Chapter 4.4
CONDITIONAL USE PERMITS

Sections:

4.4.100    Purpose.

4.4.200    Approvals Process.

4.4.300    Application Submission Requirements.

4.4.400    Criteria, Standards and Conditions of Approval.

4.4.500    Additional Development Standards for Conditional Use Types.

4.4.100 Purpose.

There are certain uses, which, due to the nature of their impacts on surrounding land uses and public facilities, require a case-by-case review and analysis. These are identified as “Conditional Uses” in this code. The purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. [Ord. NS-2016, 2006]

4.4.200 Approvals Process.

A.    Application. An application for a new conditional use shall be processed as a Type II procedure, in conformance with BDC Chapter 4.1, Development Review and Procedures. The application shall meet submission requirements in BDC 4.4.300, Application Submission Requirements, and the approval criteria contained in BDC 4.4.400, Criteria, Standards, and Conditions of Approval.

B.    Modification of Approved or Existing Conditional Use. Modifications to approved or existing conditional uses shall be processed in accordance with BDC 4.1.1325, Modification of Approval. [Ord. NS-2016, 2006]

4.4.300 Application Submission Requirements.

In addition to the submission requirements in BDC Chapter 4.1, Development Review and Procedures, an application for conditional use approval must include the information listed below, as applicable.

A.    Existing site conditions;

B.    Site plan;

C.    Preliminary grading plan;

D.    Landscape plan;

E.    Architectural drawings of all structures;

F.    Drawings of all proposed signs;

G.    A copy of all existing and proposed restrictions or covenants;

H.    Narrative report or letter documenting compliance with all applicable approval criteria in BDC 4.4.400, Criteria, Standards and Conditions of Approval. [Ord. NS-2016, 2006]

4.4.400 Criteria, Standards and Conditions of Approval.

The City shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings with respect to each of the following standards and criteria:

A.    Use Criteria.

1.    The site size, dimensions, location, topography and access are adequate for the needs of the proposed use, considering the building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations;

2.    Any negative impacts of the proposed use on adjacent properties and on the public can be mitigated through application of other code standards, or other reasonable conditions of approval that include but are not limited to those listed in subsection (C) of this section; and

3.    All required public facilities have adequate capacity, as determined by the City, to serve the proposed use.

B.    Site Design Standards. Where appropriate, the criteria for Site Development Review approval listed in BDC 4.2.500(D), Site Plan Review Approval Criteria, shall be met.

C.    Conditions of Approval. The City may impose conditions that are found necessary to ensure that the use is compatible with other uses in the vicinity, and that any negative impact of the proposed use on the surrounding uses and public facilities is minimized. The City may impose as many of these and other applicable conditions on one conditional use application as it finds necessary. These conditions include, but are not limited to, the following:

1.    Limiting the hours, days, place and/or manner of operation;

2.    Requiring site or architectural design features that minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor and/or dust;

3.    Requiring larger setback areas, lot area, and/or lot depth or width than those required in this Development Code;

4.    Limiting the building height, size or lot coverage, and/or location on the site;

5.    Designating the size, number, location and/or design of vehicle access points or parking areas;

6.    Requiring street right-of-way to be dedicated and street(s), sidewalks, curbs, planting strips, pathways, or trails to be improved, so long as findings in the development approval indicate how the dedication and/or improvements, if not voluntarily accepted by the applicant, are roughly proportional to the impact of the proposed development;

7.    Requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas;

8.    Limiting the number, size, location, height and/or lighting of signs;

9.    Limiting or setting standards for the location, design, and/or intensity of outdoor lighting;

10.    Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance;

11.    Requiring and designating the size, height, location and/or materials for fences;

12.    Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands;

13.    Requiring the dedication of sufficient land to the public, and/or construction of pedestrian/bicycle pathways in accordance with adopted plans, so long as findings in the development approval indicate how the dedication and/or construction, if not voluntarily accepted by the applicant, is roughly proportional to the impact of the proposed development. Dedication of land and design and construction shall conform to the provisions of BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation.

D.    Hydroelectric Facilities. In addition to the general Conditional Use Permit criteria, the following criteria shall apply to any construction or expansion of, or other modification to, hydroelectric facilities in areas where such facilities are permitted as a conditional use:

1.    Conditional Use Criteria for a Hydroelectric Facility. A Conditional Use Permit may be granted for the construction or expansion of, or other modification to, a hydroelectric facility only upon findings by the Hearings Body that the proposal meets each of the following criteria, where applicable:

a.    The facility is located at and physically connected to an existing manmade diversion or impoundment.

b.    The facility will not increase the maximum surface area or capacity of the impoundment created by the existing dam or diversion to which the facility will be connected.

c.    The facility will maintain or enhance, to the greatest extent possible, the existing scenic, visual, environmental, and aesthetic qualities of the affected stretch of the stream or river.

d.    The facility will maintain or enhance the existing recreational opportunities on or adjacent to the affected stretch of the stream or river.

e.    The facility will maintain or enhance existing fish and wildlife habitat, and will have no adverse impact upon any threatened or endangered fish, wildlife, or plant species or their habitat.

f.    The facility and its operation will maintain or enhance existing water quality in the affected stretch of the stream or river, except during construction of the facility, during which time adverse impacts on water quality will be minimized. Specifically, the facility and its operation will not:

i.    Deposit, or create a zone for the deposit of, sediments in the stream or river or adjacent to the site;

ii.    Increase the temperature of the stream or river in the affected stretch by any means, including but not limited to removal of vegetation or reduction in stream flow; or

iii.    Create the potential for, or result in, spillage, leakage or discharge of oil, chemicals or other substances or waste products that could reach the stream or river.

g.    The facility and its operation will not increase soil or bank erosion or destroy bank habitat at or on land adjacent to the site, except during construction of the facility, during which time soil or bank erosion and destruction of bank habitat will be minimized.

h.    The facility and its operation will maintain existing public access to the affected stretch of the stream or river.

i.    The facility will not be located at or immediately adjacent to any identified archeological or historical site, national or State park, wildlife refuge, Bureau of Land Management Outstanding Natural Area or Area of Critical Environmental Concern, Federal Research Natural Area, or U.S. Forest Service Special Interest Area.

j.    The facility and its operation will comply with all applicable noise and pollution regulations of the Oregon Department of Environmental Quality.

k.    The facility and its operation will comply with all applicable State fill-and-removal statutes and regulations.

l.    The following shall be submitted for approval:

i.    Detailed construction plans and profiles of all facility features, including building elevations of the powerhouse and other structures, excavation plans and narrative as to where blasting will occur, where excess material will be deposited, and landscaping and reclamation plans.

ii.    Detailed plans for meeting the criteria set forth in subsection (C) of this section.

iii.    Detailed plans for stream or river enhancement documenting both on-site and off-site enhancement plans consistent with adopted stream- or river-related goals and policies, such as plans and methods for conserving water and enhancing stream flow. The plan shall identify costs, time schedules and coordination activities with affected persons and agencies for such enhancement plans.

iv.    A cash deposit or performance bond in an amount equal to 100 percent of the estimated cost of stream or river enhancement and landscaping.

v.    Detailed plans for a water conservation and stream enhancement program to be funded by a portion of revenues generated by the operation of the proposed facility. The program plans shall contain the following:

(A)    A program timetable;

(B)    Projected gross revenues from the proposed facility;

(C)    Projected program expenditures and the percentage of gross revenue they represent;

(D)    Projected water savings and the percentage of known current water losses they represent;

(E)    A declaration by the applicant that at least 50 percent of the conserved water will remain un-diverted by the applicant;

(F)    A declaration by the applicant that water diverted for power generation will not cause water flow in that affected stretch of the stream or river (from the diversion to the tailrace exit) to fall below the minimum stream flow for that stretch as recommended by the Oregon Department of Fish and Wildlife; and

(G)    A declaration by the applicant that he or she will enter into an agreement with the City of Bend, prior to beginning construction of the facility, by which the applicant agrees to fulfill all of the requirements in subsections (D)(1)(a) through (f) of this section. [Ord. NS-2016, 2006]

4.4.500 Additional Development Standards for Conditional Use Types.

A.    Concurrent Variance Application(s). A Conditional Use Permit shall not grant variances to regulations otherwise prescribed by the Development Code. Variance application(s) may be filed in conjunction with the conditional use application, and both applications may be reviewed concurrently.

B.    Additional Development Standards. Development standards for specific uses are contained in BDC Chapter 3.6, Special Standards for Certain Uses. [Ord. NS-2016, 2006]