accordance with NBMC Title 20, Administration of Development Regulations.

Fees for a conditional use permit shall be as established by city schedule and collected at the time of the conditional use permit application.

The use is consistent with the North Bend Municipal Code and the North Bend comprehensive plan;

The use is designed, constructed, operated and maintained in a manner that is compatible with the existing or intended character, appearance, quality of development and physical characteristics of the subject property and the general vicinity;

The location, size, and height of buildings, structures, walls, fences, and screening vegetation for the conditional use shall not hinder neighborhood circulation or discourage the permitted development or use of neighboring properties;

The type of use, hours of operation, and appropriateness of the use in relation to adjacent uses will not create unusual hazards or result in adverse impacts;

The use shall be served by adequate public facilities and services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts of such facilities;

In addition to compliance with the criteria set out here, an applicant for a conditional use permit shall comply with all requirements of this title.

The boundary of the site for the proposed use is more than 300 feet from residential-zoned property.

The proposed use will comply with all of the environmental quality standards set forth in Table 18.10.050(8.00).

The site is connected to city water and sewer systems.

The proposed use will not create unmitigated off-site impacts.

The size of the use will not be greater than 10 percent of the total floor area in the continuous portion of the zoning district where it is located.

Adult entertainment facilities are limited to lots fronting on North Bend Way between Sydney Avenue North on the west and Main Avenue North on the east.

An "adult cabaret" license is required under Chapter 5.14 NBMC.

The proposed building and site shall be in full conformance with the performance standards below and all other applicable provisions of the NBMC:

SCTFs can only be located in the EP-1 zoning district.

SCTFs shall be in conformance with all of the performance standards set forth below:

All Major Utilities.

Whether there is a public need for the facility.

The impact of the facility on the surrounding uses and environment, the city and the region.

Whether the design of the facility or the operation of the facility can be conditioned, or the impacts otherwise mitigated, to make the facility compatible with the affected area and the environment.

Whether city or county services, businesses, job opportunities, and public transportation are sufficient to accommodate the proposed use.

Whether a package of incentives can be developed that would make siting the facility within the community more acceptable.

Whether the factors that make the facility difficult to site can be modified to increase the range of available sites or to minimize impacts on affected areas and the environment.

Whether the proposed essential public facility is consistent with the comprehensive plan.

If a variance is requested, the proposal shall also comply with the variance criteria.

Essential public facilities shall comply with any applicable state siting and permitting requirements.

A conditional use permit granted in accordance with this chapter that requires construction of a building or similar facility development shall expire five years from the date of such approval. All construction in accordance with the conditional use permit shall be completed by the permit expiration date. A single one-year extension may be granted by the director if the applicant can show a good faith effort to complete construction and all construction is scheduled to be completed within that one-year time period.

A conditional use permit granted in accordance with this chapter for a use shall not expire, except if the permitted use does not commence within one year from the date of the permit approval, or if the use is discontinued for a period of one continuous year, the conditional use permit shall be deemed expired. A single one-year extension may be granted by the director one year after the original approval if the applicant can show a good faith effort to commence the approved use and the approved use is scheduled to commence within that additional one-year time period.

A conditional use permit granted for a use associated with a building is considered to be a permit for that use in that building and the conditional use permit may be used by any other occupier of that same building using a like amount of square footage for a like use.

A conditional use permit can be approved, approved with conditions, or denied by the hearing examiner who shall make a decision revealed by findings of fact and conclusions of law. The examiner shall find the following in reaching their decision: First, the examiner must identify a public need(s) that the condition is designed to address. Second, the examiner must show that the development for which the permit is sought will create or exacerbate the identified public need. Third, the examiner must show that its proposed condition tends to solve, or at least to alleviate, the identified public need. Finally, the examiner must show that the proposed solution to the identified public problem is roughly proportional to that part of the need that is created or exacerbated by the landowner's development. The goal is to show that the proposed condition is reasonably related to all or part of an identified public need that arises from the development project.

A conditional use permit may be revoked by the hearing examiner. Revocation proceedings may be initiated by the director or aggrieved individuals may petition the hearing examiner to initiate revocation proceedings. A public hearing shall be held using the same procedures as required for initial consideration of an application for a conditional use permit. Such revocation or modifications shall be made on any one or more of the following grounds: