This title is known as “The Coos Bay Development Code (CBDC).” This title replaces all other related development chapters and ordinances within the city of Coos Bay. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

No building or other structure shall be constructed, improved, altered, enlarged or moved; nor shall any use or occupancy of premises within the city be commenced or changed after the effective date of the ordinance codified in this title, except in conformity with conditions prescribed by this title. Where the CBDC imposes greater restrictions than those imposed or required by other rules, regulations or ordinances, the provisions of the CBDC shall control. It is unlawful for any person, firm, or corporation to erect, construct, establish, alter, enlarge, use or cause to be used, any buildings, structures, improvements or use of premises contrary to the provisions of this title. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The standards this title establishes are the minimum requirements necessary to protect public health, safety and general welfare. The city may impose conditions of approval beyond the standards identified to protect public health and welfare to allow the use or activity being proposed. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The purposes of this code are to implement the Coos Bay comprehensive plan, promote orderly city growth; to conserve and stabilize the value of property; to encourage the most appropriate use of land; to establish standards for population density; to provide adequate open space for light, air, and appropriate landscaping; to facilitate fire and police protection; to avoid traffic congestion; to provide for community facilities; and to promote and protect the public health, safety, convenience, and general welfare. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The text of this title is organized as follows: Section 1, General Administration; Section 2, Zoning; and Section 3, Land Development. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

(1) Defining Words. All words used in this title, unless otherwise defined in Chapter 17.150 CBDC, Definitions, shall be defined by the latest version of Merriam-Webster’s Unabridged Dictionary.

(2) Tenses and Usage.

(a) Words used in the singular include the plural. The reverse is true.

(b) Words used in the present tense include the future tense. The reverse is true.

(c) The words “must,” “shall,” “will” and “will not” are mandatory.

(d) “May” is permissive.

(e) “Prohibited” means that the proposed use or improvement is not allowed. An adjustment, variance, conditional use or other land use review shall not be approved if the effect of the approval would circumvent a prohibition. This does not preclude the council from making legislative changes in accordance with state law.

(3) Conjunctions. Unless the context clearly indicates otherwise, the following conjunctions have the following meanings:

(a) “And” indicates that all connected items or provisions apply;

(b) “Or” indicates that the connected items or provisions may apply singly or in combination; and

(c) “Either...or” indicates that the connected items or provisions apply singly, but not in combination.

(4) Lists. Lists of items that state “including the following,” “such as,” or similar language are not limited to just those items. Lists provide examples, but do not exhaust all possibilities. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

(1) General Hierarchy. When interpreting land use plans, policies, maps and standards, the city review authority shall apply the following general hierarchy of authority. In case of ambiguity or conflict, the review authority shall refer to and rely upon the Coos Bay comprehensive plan (CBCP) for guidance above all other city texts or maps.

(a) The CBCP is the highest authority and establishes land use policy and compliance in deference to state of Oregon planning goals. The CBCP is reviewed and updated periodically to respond to the changing needs and desires of the city. The comprehensive plan text supersedes plan designation maps.

(b) The Coos Bay Development Code (CBDC) text and zoning maps implement the CBCP. CBDC text supersedes zoning maps. Interpretations of CBDC text and zoning maps must be consistent with the CBCP.

(c) The city public works and engineering standards are utilized to implement the CDCP and the CBDC. Interpretations of the city public works and engineering standards must be consistent with the CBCP and with the CBDC text and zoning maps.

(d) The review authority shall not interpret general language in the CBCP so as to supersede specific or numeric standards in the CBDC or adopted engineering standards. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

(1) Land Use Approval and Building Permits.

(a) The review authority shall not process an application until the review authority finds the application to be technically complete.

(b) A technically complete application is an application that fully complies with the relevant portions of Chapter 17.130 CBDC (Procedures) and this title.

(c) The city will process technically complete applications for land use review relying upon the regulations in effect at the time the applicant submitted a complete application to the city.

(2) Legislative Changes. Applications for legislative changes, such as a plan amendment or annexation, do not create a vested right to development regulations in effect at the time the legislative application was submitted. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

If the requirements of this title are less restrictive than comparable requirements imposed by another provision of this CBDC or of any other ordinance of the city or requirement of the state of Oregon, the provision which is more restrictive shall govern. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The provisions of this code are severable. If any section, sentence, clause, or phrase of this code is judged by a court of law to be invalid, the decision shall not affect the remaining portions of this code and shall continue in full force and effect. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The director may make minor modifications to this title using a Type I process. These minor modifications include numbering, grammar, language clarifications and other minor corrections. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The Coos Bay planning commission (commission) shall consider and take actions consistent with Chapter 2.35 CBMC. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The city council may, at its discretion, create a Coos Bay planning department (department) which shall have such duties, authority and financing as the council deems appropriate. The city manager shall assign a person with the responsibility of directing the activities of the Coos Bay planning department who shall be known as the director. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The review authority is an individual or governing body delegated with the responsibility of issuing a final decision on a land use proposal. The review authorities responsible for issuing final decisions for land use proposals are:

(1) Type I application, director;

(2) Type II application, director;

(3) Type III application, planning commission; and

(4) Type IV application, city council, upon receipt of the recommendation of the planning commission. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

(1) The review authority responsible for making a decision regarding a given application may interpret relevant ambiguous terms in this title in the course of or in advance of making a decision on the merits of the application.

(a) If an interpretation is made in advance of a decision on the merits of an application, the interpretation shall be conducted as a Type I review and shall be included as part of the decision on the merits of the application.

(b) An interpretation may be appealed as part of an appeal of the decision on the merits of an application.

(2) A use that is not listed in any zone or district may be permitted by similar use determination pursuant to Type I process. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The review authority may impose conditions of development approval necessary to either ensure compliance with the purposes of this title, or to preserve and promote the general health, safety and welfare of Coos Bay. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

(1) Designation of Review Authority and Responsible Official.

(a) Unless otherwise noted, the director is the primary review authority and shall interpret and apply the provisions of the CBDC.

(b) Where noted in the CBDC, the director shall interpret and apply the provisions of the CBDC relating to transportation, water and sewer facilities and all other city infrastructure.

(c) The Coos Bay building official shall interpret and apply the building and construction provisions which the city has adopted.

(d) The Coos Bay fire chief is the responsible official for the purpose of administering the International Fire Code, CBMC 15.05.010(1)(a). [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The review authority shall determine the applicability of the CBDC for enforcement purposes. All departments, officials and public employees of the city vested with the duty or authority to issue permits shall conform to the provisions of the CBDC and shall issue no permit, certificate or license for any use, building or purpose which violates or fails to comply with conditions or standards imposed by the CBDC. Any permit, certificate or license issued in conflict with the provisions of the CBDC, intentionally or otherwise, shall be void. The review authority shall be responsible for carrying out the enforcement provisions of this title. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

(1) The director shall maintain the official Coos Bay comprehensive plan map, zoning map, and other official land use maps and shall, from time to time, update these maps to reflect amendments by the city council.

(2) The city shall maintain the complete record of all land use planning applications and decisions. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The city council shall establish a land use application fee schedule which shall be reviewed on a yearly basis. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The purpose of the Coos Bay development code (CBDC) procedures is to specify transparent public processes to assess and ensure compatibility between new developments, existing uses, and future developments consistent with the Coos Bay comprehensive plan (CBCP) goals and objectives. Land use and development approvals are required to promote land uses and development harmonious with their surroundings, maintain a high quality of life for area residents, and to ensure new developments are planned and designed to comply with the standards and criteria for development and land use in the Coos Bay Municipal Code. [Ord. 540 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020].

Land use project review and approval is required prior to issuance of building permits as required in this chapter. [Ord. 540 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

(1) Applicability. Applications for land use review are subject to procedures in this chapter unless otherwise expressly provided in other chapters of the CBDC.

(2) Concurrent Application. If the applicant requests more than one type of review for a given development, an applicant may submit all applications required for the development at one time, unless otherwise prohibited from doing so by law. Concurrent applications for a given development are subject to the highest type procedure that applies to any of the applications.

(3) Summary of Application Procedure Types and Processes. Application review of development proposals shall follow one of four types of procedures based on performance standards or application type. Procedures for specific land use applications are identified in CBDC Table 17.130.020(3) – Summary of Applications and Procedures. Procedures based on performance standards are listed in subsection (4) of this section. If the appropriate procedure is not clearly defined, the director shall decide which of the four procedures will apply based on the standards below for each type of procedure. At the discretion of the director, the land use process may be elevated from a Type I to a Type II, and a Type II to a Type III process based on the proposed development and reasonable compatibility with the surrounding properties.

(a) A Type I process involves nondiscretionary standards or standards that are clear and objective. The Type I process does not involve public notice or a public hearing prior to the decision. Refer to CBDC 17.130.080 for Type I procedure.

(b) A Type II process is based on a review of criteria that requires a limited amount of discretion. The Type II process includes public notice of the application and an opportunity for citizens to provide comments prior to the decision. The process does not include a public hearing unless the decision is appealed. Notice of the decision is provided to allow the applicant or an adversely affected person to appeal the decision to a higher local review authority. Refer to CBDC 17.130.090 for Type II procedure.

(c) A Type III process is a decision-making process in which the planning commission or a hearings officer makes a land use decision. The Type III process includes public notice and a public hearing, as well as the opportunity for a local appeal to be filed by the applicant, an individual who testified orally or in writing during the initial public hearing. Refer to CBDC 17.130.100 for Type III procedure.

(d) A Type IV process is a decision-making process in which the planning commission reviews the application and forwards a recommendation to the city council, which holds a public hearing and makes a final decision. The Type IV process includes public notice and public hearings before the planning commission and city council prior to the final decision. The city council decision is the final local decision. Refer to CBDC 17.130.110 for Type IV procedure.

(4) Procedure Types Based on Development Performance Standards.

(a) Type I reviews include:

(i) New construction or expansions of existing development of any of the following:

(A) Commercial, industrial, institutional, or multi-unit dwelling development that adds less than 20 percent floor area.

(B) New nonresidential development up to 5,000 square feet.

(C) Residential proposal, including subdivisions and certified factory-built home parks, on up to two acres.

(D) Parking lot not directly related to a primary use on the site with 20 or fewer new parking spaces.

(ii) A modification to an originally approved permit for land development or land use that includes minor changes determined by the director not affecting the use, originally approved design, or intent of the reviewing body of the originally approved permit for land development or land use.

(iii) Estuary and shoreland uses and activities subject to the requirements of Chapter 17.352 CBDC.

(iv) A property line adjustment and/or lot consolidation consistent with CBDC 17.363.020.

(v) Other development or uses authorized by and not prohibited in the underlying zoning district that the director determines does not result in an appreciable increase in land use activity and intensity nor create a significant adverse impact.

(vi) Temporary use permit for a temporary use of 60 days or less consistent with Chapter 17.337 CBDC.

(vii) Flood development permit or variance to flood development permit consistent with Chapter 17.318 CBDC.

(viii) Home occupation permit consistent with CBDC 17.320.010(2).

(b) Type II reviews include:

(i) New construction or expansion of existing development of any of the following:

(A) Commercial, industrial, institutional, or multi-unit dwelling development that adds 20 percent or more to existing floor area.

(B) Nonresidential development of 5,001 to 20,000 square feet.

(C) Residential proposals, including subdivisions and certified factory-built home parks, on two to four acres.

(D) Parking lots not directly related to a primary use on the site with 21 to 50 spaces.

(ii) Vacation rentals as defined in Chapter 17.150 CBDC.

(iii) Single room occupancies.

(iv) A technically complete application for a preliminary partition identified in CBDC 17.359.010.

(v) Other development or use the director determines appropriate for a Type II review that is authorized by and not prohibited in the underlying zoning district and that does not result in an appreciable increase in land use activity or intensity, does not create significant adverse impact to the vicinity of the proposed use or development, and is compatible with surrounding land uses.

(vi) Adjustment review, as specified in CBDC 17.372.030(1)(a) for development noted in subsections (4)(b)(i), (ii), (iii) and (v) of this section.

(vii) Conditional use permits associated with projects of scope and size noted in subsections (4)(b)(i), (ii), (iii) and (v) of this section.

(viii) Cultural resources permit associated with projects of scope and size noted in subsections (4)(b)(i), (ii) and (v) of this section.

(ix) Architectural review associated with projects of scope and size noted in subsections (4)(b)(i), (ii) and (vi) of this section.

(x) Conditional use permit modification consistent with Chapter 17.347 CBDC.

(xi) Temporary use permit for a temporary use of more than 60 days consistent with Chapter 17.337 CBDC.

(xii) Home occupation permit consistent with CBDC 17.320.010(2).

(xiii) Partitions consistent with Chapter 17.359 CBDC.

(c) Type III reviews include:

(i) Nonresidential development greater than 20,001 square feet.

(ii) Residential proposals, including subdivisions and certified factory-built home parks, on four or more acres.

(iii) Parking lots not directly related to a primary use on the site with 51 or more parking spaces.

(iv) Other development or use the director determines appropriate for a Type III review that is authorized by and not prohibited in the underlying zoning district and that does not result in an appreciable increase in land use activity or intensity, does not create significant adverse impact to the vicinity of the proposed use or development, and is compatible with surrounding land uses.

(v) Adjustment review as specified in CBDC 17.372.030(1)(b) for development noted in subsections (4)(c)(i), (ii), (iii) and (iv) of this section.

(vi) Conditional use permit associated with projects of scope and size noted in subsections (4)(c)(i), (ii), (iii), and (iv) of this section.

(vii) Cultural resources permit associated with projects of scope and size noted in subsections (4)(c)(i), (ii), (iii), and (iv) of this section.

(viii) Architectural review associated with projects of scope and size noted in subsections (4)(c)(i), (ii), (iii) and (iv) of this section.

(d) Type IV reviews include reviews by the planning commission, who makes a recommendation to city council. City council makes the final decision and on a legislative proposal, the city council makes a final decision through the enactment of an ordinance. Type IV reviews include but are not limited to creation of and/or amendments to city land use policies and regulations such as but not limited to:

(i) Zoning code amendment.

(ii) Comprehensive plan map and text amendments, including the estuary plan and city transportation plan.

(iii) This title, development code map and text amendments.

(iv) Urban growth boundary changes.

(v) Annexations.

(5) Undefined Review. If this title is silent as to the type of review procedure required, the director shall, using a Type I review process, determine the appropriate level of review.

(6) At the discretion of the director, uses determined similar to uses specified in this title may be permitted subject to the provisions of this chapter.

(7) Highest Review Level. If a review is subject to multiple permits submitted concurrently, the highest level of review for any one of the permits shall be required for all permits. [Ord. 544 § 10 (Att. B), 2021; Ord. 540 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.130.030].

The development and land uses noted in Table 17.130.030 only require a general review and do not require a land use application if the development and/or land use is allowed in the zoning district where proposed. Proposals are subject to applicable standards and conditions of the development code and other provisions of the applicable Municipal Code requirements and state law.

[Ord. 54    0 § 6 (Exh. 1), 2021].

(1) Requirement. Unless otherwise expressly provided in this title, all applications subject to Type III or Type IV review are subject to pre-application review unless the director waives the requirement in writing.

(2) Waiver. The director may waive a pre-application review; however, the applicant shall acknowledge on the pre-application waiver form that s/he understands that waiver of pre-application review may increase the maximum time for review for technically complete status and may increase the risk that the application will be rejected, or processing will be delayed.

(3) Application Requirements and Contents. A pre-application submittal shall include a nonrefundable pre-application fee, a completed pre-application form provided by the city with the requisite fee and three paper copies to fit on an eight-and-one-half-inch by 11-inch page and one electronic copy of the following information:

(a) A preliminary site plan which shall include, where applicable, a north arrow, date, graphic scale, existing and proposed lots, tracts, easements, rights-of-way, development, access, parking, maneuvering, structures and landscaping on the site; existing and proposed natural features on the site, including vegetation, topography and grades; existing and proposed utilities (water, sewer, drainage, fire hydrants); and existing lots, tracts, easements, rights-of-way and structures abutting the site; provided, information about off-site structures and other features may be approximate if such information is not in the public record. Principal features of the plan shall be dimensioned by architectural scale;

(b) Drawings showing proposed elevations or a likeness of the proposed structures;

(c) Proposed dedications to the city or other agency, if applicable;

(d) A written description of the proposed use or development. The descriptions shall identify any variances, adjustments or exceptions needed for approval of the plan.

(4) Scheduling, Notice and Attendees.

(a) Within seven calendar days after receipt of an application for pre-application review, the city shall mail or otherwise convey written notice of the pending pre-application conference to the applicant and other interested agencies. The notice shall state the date, time and location of the pre-application conference, the purposes of pre-application review, and the nature of the conference.

(b) The pre-application conference shall be scheduled not more than 21 calendar days after the notice is mailed or otherwise conveyed.

(c) The director shall determine who shall be invited to the meeting. In addition to the applicant and representatives, possible attendees include the design assistance team (DAT), the director, the city engineer, a representative from affected service districts, including transportation and transit agencies and representatives from interested state agencies and neighborhood associations recognized by the city council or by Coos County.

(5) Meeting Summary. Within 14 calendar days after a pre-application conference, the director will provide a written summary of the conference to the applicant and to other persons who request it. The written summary shall:

(a) Summarize the proposed application(s);

(b) Provide the relevant approval criteria and development standards in the city code or other applicable law; and exceptions, adjustments or other variations from applicable criteria or standards that may be necessary;

(c) Evaluate the information offered by the applicant to comply with the relevant criteria and standards, and identify specific additional information that is needed to respond to the relevant criteria and standards or is recommended to respond to other issues;

(d) Identify applicable application fees in effect at the time, with a disclaimer that fees may change;

(e) Identify information relevant to the application that may be in the possession of the city or other agencies of which the city is aware, such as:

(i) Comprehensive plan map designation and zoning on and in the vicinity of the property subject to the application;

(ii) Physical development limitations, such as steep or unstable slopes, wetlands, or water bodies, that exist on and in the vicinity of the property subject to the application;

(iii) Other applications that have been approved or are being considered for land in the vicinity of the property subject to the proposed application that may affect or be affected by the proposed application.

(6) Time Limit. The written summary of a pre-application conference is valid for up to one year from the date of the meeting summary provided by the city. If more than one year has elapsed between the date of the last pre-application conference and the date an application is submitted, a new pre-application conference shall be required for future development subject to CBDC 17.130.020. [Ord. 540 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.130.020].

(1) All land use applications subject to a Type I, II, III, or IV review shall contain at a minimum the contents listed in Table 17.130.040(1) – Minimum Requirements for All Applications.

(2) A project site plan identifying existing conditions to remain, and the proposed development and/or land use. The site plan shall include all relevant information from Table 17.130.040(2) – Site Plan Requirements determined by the director to demonstrate the proposed development and/or land use complies, or can be conditioned to comply, with each applicable CBCP, this title, and other city and state policies, regulations, and approval criteria applicable to the application.

(3) Any additional information including but not limited to Table 17.130.040(3) – Additional Contents required by the director to demonstrate the proposed development and/or land use complies, or can be conditioned to comply, with each applicable CBCP, this title, and other city and state policies, regulations, and approval criteria applicable to the application.

(4) Additional application contents associated with a specific application required for the proposed development and/or land use. See Table 17.130.040(4) for specific permit/review applications and applicable code sections with additional application contents and process requirements.

[Ord. 540 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

(1) Applicability and Schedule. Before accepting an application subject to a Type I, II, or III review, the director shall determine within 30 calendar days after the application is submitted whether the application is technically complete.

(2) Technically Complete Status. An applicant for development and/or land use review shall submit the requisite nonrefundable fee, three paper copies formatted to an eight-and-one-half-inch by 11-inch sized page (all plans must be folded to a size equal or less than 11 inches by 17 inches) and one electronic copy of the information required by CBDC 17.130.040 except as otherwise provided therein. Additional copies may be required, depending upon who the review authority is for the application type.

(3) Additional Information. Additional information may be requested by the director.

(4) Excluded Information and Application Fees. The director may accept as technically complete an application without information listed as being required if such information is not necessary to make a finding consistent with CBCP, this title, and other city and state policies, regulations, and approval criteria applicable to the application. However, no application shall be accepted for review without required nonrefundable application fees.

(5) Missing Information. If the director determines a Type I, II or III application is not technically complete, within 30 calendar days after the city receives the application the director shall send the applicant a written statement rejecting the application. Incompleteness shall be based solely on failure to pay required fees, failure to address the relevant criteria or development regulations, or failure to supply information to assure the decision maker and public understanding of the application. The statement shall:

(a) List what is required to make the application technically complete;

(b) Specify a date by which the required missing information must be provided;

(c) State that the applicant can apply to extend the deadline for filing the required information, and explain how to do so; and

(d) Include recommendations for additional information that, although not necessary to make the application technically complete, are recommended to address other issues that are or may be relevant to the review.

(6) Final Actions for a Technically Incomplete Application. If the director decides that all of the required information is not submitted by the date specified in a rejected application, or as extended, the director shall:

(a) Provide a letter rejecting the application for lack of completeness and stating the reasons for the return; or

(b) Issue a decision denying the application based on a lack of information.

(7) The application will be deemed complete by the director for the purpose of this section upon receipt of:

(a) All the missing information;

(b) Some of the missing information and written notice from the applicant that no other information will be provided; or

(c) Written notice from the applicant that none of the missing information will be provided.

(8) Pursuant to ORS 227.178, the city will reach a final decision that approves, approves with conditions, or denies the application. The city will reach its decision within 120 calendar days from the date that the application was determined to be complete or deemed complete (unless the applicant agrees to extend the 120-calendar-day timeline or unless state law provides otherwise); including time for any possible appeal up to an appeal by the Land Use Board of Appeals (LUBA). However, an applicant may agree in writing to extend that time and may provide additional information within that time at the request of the city. Any exceptions to this rule shall conform to the provisions of ORS 227.178. The 120-day rule does not apply to Type IV legislative decisions including this title, development code map and text amendments; comprehensive plan map and text amendments, including the estuary plan and city transportation plan; urban growth boundary changes; and annexations.

(9) The 120-calendar-day timeline may be extended at the written request of the applicant.

(10) The applicant may amend the application up to and including 14 calendar days after the application has been deemed complete.

(11) Amendments to an application submitted more than 14 calendar days after the application is deemed complete may be determined by the director to be so substantial that the application shall be treated as having been refiled. In such a case, the director shall provide the applicant with the following options: provide the city with a waiver of the 120-day time frame set forth in ORS 227.178 of a minimum of 14 calendar days from the date the amendment was submitted; treat the application as having been refiled as of the date the amendment was submitted; or decide the application on the basis of the applicant’s materials without the amendment.

(12) For any application which has been on file with the city for more than 90 calendar days and the applicant has not met the obligations of this section, the application will be deemed withdrawn. [Ord. 540 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The city shall provide all required notices subject to Type II, III, or IV review to:

(1) The applicant and the applicant’s representative;

(a) The property owner of record; shall be the person(s) listed in the records of the Coos County assessor; and

(b) Failure of a property owner to receive notice shall not affect the decision if the notice was sent. A sworn certificate of mailing or transmittal confirmation executed by the person who did the mailing or notification shall be conclusive evidence that notice was provided to parties listed or referenced in the certificate;

(2) Agencies with jurisdiction, including transportation and transit agencies; and

(3) Other persons with standing who request such notice in writing. [Ord. 544 § 10 (Att. B), 2021; Ord. 540 § 6 (Exh. 1), 2021].

The authorizing authority shall approve a land use application if the applicant has sustained the burden of proving that:

(1) The application complies with the applicable regulations of the Coos Bay comprehensive plan and development code; or that the application can comply with all applicable regulations by complying with adopted conditions of approval; or that necessary variances have been approved; or that adopted conditions of approval have been met prior to final plat approval.

(2) The development makes adequate provision for public services consistent with the level of service provided in adopted city policies, plans and regulations.

(3) The development will not have a significant adverse effect on adjacent properties or public facilities. [Ord. 540 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

(1) All development and/or land use authorized for a property shall conform to the authorized site plans, floor plans and elevations imposed thereon unless amended or replaced by a subsequent city approval.

(2) Compliance with all conditions of approval for development and/or land use authorized for a property shall be met prior to occupancy. If authorized by the director, conditions specific to public and site improvements may be accomplished in phases by performance bonds or other suitable security as determined by the director to secure an applicant’s obligation to comply with development and/or land use authorization conditions of the approval. [Ord. 540 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020].

(1) Application contents as noted in CBDC 17.130.040. Refer to CBDC 17.130.070 for approval criteria.

(2) Notice of Application. No notice is required for a Type I application.

(3) Decision. Within 30 calendar days after the date an application subject to a Type I process is accepted as technically complete, the director shall issue a notice of decision that the application is approved, approved with conditions, or denied; provided, an applicant may agree in writing to extend that time and may provide additional information within that time at the request of the city.

(a) Notice of Decision. The notice of decision shall include a brief summary of the relevant facts and applicable standards for the application and of how the application complies with those standards based on the facts and evidence, including any conditions of approval. The city shall provide an electronic copy and hard copy of the decision to the applicant and applicant’s representative(s).

(i) Contents of a Notice of Decision. A notice of decision shall contain at least the following information:

(A) A copy or summary of the written decision;

(B) The appeal closing date;

(C) A description of how to file an appeal of the decision, including applicable fees;

(D) A statement that the public record in the case is available for review and the place, days and times for review; and

(E) The name and telephone number of the city staff person to contact for information about the case or to review the case file.

(ii) Distribution of Notices. Refer to CBDC 17.130.060.

(4) Appeal of a Type I Decision.

(a) Deadline. An appeal together with the requisite fee and information must be received by the city within 15 calendar days of the date of the notice of decision being issued. Any appeal heard by the city’s planning commission or city council must be heard within the 120-day appeal period pursuant to subsection (4)(f) of this section.

(b) Standing. A final decision regarding an application subject to a Type I process may be appealed only by the applicant or applicant’s representative.

(c) Appeal Contents. An appeal shall include the appropriate fee and the following information:

(i) A form provided for that purpose by the city;

(ii) The case number as designated by the city;

(iii) The name of the applicant;

(iv) The name, address and signature of each appellant;

(v) The reasons why each aspect is in error as a matter of fact or law; and

(vi) The evidence relied on to prove the error.

(d) Scope of Review. An appeal of a Type I decision shall be conducted de novo. “De novo” means a hearing by the appeal authority can be held as if the action had not been previously heard and as if no decision had been rendered, except that all testimony, evidence and other material from the record of the previous consideration shall be included in the record of the review. Except as otherwise specified in this code, or required by state law, the appeal authority may hear the entire matter de novo; or it may admit additional testimony and other evidence without holding a de novo hearing if it is satisfied that additional testimony or other evidence could not reasonably have been presented at the prior hearing. The appeal authority shall consider all of the following in making such a decision:

(i) Prejudice to the parties.

(ii) Convenience or availability of evidence at the time of the initial hearing.

(iii) Surprise to opposing parties.

(iv) The competency, relevancy and materiality of the proposed testimony or other evidence.

(v) Such other factors as may be determined by the reviewing body to be appropriate.

(e) Appeal Authority. Within seven calendar days after a timely, complete appeal is filed regarding a decision subject to a Type I process, the city shall send to the planning commission or hearing officer a copy of the appeal and the case file together with any new evidence submitted with the appeal. Within 21 calendar days after a timely, complete appeal is filed, the planning commission shall send to the city a final decision for distribution to the applicant and applicant’s representative.

(f) Appeal Authority Decision.

(i) Upon review, the appeal authority shall by final order affirm, reverse or modify in whole or part a determination or requirement of the decision that is under review.

(A) When the appeal authority modifies or renders a decision that reverses a decision, the final order shall set forth its findings and state the reasons for taking the action.

(B) When the appeal authority modifies or renders a decision, the final order shall set forth its findings and state the reasons for taking the action.

(C) When the appeal authority remands the matter back to the lower review body for further consideration as it deems necessary, it shall include a statement explaining the error to have materially affected the outcome of the original decision and the action necessary to rectify such.

(ii) If the appeal is heard by the planning commission, action by the planning commission shall be decided by a majority vote of its members present at the meeting at which review was made and shall be taken either at that or any subsequent meeting. If the appeal is heard by a hearing officer, the hearing officer shall take the action. Pursuant to ORS 227.178, the city shall issue the final decision within 120 calendar days from the date the application was deemed technically complete unless the applicant agrees to extend the 120-calendar-day timeline or unless state law provides otherwise. In no case shall the review body render its decision later than 60 calendar days after the filing of the request for review. The city shall file the final decision within five working days after it is rendered.

(5) Revocation of Type I Permits.

(a) Revocation of Type I permits may be initiated by the director with a 60-day notification to a property owner and his/her representative that the permit requirements are not being satisfied.

(b) Revocation by the Director. The director may revoke a Type I permit if s/he finds that:

(i) The Type I use or development is not consistent with its authorization or other applicable standards of this title; and

(ii) The applicant has failed to remedy the alleged violation within 60 calendar days after the director provides notice of the alleged violation to the operator and/or owner of a Type II use or development.

(c) Revocation of Type I permits is subject to subsection (4) of this section. [Ord. 540 § 6 (Exh. 1), 2021; Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

(1) Application contents as noted in CBDC 17.130.040. Refer to CBDC 17.130.070 for approval criteria.

(2) Notice of Application. Twenty days prior to the director’s decision, the city shall provide written notice of the application within 150 feet of the application site; however, notification of a Type II permit for a vacation rental as regulated by Chapter 17.370 CBDC shall require a written notice of LU application within 300 feet of the application site.

(a) Contents of a Notice of Application Subject to Type II Review. The notice of Type II application shall contain at least the following information:

(i) The file number;

(ii) The name(s) and address(es) of the applicant and owner;

(iii) The legal description of the site;

(iv) The street address or other easily understood geographical reference to the subject property;

(v) A description of the proposal and a listing of the approval criteria by applicable code section number;

(vi) A statement that the application can be reviewed at City Hall during working hours, and that copies can be obtained for a fee equal to the city’s cost for providing the copies;

(vii) The name and contact information of the city representative to contact regarding the application;

(viii) An invitation to comment, in writing, on the proposal and the place, date and time that comments are due; and

(ix) A statement outlining the appeals process.

(b) Comments. The city shall provide the applicant a copy of comments timely received in response to the notice.

(c) Distribution of Notices. Refer to CBDC 17.130.060.

(3) Decision.

(a) Within 120 calendar days after the date an application subject to a Type II process is accepted as technically complete, the review authority shall issue a decision that approves, approves with conditions, or denies the application; including time for any possible appeal up to an appeal by the Land Use Board of Appeals (LUBA); provided, an applicant may agree in writing to extend that time and may provide additional information within that time at the request of the city.

(b) The decision shall include a brief summary of the relevant facts and applicable standards for the application and a summary of how the application complies with those standards based on the facts and evidence, including any conditions of approval.

(c) Notice of Decision. Within seven calendar days after issuing a decision, the city shall mail notice of the decision to interested agencies and property owners within 150 feet of the subject application area.

(i) Contents of a Notice of Decision. A notice of decision shall contain at least the following information:

(A) A copy or summary of the written decision;

(B) The appeal closing date;

(C) A description of how to file an appeal of the decision, including applicable fees;

(D) A statement that the public record in the case is available for review and the place, days and times for review; and

(E) The name and telephone number of the city staff person to contact for information about the case or to review the case file.

(ii) Distribution of Notices. Refer to CBDC 17.130.060.

(d) Effective Date of Decision. Unless a condition of approval specifies otherwise or the decision is appealed pursuant to subsection (4) of this section, a Type II decision becomes effective upon the date the city mails the notice of decision.

(4) Appeal of a Type II Decision.

(a) Deadline. An appeal together with the requisite fee and information must be received by the city within 15 calendar days of the date of the final order being issued. Any appeal heard by the city’s planning commission or city council must be heard within the 120-day appeal period pursuant to subsection (4)(f) of this section.

(b) Standing. A final decision regarding an application subject to a Type II process may be appealed by the applicant or applicant’s representative or by any person, agency or firm with an interest in the matter.

(c) Appeal Contents. An appeal shall include the appropriate fee and the following information:

(i) A form provided for that purpose by the city;

(ii) The case number as designated by the city;

(iii) The name of the applicant;

(iv) The name, address and signature of each appellant;

(v) The reasons why each aspect is in error as a matter of fact or law; and

(vi) The evidence relied on to prove the error.

(d) Scope of Review. An appeal of a Type II decision shall be conducted de novo. “De novo” means a hearing by the appeal authority can be held as if the action had not been previously heard and as if no decision had been rendered, except that all testimony, evidence and other material from the record of the previous consideration shall be included in the record of the review. Except as otherwise specified in this code, or required by state law, the appeal authority may hear the entire matter de novo; or it may admit additional testimony and other evidence without holding a de novo hearing if it is satisfied that additional testimony or other evidence could not reasonably have been presented at the prior hearing. The appeal authority shall consider all of the following in making such a decision:

(i) Prejudice to the parties.

(ii) Convenience or availability of evidence at the time of the initial hearing.

(iii) Surprise to opposing parties.

(iv) The competency, relevancy and materiality of the proposed testimony or other evidence.

(v) Such other factors as may be determined by the reviewing body to be appropriate.

(e) Appeal Authority. For an appeal regarding a decision subject to a Type II process, the city shall schedule a public hearing to be held by the planning commission not more than 35 days from the date a complete appeal was timely filed. Notice and a staff report shall be provided, a public hearing shall be conducted, and a decision shall be made and noticed regarding the appeal as for applications subject to a Type III process in CBDC 17.130.100.

(f) Review Body Decision.

(i) Upon review, the appeal authority shall by final order affirm, reverse or modify in whole or part a determination or requirement of the decision that is under review.

(A) When the appeal authority modifies or renders a decision that reverses a decision, the final order shall set forth its findings and state the reasons for taking the action.

(B) When the appeal authority modifies or renders a decision, the final order shall set forth its findings and state the reasons for taking the action.

(C) When the appeal authority remands the matter back to the lower review body for further consideration as it deems necessary, it shall include a statement explaining the error to have materially affected the outcome of the original decision and the action necessary to rectify such.

(ii) Action by the appeal authority shall be decided by a majority vote of its members present at the meeting at which review was made and shall be taken either at that or any subsequent meeting. Pursuant to ORS 227.178, the city shall issue the final decision within 120 calendar days from the date the application was deemed technically complete unless the applicant agrees to extend the 120-calendar-day timeline or unless state law provides otherwise. In no case shall the review body render its decision later than 60 calendar days after the filing of the request for review. The city shall file the final decision within five working days after it is rendered.

(5) Revocation of Type II Permits.

(a) Except as otherwise expressly provided by the Coos Bay development code, revocation of Type II permits may be initiated by the director with a 60-day notification by mail to a property owner that the permit requirements are not being satisfied. Notification to surrounding property owners will be provided pursuant to subsection (2) of this section. Notification will include a statement that the revocation determination can be reviewed at City Hall during working hours and that copies can be obtained for a fee equal to the city’s cost for providing the copies.

(b) Revocation by the Director. The director may revoke a Type II permit if s/he finds that:

(i) The Type II use or development is not consistent with its authorization or other applicable standards of this title; and

(ii) The applicant has failed to remedy the alleged violation within 60 calendar days after the director mails notice of the alleged violation to the operator and/or owner of a Type II use or development.

(c) Revocation of Type II permits is subject to subsection (4) of this section. [Ord. 549 § 1, 2022; Ord. 540 § 6 (Exh. 1), 2021; Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

(1) Application contents as noted in CBDC 17.130.040. Refer to CBDC 17.130.070 for approval criteria.

(2) Notice of Application. Twenty days prior to the director’s decision, the city shall mail a written notice of the application to property owners within 300 feet of the application site.

(a) Contents of a Notice of Application Subject to Type III Review. The notice of Type III application shall contain at least the following information:

(i) The file number;

(ii) The name(s) and address(es) of the applicant and owner;

(iii) The legal description of the site;

(iv) The street address or other easily understood geographical reference to the subject property;

(v) A description of the proposal and a listing of the approval criteria by applicable code section number;

(vi) A statement that the application can be reviewed at City Hall during working hours, and that copies can be obtained for a fee equal to the city’s cost for providing the copies;

(vii) The name and contact information of the city representative to contact regarding the application;

(viii) An invitation to comment, in writing, on the proposal and the place, date and time that comments are due;

(ix) A statement outlining the appeals process.

(x) The date, time and place of the hearing;

(xi) A statement that the planning commission will conduct the hearing in accordance with the rules of procedure adopted by the planning commission;

(xii) A statement that the staff report will be available at least seven days prior to the hearing and how the report may be viewed; and

(xiii) A statement that interested parties may testify orally or in writing at the public hearing.

(b) Comments. The city shall provide the applicant a copy of comments timely received in response to the notice.

(c) Distribution of Notices. Refer to CBDC 17.130.060.

(3) Public Hearing. An application subject to a Type III process will be considered at one or more public hearings before the city’s planning commission or a hearings officer.

(a) Notice of Hearing. At least 20 calendar days before the date of the hearing, the city shall mail public notice of the hearing to adjoining property owners within a 300-foot radius of the application site as provided in subsection (2) of this section.

(b) Staff Report. At least seven calendar days before the date of the hearing, the director shall make available a hard copy of the staff report regarding the application available at City Hall, an electronic copy of the staff report available on the city website, and shall mail a hard copy of the staff report to the planning commission, the applicant, and the applicant’s representative(s) and other parties who request it. The staff report shall set out the relevant facts and applicable standards for the application and a summary of how the application complies with those standards based on the facts and evidence, including any conditions of approval.

(c) Public Hearing Procedure. Public hearings shall be conducted in accordance with the rules of procedure adopted by the planning commission or the hearings officer. A public hearing shall be recorded on audio or audiovisual tape.

(i) At the beginning of a hearing an announcement shall be made to those in attendance that:

(A) Lists the applicable approval criteria by development code section number.

(B) Testimony, arguments and evidence must be directed toward the applicable criteria or other criteria in the comprehensive plan or development code which the person believes to apply to the application.

(C) Failure to raise an issue accompanied by statements or evidence with sufficient specificity to afford the decision-making authority and the parties an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue.

(D) Failure of the applicant to raise constitutional or other issues relating to the proposed conditions of approval with sufficient specificity to allow the city to respond to the issue precludes an action for damages in circuit court.

(E) The decision-making authority must be impartial and that members of the decision-making authority shall not have any bias or personal or business interest in the outcome of the application. Prior to the receipt of any testimony, members of the decision-making authority must announce any ex-parte contacts. The decision-making authority shall afford parties an opportunity to challenge any member thereof based on bias, conflicts of interest, or ex-parte contacts.

(F) States that if any member of the decision-making authority has visited the site, they shall describe generally what was observed.

(G) Summarizes the procedure of the hearing.

(ii) After the announcements, the chair shall call for presentation of the staff report. Staff shall describe the proposal and provide a recommendation.

(iii) After the presentation of the staff report, the chair shall call for the applicant’s testimony, opposition testimony and neutral testimony, in that order.

(iv) At the conclusion of the hearing on each application, the planning commission shall announce one of the following actions:

(A) That the hearing is continued. If the hearing is continued to a place, date and time certain, then additional notice of the continued hearing is not required to be mailed, published or posted. If the hearing is not continued to a place, date and time certain, then notice of the continued hearing shall be given as though it was the initial hearing.

(B) That the public record is held open to a date and time certain. The planning commission shall state where additional evidence and testimony can be sent and shall announce any limits on the nature of the evidence that will be received after the hearing.

(C) That the application(s) is/are taken under advisement, denied, approved, or approved with conditions, together with a brief summary of the basis for the decision, and that a final order will be issued as provided in this section.

(4) Decision. Within 14 calendar days after the date the record closes regarding a given application(s), the director shall submit to the city a written decision regarding the application(s). The decision shall set out the relevant facts and applicable standards for the application(s) and a summary of how the application(s) complies with those standards based on the facts and evidence, including any conditions of approval.

(a) Notice of Decision. Within seven working calendar days of the date of the decision, the city shall provide a notice of decision to property owners within a 300-foot radius of the application site.

(i) Contents of a Notice of a Decision. Notice of a decision shall contain at least the following information:

(A) A copy or summary of the written decision;

(B) The appeal closing date;

(C) A description of how to file an appeal of the decision, including applicable fees;

(D) A statement that the public record in the case is available for review and the place, days and times for review; and

(E) The name and telephone number of the city staff person to contact for information about the case or to review the case file.

(ii) Distribution of Notices. Refer to CBDC 17.130.060.

(b) Effective Date of a Decision. A decision becomes final 15 calendar days from the receipt of the planning commission final order.

(5) Appeal of a Type III Decision.

(a) Deadline. An appeal together with the requisite fee and information must be received by the city within 15 calendar days of the date of the final order being issued. Any appeal heard by the city council must be heard within the 120-day appeal period.

(b) Standing. A final decision regarding an application subject to a Type III process may be appealed by the applicant or applicant’s representative or by any person, agency or firm who offered oral or written testimony before the planning commission or hearings officer closed the public record in the case.

(c) Appeal Contents. An appeal shall include the appropriate fee and the following information:

(i) A form provided for that purpose by the city;

(ii) The case number as designated by the city;

(iii) The name of the applicant;

(iv) The name, address and signature of each appellant;

(v) The reasons why each aspect is in error as a matter of fact or law; and

(vi) The evidence relied on to prove the error.

(d) Scope of Review. The appeal authority scope of review of a Type III decision is limited to the record of the original action on the application.

(e) Appeal Authority. For an appeal regarding a decision subject to a Type III process, the city shall schedule a public hearing to be held by the city council not more than 35 days from the date a complete appeal was timely filed. Notice and a staff report shall be provided, a public hearing shall be conducted, and a decision shall be made and noticed regarding the appeal as for applications subject to a Type III process in this section.

(f) Review on the Record.

(i) The record on appeal of a Type III decision shall be limited to:

(A) A factual report prepared by the director.

(B) All exhibits, materials, pleadings, memoranda, stipulations and motions submitted by any party and received or considered in reaching the decision under review.

(C) The written transcript or electronic recording of the hearing and a detailed summary of the evidence.

(ii) The city council shall make its decision based upon the record after first granting the right of argument on the record, but not the introduction of additional evidence, to any party who has filed a notice of appeal. The appeal authority shall decide if the correct procedure was followed and, if so, was the correct or appropriate decision made based on the applicable policies.

(g) Review Body Decision.

(i) Upon review, the city council shall by final order affirm, reverse or modify in whole or part a determination or requirement of the decision that is under review.

(A) When the appeal authority modifies or renders a decision that reverses a decision, the final order shall set forth its findings and state the reasons for taking the action.

(B) When the appeal authority modifies or renders a decision, the final order shall set forth its findings and state the reasons for taking the action.

(C) When the appeal authority remands the matter back to the lower review body for further consideration as it deems necessary, it shall include a statement explaining the error to have materially affected the outcome of the original decision and the action necessary to rectify such.

(ii) Action by the city council shall be decided by a majority vote of its members present at the meeting at which review was made and shall be taken either at that or any subsequent meeting. Pursuant to ORS 227.178, the city shall issue the final decision within 120 calendar days from the date the application was deemed technically complete unless the applicant agrees to extend the 120-calendar-day timeline or unless state law provides otherwise. In no case shall the review body render its decision later than 60 calendar days after the filing of the request for review. The city shall file the final decision within five working days after it is rendered.

(6) Revocation of Type III permits.

(a) Except as otherwise expressly provided by the Coos Bay development code, revocation of Type III permits may be initiated by the director with a 60-day notification by mail to a property owner that the permit requirements are not being satisfied. Notification to surrounding property owners will be provided pursuant to subsection (2) of this section. Notification will include a statement that the revocation determination can be reviewed at City Hall during working hours and that copies can be obtained for a fee equal to the city’s cost for providing the copies.

(b) Revocation by the Planning Commission. The planning commission may revoke a Type III permit if they find that:

(i) The Type III use or development is not consistent with its authorization or other applicable standards of this title; and

(ii) The applicant has failed to remedy the alleged violation within 60 calendar days after the director mails notice of the alleged violation to the operator and/or owner of a Type III use or development.

(c) Revocation of Type III permits is subject to subsection (5) of this section. [Ord. 540 § 6 (Exh. 1), 2021; Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

(1) Application contents as noted in CBDC 17.130.040. Refer to CBDC 17.130.070 for approval criteria.

(2) Notice of Application. Twenty days prior to the director’s decision, the city shall mail a written notice of the application to property owners within 300 feet of the application site.

(a) Contents of a Notice of Application Subject to Type IV Review.

(i) The file number;

(ii) The name(s) and address(es) of the applicant and owner;

(iii) The legal description of the site;

(iv) The street address or other easily understood geographical reference to the subject property;

(v) A description of the proposal and a listing of the approval criteria by applicable code section number;

(vi) A statement that the application can be reviewed at City Hall during working hours, and that copies can be obtained for a fee equal to the city’s cost for providing the copies;

(vii) The name and contact information of the city representative to contact regarding the application;

(viii) An invitation to comment, in writing, on the proposal and the place, date and time that comments are due;

(ix) A statement outlining the appeals process.

(x) The date, time and place of the hearing;

(xi) A statement that the planning commission will conduct the hearing in accordance with the rules of procedure adopted by the planning commission;

(xii) A statement that the staff report will be available at least seven days prior to the hearing and how the report may be viewed;

(xiii) A statement that interested parties may testify orally or in writing at the council public hearing;

(xiv) A statement of the date, time, and place for the city council public hearing in accordance with the rules of procedure adopted by the city council; and

(xv) A statement that the staff report will be available at least seven days prior to the hearing and how the report may be viewed.

(b) Comments. The city shall provide the applicant a copy of comments timely received in response to the notice.

(c) Distribution of Notices. Refer to CBDC 17.130.060.

(3) Public Hearing. An application subject to a Type IV process will be considered at one or more public hearings before the planning commission and one or more public hearings before the city council. The planning commission and city council may combine their meetings into one public meeting.

(a) Notice of the Initial Planning Commission Hearing. At least 20 calendar days before the date of the first planning commission hearing regarding an application subject to a Type IV process, the director shall mail public notice of the hearing to parties who have requested such notice and to other individuals, firms or agencies as deemed appropriate. If the Type IV procedure is related to a specific property, public notice shall be mailed as specified in subsection (2) of this section to property owners within 300 feet of the application site. At least 10 days before the date of the hearing, the city shall cause notice of the hearing to be posted at City Hall, on the city website, and in the local newspaper.

(b) Staff Report. At least seven calendar days before the date of the first planning commission or joint planning commission/council hearing, the city shall issue a written staff report regarding the application. The staff report shall set out the relevant facts and applicable standards for the application and a summary of how the application complies with those standards. The city shall mail a copy of the staff report to the review authority and to other parties who request it and post an electronic copy of the staff report on the city website. Copies of the staff report also shall be available at the public hearing.

(c) Public Hearing Procedures. Public hearings shall be conducted in accordance with the rules of procedure adopted by the review authority, except to the extent waived by the review authority. A public hearing shall be recorded on audio or audiovisual tape.

(i) At the conclusion of a planning commission or joint planning commission/council hearing on an application subject to a Type IV process, the planning commission or, in the case of a joint planning commission/council meeting, the council shall announce one of the following actions, which may not be appealed:

(A) That the hearing is continued. If the hearing is continued to a place, date and time certain, then additional notice of the continued hearing is not required to be mailed or published. If the hearing is not continued to a place, date and time certain, then notice of the continued hearing shall be given as though it was the initial hearing; or

(B) That the planning commission recommends against or in favor of approval of the application(s) with or without certain changes, or that the planning commission makes no recommendation regarding the application(s), together with a brief summary of the basis for the recommendation.

(C) That, in the case of a joint planning commission/council hearing, the council may take action as noted in subsection (3)(c)(iii) of this section.

(ii) At least 14 calendar days before the date of the first hearing before the city council, the city shall mail public notice of the hearing to parties who have requested such notice and to other individuals, firms or agencies as deemed appropriate. At least 10 days before the date of the hearing, the city shall cause notice of the hearing to be posted at City Hall and on the city website.

(iii) At the conclusion of its initial hearing noted in subsection (3)(c)(i) or (ii) of this section, the city council may continue the hearing, take an action forwarding the application for further review consistent with the CBDC, or take an action to terminate or postpone further consideration of the application. If the hearing is continued to a place, date and time certain, then additional notice of the continued hearing is not required to be mailed or posted. If the hearing is not continued to a place, date and time certain, then notice of the continued hearing shall be given as though it was the initial hearing.

(4) Decision. Within 14 calendar days after the date the record closes regarding a given application(s), the director shall submit to the city a written decision regarding a Type IV application requested by a property owner specific to a particular property.

(a) Notice of Decision. The city shall issue a notice of decision regarding the application(s) within seven calendar days of the date of the decision. The city shall provide the notice of decision as provided in CBDC 17.130.080(3)(a)(i) to property owners within a 300-foot radius of the application site.

(b) Effective Date of a Decision. The decision is adopted by ordinance, and it becomes final and takes effect as specified in the enacting ordinance. Where the proposal is not approved, the decision to deny is final on the date the city council makes its decision.

(5) Appeal of a Type IV Decision. An application subject to a Type IV process is not subject to appeal or post-decision review before the city. For an appeal regarding a decision subject to a Type IV process, the applicant, the applicant’s representative, any person, agency or firm on either side who offered oral or written testimony may appeal to the Land Use Board of Appeals (LUBA). The party must file a notice of intent to appeal with the Land Use Board of Appeals, with the required fees, within 21 days after the land use decision becomes final as described by OAR 661-010-0010(3) and 661-010-0015(1)(b). The scope of the review (the record) consists of the materials submitted to, and not rejected by, the decision makers in the course of the local proceedings. [Ord. 540 § 6 (Exh. 1), 2021; Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

(1) Except as otherwise expressly provided by the Coos Bay development code or the decision in question, decisions made pursuant to this chapter expire four years after the effective date of the decision unless, within that time, the applicant or a successor in interest files an application for an extension of the decision or the permit is inaugurated as defined in Chapter 17.150 CBDC.

(2) An application for extension of a decision is subject to a Type I process. An applicant for an extension shall submit the requisite fee, a completed application review form provided for that purpose by the city, and text describing how the application complies with the approval criteria for an extension, and basic facts and other substantial evidence to support the text.

(3) The director may approve two one-year extensions of a decision if he or she finds that:

(a) Relevant facts and the law have not changed substantially since the original approval.

(b) The application can comply with the law in effect on the date the application for the extension was filed by complying with applicable additional and/or modified conditions of approval, and those additional conditions and/or modifications are adopted.

(c) The applicant must demonstrate that he or she has pursued development and/or a subdivision in good faith as evidenced by the following:

(i) For development projects, a building permit has been secured and construction has commenced. For the land use permit to remain valid, construction under the building permit must successfully complete the first inspection within six months of issuance of the building permit. A foundation permit shall be treated as equivalent to a building permit, but grading, demolition, electrical, mechanical or plumbing permits shall not be considered or treated as building permits; or

(ii) For partitions or subdivisions, recordation of the final plat.

(d) At the director’s discretion, any extension application may be referred to the planning commission for action. [Ord. 540 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

After the effective date of the approval of a previously approved permit, modifications to the approved permit may be considered in accordance with the Type II application procedures pursuant to CBDC 17.130.090. The director shall approve the request only if it complies with the following criteria:

(1) The proposed modification is not materially inconsistent with the conditions of the original approval; and

(2) The proposed modification will result in insignificant changes in the physical appearance of the development, the use of the site, and impact on the surrounding properties.

If the requested modification does not meet the criteria for approval, the application will be denied. Nothing in this land use code shall preclude the applicant from initially submitting the requested modification as a new land use permit application. [Ord. 540 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 518 § 8 (Exh. 1), 2019].

(1) Whenever a city ordinance prohibits an act or declares it to be unlawful, or provides that the failure to do an act is unlawful, and no specific penalty is provided, the violation of the provision is punishable by a fine not exceeding $500.00.

(2) Whenever a state statute and a city ordinance provide penalties for the same offense, the penalty imposed for the city violation shall not exceed the state penalty.

(3) Every day a violation of a provision of any ordinance continues shall constitute a separate offense. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.150.010].

No provision of a city ordinance designating the duties of an officer or employee shall be construed to make the officer or employee liable for a fine or penalty provided for a failure to perform the duty. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.150.020].

The severity of enforcement of this chapter shall generally correspond to the degree of risk of harm to the public health, safety and welfare. In the absence of an immediate hazard that is threatening to health or public safety, the following abatement procedures will apply:

(1) On determination that a code violation exists, the city shall cause a notice to be posted on the premises or at the site of the violation, directing the person responsible to abate the violation.

(2) At the time of posting, the city recorder shall cause a copy of the notice to be forwarded by registered or certified mail to the person responsible at the person’s last known address.

(3) The notice to abate shall contain:

(a) A description of the real property, by street address or otherwise, on which the violation exists and direction to abate the violation within 10 days from the date of the notice.

(b) A description of the violation.

(c) A statement that, unless the violation is removed, the city may abate the violation and the cost of abatement will be charged to the person responsible.

(d) A statement that failure to abate a violation may warrant imposition of a fine.

(e) A statement that the person responsible may protest the order to abate by giving notice to the city recorder within 10 days from the date of the notice.

(f) If the person responsible is not the owner, an additional notice shall be sent to the owner, stating that the cost of abatement not paid by the person responsible may be assessed to and become a lien on the property.

(g) Upon completion of the posting and mailing, the person posting and mailing shall execute and file certificates stating the date and place of the mailing and posting.

(h) An error in the name or address of the person responsible shall not make the notice void, and in such case the posted notice shall be sufficient.

(i) If notice is returned as undeliverable or the delivery was refused, then notice can be provided via publication in a newspaper of general circulation at least 10 days before abatement action is taken. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.150.030].

The location, erection, construction, alteration, occupancy, or use of any building, structure, sign, or land, including subdividing or partitioning, contrary to the provisions of this title or to any permit issued hereunder is an unlawful public violation. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.150.040].

(1) The city, in addition to other remedies, including those provided in Chapter 8.10 CBMC, Public Nuisances, and Chapter 1.15 CBMC, General Penalty, may institute appropriate actions or proceedings to prevent, restrain, correct, abate, or remove the unlawful location, erection, construction, maintenance, repair, alteration, occupancy or use.

(2) The owner of the land, building, or premises where a violation has been committed or the lessee or tenant of a building where such a violation has been committed or exists, or the general agent, architect, builder, contractor, or any other person who commits, takes part in, or who assists in any such violation or who maintains any land, building, or premises in which such violations exist, shall be guilty of a violation of this title and shall be subject upon conviction to a fine of not more than $500.00. Each day under which the violation continues shall be considered a separate offense. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.150.050].

The purpose of this chapter is to define terms used in the CBDC and other terms that may arise interpreting the CBDC.

(1) Applicability. The definitions in this chapter apply to actions and interpretations of the CBDC.

(2) General Provisions. Terms not identified herein shall have their ordinary accepted meanings within the context they are used pursuant to the current edition of the Websters New International Dictionary of the English Language, unabridged. Where the singular variation of a term is used it also includes the plural.

(3) Conflicting Definitions. Where a term is listed in this chapter but defined by another section of this title, the term is not redefined in this chapter for purposes of that other code or statute. Unless the context clearly requires otherwise, the definitions in this section shall apply to terms in this title. In addition to definitions provided below, there are chapter-specific or section-specific definitions in this title.

(4) All definitions related to the city’s flood management regulations can be found in CBDC 17.318.060. [Ord. 518 § 8 (Exh. 1), 2019].

The following definitions are organized alphabetically.

A.

Access – The place, means, or way by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property or use, as required by this title.

Access easement – An easement conveyed for the purpose of providing pedestrian, vehicle, bicycle, and/or similar access.

Access way – Pedestrian and/or bicycle connections between streets, rights-of-way, or a street or right-of-way and a building, school, park, transit stop, or other destination.

Accessory building/structure – A detached, subordinate building located on the same lot with the main building (except as provided by Chapter 17.314 CBDC) occupied by or devoted to an accessory use. If an accessory building is attached to the main building in a substantial manner as by a wall or roof, or as determined by the building official, the building shall be considered part of the main building. Examples of accessory structures include but are not limited to: buildings not attached to the main building (e.g., garages, carports, guest houses, workshops, and sheds), arbors, gazebos, and mechanical equipment.

Accessory dwelling unit – See “Dwelling, Accessory dwelling unit.”

Accessory use – A use customarily incidental and subordinate to the principal use of the building or land and located on the same lot (except as provided by Chapter 17.314 CBDC). In no case shall the accessory use dominate in area, extent, or purpose the principal lawful use of the building or land.

Addition (to an existing building) – Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition that is connected by a firewall or is separated by independent perimeter load-bearing walls is considered to be new construction.

Adjacent – Near, close; for example, an industrial district across the street or highway from a commercial district shall be considered as “adjacent.”

Adjoin – The same as “abutting.”

Adjustment review – A review process to allow greater flexibility in site and building design than afforded by development standards in this title to encourage innovative and desirable projects; workforce, affordable and senior housing; energy conservation; and economic development.

Administrative service – Consulting, record-keeping, clerical, or public contact services that deal directly with the citizen, together with incidental storage and maintenance of necessary vehicles, and excludes commercial use type “professional and administrative service.” Typical use types are associated with governmental offices.

Adult business – A business establishment where sexual activity, services, merchandise and/or entertainment is offered.

Affordable housing – Residential property as defined by the U.S. Department of Housing and Urban Development as an “affordable dwelling.”

Agricultural sales – Sale of feed, grain, fertilizers, pesticides, and similar goods from the premises. Typical uses include hay, feed, and grain stores.

Animal waste processing – The processing of animal waste and by-products, including, but not limited to, animal manure, animal bedding waste, and similar by-products of an animal-raising agricultural operation, for use as a commercial fertilizer or soil amendment and including composting for commercial purposes.

Apartment. See “Dwelling, Multi-unit.”

Applicant – Any person or his or her authorized agent or representative who has applied for a permit and who has a valid, existing legal interest in the property proposed to be developed.

Area of special flood hazard – The land in the floodplain subject to a one percent chance or greater of flooding in any given year as shown on flood insurance rate maps (FIRM) or except as otherwise determined by the Federal Emergency Management Agency (FEMA).

Arterial street. See “Street, Major arterial” and “Street, Minor arterial.”

Assessment – An estimation or determination of the significance, importance, or value of land, buildings, or a proposed development activity.

B.

Basement – The portion of a building between floor and ceiling which is wholly or partly below grade and so constructed that the vertical distance from grade to the floor is equal to or greater than the vertical distance from grade to ceiling.

Bedroom – Any space in a dwelling unit which contains a minimum of 70 square feet of floor area exclusive of garages, attic space, or similar spaces which are not habitable, such as foyers, storage closets, utility rooms, or unfinished attics and basements, that meets all of the following:

(a) Is a room that is a “habitable space” as defined by the current applicable building code;

(b) Meets the applicable building code requirements for natural light, ventilation, and emergency escape and rescue windows; and

(c) Is a room that is accessed by a door on an interior wall and that does not provide access to another room except for a bathroom, toilet room, closet, hall, or storage or utility space.

Billboard – A surface whereon advertising matter is set in view conspicuously and the advertising thereon does not apply to the premises or any use of the premises whereon it is displayed or posted.

Building – A structure constructed for the support, shelter, or enclosure of persons, animals, or property of any kind.

Building, Nonconforming – A legally existing building that fails to comply with this title (for height, number of stories, size, area, yards, location, or use) applicable to the district in which the building is located.

Building coverage – The usable floor area under the horizontal projection of any roof or floor above, excluding eave overhang.

Building height – Height measured from the lowest finished grade level to the highest point on the roof ridge.

Building line – The point at the outermost face of any vertical support, exterior wall line, or foundation.

Building permit – The document or certificate issued by the city of Coos Bay that sanctions adherence to all applicable building and development regulations and gives permission to the applicant to proceed with the actions for which the permit was requested.

Business – An organization and/or individuals engaged in activities or efforts to produce and sell goods and services for profit.

C.

Camper – A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreational, and/or vacation use.

Camping trailer – A structure mounted on wheels and designed for travel, recreational, and/or vacation uses.

Canopy – A roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.

Car wash – A building, or portion thereof, containing facilities for washing automobiles utilizing mechanical devices.

Carport – An accessible and usable covered space enclosed on not more than two sides, designed, constructed, and maintained for the parking or storage of one or more motor vehicles.

Cemetery – A place for the burial or interment of dead persons or household pets.

Certified cultural resource – Any structure, natural feature, site or area or archaeological site listed on the National Register of Historic Places, or which receives federal matching grants in aid for restoration or receives special assessment status for an historic property under Oregon law.

Certified factory-built home – Also called “Manufactured dwelling.” A certified factory-built home may include the following:

(a) Residential trailer – A structure constructed for movement on the public highways, that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, is being used for residential purposes and was constructed before January 1, 1962. Residential trailers shall only be allowed in the city of Coos Bay upon submittal of evidence to the building official indicating substantial compliance with the standards required for an insignia of compliance.

(b) Mobile home – A structure constructed for movement on the public highways, that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, is being used for residential purposes and was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction.

(c) Manufactured home – A structure constructed for movement on the public highways, that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, is being used for residential purposes and was constructed in accordance with federal manufactured housing construction and safety standards regulations in effect at the time of construction.

(d) Modular home/prefabricated home – A residential structure, consisting of many components, which meets the State of Oregon Building Codes and CBMC requirements constructed in a factory, transported to the building site, and then partially constructed at the site. The construction requirements are to be the same as for a site-built home.

(e) Recreational vehicle – A vehicle that is with or without motive power designed for use as temporary living quarters, as further specified in ORS 174.101d (or NFPA 501c or ANSI A119.2 if the vehicle is an older RV), is eight and one-half feet wide or less, designed to be easily transported and set up on a daily basis, and designed to be mounted on or towed by another vehicle or travel by its own power.

(f) Park model – Unless otherwise defined by the state of Oregon, to be considered a park model, a recreational vehicle must:

• Have been manufactured to the ANSI A119.5 standard;

• Be over eight and one-half feet wide;

• Be designed for use as temporary living quarters;

• Be built on a single chassis mounted on wheels;

• Have a gross trailer area of 400 square feet or less;

• Be subject to this definition and the administration of the Coos Bay building official.

Certified factory-built home park.

(a) Manufactured dwelling park – As described in ORS 446.003(22), any place where four or more manufactured dwellings are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent or lease space or keep space for rent or lease to any person for a charge or fee paid or to be paid for the rental or lease or use of facilities or to offer space free in connection with securing the trade or patronage of such person.

(b) Small manufactured dwelling park – An individual lot or parcel under single ownership with two or three certified factory-built home sites.

(c) Recreational vehicle park – Any parcel or tract of land under the control of any person, organization or governmental entity wherein two or more recreational vehicle sites are offered for rent or lease, including park-owned recreational vehicles.

(d) Park model park – Any parcel or tract of land under the control of any person, organization or governmental entity wherein two or more park model unit sites are offered for rent or lease, including park-owned park models available for rent.

Child care facility – Establishments authorized by state licensure or certification to provide supervisory or day care services for 13 or more children, excluding uses classified as educational facilities or medical facilities, and where communal kitchen/dining facilities may be provided. Typical uses include day care centers, day care facilities, or drop-in centers.

Club – Buildings or facilities owned or operated by a corporation, association, person or persons for a social, educational, fraternal, civic, religious, or recreational purpose, but not primarily for profit or to render a service that is customarily carried on as a business.

Commercial use types – The distribution and sale or rental of goods, and the provision of services other than those classified as “civic use types.”

Commission – The planning commission of the city.

Common area – The total area not designed for rental or sale to tenants and that is available for common use by all tenants or groups of tenants and their guests, including such areas as parking lots and their appurtenances, lobbies, malls, sidewalks, landscaped areas, public restrooms, truck and service facilities, etc.

Common courtyard – A common area for use by residents of a multi-unit dwelling. A common courtyard may function as a community yard that serves residents of the multi-unit dwelling for which the courtyard was developed. Hard and soft landscape features may be included in a common courtyard, such as lawn, groundcover, trees, shrubs.

Communication services – Establishments primarily engaged in the provision of broadcasting and other information-relay services accomplished through the use of electronic and telephonic mechanisms but excludes those classified as “minor utilities and services.” Typical uses include television studios, telecommunication service centers, or telegraph service offices.

Concomitant rezone – A site- or area-specific rezone which uses an agreement to impose conditions on, or limitations on, uses and/or standards. It may also require performance by the applicant(s) which is/are directly related to mitigation of probable on- and off-site impacts to adjacent uses, public services and the environment. The agreement may be in the form of a covenant running with the land.

Concrete slab – A broad, flat, somewhat thick concrete surface extending under a certified factory-built home or built-in-place to the extent of the structure which rests upon it which meets applicable building code standards.

Conditional use – A use allowed in one or more zones as defined by this title but which, because of characteristics peculiar to such use, or because of size, technological processes or equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities, requires a special permit in order to provide a particular degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same zone.

Condominium – Subject to ORS statutes in effect at the time of authorization, the private ownership of single units in a multi-unit dwelling with common or single ownership of land and facilities.

Construction – Development, erection, enlargement, alteration, conversion or movement of any building, structure, or land. When appropriate to the context, “construction” refers to the act of construction or the result of construction.

Construction sales and service – Establishments or places of business primarily engaged in construction activities and incidental storage on lots other than construction sites as well as the retail or wholesale sale from the premises of materials used in the construction of buildings or other structures other than solely retail sale of paint, fixtures, and hardware; but excludes those classified as one of the “automotive and heavy equipment” use types. The following are construction sales and service use types:

(a) Light. Service and/or sales with no outside storage of material, equipment, or display. Typical uses include electrical contractors, cabinet makers, finish contractors.

(b) Heavy. Service and/or sales requiring the outside storage of building materials and equipment. Typical uses include building materials stores, tool and equipment rental or sales, excavation, septic, and demolition services.

Council or city council – The city council of the city of Coos Bay.

Critical facility – A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use or store hazardous materials or hazardous waste.

D.

De novo – Latin, “anew.” A de novo hearing is a completely new hearing. De novo review implies no deference to a previous hearing ruling.

Dedication – The deliberate appropriation of land by the owner for any general and public uses, personally reserving no other rights than those rights compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and the acceptance by the public shall be evidenced by the approval of such plat for filing.

Density – The number of permitted dwelling units allowed on each acre of land.

(a) In calculating the minimum density required for a specific lot or development site, the director shall round down to the previous whole number.

(b) In calculating the maximum density allowed for a specific lot or development site, the director shall round up to the next whole number.

Example: A 50,000-square-foot (sf) property in a MDR zone is allowed to have a minimum net density of 12 dwelling units per acre (dua) to a maximum net density of 25 dua.

50,000 sf/43,560 sf = 1.15 acres (1 acre = 43,560 sf)

Minimum dwelling units allowed: 1.15 acres x 12 dua = 13.2 or 13 dwelling units (round down per subsection (a) of this definition)

Maximum dwelling units allowed: 1.15 acres x 25 dua = 28.75 or 29 dwelling units (round up per subsection (b) of this definition)

Density, Gross – The acreage of land considered part of the residential use shall include public and private streets and alleys, public parks, and other public facilities, and natural or historic resources as determined by the CBCP and CBDC.

Density, Net – The number of dwelling units per each acre of land in residential use, excluding the acreage dedicated streets, neighborhood parks, sidewalks, and other public facilities.

Density bonus – Additional dwelling units or “bonus” beyond the maximum density specified in a zoning district granted to a developer by the city in exchange for meeting city objectives, including, but not limited to, the inclusion of affordable housing units.

Discrete lots – A lot or parcel lawfully created shall remain a discrete lot or parcel, unless the lot or parcel lines are vacated or the lot or parcel is further divided, as provided by law (ORS 92.017).

District, Zoning – See “Zone or zoning district.”

Double-faced sign – A sign with advertising on two surfaces, generally back-to-back.

Driveway – That space specifically designated and reserved on the site for the movement of vehicles from one site to another or from a site to a public street.

Drive aisles – Drive aisles are private roadways for projects or portions of projects that access private on-street parking and site amenities not served by streets.

Dryland moorage – Boat moorage space provided on dry land, such that boats are mechanically lowered to and raised from the water.

Dwelling – A building, or portion thereof, designed for and used as a residence, including attached enclosed parking. This includes both buildings constructed on site and certified factory-built homes. It does not include hotels, motels, boarding houses, recreational vehicles, park models, tents, yurts, pods or other similar accommodations.

Dwelling, Accessory dwelling unit (ADU) – An interior, attached, or detached residential structure that is used in connection with or that is accessory to a single-unit or duplex primary dwelling.

Dwelling, Attached – A dwelling having any portion of a wall in common with adjoining dwellings on the same lot or an adjoining lot. Examples include townhouses, duplexes, and interior or attached accessory dwelling units.

Dwelling, Cottage cluster – A grouping of detached dwelling units located on a single lot or parcel that includes a common courtyard. Cottage cluster may also be known as “cluster housing,” “cottage housing,” “bungalow court,” “cottage court,” or “pocket neighborhood.”

Dwelling, Detached – A dwelling that is entirely surrounded by open space on the same lot.

Dwelling, Duplex – Two dwelling units on a lot or parcel in any configuration. See some possible duplex configurations in Dwelling, Duplex figure below.

Dwelling, Duplex Figure

Stacked duplex

Side-by-side duplex

Duplex attached by a garage wall

Duplex attached by a breezeway

Detached duplex units front and back

Dwelling, Manufactured home. See “Certified factory-built home.”

Dwelling, Multi-unit – Three or more dwellings on a single lot or parcel, including, but not limited to, townhouses, cottage clusters, triplexes, and quadplexes. The units may be detached units or may share common walls, common roofs, or common foundations. Multi-unit dwellings also include condominium and apartment units without regard to ownership status.

Dwelling, Quadplex – Four dwelling units on a lot or parcel in any configuration. See some possible quadplex configurations in Dwelling, Quadplex figure below.

Dwelling, Quadplex Figure

Stacked quadplex

Detached quadplex

Dwelling, Single-unit – A dwelling designed for and used as one dwelling unit. A single-unit dwelling may share a common wall, common roof, or common foundation with another single-unit dwelling on another lot or share a common wall, roof, or foundation with an accessory dwelling unit on the same lot.

Dwelling, Tiny home – A dwelling that is 400 square feet or less in floor area excluding lofts.

Dwelling, Townhouse – A dwelling unit constructed in a row of two or more attached units, where each dwelling unit is located on an individual lot or parcel and shares at least one common wall with an adjacent unit. A townhouse is also commonly called a “townhome,” “rowhouse,” “attached house,” or “common-wall house.”

Dwelling, Triplex – Three dwelling units on a lot or parcel in any configuration. See some possible triplex configurations in Dwelling, Triplex figure below.

Dwelling, Triplex Figure

Attached triplex front and back

Attached triplex side by side

Detached triplex side by side

Dwelling unit – One or more rooms which have cooking and toilet facilities designed and used as a residence.

E.

Easement – A right which one person has to use the land of another for a specific purpose.

Educational institution – A facility customarily associated with public, private, charter, and/or alternative educational facilities, including the following:

(a) Primary and secondary schools, (kindergarten through grade 12 or any part thereof);

(b) Nursery and pre-schools (ages zero through five);

(c) Preschools providing primarily instruction, supplemented by daytime care, for four or more children between the ages of two and five years, and which operate on a regular basis;

(d) Vocational schools, colleges, or universities; or

(e) Dance, theater or other arts education facilities.

(f) Does not include personal instructional services listed under “Personal services, general.”

Elevated building – For National Flood Insurance Program purposes, a no basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

F.

Facade – The front of a building, particularly that part of a building facing a street or courtyard.

Farmer’s market/fish market – The commercial premises for the retail sale of produce, meat and poultry, seafood and other products.

Food packing and processing – Businesses engaged in the packing or processing of agricultural crops, animals, seafood, and their by-products which entails cutting, sorting, boxing, crating, canning, rendering, tanning, and so forth.

Foot-candle – A unit of measure of the intensity of light falling on a surface, equal to one lumen per square foot or the intensity of light from a standardized candle burning at one foot from a given surface.

Foster care home – A home licensed and regulated by the state and classified by the state as a foster home, providing care and guidance for not more than five unrelated juveniles, adults or both.

G.

Gallery – A business establishment devoted to the exhibition, display and/or sale of collections of such items as art, crafts and memorabilia.

Garage – A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, or storing motor vehicles internally and enclosed within the building.

Garage, Detached – An accessory building intended and primarily used for the storage of motor vehicles, which is separate from and secondary to the main structure of the occupants.

General review – Director assessment of development and uses that do not require a land use application.

Glare – The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort or loss of visual performance and ability.

Greenhouse – An enclosed building, permanent or portable, that is used for the growth of plants.

Group care facility – A facility licensed by the state to provide, on a 24-hour basis, training, care, custody, correction or control, or any combination of those functions, to one or more persons who may be children, the aged, disabled, underprivileged, indigent, handicapped or other special class of persons, either by governmental unit or agency or by a person or organization devoted to such functions. This term shall not include schools, hospitals, prisons or other social service facilities.

Group residential care facility – Any private or public institution requiring state licensure and/or any nonprofit facility performing the same functions which provide services including, but not limited to, the care, boarding, housing or training of more than five physically, mentally, or socially handicapped or delinquent persons or dependent persons by any person who is not the parent or guardian of, and who is not related by blood, marriage, or legal adoption to, these persons.

H.

Historic property – A building, structure, object, area or site that is significant in the history, architecture, archaeology or culture of Coos Bay, the region or the nation.

Home occupation – An occupation, profession, or craft secondary to the use of a dwelling unit for residential purposes and is carried on by a dwelling resident.

Homeless shelter – Any place or premises wherein residence is provided to persons who need emergency shelter on a daily or weekly basis. Individual bath and cooking/eating facilities may or may not be provided.

Homeowners’ association – A nonprofit organization operating under recorded land agreements through which the following take place: (a) Each person owning or purchasing a lot in a planned unit or other described land area is automatically a member by such ownership or purchase; (b) Each lot is automatically subject to a charge for a proportionate share of the expenses for the organization’s activities, such as maintaining a common property; and (c) Construction and maintenance responsibilities for any undivided property are identified and assigned.

I.

Industrial park – A planned, coordinated development of a tract of land with two or more separate industrial buildings. An industrial park is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site circulation, parking, utility needs, building design and orientation, and open space.

Industry, Heavy – A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in the storage of or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

Industry, Light – A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including process, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.

Infill – The development of land uses upon vacant or under-utilized sites.

J.

K.

L.

Lodge, Club, fraternal or civic assembly – Buildings and facilities owned or operated by a corporation, association, person, or persons for a social, educational, or recreational purpose for members, but not primarily for profit nor for rendering a service which is customarily carried on as a business. Typical uses include meeting places for civic clubs, lodges, or fraternal or veteran organizations. The following are assembly types:

(a) Small. Fewer than 16 persons on a regular basis.

(b) Large. Sixteen or more persons on a regular basis.

Lot – A single unit of land legally created by a partition or a subdivision or a unit of continuous land under a single ownership capable of being used under the regulations of this title, lawfully created as such in accordance with the subdivision laws or ordinances in effect at the time of its creation. “Lot” also means any space, area or tract of land, or portion of a certified factory-built home park, that is designated or used for occupancy by one certified factory-built home.

Lot, Building – Land occupied or to be occupied by one or more buildings and their accessory buildings.

Lot, Corner – A lot abutting on two or more intersecting streets other than an alley with a boundary line bordering on each of the streets as shown on the Lot, Corner figure below.

Lot, Corner Figure

Lot, Flag – A lot the developable portion of which is located behind another lot that has normal street frontage. A flag lot includes a strip of land that goes out to the public right-of-way street for public access. As shown on the Lot, Flag figure below, there are two distinct parts to a flag lot: the flag which comprises the actual building site located behind another lot, and the pole which provides access from the street to the flag. A flag lot generally results from the division of a large lot that does not have sufficient width for division into two lots that would both have normal frontage onto the street. Creation of a flag lot is subject to additional standards in this code.

Lot, Flag Figure

Lot, Interior – A lot or parcel of land other than a corner or a through lot.

Lot, Irregular – A lot which is shaped so that application of setback requirements is difficult; examples include a lot with a shape which is not close to rectangular, or a lot with no readily identifiable rear lot line.

Lot, Through – An interior lot having a frontage on two parallel or approximately parallel streets other than alleys. Such a lot has one front yard fronting on the primary public street.

Lot area – The computed area contained within the horizontal area within the lot lines of a lot exclusive of street or alley rights-of-way.

Lot coverage – That percentage of the total lot area covered by structures.

Lot depth – The horizontal distance between the midpoint of the front lot line and opposite lot line, usually the rear lot line. In the case of a corner lot, the depth shall be the length of the street side lot line.

Lot line – The property line along the edge of a lot. The Lot Line figure below identifies front and side and rear property lines.

Lot Line Figure

Lot line, Front – In the case of an interior lot, the lot line separating a lot from the street other than an alley, and in the case of a corner lot, the shortest lot line along a street other than an alley.

Lot line, Rear – A lot line which is opposite and most distant from the front lot line; and in the case of an irregular, triangular, or other shaped lot, a line 10 feet in length within the lot, parallel to and at a maximum distance from the front lot line.

Lot line, Side – Any lot line which is not a front or rear lot line.

Lot line, Street side – Any side lot line that abuts a public street right-of-way or public or private access easement.

Lot of record – A lot as shown on the records of the county assessor or county auditor at the time of the passage of this title; provided, however, this shall not include lots that may appear on the records of the county assessor which were created contrary to the provisions of laws and regulations in effect prior to the passage of this title. Any lots created after the adoption of this title shall comply with the standards contained herein.

Lot width – The average (mean) horizontal distance measured between the side lot lines, ordinarily measured parallel to the front lot line.

M.

Maintain – To cause or allow to continue in existence. When the context indicates, the word means to preserve and care for a structure; improve or condition an area to such an extent that it remains attractive, safe, presentable, and carries out the purpose for which it was installed, constructed, or required.

Major remodeling. See “Substantial improvement.”

Manufactured home – See “Certified factory-built home.”

Manufactured dwelling park – See “Certified factory-built home park.”

Manufacturing – Establishments engaged in the mechanical or chemical production, processing, assembling, packaging, or treatment of materials or substances into new products usually by power-driven machines and materials-handling equipment. Products of these establishments are primarily for wholesale markets or transfer to other industrial users but may include direct sale to consumers.

Marijuana related businesses

Marijuana grow – To grow immature marijuana plants or to breed or produce marijuana seeds.

Marijuana processing – The processing, compounding or conversion of marijuana into cannabinoid products, cannabinoid concentrates or cannabinoid extracts. Processing does not include packaging or labeling.

Marijuana retail – Sale of marijuana goods, merchandise, articles or things in small quantities directly to the consumer by a business holding a City of Coos Bay business license.

Marijuana wholesaler – A commercial entity that purchases marijuana products in Oregon for resale to a person or persons other than a consumer.

Marina – A facility that provides moorage, launching, storage, supplies, and a variety of services for recreational, commercial, fishing, and other vessels. Moorage facilities with five or fewer berths are excluded from this category.

Marquee – A permanent or temporary roofed structure attached to and supported by the building and projecting over public property.

Medical services – Establishments primarily engaged in the provision of personal health services ranging from prevention, diagnosis, and treatment or rehabilitation services provided by physicians, dentists, nurses, and other health personnel as well as the provision of medical testing and analysis services but excludes those classified as any civic use or group residential (group care) use type. Typical uses include medical offices, dental laboratories, health maintenance organizations, or detoxification centers.

Mitigation – Taking one or more of the following actions listed in order of priority:

(a) Avoiding the impact altogether by not taking a certain development action or parts of that action.

(b) Minimizing impacts by limiting the degree or magnitude of the development action and its implementation.

(c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.

(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the development action by monitoring and taking appropriate corrective measures.

(e) Compensating for the impact by replacing or providing comparable substitute resources or environments.

Mobile home. See “Certified factory-built home.”

Modular home/prefabricated home. See “Certified factory-built home.”

Motor home – A portable, temporary dwelling to be used for travel, recreational, and/or vacation use constructed as an integral part of a self-propelled vehicle.

N.

National Register of Historic Places – A list of properties that have been formally judged to have historic significance and which have been accepted by the keeper of the National Register. The state of Oregon and the city of Coos Bay also maintain separate designations for inclusion. The city’s list is contained within the comprehensive plan.

Natural grade – The elevation of the ground level in its natural and original state, before manmade alterations such as grading, filling, excavation, and construction. See the Natural Grade figure below.

Natural Grade Figure

Neighborhood – An identifiable geographic area of relatively small size; a collection of units and other land uses that provide a relationship between dwellings, school, religious facilities, minor retail and/or other local facilities.

Net acres – The number of developable acres on a development site, derived from the total (gross) acreage of the site minus public rights-of-way, road easements, and any similar public facilities.

New construction – Structures for which the start of construction commenced on or after the effective date of this title.

Non-water-dependent – In general, non-water-dependent uses are those that do not require direct access to or location near waterways, and therefore could be located away from said waters.

O.

P.

Parcel – A single unit of land that is created by a partition of land (ORS 92.010).

Park-and-ride – A facility designed to city standards at or within 500 feet of a transit stop where automobiles, bicycles, and other vehicles and mobility devices can be parked by transit and rideshare riders. Location and design are guided by the currently adopted transit master plan.

Park model – See “Certified factory-built home.”

Park, Public – An area that may be improved for the purpose of providing public access in a manner consistent with the preservation of its recreational, educational, cultural, historical, or aesthetic qualities.

Parking lot or area and/or garage – An off-street facility used for the storage or parking of four or more motor vehicles to provide an accessory service to a commercial, industrial, public or residential use.

Parking lot or area and/or garage, Private – A parking area for the exclusive use of the owners of the lot on which the parking area is located or whomever else they permit to use the parking area.

Parking lot or area and/or garage, Public – A parking area available to the public, with or without payment of a fee.

Parking service – Parking services involving public garages and lots.

Parking space – A rectangular space designed and designated to provide parking for automobiles and bicycles in compliance with Chapter 17.330 CBDC. A parking space will provide access and maneuvering space sufficient to permit an automobile to be parked without the necessity of moving other vehicles; said rectangle to be located off the street right-of-way.

Parking structure – A standalone structure used for the storage or parking of motor vehicles. The footprint of a parking structure will be included in the calculation of lot coverage.

Parkrow or planter strip – A landscape area for street trees and other plantings within the public right-of-way, usually in the form of a continuous planter area between the street and sidewalk.

Partition, Land – To divide land into two or three parcels of land within a 12-month period, but does not include:

(a) A division of land resulting from a lien foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots; or

(b) An adjustment of a property line by the relocation of a common boundary where an additional unit of land is not created and where the existing unit of land reduced in size by the adjustment complies with any applicable zoning ordinance.

Partition, Major – A partition which necessitates the creation of a road or street.

Partition, Minor – A partition that does not necessitate the creation of a road or street.

Pathway – A pedestrian and/or bicycle access facility outside of a roadway right-of-way that conforms to city standards. Pathways must be constructed of concrete, asphalt, brick/masonry pavers, or another city-approved durable surface meeting ADA requirements.

Permit – A license, certificate, approval, or other entitlement for use granted by a public agency.

Permit modification, Major – As determined by the director, a modification that includes a significant departure for the originally approved permit for land development or land use.

Permit modification, Minor – As determined by the director, a modification that includes minor changes not affecting the use, design or intent of the originally approved permit for land development or land use.

Personal services, General – Establishments primarily engaged in the provision of informational, instructional, personal improvement, and similar services of a nonprofessional nature, but excludes services classified as “spectator sports and entertainment,” or “participant sports and recreation.” Typical uses include photography studios, driving schools, or reducing salons, laundromats, or martial arts.

Planned unit development (PUD) – Subdivision – A tract of land planned and developed as an integrated unit under single ownership or control which in this context may be vested in partnerships, corporations, syndicates, or trusts. The PUD shall encompass a comprehensive development plan of a parcel of land, which has been approved by the review authority, and may use innovative and unique development concepts, including but not limited to clustering and mixing of land uses to create useful open space and to preserve site features.

Plot – A parcel of ground upon which a building and its accessory buildings have been or may be erected.

Porch – A structure attached to a building to shelter an entrance or serve as a semi-enclosed space, usually roofed and generally open sided.

Porch, Enclosed – A porch that contains wall(s) that are more than 42 inches in height measured from finished floor level for 50 percent or more of the porch perimeter.

Porch, Unenclosed – All walls contained in an unenclosed porch are less than 42 inches in height, but an unenclosed porch may be covered.

Preliminary plat – A neat and approximate drawing of either a proposed subdivision showing the general layout of rights-of-way and easements, streets and alleys, lots, blocks, and tracts in the subdivision or short subdivision, and other elements of a subdivision which shall furnish a basis for the approval or disapproval of the general layout of the preliminary plat.

Private clubs – Organizations that are privately owned and operated by their members and not operated for profit, and which maintain recreational, dining, and/or athletic facilities for the exclusive use of the members and their guests and uses accessory or incidental thereto.

Private drive – A road in private ownership, not dedicated to the public, which serves three or fewer dwelling units.

Private parking – Parking facilities for the noncommercial use of the occupant and guests of the occupant, which includes garages and carports meeting the dimensional requirements of off-street parking requirements of this title.

Project – Any proposal for a new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of the CBDC.

Projecting sign – A sign other than a wall-mounted sign which projects from and is supported by a wall of a building or structure.

Property line adjustment – The relocation of a single common property line between two or more existing adjacent parcels not resulting in an increase in the number of lots pursuant to the requirements of Chapter 17.367 CBDC. See an example in the Property Line Adjustment figure below.

Property Line Adjustment Figure

Public assembly, Place of – Any area, building or structure where large numbers of individuals meet or collect to participate or to observe programs of participation. Places of public assembly shall include theaters, auditoriums, gymnasiums, stadiums, houses of worship, or comparable facilities.

Public building – Buildings which are owned, operated, and maintained by a public agency such as City Hall, police and fire stations, educational institutions, zoos, libraries, museums, and similar facilities for public use.

Public improvement – Any improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs such as vehicular and pedestrian circulation systems, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, public utility, and energy services.

Q.

R.

Reader board sign – A sign with letters and/or advertising which can be readily changed manually or electronically.

Real property – Land and improvements, if any, including anything permanently affixed to the land, such as buildings, walls, fences, and paved areas.

Recreational area – Lands perpetually set aside and maintained for use by all residents of a development. These areas shall be improved and shall be of a specified size.

Recreational facility, Low density and high density. See “Community recreation.”

Recreational space – An area that shall be improved and maintained for its intended use. Exterior as well as interior areas can constitute recreation space. Examples of usable recreation space include swimming pools, community buildings, interior gyms, picnic areas, tennis courts, community gardens, improved playgrounds, paths and passive seating areas.

Recreational vehicle. See “Certified factory-built home.”

Recreational vehicle park – Land designed, maintained, or used for the purpose of supplying temporary accommodation for recreational vehicles.

Refuse service – Any place used for disposal of used material. Typical uses include sanitary landfills, dumps, or refuse disposal sites.

Residential treatment facility – A facility that provides both a residence (for varying periods of time) and a care component. Among such facilities are group care homes, emergency or homeless shelters (including victims of violence), recovery homes, and nursing homes, rest and convalescent homes, and orphanages.

Residential use – Use of land or structure thereon, or portion thereof, as a dwelling, but not including occupancy of a transient nature, such as in hotels, motels, or timesharing condominium uses.

Retail food establishment – Any fixed or mobile place or facility at or in which food or beverages are offered or prepared for retail sale or for service. The definition includes restaurants, fast food restaurants, carry out restaurants and drive-in restaurants. A cafeteria is a restaurant for purposes of this title.

Retail sales, General – The sale or rental of commonly used goods and merchandise for personal or household use, but excludes those classified as “agricultural sales,” “animal sales and service,” “automotive and equipment,” “business equipment sales and service,” “construction sales and service,” “food and beverage retail sales,” and “fuel sales.” Typical uses include department stores, apparel stores, furniture stores, hardware stores, or florists.

Rooming house – A building wherein furnished rooms without cooking facilities are rented for compensation to three or more nontransient persons not included in the family unit of the owner or tenant of the premises.

S.

Service station – A building or structure designed or used for the retail sale or supply of fuels (stored only as prescribed by existing legal regulations), lubricants, air, water, other operating commodities for motor vehicles or boats, and food and beverages as an accessory to automobile related uses. The cross-section areas of service station canopy support where they meet the ground shall be measured as coverage for the purposes of determining maximum lot coverage, and also shall be used for measurement of setback requirements.

Setback – The minimum allowable horizontal distance required between a structure and a property lot line. See Setback figure below.

Setback Figure

Shopping center – A group of architecturally unified commercial establishments built on a site that is planned, developed, owned, and managed with common street frontage and shared common drives and off-street parking.

Sidewalk – That portion of a transition strip improved for pedestrian traffic in accordance with standards fixed by the review authority.

Single-faced sign – A sign with advertising on only one surface.

Single-room occupancy (SRO) – A structure providing living units with separate sleeping areas and some combination of shared bath or toilet facilities. The structure may or may not have separate or shared cooking facilities for the residents. SROs may include boarding houses and structures commonly called SRO living units or SRO residential hotels.

Site – The lot(s), parcel(s) and tract(s) included in a proposed subdivision or short subdivision and contiguous lots, parcels or tracts in which the owner of the site has a greater than possessory interest.

Site plan – A plan prepared to scale, showing accurately and with complete dimensions all proposed and existing buildings, landscaping, open space, structures and features on abutting properties, and parking proposed for a specific parcel of land. See Site Plan figure below.

Site Plan Figure

Slope – The deviation of a surface from the horizontal, usually expressed in percent. See Slope figure below.

Slope Figure

Soil – The surface layer of the earth, supporting plant life.

Spectator sports and entertainment – Establishments or places primarily engaged in the provision of cultural, entertainment, athletic, and other events to spectators as well as those involving social or fraternal gatherings. The following are spectator sports and entertainment use types:

Spectator sports and entertainment, Indoor – Those uses conducted within an enclosed building. Typical uses include theaters or meeting halls.

Spectator sports and entertainment, Outdoor – Those uses conducted outdoors. Typical uses include stadiums or drive-in theaters.

Standard factory-built home. See “Certified factory-built home.”

Start of construction (for flood damage prevention only) – Includes major remodeling, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a certified factory-built home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Stepback – Building stepbacks are stepped or progressive recessions in a building’s face as the building rises higher. Stepbacks are designed to reduce building mass to allow views around the building from above and/or from a distance, to allow more light down to the adjacent rights-of-way, and to improve the aesthetic experience of the building from adjacent rights-of-way. See Stepback figure below.

Stepback Figure

Stormwater – That portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes into a defined surface water channel, or a constructed infiltration facility.

Story – That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling. If the finished floor level directly above a basement or unused under-floor space is more than six feet above grade for more than 50 percent of the total perimeter or is more than 12 feet above grade at any point, such basement or unused under-floor space shall be considered as a story.

Street – All roads, streets, highways, freeways, easements, and public rights-of-way used for or designed for vehicular access or use, including private roads but not including private driveways.

Street, Collector – A street penetrating neighborhoods, collecting traffic from local streets in the neighborhood and channeling it into the arterial system.

Street, Dead-end – A local street with only one outlet, without possibility of extension, and a maximum length of 400 feet. A vehicle turnaround may be required.

Street, Improved – A street with a paved roadway that has a structural cross-section that meets the minimum street improvement standards of the city of Coos Bay.

Street Line – The dividing line between any street, road or other thoroughfare and the adjacent lots.

Street, Local – A street which is primarily to provide direct access to abutting property and for local traffic movement.

Street, Major arterial – All state highways and major routes leading into and through the city.

Street, Minor arterial – A street of considerable continuity which is used primarily for through traffic and travel between large areas.

Street, Open – A street which provides access for property development. An open street must be:

(a) One for which the city accepts responsibility of grading and drainage maintenance;

(b) Paved to city standards with curbs, storm drainage, etc.; or

(c) An all-weather roadway and, in most cases, graveled or strip-paved. (“All-weather” means that a standard automobile can negotiate the road without difficulty year-round.)

Street, Private – A thoroughfare that is privately built and maintained which affords a primary means of vehicular access.

Structural alteration – Any material or dimensional changes in the structural elements of a building such as bearing walls, columns, beams, and roofs.

Structure – Anything assembled or constructed on the ground or attached to anything with a foundation on the ground. Under the National Flood Insurance Program, “structure” means a walled and roofed building, including a gas or liquid storage tank that is principally above ground.

Structure, Primary – A structure housing the primary use of a site or functioning as the primary use.

Subdivision, Land – Either an act of subdividing land into four or more lots or a tract of land subdivided. To divide an area into four or more lots within a calendar year when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such a year.

Substantial improvement – Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

(a) Before the improvement or repair is started; or

(b) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

(c) The term does not, however, include either:

(i) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(ii) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Surface water – Waters that flow over the land surface and frequently interact with groundwater.

T.

Topography – The drawing accurately on a map lines that represent particular and consistent elevation levels on the land area depicted on said drawing; also, the actual physical surface’s relief characteristics.

Tourist habitation – Establishments primarily engaged in the provision of lodging services on a temporary basis (30 days or less) with incidental food, drink, and other sales and services intended for the convenience of guests. The following are tourist habitation use types:

(a) Bed and Breakfast. Lodging services involving the provision of room and/or board in an existing dwelling with no more than eight bedrooms.

(b) Bed and Breakfast House. A hotel in what was built as a single-unit dwelling and which offers up to six bedrooms for transient guests. This definition is for historic reference for vacation rentals authorized prior to October 15, 2020.

(c) Campground. Campground services involving transient habitation areas for travelers in recreational vehicles or tents. Typical uses include recreational vehicle parks.

(d) Lodging. Lodging services involving the provision of room and/or board. Typical uses include hotels, motels and pay for stay arrangements in city residences (examples: Airbnb, Vrbo).

(e) Waterfront Heritage Bed and Breakfast. Lodging facilities in the WH zone in a dwelling with no more than eight bedrooms involving the provision of room and board.

(f) Waterfront Inn. Overnight lodging facilities in the WH zone with all units water-oriented. A restaurant and conference facilities may be included.

(g) Hostel. A property where four to 20 individuals may live for not more than 30 continuous days, exclusive of management staff who may reside on the property. If there are more than 20 persons at maximum occupancy, such a facility shall be considered a hotel or motel as defined in this chapter.

(h) Hotel/Motel. A building or portion thereof designed and used for transient lodging in a nonresidential zone, lodged with or without meals and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment and personal services.

(i) Vacation Rental. A residential structure being rented for compensation for less than 30 days without concurrent occupation by the owner/operator.

(j) Homestay. A residential structure being rented for compensation for less than 30 days with owner/occupant concurrent occupation or residence in another dwelling on the same property.

Tract – One or more contiguous lots or parcels under the same ownership.

U.

Units per acre – The number of dwelling units allowed on one acre. For example, a maximum of four units/acre would mean that no more than four dwelling units on one acre are allowed in a particular zone.

Unstable slopes – Those sloping areas of land which have in the past exhibited, are currently exhibiting, or will likely in the future exhibit movement of earth.

Use – The purpose for which land or the premises of a building, structure, or facility thereon is or may be occupied, maintained, arranged, designed or intended.

Use, Cease of – Use shall be considered as ceased when the site and/or building is no longer used or available for occupancy by the specific use for 24 months. A building or site vacant while being continuously marketed, repaired, or otherwise similarly unavailable for use is not considered to be a cessation of use. A building or site that is occupied by a different use shall be considered as a cessation of the former use.

Use, Principal – The main use of land or buildings as distinguished from a subordinate or accessory use.

Use, Start of – Use shall be considered as begun when the applicant has physically moved into the site or is in the process of physically moving into the site in preparation of beginning occupation and/or operation. Actual operation and/or business open to the public need not occur to consider a use as begun.

Use, Temporary – A use established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Temporary uses do not involve the construction or alteration of any permanent structure.

Utilities easements – Rights-of-way that may be used by public utilities, including, but not limited to, electricity, water, natural gas, sewer, telephone, and television cable for the construction, operation, maintenance, alteration, and repair of their respective facilities.

V.

W.

X.

Y.

Yard – Open space on a lot which is unobstructed by a structure and measured between the property line and the nearest point at the outermost face of any vertical support, exterior wall line, or foundation of a building. May also be an area defined by required setbacks.

Yard, Front – A yard between side lot lines and measured horizontally at right angles to the front lot line to the nearest point of the building.

Yard, Rear – A yard between side lot lines and measured horizontally at right angles to the rear yard line to the nearest point of the building.

Yard, Side – An open space between the front yard and rear yards measured horizontally and at right angles from the side lot line or street side lot line to the nearest point of a building.

Z.

Zero lot line development – A single-unit dwelling which has no yard requirements on one or more of the lot lines, in conformance with the International Building Code.

Zone – Area within which certain uses of land and buildings are permitted and certain others are prohibited; yards and other open spaces are required; lot areas, building height limits, and other requirements are established.

Zone or zoning district – Any portion of the city within which, on a uniform basis, certain uses of land and buildings are permitted and certain other uses of land and buildings are prohibited as set forth in this title and within which certain yards and other open spaces are required, certain lot areas are established, and a combination of such aforesaid conditions are applied. [Ord. 553 § 1, 2022; Ord. 549 § 2, 2022; Ord. 547 § 1, 2021; Ord. 540 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 518 § 8 (Exh. 1), 2019; Ord. 513 § 7 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 490 § 1, 2018; Ord. 486 § 1, 2017; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.150.010].